General terms and conditions

GENERAL TERMS AND CONDITIONS
FOR THE CONSUMER

 

Article I
Identifying information

perezoso, s. r. o. 
Registered seat:Štefánikova 268/21, 029 01 Námestovo
Business ID:52 801 900
Tax ID:2121140681
VAT Number:SK2121140681
Registered:in the Commercial Register of the District Court of Žilina, Section Sro, Insert No. 73669/L
Represented by:Ing. Lucia Ručková, managing director
tel .:+421 902 160 922 (available: Mon-Fri from 9 a.m. to 4 p.m.)
e-mail:info@perezoso.eu
account number/IBAN:SK3583300000002501761480 (hereinafter referred to as the "Provider")

 

The supervisory authority:
The Slovak Trade Inspection (SOI)
SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
tel. no. 041/763 21 30, 041/724 58 68
fax no. 041/763 21 39
https://www.soi.sk
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

Article II
Fundamental provisions

  1. These General terms and conditions (hereinafter referred to as the "GTC") govern selected rights and obligations of the Provider and the person interested in the Provider’s Services (hereinafter referred to as the "Customer") provided through the website www.perezoso.eu (hereinafter referred to as the "Provider’s website"). These general terms and conditions do not apply to the Customer, who is not a Consumer, the relationship between the Provider and the non-consumer will be governed by applicable law and individual agreement. (hereinafter collectively referred to as the "GTC")
  2. The GTC regulate selected rights and obligations of the Contracting parties when concluding an Agreement on the provision of foreign language teaching, or Agreements for processing the translation of a text from/into a foreign language concluded between the Contracting parties by means of electronic communication (hereinafter referred to as the "Agreement").
  3. The GTC apply to the active use of the website by the Customer, in particular, but not exclusively, to registration, ordering, downloading content, participation in online activities organized by the Provider, active use of the tool and/or application within the Provider's website.
  4. For the purposes of the GTC, the term:
    a. "Consumer" is a natural person (proposer for concluding an Agreement with the Provider) who does not act within the scope of his business or other entrepreneurial activity, employment, or profession when concluding and fulfilling the Agreement,
    b. "Customer" is an Consumer purchasing Services through the Provider's website,
    c. "Course participant" means a natural person who will participate in the Course on the basis of the Agreement; the Course participant does not have to be the same as the Customer,
    d. "Agreement" is a contract concluded in accordance with Art. § 52 et seq. Act no. 40/1964 Coll. The Civil Code (hereinafter referred to as the “Civil Code”), the subject of which is the sale of Services by the Provider to the Customer for consideration and of which the GTC represent an inseparable part,
    e. "Distance contract" means a contract between the Provider and the Customer agreed and concluded exclusively through one or more means of long-distance communication without the simultaneous physical presence of the Provider and the Customer, in particular by using the Provider’s website and/or e-mail or telephone communication between the Provider and the Customer,
    f. "Contracting parties" are the Provider and the Customer,
    g. "Service" is the teaching of a foreign language in the form of a language Course offered by the Provider and/or the translation of a text from/into a foreign language offered by the Provider,
    h. "Course" is the teaching of the chosen foreign language in the chosen level of difficulty, limited by the specified number of teaching hours according to the Provider's offer,
    i. "Translation" is a translation of a text from or into a selected foreign language according to the Provider's offer to the extent specified in the Order,
    j. "Price for the Service" means the Price for the Course and/or the Price for the Translation, including all taxes and fees related to the Service,
    k. "Electronic content" means data created and provided in electronic form, in particular, computer programs, applications, games, music, videos, or texts,
    l. "Order" is a proposal of the Customer to conclude a Distance contract (through the User interface of the Provider's website and means of electronic communication), on the basis of which the Service is sold for free to the Customer. Part of the binding Order is the payment of the Price for the Service,
    m. "Registration" means the creation of a Customer's user account on the Provider's website, containing the Customer's data in the range of: name, surname, e-mail contact and telephone contact, through which the Customer can use the purchased Service,
    n. "Lesson" means, for the purposes of the GTC, a lesson of foreign language teaching lasting 30 minutes, unless otherwise agreed.
  5. Legal relations between the Provider and the Customer, which are not explicitly regulated by these GTC, are governed by the relevant provisions of the Civil Code, Act no. 250/2007 Coll. on consumer protection and amending the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act on consumer protection"), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and amending certain laws (hereinafter "Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance"), Act no. 22/2004 Coll. on Electronic Commerce and on the amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll. (hereinafter referred to as the "Electronic Commerce Act").
  6. Documentation related to the Agreement will be archived by the Provider in accordance with applicable law for at least ten years from its conclusion, but no longer than for the period under applicable law, in order to successfully fulfill and fulfill the obligations imposed on the Provider by accounting legislation. Documentation related to the Agreement will not be made available to third parties, except for persons whose right to become acquainted with documentation related to the Agreement arises from a special law.
  7. The GTC in the current wording and the Price list of Services (hereinafter referred to as the "Price list") in the current wording form an inseparable part of the Agreement.

