These general terms and conditions of business of Diaetam s.r.o., with registered office at Piletická 486, Věkoše 503 41 Hradec Králové, ID No.: 04891414 , registered in the public register kept at the Regional Court in Hradec Králové, (hereinafter referred to as “Provider”) apply to the order and provision of the Provider’s services in the field of educational materials with the offer listed on the Internet address Lascero.com. The Provider is also the operator of the Lascerocom website (hereinafter referred to as the “Website”).
- Introductory provisions, definition of terms
1.1. The General Terms and Conditions of Business (hereinafter referred to as “Terms and Conditions”) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the concluded contract, where the subject of the contract is in particular the Provider’s obligation to provide the Customer with a “SaaS” (Software as a Service) service of software services and downloadable educational materials, selected by the Customer and the Customer’s obligation to pay for this service (hereinafter referred to as the “Contract”) concluded between the Provider on the one hand and another natural or legal person as the Customer on the other hand via the Provider’s website located at Lascivni. cz.
The Internet presentation is not an offer within the meaning of Section 1732(2) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).
1.2 Definition of certain terms used in the Terms and Conditions:
Customer – is an entrepreneur or consumer
Consumer – is any natural person who, when concluding a contract with the Provider, acts outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession
Entrepreneur – is a Customer who is not a consumer. An entrepreneur is a person who concludes a Contract with the Provider in connection with his/her own business activity, as well as persons acting on his/her behalf or on behalf of the Entrepreneur
User – a person to whom the Customer grants access to the Service provided
Internet shop – is an Internet presentation established for the purpose of offering courses and training provided by the Provider on the basis of orders received from the Customers and confirmed by the Provider.
1.3 In particular, the Provider offers the following in the Online Shop:
1.3.1. Paid user account – this is access to a special user profile, thanks to which the content within our web service is fully unlocked. The price of this service is 99 CZK recurrently and the validity of this service is one month from the date of payment of the service price. You will always receive a renewal invoice the following month.
1.3.2. Paid educational e-books (e-books) – access to materials in the form of e-book, electronic book. The Customer’s access to the service is resolved through the web interface, using the download address that the Customer receives after paying the order price. The price of this service is 99 CZK at one time.
1.4 By placing an Order, the Customer simultaneously confirms that he/she has read these Terms and Conditions and undertakes to comply with them.
- Information for the Consumer before concluding the Contract
2.1 The Online Shop contains advertising of individual services provided by the Provider. In the case of “discounts, discount promotions,” the listed price is already after the discount and is therefore final. The prices of the services are inclusive of all taxes (in particular VAT) and fees. The price of the service is set in CZK (Czech crown).
2.2 Payment for the purchased goods can be made by bank transfer, where the fee for making the payment is always indicated and known to the Customer before the order is sent.
2.3 The contract is concluded in the Czech language. Relations and any disputes arising under these Terms and Conditions shall be subject exclusively to the laws of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.
2.4 The Provider reserves the right to withdraw any discounts, discount promotions, at any time with immediate effect. It is not possible to claim a discount on the service after revocation.
2.5 The Provider reserves the right to conclude the Contract on individually agreed terms.
- Conclusion and effectiveness of the contract
3.1 The Customer shall place an order with the Provider via the interactive form on the Website. The order is placed after the Customer has filled in all the required data by final confirmation. The Contract is concluded at the moment of confirmation of the order by the Provider.
3.2 By concluding the Contract, the Provider undertakes to provide the Customer with access to the service selected by the Customer as set out in Article 1.3 of the Terms and Conditions, subject to the terms and conditions set out in these Terms and Conditions, and the Customer undertakes to pay the Provider the price of the service (hereinafter also referred to as the “Price”). The Customer’s right to access the Service shall only arise upon full payment of the agreed Price and shall be valid for a period of 12 months from the date of payment.
3.3 The Price is always payable within 14 days of the date of the Provider’s request to the Customer to pay it (the request may be replaced by the issuance of a tax invoice).
- Information on sending e-mail newsletters
4.1 In case of paid access, news and other commercial communications may be sent to your e-mail address, this procedure is allowed by § 7 paragraph 3 of Act No. 480/2004 Coll., on Information Society Services, unless you reject it. You can unsubscribe from these communications at any time by any means, for example by sending an e-mail or by clicking on a link in a commercial communication.
