1. INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as the "terms and conditions") of the Company RoyalPortal LLC, registered at 810 Summerset Dr., City of Hockessin 19707, Delaware, USA, identification number: EIN 87-0859916 (hereinafter referred to as the "Company") for the sale of services through an online store located at the website: www.denisajedlickova.com, regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with the service agreement and access to digital content - educational programs and online courses (hereinafter collectively referred to as the "service") in connection with or based on the service agreement or digital content (hereinafter referred to as the "contract") concluded between the Company and the Client (hereinafter referred to as the "Client") through the Company's online store. The online store is operated by the Company on a website located at the internet address denisajedlickova.com (hereinafter referred to as the "website") through the interface of the website (hereinafter referred to as the "web store interface").

The terms and conditions do not apply to cases where a person intending to purchase services or digital content from the Company is a legal entity or a person acting in the course of ordering services or goods within their business activities or in the course of their independent professional practice.

Deviating provisions from the Terms and Conditions may be agreed upon in the contract. Deviating provisions in the contract take precedence over the provisions of the Terms and Conditions.

The provisions of the Terms and Conditions are an integral part of the contract. The contract and the Terms and Conditions are written in the English language. The contract can be concluded in the English language.

The Company may modify or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the Terms and Conditions.

 

2. MEMBER SECTION

2.1. The Client may place orders for services and goods via the web store interface. When the Client places an order on the website, the Company may access their member section (hereinafter referred to as the "member section"). The Client may also place orders for services and goods directly through the member section.

2.2. When ordering services and goods, the Client is required to provide all information correctly and truthfully. The Client is obliged to update the information provided in the member section in case of any changes. The information provided by the Client in the member section and when ordering services is considered correct by the Company.

2.3. Access to the member section is secured by a username and password. The Client is required to maintain confidentiality regarding the information necessary to access their member section.

2.4. The Client is not authorized to allow third parties to use their member section.

2.5. The Client acknowledges that the member section may not be available continuously, especially considering the necessary maintenance of the hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

 

3. AGREEMENT

3.1. Based on these terms and conditions, the Company and the Client conclude a service agreement.

3.2. All presentations of services located in the web store interface are for informational purposes only, and the Company is not obligated to enter into a service agreement regarding these services. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.3. The member section and web store interface contains information about the services, including the prices of individual services. The prices remain valid as long as they are displayed in the member section and the web store interface. This provision does not limit the possibility for the Company to conclude an agreement under individually agreed conditions.

3.4. The web store interface also provides information about any costs associated with the delivery of services. Information about the costs associated with the delivery of services is stated in the web store interface.

3.5. To order services, the Client fills out an order form in the member section or the web store interface. The order form includes information about the ordered services. The Client "adds" the ordered services to the electronic shopping cart of the member section or the web store interface (hereinafter referred to as the "order").

3.6. Before sending the order to the Company, the Client is allowed to review and modify the data entered into the order, including the ability to identify and correct any errors made during data entry. The Client sends the order to the Company by clicking the "proceed order" button. The information provided in the order is considered correct by the Company. The Company shall promptly confirm the receipt of the order to the Client by electronic mail to the Client's email address specified in the member section or in the order form (hereinafter referred to as the "client's email address").

3.7. Depending on the nature of the order (quantity, purchase price, expected shipping costs), the Company is always entitled to request additional confirmation of the order from the Client (e.g., in writing or by phone).

3.8. The contractual relationship between the Company and the Client arises upon the delivery of the acceptance of the order (invoice) sent by the Company to the Client by electronic mail, to the Client's email address.

3.9. The Client agrees to use remote communication means when entering into a service agreement. The costs incurred by the Client when using remote communication means in connection with the conclusion of the service agreement (such as internet connection costs, telephone call charges) shall be borne by the Client themselves, and these costs do not differ from the standard rates.

 

4. PRICE AND PAYMENT TERMS

4.1. The Client shall pay the price for the services and any costs associated with the delivery of services under the service agreement (collectively referred to as the "price") to the Company via a non-cash payment gateway, to which the Client will be directed from the web interface or member section.

4.2. The price is due within 7 days from the conclusion of the service agreement. If payment is not made through the payment gateway or bank transfer within 7 days from the conclusion of the service agreement, the service agreement becomes invalid and ineffective.

4.3. Along with the price of the services, the Client is also obligated to pay the Company any costs associated with the delivery of services in the agreed amount. Unless expressly stated otherwise, the costs associated with the delivery of services are considered part of the price of the services.

4.4. The Client is required to pay the price along with providing the variable symbol of payment. In the case of non-cash payment, the Client's obligation to pay the price is fulfilled at the moment when the corresponding amount is credited to the Company's account.

4.5. The Company is entitled to require full payment of the price before commencing the services to the Client. The provisions of Section 2119(1) of the Civil Code shall not apply.

4.6. If customary in commercial transactions or required by generally binding legal regulations, the Company shall issue a tax document - an invoice regarding payments made based on the service agreement to the Client. The Company is not a value-added tax payer. The Company shall issue the tax document - invoice to the Client after the price has been paid and send it in electronic form to the Client's electronic address.

 

5. PERFORMANCE OF THE SERVICE AGREEMENT

5.1. The Client agrees to receive services within the scope ordered by the Client. The contracting parties agree that the Client is interested in the services only to the extent of the course, program or event chosen in the order.

5.2. The specification of the services and the method of their provision is included in the offer presented on the Company's website. The Company undertakes to provide the services in the manner and scope presented on the website. The Company reserves the right to modify the method and/or scope of service provision during the contractual relationship.

5.3. When purchasing digital content, the service will be delivered by accessing it through the member section. If it is digital content in the form of an online course, access will be granted starting from the launch date. If it is efficient in terms of content continuity, individual parts of the digital content will be made accessible to Clients gradually according to the schedule provided on the Company's website.

