General Business Conditions and Personal Data Protection
Here you will find the GBC or general business conditions, business conditions and Personal Data Protection Act.
The Business Conditions become valid and effective on the date 12. 4. 2020
- Basic provisions
These General Business Conditions (hereafter “GBC”) regulate the relations between the buyer and seller in the field of sale of digital content (hereafter the “Product” or “Digital Content”) between the self-employed person Václav Bolech (hereafter the “Seller”) and his customers (hereafter the “Buyers”).
Seller: The Seller is the self-employed person Václav Bolech, who is a registered trading subject with the business ID No 07075481 valid in the Czech Republic, European Union, not registered for VAT, engaged in the sale of digital content.
Buyer: Upon the start of business relations, the Buyer hands over to the Seller only its contact data necessary for the problem-free handling of an order or the data which it wishes to be shown on buying documents.
The legal relations of the Seller with the Buyer not expressly covered by these GBC are governed by the relevant provisions of Act No 89/2012 Coll, the Civil Code, the Czech Republic, European Union, as amended by later and associated regulations.
The Buyer is aware that by buying the products in the Seller’s sales offer it incurs no right to the use of the registered marks, digital content, business names, company logos or patents of the Seller with the aim of making a profit (including non-profit distribution to third parties) unless otherwise is agreed in a specific case under a special contract pursuant to section 2358 et seq. of Act No 89/2012 Coll., the Civil Code of the Czech Republic, as amended.
For the purposes of article VI of these GBC, a Buyer means only a natural person who buys products from the sales offer according to Part I, Chapter II, Division IV of Act No 89/2012 Coll., the Civil Code of the Czech Republic, as amended
All the valid conditions in these GBC comply with the law and legislation of the European Union and the Czech Republic. All the cited laws refer to the legal system of the Czech Republic as a member of the European Union.
Price: the seller is not registered for VAT, the prices of products are final.
You may pay by credit transfer, absolutely securely by payment card (including the service 3D Secure and SSL certificate), Apple pay or Pay Pal. The payment gateway is Stripe. For more information see: https://stripe.com
After an order has been paid for, you will receive an email. The invoice constitutes a purchase document. Keep the invoice.
- Information security and protection
The seller processes the buyer’s personal data in compliance with Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), in compliance with the GDPR, General Personal Data Protection Regulation, according to the Rules for Handling of Personal Data. We save personal data in order to fulfil a purchase contract and for marketing purposes. You can find all the necessary information below in the chapter Conditions of Personal Data Protection Applying to Online Sales wanttospeakspanish.com.
- a. SENDING OF COMMERCIAL MESSAGES AND PLACING OF COOKIES
- a. 1. Pursuant to section 7 (2) of Act No 480/2004, Coll., on certain Information Society Services and on Amendments to some Acts (Act on certain Information Society Services), as amended, the buyer agrees to the sending of commercial messages by the seller to the buyer’s email address or telephone number. The seller uses a separate document to discharge its information duty pursuant to Article 13 of the GDPR towards the buyer associated with the processing of the buyer’s personal data for the purposes of sending commercial messages.
- a. 2. The buyer agrees to the placing of so-called cookies on their computer. If it is possible for a purchase on the web page to be made and for the undertakings of the seller from the sales contract to be performed without so-called cookies being placed on the buyer’s computer, the buyer may at any time revoke its consent pursuant to the preceding sentence.
In the online store there are always the current and valid prices for the online store.
- a. Ordering, distribution and product
The buyer will receive the virtual product for the price valid at the moment of ordering.
Any form of redistribution/sharing of any digital content coming under wanttospeakspanish.com to/with other third parties is strictly prohibited. The copying or transcription of content and distribution to other third parties is strictly prohibited. The forwarding of content to other third parties is strictly prohibited. It is strictly prohibited to display digital content online in such a way that third parties can download/view/use it or enjoy benefits from it. A breach of these rules will result in the seller rescinding the purchase contract. The buyer will also have to compensate the seller for any damages that the seller incurs as a result of this behaviour.
The digital content and its distribution is monitored by the seller. He monitors the number of downloads, the routes via which the downloads take place, the number of viewings in relation to the number of buyers during a given decisive period. The number of times that gift vouchers and codes are used. The number and implementation of registered emails for downloading digital content, time and time intervals are monitored. All of this is performed within the constraints imposed by the law and rules for personal data protection.
All of the aforementioned rules apply for the E-shop wanttospeakspanish.com.