Article III
Conclusion of the Agreement

  1. The Service offer means the Service offered by the Provider on the Provider's website with an indication of the offered variants and prices.
  2. The Provider before concluding the Agreement, or before sending the Order, it also notifies the Customer in a clear and comprehensible manner:
    a. the nature of the Service,
    b. the total Price for the Service, including all taxes and fees,
    c. information on the duration of the Agreement or on the conditions of termination of the Agreement,
    d. information on the minimum duration of obligations under the Agreement, if any,
    e. as well as other facts required by law to the extent appropriate to the means of communication used.
  3. The Customer sends the Provider a proposal for the conclusion of the Agreement in the form of an Order created on the Provider's website. The Customer chooses the Service he/she is interested in, chooses from the offered variants predefined by the Provider and then sends the Order to the Provider by clicking on the button "Order with the obligation to pay".
  4. Before sending the Order, the Customer is obliged to get acquainted with the wording of the GTC and with the obligation to pay the Price for the Service.
  5. The Agreement between the Provider and the Customer is considered as concluded at the moment of acceptance of the Order by the Provider, i.e. binding confirmation of the Customer's Order in the form of an e-mail sent by the Provider to the Customer's e-mail address, unless otherwise agreed. The Customer is obliged to check the correctness of the entered data before sending the Order to the Provider. In case of suspicion of incorrectly stated personal data of the Customer, the Provider may contact the Customer in order to verify the accuracy of the data.
  6. The Provider and the Customer may, by mutual agreement, enter into an Agreement with conditions different from the Customer's Order. The Agreement between the Provider and the Customer will be considered as individually agreed contractual provisions, the content of which may be influenced by the Customer.
  7. The Customer's billing information cannot be changed after sending the Order, unless the Contracting parties have agreed otherwise.
  8. The Agreement is concluded for a definite period, which ends with the provision of the Service (completion of a language Course and/or submission of a translation) and payment of the Price for the Service. This does not affect the rights and obligations of the Provider and the Customer arising from the Agreement regarding the conditions of the complaint.
  9. The valid and effective Agreement (including the agreed Price for the Service) may be amended or terminated only by agreement of the Contracting parties or on legal grounds.
  10. Prior to sending the Order, the Customer has the opportunity to give consent to the Provider to start providing the Service and/or providing Electronic content before the expiration of the Statutory Agreement withdrawal period. The effects of such consent are set out in Art. XIV of the GTC.
  11. The Provider informs the Customer that in the event of expressing consent to the commencement of the provision of the Service and/or the provision of Electronic content before the expiration of the Statutory 14-day withdrawal period from the Agreement (hereinafter "Statutory withdrawal period"), the Customer loses the right to withdraw from the Agreement.

