General business terms and personal data protection

I. Initial provisions and explanation of the purpose of these general business terms and conditions

1. These general business terms and conditions (hereinafter only “GBT”) apply to the purchase of e-books, audio recordings, and online sessions with Sona Siepakova’s healing councelling (hereinafter only “digital content“), via the web interface sonasiepakova.com run by Mgr. Soňa Siepaková, Company ID: 73297313, based in Válcovní 1430/30, CZ-70300 Ostrava, as the natural person registered in the Commercial Register Ostrava 1 (hereinafter only “Seller”).

2. The digital content is purchased based on a Purchase Contract concluded between the Seller and the Customer. The process of concluding the Purchase Contract is described in detail in Article III of these GBT. These GBT are a document which represents an inseparable part of the Purchase Contract, thoroughly indicating and explaining the rights and duties of both parties to the Purchase Contract, i.e. the Customer as well as the Seller. Any arrangements which are different in the Purchase Contract from the provisions in GBT, have preference (i.e. the text of the Purchase Contract is superior to the text of GBT). GBT also solve other issues related to the purchase of the digital content or the use of the website sonasiepakova.com.

3. These GBT contain information which you need to know before purchasing the digital content. Please read these GBT carefully and in case you have any relevant objections or questions, contact me before ordering the digital content. Contacts can be found in Article II of these GBT. Mutual communication is the best way how to eliminate any potential ambiguities between us. Because by submitting your order and sending your payment, you indicate you have seen and read these GBT and you agree with such course of business and cooperation as is described here. Moreover, you signal me you are serious with your order and, like me, you are prepared to meet the commitments of the subsequently concluded Purchase Contract (i.e. I as the Seller shall, first of all, deliver the ordered digital content to you, and you as the Customer shall pay the agreed price for it).

4. These GBT contain all the relevant information.

A woman with a basket. Illustration
Happy As Children, Illustration

General Business Terms: Content

I Initial provisions and explanation of the purpose of the General Business Terms and Conditions

II Important concepts (definitions)

III Ordering and concluding a Purchase Contract

IV Price of the digital content and payment

V Delivery terms

VI Data on digital content functionality and its compatibility with hardware and software

VII Withdrawing from the Purchase Contract

VIII Guarantee, rights related to defective performance, warranty rules

IX Dealing with complaints, solving disputes with consumers

X Final provisions

II Important concepts (definitions)

1. SELLER. The Seller is: Mgr. Soňa Siepaková, based in: Válcovní 1430/30, CZ-70300 Ostrava. Contact phone: +420775340775. Email address: sonasiepakova@gmail.com

2. CUSTOMER. Customer is the one who concludes, via the web interface sonasiepakova.com, with me as the Seller, a Purchase Contract, thus purchasing the digital content. The Customer may be an entrepreneur (a self-employed natural person, or a legal person, e.g. a limited liability company or a joint-stock company) or a consumer.

3. CONSUMER. According to the law, the consumer is a natural person who is not acting within the scope of its business or self-employment. If you are a natural person and indicate your Company ID in the order, I will assume you are concluding the Purchase Contract as an entrepreneur, not as a consumer.

4. CONSUMER CONTRACT. This is the Purchase Contract where the Customer is a consumer. According to applicable law, the consumer is protected more than the Customer who is not a consumer. Simultaneously, the Seller has more duties to a consumer than to other Customers. The Seller must provide information to the consumer set by the Civil Code as well as the Consumer Protection Act. If the Customer is a different person than a consumer, those GBT provisions shall not be applied which are exclusively related to the protection of consumers.

5. REMOTELY CONCLUDED CONTRACT. This is the Purchase Contract as long as it is concluded BY MEANS OF REMOTE COMMUNICATION, i.e. it is concluded without the necessity for the Seller and Customer to meet in person, because it is concluded via the web interface (based on the order made directly on the website sonasiepakova.com by the Customer’s completion of required data) or by means of e-mail communication, by phone, or using similar means of communication. Costs related to the use of remote communication (especially costs of internet connection and phone calls) are covered by you and they are not different from the common rates charged by your telephone or internet service provider. By ordering, you explicitly agree with the use of remote communication means.

