General Terms and Conditions
for ordering and purchasing group courses, individual and group counselling, and shamanic healing.
1. Introductory provisions, and an explanation of the purpose of the General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter abbreviated as “GTC”) apply for ordering and purchasing group courses, individual and group counselling, and shamanic healing (hereinafter collectively referred to as “Services”) via the web interface www.samanskykruh.cz
1.2 Ordering and purchasing of Services takes place on the basis of a Service Provision Contract (hereinafter “Contract”) concluded between the Supplier and and Customer. The contract conclusion process is described in detail in Article 3 of the GTC. These GTC are a document which is an integral part of the Contract.
1.3 The GTC contain information which you need to have at your disposal before ordering a service. Please read the GTC carefully, and if you have any comments or queries, contact me before ordering the service. You can find the contact details in Article 2 of the GTC. By ordering a service from me by e-mail, telephone, or via the order form by clicking on the “Order” button, you indicate to me that you have seen and read the GTC, and that you agree to the course of business and collaboration I describe therein.
1.4 In the GTC, you have access to all important information. For faster orientation, the content follows:
Content of GTC:
- Introductory provisions, and an explanation of the purpose of the General Terms and Conditions
- Important terms (definitions)
- Ordering and concluding a Service Provision Contract
- Product prices and payment
- Delivery terms
- Withdrawal from the Service Provision Contract
- Complaint settlement, consumer dispute resolution
- Other rights and obligations of the Parties
- Final provisions
2. Important terms (definitions)
2.1 SUPPLIER
Supplier: Petr Němčanský
Identification Number: 64487768
Place of business: Sídliště Za Stadionem 1157/9, Kyjov 69701, Czech Republic
entered in the Trade Register
Contact telephone number: +420 774 580 865
E-mail address: petr@samanskykruh.cz
The contact details for online communication will be set forth in the order confirmation e-mail.
2.2 CUSTOMER. The Customer is a party who, using the web interface www.samanskykruh.cz, concludes a Service Provision Contract with me as the Supplier, and thereby orders any of the services. The Customer can be a natural person, an entrepreneur (natural person engaged in business – self-employed person, or a legal entity, for example a limited or joint-stock company) or a consumer.
2.3. The Customer is aware that they are obliged to state their personal data correctly and truthfully, and that they must inform the Supplier of any change in their personal data without undue delay.
2.6 REMOTELY CONCLUDED CONTRACT. A Service Provision Contract that is concluded using REMOTE MEANS OF COMMUNICATION, i.e. concluded without the Supplier and the Customer having to meet in person, because they conclude it via the web interface, using e-mail or telephone communication, or using similar means of communication. The costs connected with using remote means of communication (especially the costs of an internet connection and telephone calls) are paid by you, and do not differ from the regular rate billed by your operator or internet connection provider. By placing an order, you explicitly agree to the use of remote means of communication.
3. Ordering and concluding a Service Provision Contract
3.1 The Customer orders Services via the web interface on the website www.samanskykruh.cz by sending a completed order form by clicking the “Order” button, via e-mail or telephone, using the contact details set forth in section 2.1. of these GTC.
3.2 DESCRIPTION OF SERVICES. On the web interface, there is a detailed description of the Services on offer, including what they contain, whom they are intended for, what they can bring the Customer, the format they are provided in, and whether any additional conditions, for example an internet connection, are necessary for their effective use and completion. All presentations on the web interface are of an informative nature.
3.3 ORDERING SERVICES. For ordering Services via the web interface, use the order form in which you, as the Customer, enter your name, surname, address, e-mail address and telephone number, while entrepreneurs enter the company Identification Number and Tax Identification Number, you select a service, and you check the field “I Agree with the General Terms and Conditions”.
I will send an order confirmation and proposed dates, to the e-mail address you entered, within 24 hours. Until you receive the order confirmation, you can cancel the order by telephone or e-mail (using the e-mail address set forth in Article 2 of the GTC). The Service Provision Contract is concluded upon the delivery of the order confirmation to the e-mail address you entered in the order.
In the event of doubt, I may contact you in order to verify the authenticity of the order and to request contact details. If the authenticity of the order cannot be verified, then the order is considered to never have been submitted and I stop dealing with such an order.
