CZThese General Terms and Conditions for Courses (hereinafter as “GTCs”) relate to the contracts entered into via the IPPA on-line portal available at https://old.ippa-academy.cz/ (hereinafter the “Web Interface”) of:
AVANERO, s.r.o.
Registered office at Jungmannova 30/21, Nové Město, 110 00 Praha 1
ID no.: 24260207
VAT no.: CZ24260207
Incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, File 229056
Delivery address: Jungmannova 30/21, Nové Město, 110 00 Praha 1
Phone number: +420 608 999 139
Contact e-mail: info@ippa-academy.cz
(Hereinafter “We” or the “Provider”)
1. INITIAL PROVISIONS
1.1. These General Terms and Conditions apply to the formation of contracts concerning the educational courses between the Provider and a natural person ordering the courses (hereinafter as the “Customer” or “You”) and also to the participation in the courses organized by the Provider.
1.2. The terms and conditions of participation in the courses are also binding for persons other than the Customer. If you order courses in which other persons will participate (hereinafter the “Participant”), you undertake to make such persons familiar with these GTCs. The Customer is liable for the compliance with the GTCs by the Participants. If you order courses for several persons, you declare that you have been authorized to enter into the contract and to exercise the related rights and obligations (including the payment of the price, as the case may be) for these persons.
1.3. Courses mean the educational courses offered by International Prague Pastry Academy.
1.4. The course date means the day which is stated at the web interface as the date of the course; in case of courses lasting for several days, the first day of the course is taken as the course date.
1.5. By the contract we agree to enable you (and possibly to the Participants enrolled by you) to participate in the courses specified in your purchase order and you agree to pay us for these courses the agreed price. Further, you agree to comply with the below-given instructions concerning the participation in the courses and ensure that the Participants registered by you will also comply with these instructions.
1.6. If you are a consumer, that is, you are a natural person and you order the provision of the service outside of your entrepreneurial activity or outside your independent professional activity, the contract classifies as a consumer contract. In the opposite case the contract does not classify as a consumer contract and the consumer protection under legal regulations and these GTCs does not apply to you.
1.7. Your legal relationship is governed by the following documents:
- These GTCs, which define and specify more accurately our reciprocal rights and obligations;
- The Claim Rules, which will be used in claims procedures;
- The Personal Data Protection Principles, which provide for the protection of your personal data;
- Our conditions and instructions stated at the web interface or in your e-mail communication especially during the formation of the contract;
- The purchase order and its acceptance by us, And in questions not regulated hereby also by the following legal regulations:
- Act no. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code”);
- Act no. 634/1992 Coll., on Consumer Protection, as amended by later regulations (only if you are a consumer).
1.8. If your place of residence or registered office is located outside of the Czech Republic or if our legal relationship contains some other international element, you acknowledge that your relationship shall be governed by Czech law. If you are a consumer and the legal order of the country of your domicile provides a higher degree of consumer protection than the Czech legal order, you are entitled to this higher degree of protection.
1.9. By sending the purchase order and also by the confirmation at the web interface you confirm that your have made yourself familiar with and approve these GTCs.
1.10. We may change or supplement the text of the GTCs. Your rights and obligations shall always be governed by that version of the GTCs effective at the time when the rights and obligations came to existence.
1.11. Information on contracts entered into via the Web Interface
- The documents constituting the contract will be sent to you by e-mail or upon your request by postal service in the printed form. In the case of delivery by postal service we may ask you to cover the costs connected with it.
- The documents constituting the contract are archived by us in electronic form. The contract is not accessible to third parties.
- The contract may be entered into in the Czech language unless a different language is explicitly agreed.
2. FORMATION OF CONTRACT
2.1. At the Web Interface there is a list of courses published including information on the date, place, price and the description of the content of the courses. Discounts, if any, on the stated prices depend on the Provider’s discretion and there is no legal entitlement to them.
2.2. The presentation of our services is informative in nature and is not meant as an offer for the entry into a contract pursuant to Section 1732(2) Civil Code. After the entry into the contract it is necessary for you to send the purchase order and for this purchase order to be accepted by us.