6. APPLICABLE LAW. This means valid legal regulation regulating the relationship between the Customer and the Seller. In particular, this includes Act No. 89/2012 Coll., Czech Civil Code (hereinafter only “CCA”), and also Act No. 634/1992 Coll., on consumer protection in cases when the Customer is a consumer.

III Ordering and concluding a Purchase Contract

1. The Customer orders the digital content either 1) by an e-mail sent to sonasiepakova@gmail.com and the subsequent bank transfer in EUR or CZK to Sona Siepakova’s bank account No: IBAN: CZ4120100000002100681500, BIC/SWIFT: FIOBCZPPXXX; or 2) by clicking on the relevant orange button (hereinafter only the “button”) on the website sonasiepakova.com which takes them to the ordering system of the SimpleShop application. There, the Customer fills in the ordering form, and they can also pay their shopping there in case they choose electronic payment. Please use option 2) for other currencies than EUR and CZK.

2. DIGITAL CONTENT DESCRIPTION. The website sonasiepakova.com and also the relevant pages of app.simpleshop.cz allocated for the purchase of the digital content under this contract (hereinafter “web interface”) feature detailed descriptions of the offered digital content including the indication what it contains, who it is designed for, what it can bring to the reader, listener, client or visitor, and what format it is provided. All presentations on the web interface are informative in their nature. As the Seller I am not obliged to conclude a Purchase Contract with respect to these products. Provisions of Article 1732 Par. 2, CCA shall not apply.

3. DISCLAIMER REGARDING THE EFFECTS OF HEALING COUNSELLING. Sona Siepakova’s healing counselling is a wholesome energy support with therapeutic effects especially on the human emotional body, and through psychosomatic relations it has beneficial influence on people’s physical as well as mental health. However, in no case is this a substitute for due medical care, healthy lifestyle, or a magic pill for anything. When in doubt or worries, please consult your physician first, or another authority you trust. I provide this therapy to you to the best of my knowledge and belief, based on long-term training, experience, and skills. You book this terapy on your own responsibility.

4. ORDERING DIGITAL CONTENT. The digital content can be ordered on the web interface of app.simpleshop.cz connected by the “button” with the respective products on sonasiepakova.com where you, as the Customer, fill in all the necessary data and select a payment method. Before sending your order, you will be able to check and change the data entered in the form, or correct any mistakes and discrepancies. You can send the order by clicking on the orange button. Upon agreement, booking can be carried out via email and the subsequent bank transfer (as described above).

5. App.simpleshop.cz (or me) will inform you that your order has been received, namely by an email sent to the e-mail address indicated in the order or during your registration. Information about receiving the order is sent automatically (when booking via email, I will confirm its receipt no later than within 3 days). If the confirmation does not state the order has been received, I will send you the confirmation of receiving your order in a subsequent email. Until the moment the confirmation of receiving your order has been delivered to you, you can cancel your order by phone or email (to the address indicated in Article II, GBT). When the confirmation of receiving your order is delivered to your email address indicated in the order, the Purchase Contract is concluded. When in doubt, I may contact you to verify the validity of the order. And in case the order validity cannot be verified, I will assume the order has not been sent, and I will no longer deal with such an order.

6. The Purchase Contract is concluded in the Czech or English language, depending on the language of the relevant product form. The Contract is concluded electronically, consisting of your order, confirmation of its receipt by me, and these GBT. I archive the contract electronically; it is not accessible to the public.

Tea And Honey. Illustration
Sunflowers. Illustration

IV Price of the digital content. Payment

1. PRICE OF THE DIGITAL CONTENT. The web interface always features the currently valid price of the digital contentThe price is indicated exluding the value added tax because I am not a VAT payer. The price is valid for the whole time of its presence on the web interface. If a special offer price is indicated, it also includes specifications of its conditions and the period of its validity. With respect to the character of the digital content, there are neither any transport costs nor other costs related to its delivery. The price calculated in the order summary is thus the final price.