- Rights and obligations of the customer
5.1 The Customer is obliged to pay the Provider the Price for the provision of the Service in due and timely manner.
5.2 The Customer shall have the right to delete its account at any time, but may only do so through its own account. For security reasons, deletion requests made by e-mail or telephone will not be taken into account. Deleted accounts cannot be restored in any way and all data contained therein will be irretrievably deleted. Deleting an account does not result in a refund of the Price for the period in question to the Customer.
5.3 Neither the Customer nor the Users may damage the reputation of the Provider.
5.4 The Customer undertakes to immediately inform the Provider of any malfunctions and malfunctions of the Service by e-mail to: admin@lascivni.cz.
- Provider’s rights and obligations
6.1 The Provider undertakes to exercise all professional care to ensure the proper functioning of the Service.
6.2 In connection with the provision of the Service and ensuring its proper functioning, the Provider is entitled to use applications developed by third parties, intended, inter alia, for the analysis of data storage, etc.
6.3 The Provider is obliged to ensure the operation of all its software and hardware resources for the provision of the Service. Exceptions to this obligation are conditions that cannot be influenced by the Provider and cannot be prevented. These include, for example, force majeure, accidents, failures of public telecommunications networks or other actions necessary to ensure the operation of the Service by the Provider (e.g. software updates, server configuration, etc.).
6.4 All data stored by the Customer or the User on the account set up by the Provider for the Customer within the scope of the provision of the Service shall be the exclusive property of the Customer or the User, respectively, and the Provider shall not acquire any ownership or usage rights to them, unless expressly agreed otherwise.
6.5 The Provider shall not be liable for any damage caused to the Customer (or the User, as the case may be) as a result of any malfunction, failure, error or defect of the Service, or its proper functionality, of which the Customer was unaware or did not foresee, and the Customer hereby waives all claims for compensation for such damage, unless the Provider caused such damage to the Customer intentionally or through gross negligence.
- Withdrawal from the Contract by the Consumer
7.1 The Consumer shall have the right to withdraw from the Contract concluded through the Online Shop without giving any reason within fourteen days, which period shall run from the moment of conclusion of the Contract.
7.2 For the purpose of withdrawal from the Contract, the Consumer is obliged to inform the Provider of his/her withdrawal by letter sent via the postal service provider to the address of the Provider’s registered office. The Consumer is entitled, but not obliged, to use this model withdrawal form for withdrawal. Alternatively, the email address for withdrawal (typically for withdrawal from a paid monthly membership) listed above may be used.
7.3 It is sufficient to maintain the withdrawal period if the Consumer has sent the withdrawal on the last day of the relevant period.
7.4 If the Consumer withdraws from the Contract, the Parties shall without undue delay, and no later than 14 days from the date on which the Provider receives the Consumer’s withdrawal, refund all benefits provided under this contractual relationship.
7.5 In the written withdrawal from the Contract, the Consumer shall indicate the bank account number or postal address for the return of the purchase price by the Provider. The Provider is obliged to return the price paid for the goods to the Consumer, either to the account specified in the written withdrawal or by postal order to the Consumer’s address.
7.6 In accordance with the provisions of Section 1837, Civil Code, the Consumer may not withdraw from, inter alia, a contract for the provision of services that the Provider has performed with the prior express consent of the Consumer before the expiry of the withdrawal period.
7.7 In the event that the Consumer uses the service within the time limit pursuant to Section 1829(1) of the Civil Code, by accepting the terms and conditions, the Consumer also gives consent to commence performance before the expiry of this time limit, and therefore the Consumer who has already attended the course within the time limit pursuant to Section 1829(1) of the Civil Code is not entitled to withdraw from the Contract.
8.
8.1 The rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Sections 1914 to 1925 of the Civil Code.
In particular, the consumer is entitled to:
1.a) If the defect can be remedied, he can demand either the removal of the defect or a reasonable price reduction. If the defect cannot be removed and the object cannot be used properly because of it, the purchaser may either withdraw from the contract or claim a reasonable discount on the price.
1.b) If the defective performance is a material breach of contract, the Consumer shall have the right to:
b1) to remedy the defect by supplying a new item without defect or by supplying the missing item,
b2) to remedy the defect by repairing the item,
b3) a reasonable discount on the price; or
b4) to withdraw from the contract.
The Customer shall inform the Provider of the right it has chosen when notifying the defect or without undue delay after notification of the defect. The Customer may not change the choice made without the Provider’s consent; this does not apply if the Customer has requested the repair of a defect that proves to be irreparable. If the Provider fails to remedy the defects within a reasonable period of time or notifies the Customer that it will not remedy the defects, the Customer may demand a reasonable price reduction in lieu of remedying the defect or may withdraw from the contract. If the Customer fails to exercise its right in time, it shall have the rights under point c).