2.3. The order for the selected courses may always be placed via the Web Interface.
2.4. The purchase order must contain all the information prescribed in the form, especially your contact data.
2.5. Before the binding sending of the purchase order you still have the chance to check and change the input data filled in by you in the purchase order and check the final price.
2.6. Before sending the purchase order via the web interface, check the entered data because once you have pressed the “Send Order” button, your purchase order will become binding. The data stated in a binding purchase order shall be considered correct and complete by us. In the event of any change of these data, inform us without delay by phone or e-mail.
2.7. If we have any doubt as to the authenticity and sincerity of the purchase order, we may contact you in order to verify the purchase order. We may refuse a non-verified purchase order. Such purchase order will be viewed as if it was never placed.
2.8. The contract is formed at the moment when the confirmation on our acceptance of your purchase order is delivered to you to your e-mail address stated in the purchase order. If the purchase order is not received, the contract is formed upon your payment of the price of the courses.
2.9. The prices of the courses remain valid for the time for which they are displayed at the web interface. In the event of the occurrence of any apparent technical error in the publication of the prices of the services at the web interface, we are not obligated to provide you the service for this apparently erroneous price.
2.10. If the capacity of the ordered courses is fully filled before the receipt of your purchase order, we will inform you about this fact.
3. PAYMENT TERMS
3.1. The price of the courses may be paid by wired transfer prior to the date of the courses to our bank account. Any other potential manners of payment and potential fees connected with certain manners of payment are specified at the web interface.
3.2. In the case of a non-cash payment the price is due within five business days from the placement of the purchase order pursuant to clause 2.6 of the GTCs. Your obligation to pay the price during a non-cash payment is fulfilled once the relevant amount has been credited to our bank account.
3.3. Be aware of the fact that in the event that your fail to pay the price within the time allowed for payment, you lose your position in the list of the registered candidates for the courses and if the capacity of the courses is filled, you do not necessarily have to be accepted, we have the right to withdraw from the contract.
3.4. We reserve the right to refuse your participation in the courses if we do not receive the payment before the commencement of the courses and if you do not prove to us that you have paid the purchase order (especially if you register for a course in less than 5 days before the commencement of the course).
4. CANCELLATION OF AND CHANGES IN CONTRACT
4.1. If you wish to cancel or change your purchase order or choose some other course date, contact us immediately. Please note that you are not entitled to the above-mentioned changes under these GTCs or any legal regulations (see the paragraph below) and the said changes may only be made after agreement with us.
4.2. If you are a consumer, note that in accordance with Section 1837(j) of Civil Code you may not withdraw from the contract without stating a reason pursuant to Section 1829 of Civil Code. If you are an entrepreneur or a legal person, note that you do not have the right to withdraw from the contract.
4.3. If you demand cancellation of a binding purchase order, send us your application without undue delay in writing (by e-mail or registered mail to the address of the company’s registered office).
4.4. In the event of cancellation of purchased courses we reserve the right to demand the payment of the cancellation fees in the following amounts:
| Time | Cancellation fee amount |
| More than 24 hours before the start of the course | CZK 3,000 |
| Less than 24 hours before the start of the course | 100% of the course price |
4.5. We reserve the right to carry out the necessary changes in the parameters of the courses published at the web interface, in particular to modify the content of the course, change the course date or change the person managing the course (hereinafter the “Lecturer”), always without affecting the quality and length of the courses. We will inform you about all changes by e-mail. If you do not agree with the new conditions, you may withdraw from the contract without obligation to pay the cancellation fee.
4.6. We reserve the right cancel courses entirely in the case of the occurrence of an unexpected and unforeseeable event (sudden limitation of transport services due to a strike or adverse weather, damage to or destruction of the spaces where the courses are to take place, illness of a lecturer etc.) or if the minimum number of course participants is not reached.
4.7. We have the right to withdraw from the contract in the event that we have not received from you the price of the course within the payment deadline.
4.8. In the event of the cancellation of a purchase order or withdrawal from the contract by either of the parties, the already paid price of the courses (less cancellation fees, if paid) or its proportionate part shall be refunded within 30 days from the day of the cancellation of the purchase order to your account from which we have received the payment or to an account specified by you. After mutual agreement the price paid by you may be used as an advance for the payment of some other courses.