3.4 The Purchase Contract is concluded in Czech or English language. The Contract is concluded in electronic form, and consists of your order, its acceptance by me and these GTC. I archive the Contract in electronic form, and it is not accessible.
4. Price of Services and payment
4.1 PRICE OF SERVICES. The web interface always states the currently applicable price of individual Services. The price is valid for the entire period for which it is stated on the web interface. If a promotional price is shown, then the conditions under which it is valid and the period for which it is valid are also shown. Given the nature of the Services, there are no transport costs or additional expenses connected with their delivery. The price listed beside every service on the web interface is therefore the final price.
4.2 The agreed purchase price is the price listed beside the service when your order is submitted. If an evident error occurs when stating the price on the web interface (mainly meaning a typo or an error when entering the price), or a similar error occurs during the conclusion of the Service Provision Contract, then I am not obliged to supply the service to you for such an evidently erroneous price, even if the order was automatically confirmed. If you have already paid this evidently erroneous price, then I am entitled to withdraw from the Service Provision Contract. If the purchase price changes between the submission of your order and its confirmation by me, then the purchase price valid at the time of the submission of the order applies, unless we explicitly agree otherwise.
4.3 Unless explicitly agreed otherwise between us or in these Conditions, I am obliged to supply the service to you only after the full payment of the agreed purchase price. In the case of individual counselling or shamanic healing, the purchase price is payable on the basis of the issuance of an invoice or receipt upon the delivery of the ordered Services.
4.4 PAYMENT METHOD. The purchase price can be paid in the following ways:
– by cashless bank transfer to my account: you’ll receive the payment instructions in the order confirmation e-mail. When making a payment, please remember to include the appropriate variable symbol.
Other payment methods may be stated in the order confirmation e-mail. The purchase price is paid in Czech crowns or in Euro.
4.5 THE PURCHASE PRICE IS PAYABLE AS FOLLOWS: In the case of a cashless transfer, the purchase price is payable within 7 days from the order confirmation. In the case of individual counselling or shamanic healing, the purchase price is payable on the basis of the issuance of an invoice. The due payment date is set forth in the payment instructions on the invoice or receipt. The purchase price is paid upon the crediting of the relevant amount to my bank account.
I will issue you with a receipt within 3 working days from receiving the payment.
4.6 INTEREST ON DELAYED PAYMENT. In the event of a delay on the Customer’s part with the payment of monetary receivables, the Supplier is entitled to interest on delayed payment of 0.05% of the amount owed for every day of the delay.
4.7. RESERVATION FEE. If A reservation fee is set forth as a condition for reserving a place for the service, then it is fully non-refundable.
5. Delivery terms
5.1 DELIVERY METHOD. The service delivery method is determined by the nature of its service, and always in an extent that is reasonable and pre-agreed between the Customer and the Supplier via telephone, e-mail or personal communication before the service is delivered. The service can be delivered personally, or via the web or telephone interface. Before the service is delivered, the Supplier and the Customer will always agree on the service delivery details, as well as on conditions relating to technical, software and other equipment; the Supplier will always inform the Customer about compliance with other conditions. If the Customer does not agree with the service delivery method offered by the Supplier, then the Customer can withdraw from the Contract before the service is delivered, without the need to pay the price of the service. The service is not then delivered to the Customer, and the Service Provision Contract is cancelled.
5.2 DELIVERY DATE. The delivery date is governed by the date agreed before the delivery of the service between the Customer and the Supplier.
5.3 If the Supplier and the Customer agree on the repeated or regular delivery of the service, then either of these Parties can change the date of the following service delivery, but only at least 48 hours before the agreed service delivery date. The Parties to the Contract will agree on the new service delivery date by telephone or e-mail, or in person.
5.4 PAYMENT IN THE EVENT OF ABSENCE If the Customer prevents the Supplier from delivering the service on the agreed date by not being present at the agreed time and location in the case of a personal service delivery, or by not being connected via the web or telephone interface in the case of an online or telephone service delivery using the Supplier’s contact details set forth in Article 2.1., then the Customer is obliged to pay the Supplier 100% of the purchase price, as if the service had been delivered.
