General Terms and Conditions

General Terms and Conditions

Online Storewww.effectivecoaching.sk

 

1. Trader Identification

1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the legal relations between the company

 

Business name:

GDAO s.r.o.
Registered office: Jozefa Adamca Street 9983/24, 917 01 Trnava, Slovak Republic

Registered in the Commercial Register of the District Court Trnava, Section: Sro, File No. 58264/T

Company ID: 56 683 553,

Tax Identification Number: 2122396419
Bank account/IBAN SK26 8330 0000 0027 0306 7294

The Merchant is not a payer of value added tax

(hereinafter also the “Seller” or “Merchant”) and any person who is a Buyer of products or services offered by the Merchant on the Merchant’s Website, and who acts in the position of a consumer within the meaning of other provisions of these GTC and relevant laws defining a consumer, within the framework of the valid legislation of the Slovak Republic, in particular: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended, Act No. 40/1964 Coll. Civil Code, as amended.

 

1.2. Email and telephone contact for the Retailer is:

 

Email: info@effectivecoaching.sk

Tel. No.: +421 940 894 943

 

1.3 Address for sending documents, complaints, withdrawal from contracts is:

 

GDAO s.r.o., Jozefa Adamca Street 9983/24, 917 01 Trnava, Slovak Republic

 

2. Definition of Terms

 

2.1.For the purposes of these GTC, the Trader, in accordance with Act No. 108/2024 Coll., as amended, states and defines the following terms:

 

2.2.A distance contract is a contract between a trader and a consumer agreed upon and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the trader and the consumer, in particular by using an online interface, e-mail or telephone (hereinafter referred to as the “contract”).

 

2.3. A trader (hereinafter referred to as the “Trader” or “Seller”) is a person who, in connection with a consumer contract, an obligation arising from it or in a commercial practice, acts within the scope of his business activity or profession, including through another person acting in his name or on his behalf.

 

2.4. A consumer is a natural person who, in connection with a consumer contract, an obligation arising from it or in a commercial practice, does not act within the scope of his business activity or profession.

 

2.5. A consumer contract is any contract, regardless of the legal form, concluded by a trader with a consumer.

 

2.6. The term Internet shop is identical to the term Electronic shop and the term Website.

2.7. The buyer is any person (natural person or legal entity) who has sent an order, in particular by using the website of the Trader, or other means of distance communication.

 

2.8. A durable medium is a means that allows the consumer or trader to store information addressed to the consumer or trader for a period that corresponds to the purpose served by this information, and in a way that allows its unchanged reproduction and use in the future, in particular a document, e-mail, USB key, CD, DVD, memory card and computer hard drive.

 

2.9. A product is in particular a good, service, digital content. The term service is used in the text as a type of product.

 

2.10. A service is in particular any activity or performance that is offered or provided to a consumer, including a digital service and activities regulated by special regulations that are supervised or supervised by professional chambers or other public administration bodies, such as consumer protection supervisory bodies.

 

2.11. A good is any tangible movable thing as well as a tangible medium that serves exclusively as a carrier of digital content, in particular a CD, DVD, USB key and memory card,

 

2.12. A thing with digital elements is any movable thing that contains digital content or a digital service or is connected to digital content or a digital service in such a way that the absence of digital content or a digital service would prevent the thing from fulfilling its functions.

 

2.13. Digital content is data that is created and supplied in digital form.

 

2.14. A digital service is a service that enables the consumer to create, process or store data in digital form or to have access to such data, or that enables the exchange or any interaction of data in digital form that is uploaded or created by users of the service.

 

2.15. A digital performance is a digital content and a digital service

 

3. Basic provisions

3.1. These GTC regulate the legal relations between the Buyer/consumer, who is a consumer and a Merchant.

 

4. Product Order – Conclusion of a Purchase Agreement

 

4.1. A proposal to conclude a purchase agreement by the Buyer is the sending of an order for products by the Buyer, carried out mainly using the Merchant’s website, or by other means of distance communication.

 

4.2. The conclusion of a purchase agreement between the Buyer and the Merchant occurs at the moment of delivery of a binding confirmation of acceptance of the order by the Merchant to the Buyer, which the Buyer created in accordance with point 4.1. of these GTC by the Merchant (electronically to the Buyer’s email address, which the Buyer chose in the process of creating the order).

