Terms and Conditions

Terms and Conditions

CYMEDICA CZ, a.s.
Company ID: 27419941
VAT ID: CZ27419941

File no. B 10492 registered at the Municipal Court in Prague

Terms and Conditions for the Sale of Services via the Internet – Educational Products, Webinars, and Consultations (hereinafter referred to as “services”)

Contents

  1. General Provisions
  2. Order and Conclusion of the Service Agreement
  3. Service Price and Payment Method
  4. Delivery Terms
  5. Security and Copyright Protection
  6. Withdrawal from the Contract
  7. Defective Performance Rights, Complaints
  8. Disclaimer of Liability
  9. Personal Data Protection
  10. Special Provisions for Selected Services
  11. Final Provisions

1. General Provisions

1.1. These General Terms and Conditions (hereinafter referred to as “Terms”) apply to the provision (sale) of services by the provider – seller (hereinafter referred to as “seller”), which is the company CYMEDICA CZ a.s., Company ID: 27419941, VAT ID: CZ27419941, with its registered office at Pod Nádražím 308/24, 268 01 Hořovice, file no. B 10492 maintained at the Municipal Court in Prague, tel. no. +420 311 706 211, e-mail info@cymedica.cz, operating address, and services purchased by the buyer via remote communication means through the seller's website interface (hereinafter referred to as “participant”).

1.2. The Terms further define and specify the rights and obligations of the seller and the participant.

1.3. The provisions of the Terms are an integral part of the contract for the provision of services (hereinafter referred to as “contract”).

1.4. If the contractual party is a consumer, i.e., a natural person who concludes the contract outside the scope of their business activity or outside the scope of independent performance of their profession and places an order, relationships not governed by these Terms are also subject to the Civil Code (Act No. 89/2012 Coll., Civil Code, as amended) and the Consumer Protection Act (Act No. 634/1992 Coll., on Consumer Protection, as amended).

1.5. These Terms are published on the seller's website and apply to the sale of services by the seller through the website https://cymedica.com/seminare/ (hereinafter referred to as “web interface”).

2. Order and Conclusion of the Service Agreement

2.1. The name of the service, description of its main features, and service price, including information on whether the price includes VAT or is listed without VAT, are shown on the seller’s web interface. If the price is listed without VAT, the corresponding VAT-inclusive price is also shown. The price is also stated on the order form or in the confirmation email. The offer remains valid as long as it is displayed on the web interface. Some services may be provided free of charge, as indicated on the web interface prior to ordering.

2.2. The registration/sales form for a seminar/recording, etc., always includes information about the participant, the ordered service, the price including applicable taxes and fees, the method of payment, and information about delivery-related costs. For online services, no delivery costs are charged. The participant bears the cost of using remote communication means in connection with concluding the contract (internet access costs, phone call costs), which do not differ from the standard rate.

2.3. The contractual relationship between the seller and the participant arises upon submission of the order (not only upon its confirmation). The participant places the service order by clicking the “Order with obligation to pay” button, or, if the service is free of charge, the “Order” button. From that moment, mutual rights and obligations arise between the participant and the seller, as defined by the contract and these Terms. By submitting the order, the participant confirms that they have read and agree to these Terms. A valid electronic order requires all required fields and information in the registration/sales form to be completed. The seller excludes acceptance of offers with additions or deviations.

2.4. The steps involved in concluding the contract are apparent from the ordering process, and the participant has the opportunity to review and correct the order before submitting it. The seller considers the information provided in the order to be correct.

2.5. The participant agrees to the use of remote communication means when concluding the contract.

2.6. The contract is concluded in the Czech language. The contract, including the relevant tax document, will be stored in the seller’s electronic archive for 5 years from the date of conclusion for the purpose of proper fulfillment and will not be accessible to third parties.