2. The agreed purchase price is the price indicated at the digital content at the moment of submitting your order (stated in the sent order form). In case of an obvious mistake in the presentation of the price at the web interface (this means, in particular, a typing error, a mistake by entering the prices) or a similar mistake during the process of concluding the Purchase Contract, then I am not obliged to deliver you the digital content at the obviously wrong price, even in case of an automatic order confirmation. In case you have already paid this obviously wrong price, I am entitled to withdraw from the Purchase Contract. If the purchase price is changed in the period between the submission of your order and its confirmation by us, the purchase price will be used which was applicable at the moment of order submission, unless otherwise agreed between us.

3. Unless otherwise agreed between us, I am obliged to deliver you the digital content only after the full payment of the agreed purchase price. Until the moment of the complete payment of the purchase price, the digital content remains in my property.

4. PAYMENT METHODS. The purchase price can be paid as follows: The app.simpleshop.cz is connected with the PayPal payment gate which offers online payments by card or a common bank transfer to my account (the bank transfer usually takes 1 – 2 workdays). You can also pay directly to my bank account, without using the SimpleShop orange button. You will receive your payment instructions in the email confirming your order. When paying by bank transfer, please do not forget to indicate the respective variable symbol to allow for quick pairing of the payment, and delivering the digital content as soon as possible. Any other payment methods will be listed in the web interface, or they can be agreed between us explicitly. The purchase price can be paid in CZK or EUR.

5. PURCHASE PRICE DUE DATE. In case of cashless transfer, the purchase price is due within 14 days from the order confirmation. The due date is indicated in the payment instructions, in the pro-forma invoice. The purchase price is paid at the moment the amount has been added to my bank account. I will issue a certificate of payment receipt which you will obtain immediately after your payment with online payment methods, otherwise within 3 days since the receipt of the payment. Provisions of Article 2119 Par. 1 CCA shall not apply. The digital content cannot be paid with a payment schedule.

V Delivery terms

1. WAYS OF DELIVEING THE DIGITAL CONTENT. The digital content in the form of an e-book (pdf, mobi, e-pub), audio recordings (mp3) or video (mp4) will be sent, as soon as the purchase price has been paid, to the email indicated by you as an email attachment or by sending a link to a website address where the content can be downloaded or opened. The online therapy session can be carried our as a video-call via Skype, or Messenger

2. DELIVERY PERIOD. The length of the delivery period depends on your chosen payment method. If you pay by common bank transfer, the digital content will be delivered no later than 3 workdays after adding the payment to my account. In case of online payment by card or quick online transfer, the digital content will be delivered immediately after the payment completion. 

3. TRANSPORT COSTS. Due to the character of the products and services no costs for transport are charged.

4. After you have received the digital content, please, check its functionality and availability as soon as possible, and if you discover any shortcomings or faults, contact me so that I can correct it. Details can be found in Article VIII of these GBT.

5. For its full functionality, the digital content requires you to use the hardware and software which enables you to open and work with text documents in the pdf, mobi or e-pub format, with audio files in the mp3 format, and mp4 video files (for details see Article VI of these GBT). In case of online therapy session, you need to have Skype, or Messenger installed. Quick internet connection and well-working microphone, earphones, loudspeakers, camera are also required.

VI Data on digital content functionality and its compatibility with hardware and software

1. I am going to send the digital content (ebooks, audio recordings, videos) only to you as the Customer, to your email address, as an attachment or a link to a website where the content is available. In order to work appropriately, the digital content requires you to use the hardware and software to open and work with pdf, mobi, epub documents, mp3 audio files, and mp4 video files. The content can be downloaded in your web browser in case it was sent as a link to a website. To download the digital content, you need to be connected to the Internet with sufficient speed of connection. I am not responsible for the unavailability of the content due to the inadequate function or low speed of your internet connection. The content might be temporarily unavailable for a short while due to data maintenance or server failure. The website can be updated without prior warning.

2. The digital content is protected by copyright and it may not be distributed without my explicit consent, nor can it be provided to other people for use. The digital content serves for the purposes of education, therapy and for your delight. It was created using my knowledge and experience. I am not responsible for your potential failure while applying the procedures, advice and recommendations contained in the ebooks, audio recordings, videos, or shared with you during an online therapy session.