 

4.3 Any natural person over 15 years of age is entitled to conclude the agreement. For persons under 18 years of age, consent and/or representation by a legal representative is required. By signing the relevant contract, the legal representative confirms that he is responsible for the obligations of the person arising from the contract, whom he represented during the legal act of signing the contract

 

5. Term of the purchase contract

5.1. The purchase contract is concluded for a fixed period and terminates, in particular, upon the fulfillment of all obligations of the Trader and the Buyer. In particular, by the delivery, provision and payment of the products in accordance with the concluded contract. This provision does not affect the rights of the Buyer in terms of the legal liability for product defects on the part of the Trader.

 

6. Purchase price information on the purchase price

 

6.1. The price of products ordered through the Website of the Retailer (hereinafter referred to as the “purchase price“) is stated separately for each product and is valid at the time of placing the order by the Buyer.

 

6.2. The purchase price of products listed on the Website of the Retailer is the total price of the products, including all taxes, and is clearly stated on the Website of the Retailer.

 

7. Delivery of products/provision of services

 

7.1. The Retailer is obliged to fulfill the order and provide the Buyer with the products within the period mutually agreed with the Buyer specified in the concluded contract and after payment of the total price of the order to the Retailer. It is therefore necessary that both conditions specified in this point 7.1 are met. of these GTC (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Retailer).

In the case of the product “E-book correct running technique”, the period for providing the product is no later than 30 days from the fulfillment of both conditions specified in this point 7.1. of these GTC (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Retailer), while the period is calculated from the moment of fulfillment of the condition, which occurred last

The usual period for the Retailer to dispatch the product “E-book correct running technique” is 1 business day from the date of payment of the total price of the Retailer’s order.

The Buyer is entitled to use the product if he has duly paid the relevant price and/or other fees that apply to the services, and of which he was informed when ordering the product.

7.2. The Merchant provides services (makes digital content available) but does not guarantee unlimited availability of the services. The Merchant does not provide any guarantees in this regard. The Merchant does not guarantee the Buyer the extent or frequency with which the content of the services will be changed or supplemented, but undertakes to inform the Buyer of such a fact.

7.3. The Merchant is entitled to change the services provided or their parts and the content and scope, due to the improvement or change of the services. The Merchant is entitled to stop providing, suspend the provision of or change a certain part of the services, even without prior notice. Such changes are considered insignificant pursuant to §852c of Act No. 40/1964 Coll. Civil Code Coll. and do not constitute a right to withdraw from the contract.

7.4. The Merchant also reserves the right, in justified cases, of which it undertakes to inform the Buyer in due time, to interrupt, suspend or limit the provision of services. The above applies in particular, but not exclusively, to necessary repairs and maintenance that are necessary for the provision of services.

7.5. The Merchant is not liable for any delay or failure to fulfill any obligation under these GTC and/or the contract, as well as for any damage, including a reduction in the quality of the services provided, caused as a result of an unexpected event beyond its control, in particular force majeure, i.e. fire, flood, war, civil war, sabotage, strike, laws, decrees, decrees, regulations or orders of the state and other circumstances beyond the control of the Merchant, including the declaration of a possible emergency. In the event that the provision of services is interrupted, suspended or limited due to the duration of force majeure, the Buyer is not entitled to a reduction in the price for the period during which the services were not provided, unless the Merchantunless otherwise agreed by the Seller.

7.6. The provision of the service is authorized to be used exclusively by a specific Buyer who has concluded a relevant contract with the Seller for its provision. In the event that the Buyer is assigned individual login details of the Buyer for the provision of the service, these are non-transferable and the Buyer is obliged to protect them, not to provide or make them available to a third party, nor to disclose, not to allow their use or misuse by a third party.

7.7. The entire content of the Seller’s website as well as the materials provided to the Buyer when providing the service is a copyrighted work to which the Seller exercises all property rights. Any copying, publication or modification is expressly prohibited and is always subject to the prior consent of the Seller.

7.8. Digital content is considered to be delivered at the moment of enabling access to the digital content via the online interface or sending a confirmation email.