2.7. The seller is obliged to provide or deliver the service ordered by the participant, and the participant agrees to receive and pay for the service (if the service is not free). The seller is relieved of the obligation to deliver the service in case the maximum number of participants is reached; the participant will be informed of this on the website https://cymedica.com/seminare/.

2.8. The participant’s right to receive the service arises upon payment of the service price.

2.9. The participant acknowledges that the proper use of online services requires certain technical conditions and up-to-date software. Using unsupported or outdated software (e.g., Skype, Zoom, web browsers, etc.) may limit the functionality of the service.

3. Service Price and Payment Method

Service Price

3.1. The service price, including information on whether the price includes or excludes VAT, is listed on the web interface. If the price is listed without VAT, the corresponding VAT-inclusive price is also shown. The price is always indicated in the registration/sales form as well.

3.2. The seller will issue a tax document – invoice – to the participant for payments made under the contract, which serves as proof of purchase. For amounts below the statutory limit, a payment receipt provided by the payment gateway through which the payment is made may be used instead.

Currency

3.3. The seller accepts payments in CZK and, in some cases, EUR. If multiple currencies are available, the participant selects the currency during checkout in the sales form. After changing the country selection in the form, the service price in the selected currency will be displayed directly in the form.

Payment Method

3.4. The participant pays the service price and any potential delivery costs cashlessly, using one of the methods specified in the registration/sales form.

3.5. For cashless payments, the payment methods are connected to the payment gateway of pays.cz s.r.o., Company ID: 036 86 515, based at Štefánikova 836/1, Veveří, 602 00 Brno (hereinafter “pays.cz”), which provides secure technology for card payments and online bank transfers. Payment card numbers and e-banking passwords are entered through a secure and trusted channel provided by pays.cz. The payment is one-time.

You can use the following payment options:

  • Online payment by VISA, MasterCard, PayPal
  • Bank transfer based on invoice
  • Points from the CYMEDICA Plus Program, of which the participant is a member

3.6. The participant is required to pay the service price while correctly specifying the name of the service; otherwise, the seller will not be able to identify the payment and provide the service in time.

3.7. The service price is due immediately if paid through the payment gateway and no later than 10 days after the contract is concluded (invoice date), unless stated otherwise, but in any case no later than before the service is provided. The participant's obligation to pay is fulfilled once the amount is credited to the seller's account.

3.8. In the event of the participant's delay in paying any amount (service price) owed, the participant agrees to pay the seller late interest of 0.1% of the outstanding amount for each day of delay, up to a maximum of the total service price.

4. Delivery Terms

4.1. For online services, delivery means the seller sending the access credentials to the participant’s email address specified in the sales form, or by sending a URL link.

4.2. The seller will provide activation and access credentials to the participant only after full payment of the service price, no later than within three days, unless stated otherwise.

5. Security and Copyright Protection

5.1. Access credentials for online services are intended solely for the participant’s personal use. The access credentials will be sent to the participant’s email no later than 72 hours after payment for the ordered service. The participant is obligated to maintain confidentiality regarding the login details necessary to access their user account for online services. The seller bears no responsibility for unauthorized use by third parties.

5.2. The services sold by the seller through the web interface (e.g., online education programs, webinars, seminars, etc.), including their content, are legally protected by copyright. Any distribution or sharing with third parties without the author's consent is strictly prohibited! The right to use copyrighted works may be granted to the participant only based on a license agreement. The participant is liable to the seller for any damage caused by violating copyright protection laws.

5.3. The participant agrees not to download videos from the online service (e.g., online course) to a hard drive or any other offline or online medium intended for storing digital data. Likewise, the participant agrees not to make any audio or video recordings of the video content from the online service. Any such activities are contrary to the seller's wishes and these terms and conditions.

5.4. The participant agrees not to share with third parties the internet address where the online service videos (e.g., online course) are located.

5.5. The participant agrees to protect their login credentials (username and password) used to authorize access to the online service. The participant must not allow third parties to log in using their credentials. If the participant enables such access, they bear full responsibility for any resulting damage as if they had misused the service themselves.