Product, digital content, digital content on physical medium means:
- Word, Excel and PDF text document.
- Text document in format PDF in particular.
- Link to video on platform vmeo.cz (a video will range from 5 to 60 minutes; high definition; size from 0.5 GB to 7 GB)
- Telephone number for communication with tutor.
- Printed voucher for online lesson from wanttospeakspanish.com, aluminium printed voucher for online lesson from wanttospeakspanish.com
The seller bears no liability for incorrect responsive display on electronic devices other than computers. But if there is a problem with responsive display, for example the buyer wants to play the lesson on a mobile telephone but it does not work, it will announce this fact to the seller, who will provide the given lesson to the Buyer in a different form. However, all content is created in such a way that it behaves responsively in the online environment.
More information is available in the chapter guarantee and delivery conditions below.
- Rescinding of contract
Before the purchase of the Product, i.e., digital content, the buyer is informed that in compliance with the laws cited hereunder, it is buying digital content, where rules apply that differ from the regular ones concerning rescinding of a contract in the case of remote purchasing within 14 days. If the buyer confirms an order and pays for it, the digital content will be offered to it for download. If it downloads digital content offered to it on the basis of a purchase contract, it foregoes the possibility to rescind a remotely concluded contract for the purchase of digital content.
The aforementioned complies with the following provisions: section 605, section 607, section 1818, section 1820 paragraph 1f), section 1829, section 1836 b) and section 1837l) of Act No 89/2012 Coll., the Civil Code, as amended.
There is a possibility to rescind the contract if the Seller does not agree to digital content being made accessible in the first 14 days to the buyer so that it retains the right to rescind the contract. In such a case the Buyer will wait 14 days for digital content, and during this period it may reconsider the order. If this is the case, and it wants to reconsider the order, it will inform the Seller on the email address: firstname.lastname@example.org, and the Seller will provide the Buyer with a trial version of the Online video Spanish lesson for viewing over a 14-day period.
If the buyer is not able to play, launch or display the digital content, the rules in the chapter Guarantee shall apply, and the rules in this chapter Rescinding of Contract apply. So if the buyer is not able to play, launch or view the content on his device, i.e., PC, notebook, tablet, mobile telephone etc., it may rescind the contract pursuant to the aforementioned provisions within 14 days from the below signature and if the Buyer is not a Legal Person. The Buyer must not provide the digital content to any third party. The number of downloads and viewings is measured, so if there is a breach of these rules, i.e., the number of viewings and downloads exceeds the number usual for one Buyer, moreover in a case where it was not capable of playing the digital content, the Seller may refuse to accept the buyer rescinding a remotely concluded purchase contract within 14 days.
If the Buyer complies with the rules for possible rescinding of a contract, the Seller is obliged to accommodate this. It is necessary to meet the following conditions:
- Send a letter (preferably by email to the address email@example.com) with the text: “I wish to rescind unilaterally the contract from (date, month, year, invoice number) and require the refund of the paid amount for goods to the account No:………………/……”. Date and signature.
- Add the invoice as an attachment, delete the PDF with the lesson from the hard disk or SSD disk and prevent third parties from accessing it. It is also necessary to take into account the rule that there is a strict prohibition on any distribution of digital content purchased on wanttospeakspanish.com, see chapter Ordering and distribution.
- The possibility to rescind a contract does not apply to a delivery of goods tailored to the wishes of the Buyer or goods ordered especially and expressly at the wishes of the Buyer and which were not in store at the time of the order, and other goods where part of their value is consumed by use and it is not possible to restore them to the original state before purchase.
- Information about products
The information about Products offered in the eshop of the Seller is of a merely informative nature, and there may be differences in detail from the delivered goods. But the difference is only slight and has no effect on the meeting of the designated goals of online tuition and content of the teaching material. Teaching materials are the property of the Seller. All lessons are owned by the Seller. All the uploaded audio and video files are owned by the Seller. The individual designated categories for the individual online video lessons and podcasts according to the European Reference Framework are approximate. The actual categorisation is adapted to the lessons and corresponds only in outline.
Web pages may be updated without preceding notification. And the contents of products may also be updated in order to improve the quality of content and appearance without preceding notification.
- Payment conditions
- payment by payment card – securely using the service Stripe (including 3D Secure and SSL certificate). Payment is made via the gateway Stripe (more information here: https://stripe.com)
- payment by credit transfer (the goods will be dispatched immediately after the payment is credited to the account of the seller
- Apple Pay
The goods remain the property of the Seller until full payment is made.