7.9. All services and any other content intended for the Buyer, including links to other publications related to them (hereinafter referred to as “content”) in no case:

1. a) cannot be considered healthcare within the meaning of Act 576/2004 Coll. on healthcare, services related to the provision of healthcare and on amendments and supplements to certain acts
2. b) are not professional recommendations of medical personnel, healthcare facilities, or other legally established facilities authorized to provide healthcare
3. c) do not replace proper treatment or treatment regimen determined by the attending physician
4. d) do not relieve the Buyer of the obligation to undergo a medical examination and adhere to the prescribed treatment or treatment regimen

In the event of any health problems or questions related to the use of the above content, it is necessary to consult a general practitioner or specialist doctor in advance. The Buyer shall use the content with discretion and in a manner appropriate to his/her age, personal and health status.

The Buyer expressly acknowledges that in connection with the use of the services/products he/she is responsible for his/her health status, the difficulty and intensity of the exercise and for other related consequences. The Buyer is obliged to notify the Merchant of all material facts that may affect the provision of the services (in particular health restrictions or other health indications, injuries, accidents, etc.) before starting to use the services. The Buyer also acknowledges that the Merchant is not liable to the Buyer for any damage or injury to health incurred as a result of an accident, injury or accident if the consumer intentionally or negligently (knowingly or unknowingly) concealed from the Merchant any relevant information about his health condition and current and previous injuries and accidents, or conceals any sudden deterioration in health condition or other discomfort during the use of the services.

The Buyer uses all services provided by the Merchant exclusively at his own risk. The Buyer expressly declares that he participates in exercises in his home environment or in any other place due to the use of services/products at his own risk – he is healthy and physically and mentally able to complete it. The Buyer further declares that he will assess his current health condition before each exercise, and will adjust the possible load and duration of the exercise accordingly.

The Merchant is not liable for any damage to health or property incurred by the Buyer as a result of the use of the content defined above by the Buyer.

The Merchant is also not liable for any damage or injury to health or property incurred by the Buyer as a result of an accident, injury or accident in connection with any activity, conduct or exercise of the Buyer when using the services that the consumer assumes to exercise in his/her own home environment or in any other premises, and also in cases where the Buyer does not exercise or. performs exercises contrary to the Merchant’s instructions.

7.10. The Merchant is entitled to terminate or interrupt the provision of services if the consumer violates his/her obligation under point 7.7. of this article of these GTC or if he/she has reasonable suspicion that the prepaid digital content services are used by more than one person based on individual login details.

 

8. Transfer of ownership

8.1. The ownership of the sold item and the risk of accidental damage, accidental deterioration and loss of the item shall pass to the Buyer upon delivery.

 

9. Payment methods

9.1. Products on the Merchant’s Website may be paid for in the following ways:

9.1.1. online payment via a payment gateway – this payment method is free of charge for the Buyer for its use.

9.1.2. In the case of products provided regularly for a longer period of time, the Buyer undertakes to pay the price corresponding to the monthly payment on a monthly basis, with the purchase price for one month being payable inalways on the first day of the relevant calendar month, unless the Merchant and the Buyer agree otherwise in the contract. The Buyer undertakes to pay the first payment of the price for one month upon conclusion of the contract.

The Merchant is entitled, based on the Buyer’s prior consent to automatic payments, to withdraw the price in advance for the next period in the form of regular payments consisting in the automatic debiting of the payment amount from the Buyer’s account by the Merchant (via the Gopay service). In such a case, the payment method is set indefinitely, with the Buyer being able to cancel it in accordance with point 9.1.3. of this article of these GTC.

9.1.3. If the Buyer does not wish to provide services and is interested in canceling automatic payments, he/she shall do so no later than 2 days (48 hours) before the next automatic payment (of which he/she will be informed in advance 7 days before its execution) by sending an email to info@effectivecoaching.sk.

9.2. After payment of the relevant price for the product according to these GTC, the services will be provided to the Buyer during the paid period, at a time mutually agreed upon between the Merchant and the Buyer until the termination of the contractual relationship by the Buyer or the Merchant, or upon the expiration of the agreed period. The Buyer is not obliged to use the paid services, however, the Merchant is entitled to the full amount for the services ordered by the Buyer regardless of whether the Buyer actually used the ordered services during the subscription period. However, if the product includes the physical participation of the Merchant for the performance of the service, the Merchant is obliged to ensure this.