5.6. The participant agrees to refrain from any actions that could damage the seller’s reputation, especially the publication of false information or biased reviews of their services. The participant also agrees to avoid any acts of unfair competition, including discouraging others from purchasing services. If this obligation is violated, the participant will pay a contractual penalty of CZK 20,000; this does not apply if the participant is a consumer (see Article 1, paragraph 1.4 of these terms and conditions).

5.7. In the event of proven breach of this Article 5 (except paragraph 5.6 above), the participant shall pay the seller a contractual penalty of CZK 50,000; this does not apply if the participant is a consumer (see Article 1, paragraph 1.4 of these terms and conditions).

6. Withdrawal from the Contract

6.1. Withdrawal from the contract by the consumer:

6.1.a If the participant is a consumer, in accordance with Section 1829(1) of the Civil Code, they have the right to withdraw from the contract within fourteen days from its conclusion, without giving any reason and without any penalty. This right is not intended as a means of resolving service complaints. If the seller has started providing the service for a fee with the participant’s prior express consent before the withdrawal period expires, the right to withdraw from the contract expires upon full provision of the service. If the service has been fully provided, withdrawal is no longer possible (§1837(a) of the Civil Code).

6.1.b If the participant decides to withdraw from the contract within the period specified in paragraph 6.1.a above, they must meet the following conditions:

  • The expression of intent to withdraw must be sent to the seller no later than the 14th day after the contract was concluded.
  • Withdrawal form available for download HERE.
  • The participant must send the completed withdrawal form by email to [email protected], including the exact name of the service (e.g., seminar/recording), the contract date, and their full name.
  • Under Section 1837 of the Civil Code, withdrawal is not possible for the delivery of digital content not provided on a physical medium or for contracts on service provision under the conditions stated above in paragraph 6.1.a.
  • The price for the service will be refunded in the same manner it was received, within 14 days of the withdrawal.
  • Upon withdrawal, the seller is entitled to immediately deactivate and block the participant's access to the service.

6.2. Withdrawal from the contract by the seller

The seller may withdraw from the contract without undue delay if it determines that the participant has committed a material breach of the contract. For the purposes of the contract, the following shall be deemed material breaches:

  • The participant is in arrears with payment of the service price or an installment for more than 10 days past the due date;
  • The participant violates the copyright protection obligations (Article 5 of these terms and conditions).

6.3. The provisions of Article 10 of these terms and conditions remain unaffected by this Article 6.

7. Rights and Obligations Arising from Defective Performance, Complaints

7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, i.e., rights arising from defective performance, are governed by the relevant generally binding legal regulations (in particular, the provisions of §§1914 to 1925, §§2615 to 26190 of the Civil Code).

7.2. The seller is liable to the participant that the service is free from defects.

7.3. The participant shall report a defective service to the seller without undue delay, but no later than two years from the provision of the service.

7.4. To make a complaint, the participant contacts the seller via email at [email protected]. The complaint must include a copy of the payment receipt for the service and a description of the defect. The seller will inform the participant via email about how the complaint will be handled.

7.5. The participant may request the defect be remedied free of charge if the nature of the service allows it, a reasonable discount on the service price, or—if not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay)—may request the delivery of a new service without defects if the nature of the service allows it. If the defect cannot be remedied, the participant may, upon withdrawal from the contract, request a full refund of the service price.

7.6. Complaints will be resolved without undue delay, no later than 30 days from the date of the complaint, unless a longer period is agreed between the seller and the participant.

7.7. The seller is not obliged to honor the participant’s claim if it can prove that the participant was aware of the defect before the service was provided or caused it themselves. The seller is also not liable for service defects caused by the participant's slow or non-functional internet connection, outdated web browser, or missing required software for the service to function, which the seller cannot influence. The services only contain instructions and recommendations; therefore, the seller is also not liable for the success or failure of the participant in applying these instructions and recommendations in practice.

