1. Introductory Provisions
   1. In accordance with provisions of Section 1751 of Act No. 89/2012 Sb. (The Collection of Czech Laws), the Civil Code, as amended (hereinafter referred to as the „Civil Code„), these General Business Terms and Conditions (hereinafter referred to as the „Terms and Conditions“) regulate the rights and obligations of the Parties arising in connection with the use of the web portal at www.kinesiologycourses.cz (hereinafter referred to as the „Web Portal„), in particular legal relations arising in connection with or on the basis of a contract concluded by and between Kinesiology s.r.o., Company Identification Number (IČO): 22093893, with its registered office at Nad Pazdernou 398, 25241 Dolní Břežany, registered in the Commercial Register maintained by the Municipal Court in Prague under File No.: C 410828 (hereinafter referred to as the „Operator„), as the operator of the Web Portal, and the customer of the Web Portal.

1. 2. Contact details of the Operator:

• Registered office: Nad Pazdernou 398, 25241 Dolní Břežany
• E-mail address: kinesiologyprague@gmail.com
• Phone number: +420 776 175 087
• the address of the course/training session (subject to possible change at the Operator’s discretion):

Podolka Yacht Club Lounge, Podolské nábřeží – port 1, 147 00 Prague 4 – Podolí

1. 3. An entrepreneur is a person who, within the meaning of the provisions of Section 420 et seq. of the Civil Code, carries out an income-earning activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a regular basis for the purpose of making a profit. For the purposes of consumer protection, an entrepreneur is also any person who concludes contracts in connection with his own business, manufacturing or a similar activity or in the course of the independent exercise of his profession, or a person who acts in the name or on behalf of an entrepreneur, and a person registered in the Commercial Register (hereinafter referred to as the „Entrepreneur„).

1. 4. A consumer is any person who, when concluding a contract or when dealing with the seller within the meaning of Section 419 of the Civil Code, acts outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession (hereinafter referred to as „Consumer„).

1. 5. „Customer“ is a visitor to the Web Portal who enters into a contract with the Operator through the Web Portal.

1. 6. The Operator provides courses through Jana Lavičková and other certified instructors of the Kinesiology One Brain^® method which serves to relieve stress and enable the personal development of the client. The courses provided by the Operator are one-off and are divided into eleven (11) modules focusing on the acquisition of skills and techniques enabling stress relief, personal development of the client and the application of the learned principles in everyday life (hereinafter referred to as the “Course„). Completion of every next module of the Course is conditional on the proper completion of the previous module. After completing all eleven (11) modules you become a certified consultant facilitator who performs, ethically and responsibly, complete unblocking using this method. The individual modules can be taken up repeatedly. The Operator operates the Web Portal for the purpose of selling the individual modules of the Course (hereinafter the „Course Module„) and the individual Course Modules can be purchased online via the Web Portal.

1. 7. These Terms and Conditions and Information on personal data processing form an integral part of every contract concluded through the Web Portal by and between the Operator and the Customer. By submitting an order, the Customer confirms that he/she has read and understood these Terms and Conditions (available at https://www.kinesiologycourses.cz/obchodni-podminky/) and the Principles of Personal Data Protection ( Privacy Policy) (available at https://www.kinesiologycourses.cz/zasady-ochrany-osobnich-udaju/).

2. (Purchase) Order, Contract Conclusion – The Course Module

   1. The parties to the contract for the purchase of the Course Module are the Operator and the Customer. The contract for the purchase of a Course Module may be concluded by any purchaser, who is a natural person older than 18 years of age or who is a legal entity. A Course participant, however, can only be a natural person (an individual) over 18 years of age.

1. 2. The price of the Course Module is governed by the price list available at https://www.kinesiologycourses.cz/registrace/.

1. 3. The length of each Course Module is listed on the Web Portal at https://www.kinesiologycourses.cz/registrace/.

1. 4. The customer agrees to the use of remote means of communication when concluding the contract. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls, possible printing of documents for participation in the Course Module) are borne by the Customer.

1. 5. To purchase a Course Module, the Customer shall follow the steps described in the (purchase) order form on the Web Portal. An individual Course Model can only be purchased for a specific date (specific days and time). In the order form, the Customer is shown the possible dates of the Course Module.