9.3. The price is considered paid at the moment of its full amount being credited to the Merchant’s bank account. The proof of payment of the price is an invoice, which will be sent to the Buyer to the email address provided by him.

9.4. Payment of the price by transfer to the Merchant’s account is possible only for the product “E-book correct running technique” and for one-time payments – this payment method is free of charge for the Buyer for its use.

 

10. Shipping – methods of shipping products and the price for their shipping

Methods of shipping and the price for shipping ordered products:

10.1. Forms of Shipping:

Online access to electronic content

 

10.2. Price for Shipping:

due to the online delivery of products, the price for shipping is 0 EUR.

 

11. Withdrawal of the Buyer from the Purchase Contract without giving any reason

11.1. The consumer has the right to withdraw from a distance contract and a contract concluded outside the trader’s premises without giving any reason within the period specified in Art. 12 point. 12.1 to 12.3 of these GTC, except for a contract whose subject matter is:

11.2. Provision of a service, if the service has been fully provided and the provision of the service has begun before the expiry of the withdrawal period with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if under the contract the consumer is obliged to pay the price

11.3. Delivery or provision of a product, the price of which depends on price movements on the financial market, which the trader cannot influence and which may occur during the expiry of the withdrawal period,

11.4. Delivery of goods manufactured according to the consumer’s specifications or custom-made goods,

11.5. Delivery of goods subject to rapid deterioration or spoilage,

11.6. Delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging has been delivery is broken,

11.7. Delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

11.8. Delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be carried out at the earliest after 30 days and their price depends on market price movements which the trader cannot influence,

11.9. Carrying out urgent repairs or maintenance during a visit to the consumer, for which the consumer has expressly requested the trader; this does not apply to a contract whose subject matter is the provision of a service other than repair or maintenance, and to a contract whose subject matter is the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during the trader’s visit to the consumer and the consumer did not order these goods or services in advance,

11.10.Supply of sound recordings, image recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

11.11.Supply of periodicals other than their supply under a subscription contract,

11.12.Goods purchased at a public auction,

11.13.Provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if under the contract the trader is to provide these services at a precisely agreed time or in a precisely agreed manner period,

11.14.Supply of digital content that the trader supplies otherwiseas on a tangible medium, if the supply of digital content has begun and the consumer has given explicit consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract by starting the supply of digital content, and the trader has provided the consumer with a confirmation pursuant to Section 17, Paragraph 12, Letter b) or Paragraph 13, Letter b) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, if the consumer is obliged to pay the price under the contract.

The consumer agrees to the commencement of the provision of services after payment of the price and declares that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract and these GTC (Section 19, Paragraph 1, Letter m) of Act No. 108/2024 Coll.): “The consumer has the right to withdraw from a distance contract and from a contract concluded outside the trader’s business premises even without giving a reason within the period pursuant to Section 20, paragraphs 1 to 3, except for a contract the subject of which is the supply of digital content that the trader supplies otherwise than on a tangible medium, if the supply of digital content has begun and the consumer has given explicit consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract by the commencement of the supply of digital content, and the trader has provided the consumer with confirmation pursuant to Section 17, paragraph 12, letter b) or paragraph 13, letter b), if the consumer is obliged to pay the price under the contract.”)

 

12. Exercise of the right to withdraw from a distance contract and a contract concluded outside the trader’s premises

12.1. The consumer may withdraw from a distance contract or a contract concluded outside the trader’s premises within

a) 14 days from the date

of receipt of the goods by the consumer pursuant to point 12.4.

of the conclusion of a contract whose subject is the provision of a service,

of the conclusion of a contract for the supply of digital content that the trader supplies otherwise than on a tangible medium,

b) 30 days from the date of conclusion of the contract during or in connection with an unsolicited visit or at or in connection with a sales event.

If the consumer is not satisfied with the digital content services (prepaid services), he may withdraw from the contract for the provision of digital services within 14 days of payment for the service without giving any reason. The withdrawal shall be made by sending an email to info@effectivecoaching.sk or by sending a written request to the company’s address within the specified period.