6. Withdrawal from the Contract
6.1 The Customer can withdraw from the Contract if the Supplier cannot offer then the service delivery date agreed between the Customer and the Provider.
6.2 The Customer can also withdraw from the Contract, without stating a reason, at least 24 HOURS BEFORE THE SERVICE PERFORMANCE DATE. In such a case, they must inform the Supplier using the e-mail address petr@samanskykruh.cz. In the information, they must state that they are withdrawing from the Contract more than 24 hours before the agreed service delivery date.
If the Customer withdraws from the Contract less than 24 hours before the agreed service delivery date, then the Customer is obliged to pay the Supplier the purchase price in full or, in the case of individual counselling or shamanic healing, the price of the first hour of the service.
6.3. The Supplier can withdraw from the Contract at any time, including partially, particularly if a course or other event is not taking place, via a withdrawal sent to the Customer’s e-mail address. In the event of a withdrawal from the Service Provision Contract as per the previous sentence, the Supplier will refund the paid remuneration, or a proportional part thereof, to the Customer.
6.4. The Supplier can also withdraw from the Service Provision Contract at any time if the Customer breaches their obligation arising from the Service Provision Contract, or if they breach generally binding legal regulations. In such a case, the Customer is not entitled to have the paid remuneration refunded to them.
6.5. If the Customer is a consumer, the provisions of Article 6.6. to Article 6.9. of the GTC also apply.
6.6 The Customer exercises their rights arising from the Supplier’s liability for defective fulfilment with the Supplier in writing, by e-mail, using the contact address petr@samanskykruh.cz.
6.7 The Supplier settles consumer complaints extrajudicially using the e-mail address petr@samanskykruh.cz. Information regarding the settlement of the Customer’s complaint is sent by the Supplier to the Customer’s e-mail address.
6.8 A Customer who is a consumer must be aware that they cannot withdraw from a Service Provision Contract that was fulfilled with their prior explicit consent before the expiry of the deadline for withdrawing from the Contract.
6.9 With the exception of the case set forth in Article 6.8. of the GTC, or another case where withdrawal from the Contract is not possible, a Customer who is a consumer is entitled to withdraw from the Service Provision Contract as per the provision of § 1829 paragraph 1 of the Civil Code, within a period of fourteen days from its conclusion. The Customer withdraws from the Contract in writing, using the e-mail address petr@samanskykruh.cz. If the Customer withdraws from the Contract in accordance with this provision, then the Customer is obliged to pay the Supplier a proportional part of the agreed price for the fulfilment provided by the Supplier until the withdrawal from the Contract.
7. Complaint settlement, consumer dispute resolution
7.1 If you have any complaint in relation to the concluded Service Provision Contract, its fulfilment or my activity, please contact me at the address set forth in Article 2 of the GTC or at the e-mail address petr@samanskykruh.cz
7.2 I carry on business on the basis of a trade licence, with the control organ being the relevant Trade Authority, and supervision of compliance with consumer protection regulations performed by the Czech Trade Inspection Authority. Compliance with personal data protection regulations is supervised by the Office for Personal Data Protection. You can also contact these authorities with your complaints.
8. Other rights and obligations of the Parties
8.1 For all materials provided at courses and events, as well as the information on the website www.samanskykruh.cz, the copyright belongs exclusively to the Supplier. These materials may not be reproduced or shared with anyone without the Supplier’s prior written consent. This provision applies even after the termination of the Service Provision Contract.
9. Final provisions
9.1 The Service Provision Contract is concluded for a definite period, being until the fulfilment of the Supplier’s and Customer’s obligations arising from the Contract.
9.2. In accordance with the law, I can also send you, as my Customer, e-mail news that you may be interested in, relating to other courses and events. If you do not wish to receive such news, please unsubscribe by sending the message “do not send” to petr@samanskykruh.cz
9.3 Personal data protection is addressed in a separate document which you will find on the web interface.
9.4 Please note that I am entitled to unilaterally amend these GTC; however, for the Customer, the text of the Terms and Conditions effective at the time of the submission of the order always applies.
9.5 These GTC are effective from 01/08/2021.