8. Disclaimer of Liability

8.1. All services offered by the seller are intended for educational and informational purposes in the field of veterinary care. The seller is in no way responsible for the success or failure of the participant in applying them in practice. Throughout the duration of the service, the participant is fully competent and fully responsible for their actions, behavior, and decisions. The participant's success depends on many other factors that the seller cannot influence, such as the participant’s skills, capabilities, knowledge, dedication, business experience, health condition, decisions made, market situation, etc.

8.2. The seller informs the participant that the information contained in the services provided by the seller cannot replace pedagogical education. The services may contain information about third-party products and services, which are also only recommendations and reflect the seller’s opinion on the given topic.

8.3. Access to the online service lasts for the duration of the web interface’s existence.

8.4. The seller accepts no responsibility or liability for the accuracy, completeness, legality, availability, or reliability of the information and tools provided on its website and is not liable for any loss or damage of any kind (direct, indirect, consequential, or otherwise), whether related to contract, tort, or otherwise, that may arise as a result of the participant’s use (or inability to use) of the seller’s web interface or the use (or non-use) of the information or tools provided on the seller’s website, including information originating from third parties.

9. Personal Data Protection

9.1. The protection of personal data is governed by the Privacy Policy published on the web interface.

10. Special Provisions for Selected Services

10.1. Live Services – Seminars, Webinars, Online Consultations, Online Advisory

  • The participant registers for the service through the web interface of the selected service by submitting a registration/sales form, no later than 1 day before the start of the service, unless the participant capacity has already been reached. Later registrations may be accepted upon prior phone or email agreement.
  • Online registrations are confirmed by the seller via email sent to the address provided by the participant in the sales form. Subsequently, an invoice with a due date for payment of the service fee is sent to the participant, no later than 3 business days after registration/purchase.
  • Participants will be enrolled in the service based on the order of paid registrations. The participant will be notified in case they are not enrolled due to full capacity.
  • The service price, including information on whether it is VAT-inclusive or VAT-exclusive, is listed on the seller's web interface. If the price is listed without VAT, the price with the applicable VAT rate is also provided. The price is always included in the registration/sales form.
  • The service price is determined based on its duration, the instructor, provided materials, related costs, etc.
  • The participant agrees to pay the service fee according to the due date on the received invoice, but no later than 1 day before the start of the service, by bank transfer to the seller’s account, or via the pays.cz payment gateway. After the purchase price is paid, the seller will send the participant a tax document, or the participant may download the payment confirmation directly from the payment gateway's web interface – this applies to payments under the legal limit.
  • The seller reserves the right, after prior consultation, to allow the participant to pay in cash on the day of the service. In the case of cash payment, the participant will receive only a receipt on-site, and the tax document will be sent later – no later than 3 business days after the service.
  • The seller reserves the right to change the service start date, lecture hall, or cancel the service for organizational and operational reasons. In case of date change or service cancellation, the participant has the right to a 100% refund of the service fee or to attend a rescheduled session or choose another service from the seller of equal value.
  • The seller is not responsible for deficiencies in services provided by any third party it uses in delivering its own services. Furthermore, the seller is not liable for any injuries, damages, or losses incurred by participants.
  • During the service, photos, video, and audio recordings will be taken for marketing purposes, which may subsequently be published on the web, in print, and in the media. Upon attendance on the service day, the participant will be able to express their written consent or objection.
  • The seller emphasizes that participation in the service is voluntary, and each participant is responsible for themselves. The instructor’s instructions are merely suggestions that the participant follows at their own discretion. Participation in the service is intended for healthy, independent individuals interested in personal growth and who do not suffer from any mental or psychological disorder.
  • Selected services – educational programs are legally protected under copyright law; participation in the service does not entitle the participant to teach or otherwise commercially exploit or claim the acquired knowledge as their own.