1. 6. For capacity reasons, the number of participants for a specific term of the Course Module is limited to 12 persons.

1. 7. The Operator reserves the right to cancel or change the date of the Course Module for operational or organizational reasons or in the event that the minimum number of participants registered for a particular Course Module date is not met, with the minimum number of participants being four (4) persons. The Operator shall immediately inform the Customer of such facts via e-mail. In the event of such changes on the Operator’s side, the Customer has the option to take up the Course Module to which the change relates on a different date.

1. 8. In order to successfully order a Course Module (to conclude a contract for the purchase of a Course Module), the Customer must properly fill in the order form on the Web Portal. In addition to selecting the desired Course Module, term and payment method, the Customer must also fill in the following information:

In the case of a natural person (an individual):

• Name and surname
• Address (in the format: street and house number, city, postcode, state)
• E-mail address
• Telephone number

In the case of a legal entity:

• Business name of the company
• Address of its registered seat (in the format: street and house number, city, postcode, state)
• Company Identification Number (IČO), or VAT number
• E-mail address
• Telephone number

1. 9. All prices listed on the (purchase) order form are final.

1. 10. Before sending the (purchase) order, the Customer is allowed to check and change the data entered in the order. The Customer sends the (purchase) order by clicking on the „I hereby place the order with a payment obligation“ button. The information provided in the (purchase) order is considered correct by the Operator.

1. 11. The Operator has 14 days to deal with any submitted complaint or claim.

3. Payment Terms and Conditions
   1. The Customer may pay the price of the Course Module to the Operator in the following ways:

1. by a wire (cashless) transfer to the Operator’s bank account,
2. by a wire (cashless) transfer by a credit card.

1. 2. The Operator accepts payment through the Comgate payment gateway, to which the Customer will be redirected upon completion of his/her (purchase) order.

1. 3. The Comgate payment gateway is operated by Comgate a.s., Company Identification Number (IČO): 27924505, with its registered office at Gočárova třída 1754/48b, 500 02 Hradec Králové. Comgate a.s. is an entity authorized to provide payment services on the basis of a license granted by the Czech National Bank (ČNB) and is subject to supervision by the Czech National Bank.

1. 4. The Comgate payment gateway is a simple and secure way to pay online. After initiating the payment, you will be redirected to the payment methods page. When paying by credit card, you must enter your credit card details. Your payment will then be credited within a few minutes. For more information, please visit: https://www.comgate.cz/.

1. 5. The Operator also accepts payment by a wire bank transfer to the Operator’s bank account, in which case the payment details will be provided to the Customer by means of a QR code which will be sent to the Customer’s e-mail address specified in the (Purchase) Order together with the Confirmation according to Article IV of these Terms and Conditions.

1. 6. If the price of the Course Module is not paid by the Customer within 72 hours from the date of sending the (purchase) order, the contract for the purchase of the Course Module shall be deemed not to have been concluded.

1. 7. Participation in an individual Course Module is possible only after due payment of the Course Module purchase price.

4. Purchase Confirmation Relating to the Course Module
   1. After the Customer pays the price for the purchase order, a confirmation of his/her purchase of the Course Module (hereinafter referred to as the „Confirmation„) will be sent to the email address specified in the (purchase) order. No other method of delivery is possible. Upon delivery of the Confirmation, the contract for the purchase of the Course Module is concluded. The email will also contain a link to a possible change of the (course) date.

1. 2. Together with the Confirmation, the Customer will be sent the relevant tax document.

1. 3. The Customer is obliged to check the Confirmation immediately upon receipt.

1. 4. The Operator shall not be liable for any loss, theft, damage or misuse of the Confirmation by any third party. A Course Module that the Customer has not attended (has not taken up) on the basis of the Confirmation shall be forfeited and the Operator shall not be obliged to refund the purchase price or a proportionate part of the purchase price to the Customer. The Course Module can only be purchased through the Web Portal. In no event shall the Operator be liable for the validity and authenticity of any Confirmation that may have been purchased (in violation of these Terms and Conditions) from a third party.

1. 5. The Operator shall not be liable in case that the Confirmation is not delivered to the Customer for reasons attributable to the Customer.