5. CONDITIONS OF PARTICIPATION IN COURSES ORGANIZED BY THE PROVIDER
5.1. The right to participate in courses is transferable to a third party before the date of the courses. The transfer is made conditional upon your consent. If you wish to transfer the right to participate in the courses to a third party, contact us one day before the date of the course at the latest. In the case of transfer you are obligated to make the third person familiar with these GTCs and pay the effectively expended costs, if any, connected with the transfer of the right to participate in the courses.
5.2. During the courses it is forbidden to make any audio or audiovisual recordings of the courses without Provider’s express consent. It is forbidden to distribute, make accessible or otherwise provide to third persons any recordings in any way, whether for payment of for free.
5.3. We reserve the right to make visual, audio and audiovisual recordings of courses which may contain the images and speech of the participants of the courses. We may publish these recordings for the purpose of promoting, offering and providing our services. By participating in the courses you as well as potential other participants give your consent for the recording and distribution of your image pursuant to Section 84 and Section 85 of Civil Code. The consent is granted for an indefinite period of time and may be withdrawn at any time.
5.4. By participating at the courses you express your willingness to comply with the conditions laid down herein, and the instructions of the lecturer and to follow his or her directions and refrain from any conduct that might disturb the progress of the courses. In the event of any violation you may be excluded from the ongoing courses without any entitlement to the refund of the price. Also denied may be your right to further participation in courses without any entitlement to the refund of the price.
5.5. Please, note that some courses are meant for advanced participants and require a deeper knowledge of the given field. This information is always mentioned at the web interface. We are not in any way liable for the failure to understand or comprehend the subjectmatter constituting the content of the courses.
5.6. Each Participant of the courses is obligated during the courses in particular to:
- comply with all the instructions of the lecturer and representatives of the Provider;
- not to disturb the progress of the courses by noise or other inappropriate behaviour;
- not to use mobile phones during the courses;
- not to disturb other Participants;
- treat the Lecturer and other participants in compliance with generally recognized rules of conduct;
- act in all circumstances in a manner which will not result in damage to the property or health of the Provider or third parties;
- comply with the safety and fire regulations valid for the building where the courses take place;
- refrain from using technical devices to share the content of the courses.
5.7. All tools and aids necessary for the passing of a course will be provided to you during the courses. It is forbidden to bring your own devices, tools, cutlery or kitchenware. As regards courses for children, we declare that no sharp objects and tools will be given to the children during the courses.
5.8. Do not wear any jewellery which might interfere with your activities during the courses (especially rings).
5.9. In the case of courses for children we are responsible for a child during the time of the specific course only. When a child is brought to and picked up from the courses by a person other than a legal representative, such person must be authorized by the child’s legal representative. You are obligated to inform us about this fact before the commencement of the courses.
5.10. Only a healthy person may participate in the courses. We have the right to refuse the participation in the courses of a person who shows symptoms of an acute or infectious disease or other serious illness which may have impact on the progress of the courses without any entitlement to the refund of the price.
5.11. Where the result of the courses is a certificate of passing, we undertake to handover the certificate to you as well as other participants via the lecturer or in some other suitable manner. The prerequisite for the granting of the certificate is the participation in entire courses. The handover of the certificate will take place immediately after the end of the courses or, if agreed, it may be delivered by postal service.
5.12. Note that any information or materials provided to you during the courses are based on the experience and knowledge of the lecturer and do not need to be identical to the opinion of other experts in a given field.
5.13. All information, including information contained in the documents which are the subjectmatter of the courses, which you will obtain from us or the lecturer are protected as a business secret pursuant to Section 504 of Civil Code. Without our prior written consent you may not disclose to third parties or disseminate this information in any way.
5.14. The content of the courses and the materials provided in the courses are protected by our copyright or the copyright of the lecturer or third parties. The materials are intended for your own need only. You may not copy, reproduce, distribute or use the content of the materials for any purpose without our consent.
5.15. If you do not respect the copyright, we are going to proceed pursuant to Act no. 121/2000 Coll., Copyright Act, as amended by later regulations. As copyright holders we have in particular the right to demand that the infringement upon our copyrights is ceased and demand the withdrawal of unauthorized copies of protected content. For the violation of our copyright we also have the right to demand adequate satisfaction for the damage caused.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. Your rights from defective performance are subject to generally binding legal regulations (in particular the provisions of Sections 1914 to 1925 of Civil Code).