Cancellation Policy

  • The participant sends a request for cancellation/withdrawal via email to the seller at [email protected]. When canceling the order, the participant must include their name, email address, and the exact name of the service.
  • If the participant withdraws more than 7 days before the service date, they are entitled to a 100% refund of the paid service price. Instead of a refund, the participant may transfer the already paid amount towards the purchase of another service from the seller's offer of equal value.
  • If the participant withdraws less than 7 days (inclusive) before the service date, a cancellation fee of 70% of the service price will be charged. However, the participant may transfer the already paid price to another product or service from the seller’s offer of equal value, attend a replacement session if the seminar is repeated, or send a substitute participant.
  • If the participant withdraws/cancels less than 2 days before the service date, a cancellation fee of 100% of the service price will be charged.
  • The refund will be sent to the same account from which the payment was made after the participant sends confirmation of receipt of the corrective tax document to the seller’s email address at [email protected].
  • The participant may send a substitute of their choice. This must be notified to the seller by email at [email protected] no later than 1 day before the service date. In this case, no cancellation fee is charged, and the full payment is transferred to the new participant.
  • If the participant does not attend the event for any reason, the service fee is non-refundable.

12. Final Provisions

12.1. These terms and conditions are displayed on the seller’s web interface specified in Article 1, paragraph 1.5 of these terms and conditions.

12.2. Complaints and comments from the participant concerning the contractual relationship between the seller and the participant will be handled by the seller. Complaints can be submitted to [email protected]. If the content of the complaint qualifies as a claim, it will be handled as a complaint. The participant may also contact supervisory and regulatory authorities, such as the Czech Trade Inspection Authority or the Office for Personal Data Protection.

12.3. If a consumer dispute arises between the seller and the participant, the participant, as a consumer, has the right to resolve it out of court. The entity for out-of-court resolution under § 20e of Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority. Full details on out-of-court resolution are available on the Czech Trade Inspection Authority’s websites www.coi.cz and www.coi.cz/informace-o-adr. Initiating out-of-court resolution does not affect the right of the parties to seek protection of their rights and legitimate interests through the courts.

12.4. All legal disputes arising in connection with the contract, in which the participant does not exercise their right under paragraph 12.3 above, will be resolved in civil court proceedings by the general courts of the Czech Republic.

12.5. If a relationship related to the use of the website or a legal relationship established by the contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the participant’s rights arising from generally binding legal regulations.

12.6. The seller reserves the right to specify additional rights and obligations of the contracting parties for selected services beyond these terms and conditions. These rules will always be listed on the relevant service’s website and shall take precedence over the provisions of these terms and conditions.

12.7. The contract, including these terms and conditions, is archived in electronic form and is not publicly accessible.

12.8. The seller is not bound by any codes of conduct (§ 1826 paragraph 1 letter e) of the Civil Code).

12.9. If any individual provision of these terms and conditions becomes invalid, the remaining provisions shall remain in force. Any resulting gap shall be replaced by a provision that best reflects the purpose and meaning of these terms and conditions.

12.10. Information for the participant: in the event of changes to these terms and conditions, the version valid at the time of contract conclusion applies.

12.11. The participant understands that all information provided within the seller’s services is intended solely for professional purposes, to raise awareness and understanding of the given topic, and serves as general recommendations without knowledge of the participant’s specific situation. The seller is not responsible for how the participant applies the advice in practice and therefore does not assume liability for specific decisions made by participants or their potential consequences. The use and application of the provided information in practice is the responsibility of each participant, who bears full responsibility for their own decisions. Therefore, the provision of § 2950 of the Civil Code does not apply to the legal relationship between the seller and the participant.

12.12. This current version of the terms and conditions is valid and effective from 1 February 2024. The seller reserves the right to amend these terms of use at any time. The participant will be notified at least one month in advance before the new terms take effect and will be given the opportunity to terminate the contract with the seller for this reason, effective on the date the notice of termination is delivered to the seller.