VII Withdrawing from the Purchase Contract

1. The Czech law allows the consumer to withdraw from a contract concluded remotely, without stating any reasons, usually within a 14-day period after concluding the Purchase Contract. Inform me please about such withdrawal to my email address sonasiepakova@gmail.com or in writing to the address indicated at the beginning of these GBT. In your message, please include that you are using the right to withdraw from the Purchase Contract within the 14-day period, and attach, if possible, the certificate of purchasing the digital content, or indicate, at least, the date of your purchase, your identification data, and what sort of digital content you have purchased. Without unnecessary delay, I will confirm receiving your request and send the money back to the account number you have indicated in your email request. You do not need to explain your withdrawal.

2. After the 14-day legal period, please be informed that the purchased digital content in form of an e-book, audio-recording or a video cannot be returned, i.e. you cannot claim a refund.

3. If you cancel your booked healing counselling session later than 24 hours before the agreed day and time, you are not entitled to any refund. If you cancel early, we can arrange a substitute day and time for your session or you will receive a 50% refund. You can also give or sell your purchased online healing counselling session to anybody at the full value. 

4. As the Customer, you can withdraw from the Purchase Contract even in other cases specified by the Czech law or the Purchase Contract and these GBT, especially in case of defective performance (Article IX, GBT). As the Seller, I am entitled to withdraw from the Purchase Contract if you are late with paying the purchase price by more than 10 days after the due date, and in case of a substantial breach of your duties based on the Purchase Contract, particularly in cases of an unauthorised access to the web interface, violation of copyright, and in other cases indicated by the law.

VIII Guarantee, rights related to defective performance, warranty rules

1. The rights arising from the defective performance are subject to applicable Czech or international legal regulations, in particular the provisions of Article 1914 to 1925, Article 2099 to 2112 and Article 2165 to 2174, CCA.

2. The warranty rights are subject to the provisions of Article 2113 to 2117 and Article 2161 to 2164, CCA.

3. As the Seller, I am responsible for delivering the digital content to you without any defects. If you are a consumer, the digital content is considered to have been defective at the time of your receipt in case a defect is discovered within 6 months after your receipt. If you are a consumer, I am responsible for guaranteeing you no defects will occur during the warranty period of 24 months since your receipt of the product.

4. If a defect occurs in the digital content (ebooks, audio, video) which cannot be removed, or in case of the repeated occurrence of a defect after the respective repair and correction, or the occurrence of a larger number of defects, you are entitled to claim the exchange of the digital content for a new one, or to withdraw from the contract. Should you choose neither to withdraw from the contract nor to claim your right to be delivered a new, defect-free digital content, you can ask for an appropriate discount. The appropriate discount can be requested even in case I have not been able to deliver you the new, defect-free digital content as well as in case I have not adopted any corrective measures within a reasonable period of time, or if you were seriously inconvenienced by my corrective measures.

5. You are not entitled to claim the defective performance right if you were aware of the defects in the digital content before accepting the product, or in case you caused the defect yourself. The warranty and defective performance liability claims do not apply to defects caused by an inappropriate use of the digital content, or its improper storage.

6. If the digital content was not delivered to you within the delivery period, please, check the folders “bulk email” or spam first. If you fail to find the digital content there, claim your right according to the following paragraph.

7. You should claim your warranty right without unnecessary delay after discovering the defects. You can complain by emailing me to sonasiepakova@gmail.com or by sending me a letter to the address in Article II of these GBT. I will appreciate if you attach or enclose the invoice or another purchase certificate to your claim as well as the description of the defect you are complaining about, and a suggestion of solving this claim. I will deal with this claim without unnecessary delay, no later than within 30 days, unless we agree otherwise. I will confirm receiving and handling your complaint in writing.

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Two Hearts In The Sun. Illustration

IX Dealing with complaints, solving disputes with consumers

1. If you have any complaints to the concluded Purchase Contract, its performance or to my activities, please contact me at the address in Article II of these GBT or to my email address sonasiepakova@gmail.com. 

2. I am self-employed with a trade licence. The inspection body is the respective commercial register. The Czech Commercial Inspection supervises the observance of regulation on consumer protection. The observance of rules on personal data protection is audited by the Personal Data Protection Authority. You can send your complaints to these authorities as well.