Article IV
Courses

  1. The subject of the Agreement is the provision of a Service for a fee - teaching a selected foreign language or teaching skills in a selected foreign language in the form of a language Course offered by the Provider on the Provider's website, including the provision of teaching materials and aids. The language Courses offered by the Provider are divided into the following categories:
    a. Individual language Course - language Course for one participant,
    b. Group language Course - a language Course for a maximum of five participants. (Individual language Course and Group language Course hereinafter referred to as "Course").
  2. Part of the purchase of the Course is also the delivery of teaching materials and aids to the language Course, which are included in the Price for the Course. After booking the Course, the teaching materials and aids are immediately available to the Customer in electronic form for download via personalized access on the Provider's website.
  3. The subject of the Agreement is not the provision of copyright. The Customer's obligations in connection with the protection of the Provider's copyright are set out in Art. XVI of the GTC.
  4. All Courses are held online through the platform available on the Provider's website www.perezoso.eu.
  5. Based on the concluded Agreement, the Customer will receive by e-mail to the e-mail address specified in the Customer's registration data login details for access to the purchased Course. Registration on the website is a condition for the provision of the Service - completion of the Course.
  6. Based on the paid Price for the Course, the Customer will receive the appropriate number of credits, which correspond to the number of teaching hours of the Course. The current number of credits is displayed in the Customer's user account. The appropriate number of credits is taken for the completed Lesson. The conversion of the price value of credits is published on the Provider's website.
  7. The Courses take place on days and times determined by the Provider and selected by the Customer by making a reservation based on the availability calendar in the reservation system on the Provider's website. If it is not possible to provide the Lesson on particular day for serious reasons (e.g. sudden illness of the lecturer), the Provider is entitled to carry out the Lesson at an alternate date chosen by the Customer according to the availability calendar in the reservation system on the Provider's website.
  8. The Customer reserves the Lesson at least 24 hours in advance through the reservation system on the Provider's website based on the calendar of lecturer availability published on the Provider's website. The number of teaching hours depends on the variant of the purchased Course and the category of the purchased Course (individual or group). The Customer is informed in advance about the date and time of the reserved Lesson by a confirmation e-mail to the e-mail address specified in the Customer's registration data.
  9. Any information about the change of the schedule is sent by the Provider to the Customer's e-mail address in good time.