12.2. If the Trader has provided the consumer with specific information regarding the consumer’s right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded outside the Trader’s premises only subsequently, but no later than 12 months from the start of the withdrawal period under point 12.1., the consumer may withdraw from the contract concluded at a distance or from the contract concluded outside the Trader’s premises within

a) 14 days from the date on which the Trader has additionally fulfilled the information obligation, if the period under 12.1., letter a), or

b) 30 days from the date on which the Trader has additionally fulfilled the information obligation, if the period under paragraph 12.1., letter b).

12.3. If the Trader has not provided the Consumer with specific information regarding the Consumer’s right to withdraw from the contract in the case of a distance contract and a contract concluded outside the Trader’s premises, nor pursuant to paragraph 12.2, the Consumer may withdraw from the distance contract or the contract concluded outside the Trader’s premises within 12 months of the expiry of the period pursuant to paragraph 12.1.

12.4. The goods are deemed to have been received by the consumer, unless these GTC already specify otherwise, at the moment when the consumer or a third party designated by him, other than the carrier, takes over all parts of the ordered goods, or if

a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,

b) the goods consisting of several parts or pieces are delivered, at the moment of taking over the last part or piece,

c) the goods are delivered repeatedly over a certain period of time, at the moment of taking over the first goods.

12.5. The consumer may withdraw from a distance contract or from a contract concluded outside the trader’s premises, the subject of which is the delivery of goods, even before the withdrawal period has started to run.

12.6. The consumer may exercise the right to withdraw from a distance contract or from a contract concluded outside the trader’s premises in written form or in the form of a record on another durable medium and, if the contract was concluded orally, any clearly formulated statement by the consumer expressing the consumer’s will to withdraw from the contract (hereinafter referred to as the “notice of withdrawal from the contract”) is sufficient to exercise the consumer’s right to withdraw from the contract. The consumer may use the model form for withdrawal from the contractuvy.

12.7. The withdrawal period under paragraphs 12.1. to 12.3. is deemed to have been observed if the consumer sends a notice of withdrawal to the trader no later than the last day of the period.

12.8. The consumer may withdraw from the contract only in relation to a specific product or products if the trader has supplied or provided several products on the basis of a distance contract or an off-premises contract.

12.9. The burden of proof for exercising the right of withdrawal shall be borne by the consumer.

 

13. Consumer rights and obligations after withdrawal from a distance contract and an off-premises contract

 

13.1. The consumer is obliged to send back the goods or hand them over to the trader or to a person designated by the trader to collect the goods within 14 days from the date of withdrawal from the distance contract or from a contract concluded outside the trader’s premises pursuant to point 12.1; this does not apply if the trader proposes to collect the goods in person or through a person designated by him. The period pursuant to the first sentence is deemed to have been observed if the consumer sends the goods to the trader no later than the last day of the period.

13.2. When withdrawing from the distance contract or from a contract concluded outside the trader’s premises pursuant to point 12.1. the consumer shall only bear the costs of returning the goods to the trader or to a person designated by the trader to collect the goods; this does not apply if the trader has agreed to bear the costs himself or if the trader has not fulfilled the information obligation, i.e. if the trader has not provided the consumer with specific information regarding the instruction on the consumer’s right to withdraw from the contract in the case of a distance contract and a contract concluded outside the trader’s premises

13.3. The consumer is liable for the reduction in the value of the goods that has arisen as a result of the handling of the goods that goes beyond the handling necessary to determine the properties and functionality of the goods; this does not apply if the trader has not fulfilled the information obligation pursuant to Section 15, paragraph 1, letter f) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

13.4. The consumer is obliged to pay the trader the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract, if the consumer pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, withdraws from a distance contract or a contract concluded outside the trader’s business premises, the subject of which is the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or the supply of heat, and before the commencement of the provision of the performance, he has given his explicit consent pursuant to Section 17, paragraph 10, letter c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The price for the performance actually provided is calculated proportionally based on the total price agreed in the contract. The price for the performance actually provided is calculated based on the market price of the performance provided, if the total price agreed in the contract is overvalued.

13.5. The consumer shall not incur any further obligations or costs from exercising the right to withdraw from a distance contract or a contract concluded outside the trader’s premises pursuant to 11.1., except for the obligations pursuant to points 13.1., 13.3. to 13.5. and the obligation to pay additional costs pursuant to point 14.3.