5. Withdrawal from the Contract, Change of Date
   1. The Customer may withdraw from the contract for the purchase of the Course Module in the cases stipulated by the law.

1. 2. The Customer can change the date of the purchased Course Module no later than five (5) days before the scheduled date of the purchased Course Module.
      

1. 3. For the avoidance of any doubt, the parties declare that changing the date of the Course Module is not a withdrawal from the contract, so the Customer is not entitled to a refund. The Operator will allow the Customer to take up (attend) the Course Module on a different date, if available, but always no later than six (6) months as from the date of purchase of the original Course Module.

1. 4. In the event that the Customer does not attend the purchased Course Module (does not take it up) on the given date, or if the Customer makes use of the possibility to change the date but fails to choose a new date for the Course Module during the applicable validity period, he/she is not entitled to a refund of the purchase price for the Course Module.

6. Other Terms And Conditions Applicable to Participation in the Course Module
   1. The Customer is entitled to request that a person other than the Customer may attend the Module.

1. 2. When participating in the Course Module, you must behave according to the usual social rules.

1. 3. It is not possible to attend (take up) the Course Module under the influence of any addictive substances, in dirty clothes and in an obviously unfit condition; other disqualifying conditions include other disruption of the Course Module in order to take advantage of the other participants for the participant’s own interest. In such case, the Operator or its authorized person is entitled to expel the Customer from the Course Module, and the Customer will not have any right to a refund of the Course Module or a refund of the purchase price.

7. Customer’s Rights Ensuing from Defective Performance (Supply)
   1. Rights and obligations of the contracting parties arising from defective performance (supply) are governed by the relevant generally binding legal regulations, in particular, without limitation, the Civil Code.

1. 2. The Operator, however, shall be liable for the fact that it shall provide the Customer with performance (supply) free and clear from any defects, with the required or usual characteristic features, so that the performance (supply) can be used according to the contract; and, if known to the parties, also according to the purpose of the contract.

1. 3. Defective performance (supply) on the part of the Operator includes in particular, without limitation, the following:

(a) if the Operator provides performance (supply) that does not have the specified or agreed characteristic features, (b) if the Operator fails to point out defects in the performance (supply), which are not normally found in such performance (supply), (c) if the Operator assures the Customer, contrary to the facts, that the performance (supply) has no defects at all.

1. 4. The Customer is obliged to notify the Operator of the defect without undue delay after the defect could have been discovered whilst applying due diligence approach. In the notification of the defect, the Customer must provide a brief description of the defect.

1. 5. If the defect can be remedied, the Customer may claim either a repair or completion of what is missing, or the Customer may claim a reasonable discount on the purchase price. If the defect cannot be remedied/eliminated, the Customer may either withdraw from the contract or claim a reasonable discount on the purchase price.

1. 6. The Customer shall raise his/her claims in relation to the rights from defective performance (supply) at the Operator, at the address of the Operator’s registered office or via email: kinesiologyprague@gmail.com.

8. Personal Data Protection
   1. The Operator is a personal data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 94/46/EC (hereinafter referred to as „GDPR„) and, as a data controller, the Operator processes all personal data of its Customers in accordance with the applicable legal regulations, in particular, without limitation, with the GDPR and Act No.480/2004 Sb. (The Collection of Czech Laws), on Certain Services of Information Society, as amended. For more information on personal data protection, please see the Principles of Personal Data Protection (Privacy Policy) (available at https://www.kinesiologycourses.cz/zasady-ochrany-osobnich-udaju/).

9. Final Provisions
   1. All legal relations arising from and related to the contract concluded through the Web Portal, of which these Terms and Conditions are a part, are governed by the laws of the Czech Republic.

1. 2. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law. By choosing the law according to the previous sentence, the Customer, who is a consumer, is not deprived of the protection afforded to him by provisions of any law which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6 paragraph (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

1. 3. The seller fulfils its legal obligations relating to the possible storage of cookies on the Customer’s device by means of a separate document.

1. 4. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision with a meaning as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

1. 5. The Operator may amend, change or supplement the wording of these Terms and Conditions. This provision, however, does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

1. 6. These Terms and Conditions are valid and effective from 1 October 2024 and they are available for inspection at the Operator’s registered office or electronically at https://www.kinesiologycourses.cz/obchodni-podminky/.