3. In case a dispute arose between me as the Seller and the consumer, the consumer is entitled to its out-of-court settlement. Out-of-court settlements according to Act No. 634/1992 Coll., on the protection of consumers are handled by the Czech Trade Inspection Authority. All details on out-of-court settlement can be found on the website of the Czech Trade Inspection Authority www.coi.cz. The consumer can also use the platform for online dispute solving, which has been set up by the European Committee at https://ec.europa.eu/consumers/odr/.

4. I declare I am not bound by any code of behaviour (Article 1826, Par. 1, Letter e), CCA).

X Final provisions

1. The Purchase Contract is concluded for a definite period of time, namely until fulfilling the obligations of the Seller and the Customer arising from the contract.

2. The personal data protection is dealt with in a separate document.

3. Please be informed that I am entitled to change these GBT ex parte. However, the Customer is always subject to the text of the business terms and conditions valid at the moment of submitting the order.

4. These GBT are valid as of January 10, 2019.

Personal Data Protection

I take the protection of your personal data seriously and I want you to feel well while visiting my website. Protecting your privacy when processing your personal data is important to me and I take it into consideration during my business procedures.

Personal data obtained during your visit of this website is processed according to Czech Act No. 101/2000 Coll. on the Protection of Personal Data. 

Information Right

Upon request, I, Soňa Siepaková, will inform you in writing, as soon as possible, whether I have recorded any personal data about you and what kind of. In case I registered incorrect information, despite my efforts to maintain the data accurate and up-to-date, I will correct it upon request.

Should you have any questions regarding the processing of your personal data, you can email me at sonasiepakova@gmail.com. This address is available to you not only when you ask for information but also if you have any suggestions or complaints.

Data Protection Code. Obtaining and Processing of Personal Data

When you visit my website, my webserver records, in a standard way, your IP address which has been assigned to you by your internet service provider, the website through which you have visited me, the webpages you have visited at my site, as well as the day and the length of your visit. Your personal data is only recorded when you provide it to me on your own accord, e.g. when registering, completing a questionnaire, requesting special prices, or in order to conclude a contract.

A Birthday Cake, Illustration
A Leaf In The River, Illustration

Security

I, Soňa Siepaková, adopt technical, organisational and security measures to protect any data recorded with me against manipulation, loss, damage, and unauthorised access. My security measures improve in line with technological development.

Personal Data Use and Transfer

I, Soňa Siepaková, use your personal data for the technical administration of my website, customer administration, questionnaires related to products, and for marketing always only to the necessary extent.

Personal data are transferred to Czech national agencies and offices only within the extent required by binding legal regulations. My co-workers, agencies and merchants are bound to maintain confidentiality.

Possibility to Unsubscribe

I want to use your data to inform you about my products and services, or to find out your opinion on them. Your participation in such events is voluntary, of course. If you disagree you can inform me at any time and I will block your data accordingly. In case of email communication, you can unsubscribe from receiving emails at any time by clicking on the unsubscribe link at the foot of every email.

Consent with Personal Data Processing

Declaration of the Seller: I, Soňa Siepaková, commit to fully respect the confidential character of your personal and company data which is protected against unauthorised access and misuse. The data which you enter in your order of the digital content (e-books, audio recordings, therapy videos, online therapy sessions) is necessary to identify you as the Buyer. I use it to implement the whole business transaction including the relevant accounting operations, issuing invoices, identifying your cashless transfers, and to communicate with you.

Your detailed personal data as well as data on your purchases is stored in a database which is strictly secured against misuse, and no data is provided to third parties.

Consent of the registering website visitor: By completing the forms at sonasiepakova.com or in the SimpleShop forms assigned to the products by Mgr. Soňa Siepaková, the customer agrees that all of their completed personal data will be stored in the database of the selling application app.simpleshop.cz within the user’s profile of Soňa Siepaková / Válcovní 1430/30, CZ-70300 Ostrava / IČ: 73297313, as the administrator, and with its subsequent processing for marketing purposes and commercial messages by electronic means in accordance with Czech Act No. 480/2004 Coll., namely for the period until the consent has been withdrawn.

I also offer the digital content in the Czech language. For more information, go to sonasiepakova.cz.