13.6. After withdrawal from the contract, the consumer is obliged to refrain from using the digital performance and providing it to third parties.

 

13.7. After withdrawal from the contract, the trader has the option of preventing the consumer from further using the digital performance, in particular by restricting his access to the digital performance or canceling his user account.

 

14. Rights and obligations of the trader after the consumer withdraws from a distance contract and from a contract concluded outside the trader’s premises

14.1. The trader is obliged to return to the consumer, within 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the consumer on the basis of or in connection with the distance contract, the contract concluded outside the trader’s premises or the supplementary contract, including the costs of transport, delivery, postage and other costs and fees.

14.2. The trader is obliged to return to the consumer all payments pursuant to paragraph 14.1. to the extent corresponding to the withdrawal from the contract, if the consumer has not withdrawn from the entire distance contract or the entire contract concluded outside the trader’s premises. The trader cannot charge the consumer additional costs for transport, delivery, postage and other costs and fees.

14.3. The trader is not obliged to pay the consumer additional costs if the consumer has explicitly chosen a different method of delivery than the cheapest common method of delivery offered by the trader. Additional costs are understood as the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the trader.

14.4. The trader is not obliged to return the payments to the consumer under point 14.1. when withdrawing from a distance contract or a contract concluded outside the trader’s premises, the subject of which is the delivery of goods, before the goods are delivered to him or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person designated by him.

14.5. The trader is obliged to return the payments to the consumer under point 14.1. in the same way as the consumer used to pay them; this does not affect the trader’s right to agree with the consumer on another payment method, if the consumer is not charged any fees in connection with the payment.

14.6. The trader is obliged to ensure the collection of the goods at his own expense within the period pursuant to paragraph 14.1., if, based on a contract concluded outside the trader’s premises, the goods were delivered to the consumer’s home at the time of conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the trader by post.

14.7. Unilateral offsetting of claims between the trader and the consumer arising from withdrawal from the contract pursuant to point 11.1. is prohibited.

14.8. The trader may not demand from the consumer reimbursement of costs for

a) the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or the supply of heat during the period for withdrawal from the contract pursuant to points 12.1. to 12.3. regardless of the scope of the performance provided, if:

the trader has not provided the consumer with information pursuant to Section 15, paragraph 1, letter f) or letter h) Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, or

the consumer has not given the trader explicit consent to commence the provision of the service or the supply of water or heat pursuant to Section 17, Paragraph 10, Letter c) Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

b) full or partial supply of digital content that the trader supplies otherwise than on a tangible medium, if:

the consumer has not given the trader explicit consent to commence the supply of digital content pursuant to Section 17, Paragraph 10, Letter c) Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain acts, as amended,

the consumer has not declared that he has been duly informed that by expressing his consent under the first point he loses the right to withdraw from the contract, or

the trader has not provided the consumer with confirmation pursuant to Section 17, paragraph 12, letter b) or paragraph 13, letter b) of Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain acts, as amended.

14.9. If it concerns digital content that is supplied continuously during the agreed period, the Trader is liable for any defect in the digital performance that occurs or becomes apparent during this agreed period. The trader is not liable for a defect that was caused by incorrect connection of the digital performance with the components of the consumer’s digital environment or by the inclusion of the digital performance in the components of the consumer’s digital environment, except for exceptions pursuant to Section 852h, paragraph 3 of Act No. 40/1964 of the Civil Code, as amended.

14.10. The trader shall provide the consumer with a written confirmation of the defect immediately after the consumer has pointed out the defect. In the confirmation of the defect, the trader shall state the period within which the defect will be removed. The period notified pursuant to the preceding sentence may not be longer than 30 days from the date of the defect being pointed out, unless a longer period is justified by an objective reason beyond the trader’s control. If the trader refuses liability for the defects, he shall notify the consumer of the reasons for the refusal in writing.

14.11. If the trader is responsible for a defect in the digital performance, the consumer has the right to have the defect removed, the right to an appropriate discount on the price or the right to withdraw from the contract.

 

15. Complaint / Supervisory Authority

15.1. The consumer is entitled to complain about defects in the digital content to the trader within 14 days from the date of occurrence of the specific defect, by e-mail at info@effectivecoaching.sk.

