These Terms define and specify rights and duties of the seller, who is the company Dexter Academy Ltd, No.: 6137685 and the buyer (the customer, the consumer and the acquirer).
Definitions
The consumer contract is the purchase contract, the contract for work, possibly other contracts, if the contract parties are on the one side the consumer and on the other side the supplier. The seller is the company Dexter Academy Ltd; No.6137685, UK.Dexter Academy Ltd (also the provider of learning materials, the author) is the person, who acts during the conclusion and fulfilment of the contract within its commercial or other business activity. It is the entrepreneur, who directly or via other entrepreneurs supplies to the buyer products. The buyer is the customer. A distinction is made between the buyer, who is the consumer and the one who is not the consumer. Thu buyer – consumer or only the consumer is a person, who does not act during negotiation and performance of a contract within his business activity or other entrepreneur’s activity. Thu buyer, who is not a consumer, is an entrepreneur, who purchases products or uses services for the purpose of his business with these products or services.
Purchase contract
Buyer’s order is a proposal of a purchase contract and the purchase contract itself is concluded at the moment of the delivery of the binding consent of the buyer via the electronic system (e-shop) on the web www.dexteracademy.cz ( masaze-kurzy.cz, dexteracademy.com and other web pages, where these Terms are available) and the seller’s consent with this proposal (a binding confirmation of the order by the seller, for example by the order confirmation via a personal card of a client in the form of an order display). Mutual rights and duties are established by this moment between the buyer and the seller. The buyer confirms by conclusion of the purchase contract that he read these Terms and that he agrees with it. The buyer is sufficiently informed about these Terms before his order is realized and he has the opportunity to read it.
If a professional training relates to the sale, then the company Dexter Academy Ltd. – the organizational unit, Reg. NO.: 27898342, organizes this training in the Czech Republic, it is entitled to authorize another company to organize the training.
No consumer rights can be applied to the presents, which were offered for free.
The course (masseur, fitness etc.) means learning materials, when a physical training does not need to follow, or a professional training in the room based on the learning material. The account number of Dexter Academy Ltd., the amount and the variable symbol is set on the personal card of the student. The total price amount of the subject is the price of the learning material (the manual) of the learning material’s provider. If the customer does not mention the variable symbol at the payment, it deems to be as not paid. If the customer is asked to show a payment confirmation, he has to do it within three days and he has to mention the account number from which the payment was sent, the name of the account owner, date of the transfer and the precise transfer amount. If he does not submit this information within three days, it is deemed as not paid. If the buyer orders the physical training with the lector’s presence, or the free training with the lector’s presence is a part of the learning material (the CD, the manual) in any country, then the contractual parties have agreed on the following terms: when the buyer logs out from the lector’s training (even if the training is for free) 25 days and less before the start of the training, the buyer shall pay the penalty in the amount of the price of the training materials. If the buyer already paid the learning material and this was not handed over, the parties have agreed that the provider is entitled to pay the penalty from the price of the learning materials, which was paid by the buyer. If the physical lector’s training is cancelled by the provider of the learning materials, any claim for damages occurs to the buyer, the payment for the training material is returned in the full amount. The contractual parties follow the rules of the study, visit and security order of the company Dexter academy Ltd, No: 6137685, during the physical lector’s training.
Final Provisions
The consumer’s order is after its confirmation on its conclusion as a contract between the buyer and the seller archived for the purpose of its fulfilment and further evidence and its status is available to the buyer. The contract can be concluded in the Czech language, possibly in other languages, if it is not a reason of impossibility of its conclusion.
Other provision: if the customer starts to provide courses of same or another name as it is stated in the order, the licence contract for the usage of the work on publication to the public, according to the sec. 18 and foll. and sec. 46 and foll. of the statute No. 121/2000 Coll., on author rights, relating rights as amended (the author statute) is concluded. 1. Introductory provision. 1.1 The author declares, that he is the author of the manual and the course with the title according to the order, (hereinafter the „Work“) and that by his usage according to this contract neither rights of third persons nor any law are breached. 1.2 The author intends to give to the Acquirer a right to perform the right on communication of the Work to public according to conditions set in this contract.
2. Subject of the obligation. 2.1 The author provides to the Acquirer rights to perform the right on communication of the Work to the by his acceptance with the fact that the Work is taught or sold as the manual, within the period of 5 years. 2.2 The Acquirer undertakes to provide to the Author the remuneration of CZK 100.000, - for each year from the signature of the contract. 3. Final provisions 3.1 This agreement and rights and duties established by this contract or in relation with it are governed by the statute No. 121/2000 Coll., on author right, relating rights, as amended (the author statute). The date of conclusion of the licence contract is the date of the beginning of the offered courses, trainings, sale of training materials or the single training or sale.
Final Provisions
These Terms are valid in the version published on the website of the seller at the day of the conclusion of the purchase contract. The consumer’s order is, after its confirmation as the contract concluded between the buyer and the seller, archived for the purpose of its fulfilment and further evidence and its status is available to the buyer. The contract can be concluded in the Czech language, possibly in other languages, if it is not a reason of impossibility of its conclusion. The customer agrees by the purchase with the sending of business communications. These Terms allow to the consumer their archiving and reproduction. The buyer accepts, at the moment of the conclusion of the purchase or the licence contract, all Terms’ provisions, as amended, at the day when the order was sent including the price of ordered goods mentioned in the confirmed order, if it was not clearly agreed otherwise in a special case, for example by conclusion of the licence contract. All disputes shall be solved by the Municipal court in Prague according to the Czech law.
These Terms come into force on 23rd August 2008, update: 25.05.2012, 23.4.2013 12:33, 28.6.2013 14:50, 7.3.2014 14:06