- The seller undertakes to supply the buyer with digital content , i.e., lessons/lesson/bundle of lessons or voucher with content corresponding to the offered content of the lesson published in the commercial part on wanttospeakspanish.com
- The seller also undertakes to comply with the conditions given for products on wanttospeakspanish.com
- The seller also undertakes to provide all the necessary data to the Buyer before the purchase of the product, and this shall be in the form of an email from the address firstname.lastname@example.org in such a way that the Buyer has all the necessary information to make an informed decision on the purchase of the given product.
- The real content (i.e., what the buyer receives) of each lesson exceeds the detailed description of each lesson given upon purchase, so the buyer always gets more than published in the description of the lesson.
- A two-year guarantee applies to the products, i.e., digital content. This applies to faults which may be associated with the digital content and form of playing, downloading, viewing, listening. The guarantee does not apply to the content as such. If the digital content is faulty, for example it is not possible to play it, it is sufficient to inform the seller of this fact, and he must ensure redress and provide the Buyer with new content without undue delay.
- If in this case the Seller cannot provide the Buyer with new content, the buyer is authorised to ask for a refund and thereby rescind the purchase contract. Once again there is a strict prohibition on any distribution of faulty content or fault-free digital content of the Seller to third parties, see chapter Ordering and distribution.
- There may be errors in the content, i.e., in the presentation and tuition. Unfortunately the Seller is only human, and so this might happen. If the Buyer finds an error, it may inform the Seller of the given error at the email address: email@example.com, and the Seller is obliged to rectify the error.
- The guarantee conditions for digital content are governed by the Complaint Rules of the Seller, see above.
7.a. Guarantee conditions
The guarantee conditions for goods are governed by the Complaint Rules of the Seller.
- a. 1. Out-of-court dispute resolution
Should a dispute arise between the Seller and the Buyer, such a dispute can be resolved through the use of either of the two forms of out-of-court dispute resolution applied in standard procedures of the EU, i.e., mediation and arbitration. In both cases disputes between a consumer and entrepreneur are resolved, and a subject of out-of-court resolution of consumer disputes in the Czech Republic (the Czech Trade Inspectorate – ČOI) proposes or imposes a solution, or it leads the parties to joint negotiations with the aim of facilitating an amicable resolution of the dispute.
Arbitration is governed by Act No 216/1994 Coll., on arbitration and the enforcement of arbitration awards, and mediation by Act No 202/2012 Coll., on mediation.
In the case of a dispute the Seller and Buyer may also agree on out-of-court dispute resolution, but the purchase contract does not contain an arbitration clause or mediation contract unless agreed otherwise between the Seller and Buyer.
The relevant general courts of the Czech Republic will be competent to resolve disputes between the Seller and Buyer unless agreed otherwise by the Seller and Buyer.
- Delivery conditions
- The digital content will be provided by email. Other important forms of content will be made available on the platform vimeo.com. Everything will be made available via email without undue delay after the conclusion of the purchase contract.
- The email will contain a text document, link to video on the platform vimeo.com, other text document and telephone number for potential conversation with tutor. Text documents are in the format of a Word text document, Excel and PDF text document. If it is not possible to play these formats, to display them, run or open them etc., it is necessary to inform the Seller of this, and he will provide the relevant digital content in a different format so that the Buyer can use the digital content for its purposes.
- If the buyer is not able to play, run or display digital content, the rules according to the guarantee will apply, as do the rules with regard to rescinding of the contract. So if the Buyer is not able to play, run or display digital content, it may rescind the contract in compliance with section 1829 et seq. of the Commercial Code if it is a consumer, and this shall be within 14 days according to the above description. The rule applies that the Buyer must not provide the digital content to any third party. The number of downloads and viewings is measured, so if there is a breach of these rules, i.e. the number of viewings and downloads exceeds the number usual for one Buyer, moreover in a case where it was not capable of playing the digital content, the Seller may refuse to accept the Buyer rescinding a remotely concluded purchase contract within 14 days.
- Concluding provisions
These General Business Conditions become valid and effective on the date 12.4.2020. The Seller reserves the right to amend these General Business Conditions without prior notification.
Conditions of personal data protection applying to online sales wanttospeakspanish.com
- The personal data controller pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter: “GDPR”) is the self-employed person Václav Bolech, business ID No: 07075481, having his registered office at the address Stavařov 99, 530 09 Pardubice, entered in the trades licensing register kept in Pardubice, Czech republic, EU (hereafter the: “controller”).