15.2. The trader will confirm receipt of the complaint to the consumer by replying to the complaint email.

15.3. If the consumer is not satisfied with the way in which the trader has handled his complaint or if he believes that the trader has violated his rights, he has the option of contacting the trader with a request for redress. If the trader responds negatively to the request for redress or does not respond to it within 30 days from the date of its sending, the consumer (customer) has the right to submit a proposal to initiate an alternative resolution of his dispute pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments and supplements to certain acts.

 

The competent authority exercising supervision over legality in the field of consumer protection is:

The Inspectorate of the Slovak Trade Inspection

with its registered office in Trnava for Trnava Region

Pekárska 23, 917 01 Trnava 1

Supervision Department

tel. no. 033/321 25 27, 033/321 25 21

email: tt@soi.sk

web link for submitting suggestions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 

 

 

16. Alternative dispute resolution

16.1. In the event that the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the consumer’s request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to submit a proposal to initiate alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts, as amended. The competent entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact details can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk/, or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativneho-riesenia-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The consumer has the right to choose which of the listed alternative dispute resolution entities to contact. The consumer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative resolution of his consumer dispute, or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution may only be used by the Buyer who, when concluding and performing the contract, acts in the capacity of a consumer. Alternative dispute resolution only applies to a dispute between the consumer and the Seller arising from or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded at a distance. The alternative dispute resolution entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may request payment of a fee for initiating alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

All further information regarding alternative dispute resolution between the Seller and the Buyer – consumer arising from the Purchase Agreement as a consumer agreement or related to the Purchase Agreement as a consumer agreement is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.

 

17. Additional provisions

17.1. The Seller shall not conclude a purchase agreement or carry out the sale, brokerage, or delivery of alcoholic beverages /products/, tobacco products and other products to persons (Buyers) who have not reached the age of 18 at the time of concluding the purchase agreement, and whose sale to persons under the age of 18 is prohibited, in accordance with and in accordance with the valid and effective legal regulations of the Slovak Republic. In connection with the above, the Seller shall verify the fulfillment of the condition of reaching the age of 18 of the Buyer by checking the age through the Buyer’s identity document /identity card or passport/, when handing over the order to the Buyer. The Seller shall carry out the above through an authorized person who is to deliver the order to the Buyer. If the Buyer is under 18 years of age, or if the Buyer does not prove or refuses to prove his age, the Seller will not hand over the order to the Buyer and the purchase contract will expire.

 

18. Information on adopted codes

18.1. The Merchant informs consumers that there are no special relevant codes of conduct to which the Seller has committed itself to comply, whereby the code of conduct is understood as an agreement and, or a set of rules that define the behavior of the Seller, who has undertaken to comply with this code of conduct in relation to one or more specific business practices or business sectors, if these are not established by law or other legal regulation or measure of a public administration body, which the Seller has undertaken to comply with, and the manner in which the consumer can familiarize themselves with them or obtain their text.

 

19. Product ratings by consumers

19.1. The Merchant does not control and limit product ratings only to persons who have purchased the product from the Merchant.

 

20. Final Provisions

 

20.1. The Merchant reserves the right to change the GTC. The obligation to provide written notice of changes to the GTC is fulfilled by posting it on the Merchant’s Website. In the event of a change to the GTC, the relationship between the Buyer and the Merchant is governed by the GTC valid and effective at the time of conclusion of the contract, until the moment of its termination.

 

20.2. These GTC were formulated in good faith, in order to meet legal requirements and regulate fair contractual relations between the merchant and the consumer. If any of the provisions of these GTC are proven to be invalid or ineffective, in whole or in part, by a decision of a competent authority of the Slovak Republic, the validity of the other provisions and the remaining parts of the relevant provision remain unaffected.

 

20.3. Regardless of the other provisions of these GTC, the trader is not liable to the consumer for lost profit, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the service contract or purchase contract or arising in any other way.

 

20.4. Legal relationships and conditions not expressly regulated here, as well as any disputes arising from failure to comply with these conditions, are governed by the relevant provisions of the Civil Code and other generally binding legal regulations of the Slovak Republic.

 

20.5. These GTC shall enter into force and effect upon their publication on the Trader’s Website on 20. 01. 2025