Article V
Rights and obligations - Courses

  1. The Customer has the right:
    a. before the start of the Course to know the teaching materials and aids according to which the Course will be conducted,6
    b. for free Registration on the Provider's website,
    c. to be provided with cooperation by the Provider.
  2. Customer is obliged to:
    a. pay the Price for the Course,
    b. participate in Lessons according to the Course schedule; the Customer is not entitled to a refund of the paid Price for the Course or its part if he does not participate in the Lessons after payment of the Price for the Course, unless otherwise stated in these GTC or unless otherwise agreed,
    c. get acquainted with technical requirements and restrictions that may affect the quality of the online Course and which are published on the Provider's website,
    d. check the Internet connection in good time, as well as the microphone and camera settings, as well as check any technical restrictions according to the Provider's instructions stated on the website. The Provider is not responsible for the quality of the Lesson due to the restrictions on the part of the Customer,
    e. sign up for the agreed Lesson on time, cooperate with the lecturer and prepare for the Lessons according to the assignments he/she will receive from the lecturer as "homework", including active use of the provided teaching materials and aids, unless otherwise agreed,
    f. exhaust the purchased Course by the end of the period of validity of the purchased Course specified in the Price list,
    g. protect the password and access data of the Course provided by the Provider, do not share them or otherwise provide them to third parties,
    h. not to damage the good name of the Provider.
  3. The creation of a Lesson reservation in the reservation system on the Provider's website is considered to be a drawdown of the Course. One week before the end of the validity of the Course, the Customer will be notified of this fact via e-mail sent to the e-mail address specified in his/her registration data. If the Customer does not use up the purchased Course by the end of the validity of this Course, the Service is considered to have been duly provided and the Customer is not entitled to compensation for unused Lessons or to a refund of an aliquot of the Price for the Course.
  4. Non-participation in the Lesson of the Course by the Customer is governed by the following conditions:
    a. The Customer is obliged to inform the Provider via the Provider's website in the section "My reservations", according to the instructions provided on the Provider's website, that he/she cancels the specified Lesson of the Course. If the Customer does not make this notice 24 hours before the scheduled start of the Lesson at the latest, the Lesson is considered properly provided and the Customer is not entitled to a substitute Lesson or a refund of an aliquot of the Price for the Course.
    b. If the Lesson is canceled by the Provider or the Customer within 24 hours before the scheduled start of the Lesson, the credits for such a properly canceled Lesson will be immediately credited to the Customer's user account and the Customer may complete the missed Lesson(s) at an alternative date, which he/she chooses and reserves according to the availability calendar in the reservation system on the Provider's website.
    c. If the Lesson is canceled by the Provider without notification to the Customer within the period under Art. V (4) letter b), credits for such a canceled Lesson will be immediately credited to the Customer's account and the Customer may complete the missed Lesson(s) in an alternative term, which he/she chooses and reserves according to the availability calendar in the reservation system on the Provider's website.
    d. If the Participant does not participate in the Lesson for any reason, this Lesson is considered as fulfilled and the Provider applies the procedure according to provisions of Art. V (4) letter a) of the GTC.
    e. If for any reason the Participant does not repeatedly prepare for Lessons, does not communicate and/or cooperate with the lecturer, the lecturer is entitled to end the Lesson earlier, this Lesson is considered as fulfilled and the Provider applies the procedure according to provisions of Art. V (4) letter a) of the GTC.
  5. The Provider has the right to require the Customer to complete a knowledge test in order to place him/her in the appropriate level of the Course.
  6. The Provider is entitled to cancel the Course before its start without giving a reason. Any cancellation of the Course must be notified to the Customer in advance. In such a case, the Customer is entitled to a refund of the full amount of the Price already paid for the Course.
  7. For serious reasons, the Provider may cancel the Course during it. In such a case, the Customer is entitled to a refund of an aliquot part of the already paid Price for the Course corresponding to the number of credits that have not been used. The conversion of the price value of credits is published on the Provider's website.
  8. The Provider reserves the right to assign lecturers for individual Courses, resp. Lessons. The Provider reserves the right to change the lecturer in the Course at any time. The fact that there has been a change of lecturer in the Course is not a reason for a complaint by the Customer and does not entitle him/her to a refund of the Price for the Course.
  9. In the event that the Customer's person is not the same as the person of the Course participant, the Customer is obliged to notify the Provider of the Course participant's data in the scope of name and surname.
  10. In the event that the Customer's person is not the same as the Course participant, the Customer is fully responsible for fulfilling the obligations arising from the Agreement.

Article VI

Price and payment terms - Courses

  1. Before sending the Order with the obligation to pay, the Customer has the opportunity to get acquainted with the total Price for the Course, including VAT, other taxes, and all other costs and fees.8
  2. The Price for the Course is the price determined on the basis of the selected variant and the category of the Course according to the Price list. The Price for the Course also includes teaching materials and aids provided to the Customer by the Provider.
  3. Participation in the Course is conditioned by the payment of the Price for the Course by the Customer within the due date stated on the invoice, usually 1 day from the date of concluding the Agreement. The Customer is obliged to pay the agreed Price in accordance with the Agreement. The crediting of the relevant amount of money to the Provider's bank account is considered to be the payment of the Price for the Course.
  4. The Customer is obliged to pay the Price for the Course by cashless payment card to the Provider's bank account via the User interface of the Provider's website secured by the TrustPay or PayPal payment gateway. Cashless payment of the Price for the Course means the crediting of the entire Price for the Course to the Provider's bank account.
  5. In the event that the Customer does not pay the Provider the Price for the Course within the period pursuant to provisions of Art. VI (3) of the GTC, the Provider is entitled to withdraw from the Agreement.
  6. The Provider shall deliver the invoice to the Customer electronically to the e-mail address specified in the Customer's registration data.

Article VII
Translation

  1. The subject of the Agreement is the provision of the Service for consideration - processing of the Translation from/into the selected foreign language offered by the Provider.
  2. The Customer orders a Translation from/into a foreign language from the options offered by the Provider on the Provider's website.
  3. Within the Order questionnaire, the Customer chooses a foreign language, the form of output (electronic and/or on a material medium), and the required translation date.
  4. The price for the Translation will be calculated on the basis of the Price list valid at the time of creating the Order.