- The contact data of the controller is:
Address: Stavařov 99, 530 09, Pardubice, Czech Republic. or Vršovická 1, PSČ 10100, Praha, Czech Republic.
Personal data means all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified directly or indirectly, in particular on the basis of a reference to a certain identifier, such as name, identification number, location data, network identifier or code or one or several elements specific for the physical, physiological, psychological, economic, cultural or social identity of such a natural person.
- Due to the nature of the eshop, the controller has not appointed a data protection officer.
Sources and categories of processed personal data
- The controller processes the personal data which you have provided to him or the personal data which he gained on the basis of performance of your order:
- first name and surname
- email address
- postal address
- The controller processes your identification and contact data and the data essential for the performance of the contract.
Legal grounds and purpose of processing of personal data
- The legal grounds for the processing of personal data are
- performance of the contract between you and the controller pursuant to point (b) of Article 6 (1) of the GDPR,
- performance of legal duty of the controller pursuant to point (c) of Article 6 (1) of the GDPR,
- legitimate interest of controller in the provision of direct marketing (in particular for sending commercial messages and newsletters) pursuant to point (f) of Article 6 (1) of the GDPR,
- your consent to processing for the purposes of provision of direct marketing (in particular for the sending of commercial messages and newsletters) pursuant to point (a) of Article 6 (1) of the GDPR, combined with section 7 (2) of Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts, if there was no order for goods or services.
- The purpose of personal data processing is
- dealing with your order and the exercise of rights and duties arising from the contractual relationship between you and the controller; during ordering personal data is required which is essential for the successful handling of the order (name and address, contact details), the provision of personal data is a necessary requirement for the conclusion and performance of a contract, and without the provision of personal data it is not possible to conclude a contract or for the controller to perform it,
- fulfilling of legal duties towards the state,
- sending of commercial messages and performance of other marketing activities.
- There is no automated decision-making on the part of the administrator pursuant to Article 22 of the GDPR. You have provided your express consent to such processing.
Data retention period
- The controller retains personal data
- for the period essential for the exercise of rights and duties arising from the contractual relationship between you and the controller and the assertion of rights from these contractual relations (for 10 years from the end of the contractual relationship).
- until you revoke consent to the processing of personal data for marketing purposes, at the most 3 years, if the personal data is processed on the basis of consent.
- After the expiry of the personal data retention period the controller will erase the personal data.
Recipients of personal data (subcontractors of the controller)
- Recipients of personal data are persons
- participating in the delivery of goods/services/implementation of payments based on a contract,
- ensuring services of operation of the E-shop (wanttospeakspanish.com) and other services associated with the operation of the e-shop,
- ensuring marketing services.
- The controller has no intention of transferring the personal data to a third country (to a country outside the EU) or an international organisation. Providers of mailing services / cloud services are personal data recipients in third countries.
Personal data processors
- The personal data is processed by the controller, but these processors may process personal data for him:
- providers of the service Mailchimp, Smartmailing
- the company Smartmailing
- any other provider of processing software of services and applications which the controller does not currently use.
- Under the conditions given in the GDPR you have
- the right to access your personal data pursuant to Article 15 of the GDPR,
- the right to have personal data rectified pursuant to Article 16 of the GDPR, or the right to the restriction of processing pursuant to article 18 of the GDPR,
- the right to the erasure of personal data pursuant to Article 17 of the GDPR,
- the right to object to processing pursuant to Article 21 of the GDPR,
- the right to data portability pursuant to Article 20 of the GDPR and
- the right to withdraw consent to processing in writing or digitally to the postal or email address of the controller given in article III of these conditions.
- You also have the right to lodge a complaint with the Personal Data Protection Office if you consider that your right to personal data protection has been infringed, or to bring proceedings before a court.
Conditions for securing personal data
- The controller declares that it has ensured all appropriate technical and organisational measures for securing personal data.
- The controller has adopted technical measures to protect data repositories and repositories of personal data in documentary form, in particular antivirus programs and backups.
- The controller declares that only persons authorised by the controller have access to personal data.
- By sending an order from the internet order form you confirm that you are familiarised with the conditions of personal data protection and accept them in full.
- You agree with these conditions by ticking agree on the internet form. By ticking agree you confirm that you are familiarised with the conditions of personal data protection and accept them in full.
- The controller is authorised to change these conditions. It will publish the new version of the personal data protection conditions on its internet pages and at the same time send you the new version of these conditions to your email address that you gave the controller.
These conditions become valid and effective on 12.4.2020