6.2. During the exercise of the rights from defective performance we will proceed in accordance with our Claim Rules. Before sending a claim make yourself thoroughly familiar with the Claim Rules so that your claim may be cleared as quickly as possible and to your satisfaction.
7. PROTECTION OF COPYRIGHTS, LIABILITY AND USE OF WEB INTERFACE
7.1. The content of the web pages placed at the web interface (texts, including the GTCs, photographs, pictures, logos, programme equipment and other) is protected by our copyright or rights of other persons. You may not change, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. It is in particular forbidden to give access to the photographs and texts placed at the web interface whether for free or for consideration.
7.2. The names and designations of products, goods, services, firms and companies may be registered as trademarks of the relevant owners.
7.3. We are not liable for any errors arising in the consequence of third party interferences into the web interface or in the consequence of its use contrary to its purpose. When using the web interface you must not use any procedures that might disrupt the function of the system or overload the system.
7.4. Should you commit any unlawful or unethical act during the use of the web interface, we have the right to limit, suspend or terminate your access to the web interface and do so without any compensation whatsoever. In this case you are also obligated to compensate us in full for the damage provably caused by your conduct under this paragraph.
7.5. Note that upon clicking on certain links at the web interface you may leave the web interface and be rerouted to the web sites of third entities.
8. REGISTRATION AT THE WEB INTERFACE
8.1. Upon registration via the registration form at the web interface a user account is open. Keep your login data for access to your user account in secret. We are not liable for any unauthorized use of your user account by a third party.
8.2. The information stated during the registration must be true and complete. An account opened on the basis of false or incomplete data may be cancelled without compensation. In the case of changes in your data, we recommend their immediate adjustment in your user account.
8.3. Through your user account you can in particular order courses, monitor your purchase orders and manage your user account. Additional functions, if any, of the user account are always specified at the web interface.
8.4. Note that we have the right to cancel your user account without compensation if the principles of morality, valid legal regulations or these GTCs are violated via your account.
9. FINAL PROVISIONS
9.1. We are authorized to provide the services on the basis of a trades license. Our activity is not subject to any other licensing procedure.
9.2. Trades inspection is carried out by the relevant Trades Licensing Office within its competence. The check of the compliance with the legal regulations regarding consumer protection is carried out by the Czech Trade Inspection (http://www.coi.cz/). The rights of consumers are also defended by consumer associations and other entities for their protection.
9.3. Possible complaints are handled through our contact e-mail. You may also address the entities mentioned in this clause 9.2. In relation to our customers we are not bound by and we do not follow any codes of conduct.
9.4. If you are a consumer and if a dispute arises between us from the contract which we fail to settle directly, you have the right to bring this dispute to the Czech Trade Inspection (address: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Praha 2; web site: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telefon: +420 296 366 360) or to the Sdružení českých spotřebitelů, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web site: www.konzument.cz, electronic contact: spotrebitel@regio.cz, phone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within no later than 1 year from the day when you have asserted with us for the first time your claim which is the subject-matter of this consumer dispute.
9.5. To submit complaints concerning our services and to find an entity for alternative dispute resolution you as a consumer may also use the on-line platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
9.6. The contract is entered into with the use of means of remote communication (primarily the internet). The costs arising in connection with the use of the remote communication means (primarily the costs of the internet connection and phone calls) are covered by you. These costs are not different from the usual rate.
9.7. Unless agreed otherwise, all correspondence between us in connection with the contract shall be in writing, delivered either by e-mail, registered by mail or by personal delivery.
We will deliver notices to your electronic mail address which you have announced to us.
9.8. Should any of the provisions hereof be (or become) invalid, ineffective or inoperable, such provision shall be replaced with one that comes as close as possible in its meaning to the invalid, ineffective or inoperable provision. The invalidity, ineffectiveness or inoperability of one provision does not affect the validity of the other provisions. The contract (including these GTCs) may only be changed or amended in writing.
These GTCs are valid and effective from 5th December 2018.