1.c) If the defective performance is an insubstantial breach of contract, the Customer shall be entitled to have the defect removed or to a reasonable price reduction.
1.d) As long as the Customer does not exercise the right to a price reduction or does not withdraw from the contract, the Provider may supply what is missing or remedy the legal defect. The Provider may remedy other defects at its option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the Customer.
1.e) If the Provider fails or refuses to remove the defect in time, the Customer may demand a price reduction or withdraw from the contract. The Customer cannot change the choice made without the Provider’s consent.
1.f) Until the defect is rectified, the Customer does not have to pay the part of the estimated price reasonably corresponding to its right to a discount.
1.g) The Customer shall not be entitled to a right in respect of defective performance if the defect was caused by the Customer.
8.2 If the Customer is not satisfied with the quality of the service, it is entitled to notify the Provider in writing by letter sent without undue delay to the address of the Provider’s registered office.
8.3 The Provider reserves the right to examine and assess the reasons for the complaint and, in the event of the Provider’s fault, to offer the Customer an alternative solution (e.g. a discount on the service).
8.4 The Provider undertakes to decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the service provided and necessary for a professional assessment of the defect. The complaint, including a proposal for an alternative solution, must be settled without undue delay, at the latest within 30 days of the date of the complaint.
8.5 In particular, obstacles on the part of the Customer shall not be legitimate grounds for a complaint.
8.6 The Provider shall not be liable for failure to fulfil its obligations under the Contract due to force majeure.
- Processing of personal data
9.1 In the case of registration (both paid and free of charge) to the Teacher Profiles service on the Lascivni.cz website, operated by the Provider (see above), we process personal data within the meaning 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “Regulation”), as listed below:
Name and surname,
e-mail address,
street, city, postcode,
ID number / VAT number (in case of purchase by an entrepreneur).
9.2 This personal data must be processed for the purpose of identifying the Parties and performance under the Contract and for the purpose of recording the Contract and any future exercise and defence of the rights and obligations of the Parties.
9.3 Such processing is permitted under Article 6(1)(b) and (f) of Regulation (EU) No 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “Regulation”).
9.4 The IP address will also be processed for the purpose of ensuring protection against cyber-attacks. Such processing is permitted under Article 6(1)(f) of the Regulation.
9.5 The retention and processing of the Customer’s personal data for the aforementioned purpose will be carried out for the duration of the Contract and for a period of 10 years after termination of the Contract, unless other legislation requires the retention of contractual documentation for a longer period.
9.6 Under the Regulation, you have the right to:
Request information from us as to what personal data we process about you,
request access to that data and have it updated or corrected, or request a restriction on processing,
to portability and the right to a copy of your personal data,
request that we erase such personal data – unless it is personal data that we are obliged or authorised to process further under the relevant legislation,
lodge a complaint with the Data Protection Authority and the right to effective judicial protection if you believe that your rights under the Regulation have been infringed as a result of the processing of your personal data in breach of the Regulation.
- Out-of-court settlement of disputes with Consumers and state supervision
10.1 In addition to the general courts, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 00020869, Internet address: www.coi.cz, is competent for the out-of-court settlement of consumer disputes.
- Final provisions
11.1 These Terms and Conditions and all Agreements are governed by generally binding legal regulations in force in the Czech Republic.
11.2 The Provider has the right to change these Terms and/or the Price List at any time. The Provider must notify the Customer of changes to the Terms and Conditions or the Price List and publish the new full version on the Website. The Customer shall be entitled, in the event that it does not agree with the change to the Terms and Conditions or the Price List, to terminate the Contract within 30 days of the date on which the changes to the Terms and Conditions or the Price List were published on the Website, in which case such situation shall give rise to claims under this Contract, i.e. as if the Contract had been terminated by the Provider. In the event that the Client does not terminate the Contract, starting on the 31st day after the new Terms and Conditions (or Price List) are published on the Website, the Contract shall continue to be governed by such new Terms and Conditions and Price List.
11.3 In the event that any provision of these Conditions is invalid or ineffective for any reason, such invalidity or ineffectiveness shall not render the remaining parts of these Conditions or any Contract invalid or ineffective.
11.4 These Terms shall come into force and effect on 1 January 2023