5.4. The digital content is unique know-how of the Company and is their intellectual property within the meaning of Act No. 121/2000 Coll., on Copyright. The Client is obligated to maintain confidentiality and, by entering into the service agreement, undertakes not to provide or make the content obtained in connection with the performance of the service agreement accessible to a third party. The obligation under this article persists even after the termination of the validity of the service agreement.

5.5. The use of digital content services is conditioned by the availability of a web browser supporting modern HTML5 technologies. The services will likely function on older systems as well, but the Company does not guarantee against potential deficiencies resulting from incompatibility.

5.6. The Company reserves the right to remove digital content from the platform used to provide the services. In the case of services for which the Company has committed to providing them indefinitely, Clients will be notified of the removal of the digital content and will be given the opportunity to download and retain it for their own purposes. The Client has a 30-day period, starting from the provision of this information, to download the digital content before it is deleted from the Company’s cloud storage.

 

6. DURATION AND EARLY TERMINATION OF THE AGREEMENT 

6.1. The agreement is concluded for a fixed period, as indicated for the ordered service, or for an indefinite period. 

6.2. The Company reserves the right to terminate the provision of services and not fulfill obligations arising from the agreement if the Client fails to comply with the obligations stated in these terms and conditions. The Company will terminate the provision of services immediately after the delivery of the agreement termination notice as per this paragraph. 

6.3. The Client acknowledges that, in accordance with the provisions of Section 1837 of the Civil Code, they are not entitled to withdraw from the agreement once the service has been provided or its provision has commenced. The Client is not eligible for a refund of the service price.

6.4. If the provision of services includes a program or event date or the start date of an online course before the expiration of the statutory withdrawal period, the Client agrees that by entering into the agreement, the services will be provided by the Company before the expiration of the statutory withdrawal period. The Client is aware that by doing so, they forfeit the right to withdraw from the agreement and receive a refund of the service price. If the Client does not agree to the provision of services before the expiration of the statutory withdrawal period, they should contact the Company to negotiate individual conditions at support@denisajedlickova.com before placing their order, as the Company cannot make any changes and modifications afterward.

 

7. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The Company is not bound by any codes of conduct towards the Client within the meaning of Section 1826(1)(e) of the Civil Code.

7.2. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended). The Client is entitled to claim defects that manifest in the received performance during the duration of the service agreement.

7.3. The handling of consumer complaints is ensured by the Company via the email address support@denisajedlickova.com. The Company will send information about the complaint resolution to the Client's email address.

7.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the service agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Company and the Client arising from the service agreement.

7.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

7.6. The Client hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

7.7. In the event that the Client discloses, provides access to, or communicates digital content to a third party in violation of Article 2 of these terms and conditions, the Client undertakes to pay the Company a contractual penalty in the amount of USD 100,000.00 for each individual breach of the service agreement.

7.8. The Company declares that it does not provide any form or type of legal advice, financial advice, tax advice, etc., and that it is not a financial advisor or financial intermediary.

7.9. The Company declares that, in terms of service provision, it is not in any contractual or non-contractual relationship with Meta, the company whose products include Facebook.

 

8. PERSONAL DATA PROTECTION

8.1. The Company fulfills its obligation to provide information to the recipient in accordance with Article 13 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 "GDPR") related to the processing of the Client's personal data for the purposes of contract performance, contract negotiations, and fulfillment of the Company's public law obligations through a separate document.

 

9. SENDING COMMERCIAL COMMUNICATIONS AND COOKIE USAGE

9.1. The Client agrees, in accordance with Section 7(2) of Act No. 480/2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended, to receive commercial communications from the Company to the Client's electronic address or telephone number. The Company fulfills its obligation to provide information to the Client regarding the processing of the Client's personal data for the purpose of sending commercial communications in accordance with Article 13 of the GDPR through a separate document.

9.2. The Client has the option to subscribe to commercial communications by 

providing their contact details (particularly email address) in the web interface and confirming the provided contact information by confirming the link sent to the provided email address. The Client is entitled to revoke their consent to receive commercial communications by clicking the link provided in each commercial email communication “unsubscribe” or by sending a revocation of consent to support@denisajedlickova.com email address.

9.3. The Client agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the Company's obligations under the service agreement without storing so-called cookies on the Client's computer, the Client may revoke their consent to the storage of cookies at any time.

 

10. DELIVERY

10.1. Delivery to the Client may be made to their electronic address.

 

11. FINAL PROVISIONS

11.1. If a relationship established by the contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the previous sentence, the Client, who is a consumer, is not deprived of the protection provided to them by the provisions of the legal order from which no contractual deviation is possible and which would otherwise apply in the absence of a choice of law, pursuant to Article 6(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).

11.2. If any provision of these terms and conditions is invalid or ineffective, or becomes invalid or ineffective, the provision that most closely approximates the meaning of the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.3. The service agreement, including the terms and conditions, is archived by the Company in electronic form and is not accessible.

11.4. The withdrawal form is attached as an Attachment No.1 to the terms and conditions.

11.5. Contact details of the Company: support@denisajedlickova.com

 

Last updated: June 14th, 2023
RoyalPortal LLC

 

Attachment No. 1
Withdrawal Form

The Company:
RoyalPortal LLC
810 Summerset Dr., City of Hockessin 19707, Delaware, USA EIN 87-0859916
www.denisajedlickova.com
Email: support@denisajedlickova.com

The Client:
Name and surname/company: Address:
Email:
Phone:
Order number:
Date of placing the order:
Date of receipt of services or goods: Account number for refund:

Date:

 

________________________
Signature