Article VIII
Rights and obligations - Translations

  1. The Customer has the right:
    a. for free Registration on the Provider's website,
    b. to be provided with cooperation by the Provider.
  2. Customer is obliged to:
    a. pay the Price for the Translation determined on the basis of the Price list according to the invoice issued by the Provider,
    b. send the assignment of the Translation, i.e. the text to be translated from/into the chosen foreign language to the Provider according to the conditions agreed in the Agreement,
    c. immediately inform the Provider of any changes and circumstances that have a potential impact on compliance with the terms of the Agreement,9
    d. not to damage the good name of the Provider.

Article IX
Price and payment terms - Translations

  1. Before sending the Order with the obligation to pay, the Customer has the opportunity to get acquainted with the total Price for the Translation, including VAT, other taxes, and all other costs and fees.
  2. The Price for the Translation is determined on the basis of the scope, category of the text (professional, scientific, etc.), and the agreed date according to the Price list unless otherwise agreed
  3. The Customer is obliged to pay the Price for the Translation within the due date stated on the invoice issued by the Provider. Payment of the Price is considered to be the crediting of the relevant amount of money to the Provider's bank account.
  4. The Customer is obliged to pay the price for the Translation by cashless payment card to the Provider's bank account via the User interface of the Provider's website secured by the TrustPay or PayPalpayment gateway. Cashless payment of the Price for the Translation means the crediting of the entire Price for the Translation to the Provider's bank account.
  5. Delivery of the prepared text of the Translation is conditioned by the payment of the Price for the Translation by the Customer within the due date stated on the invoice.
  6. In the event that the Customer does not pay the Provider the Price for the Translation within the due date, the Provider is entitled to withdraw from the Agreement, unless otherwise agreed.

Article X
Rights and Responsibilities of the Provider

  1. The Provider has the right to:
    a. a proper and timely payment of the Price for the Customer's Service,
    b. adjust the Price for the Services offered on the Provider's website; the price adjustment does not apply to a Service which is the subject of an already concluded Agreement,
    c. cancel the Order or not to enter into the Agreement (or to withdraw from the Agreement) if the Customer has stated in the Order false or incorrect data that cannot be verified, such as incorrect e-mail, telephone contact or incorrect or non-existent address, and therefore it is not possible to fulfill the Order, immediately after finding out such a fact. If the Customer has paid the advance, the Provider is obliged to return the advance within 14 days of the cancellation of the Order.10
    d. be provided with cooperation on the part of the Customer.
  2. The Provider reserves the right to agree on individual conditions of cooperation on the basis of an agreement with the Customer.
  3. The Provider is responsible for the quality level of the Course in accordance with the standards of online language Courses and the quality of the Translation in accordance with the knowledge of translation practice and translation standards.
  4. The Provider is obliged to:
    a. enable the Customer to register on the Provider's website,
    b. provide the Customer with the ordered Service in the quality and under the conditions agreed with the Customer.
  5. The Provider is obliged to ensure adequate protection of the Customer's personal data in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) and Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts.
  6. In the event of a breach of the terms of the Agreement or the GTC by the Customer, the Provider reserves the right to withdraw from the Agreement, unless otherwise provided by law. In such a case, the Customer is obliged to compensate the Provider for any and all damage, in particular, to reimburse the Provider for all costs associated with his/her Order, in particular, the costs of Services already provided.

Article XI
Customer Registration

  1. Customer Registration on the Provider's website is voluntary and free.
  2. Any natural person who is interested in Registration can register on the Provider's website and create a Customer account. A person under the age of 16 may register if his/her legal representative (parent, guardian) agrees to the processing of personal data at the e-mail address: info@perezoso.eu.
  3. Registration on the Provider's website is not a condition for concluding the Agreement but is a condition for participation in the Course due to the use of the application, communication with the Provider, use of the reservation system, allocation and/or drawing credits, use of teaching aids and texts and the like.
  4. Customer Registration can also be done through the Customer's account on the social network Facebook or through an account on the Google platform.
  5. The Customer is obliged to fill in the required data truthfully, accurately and completely during Registration.
  6. The Customer is responsible for the accuracy, truthfulness and continuous updating of all his registration data.
  7. After successful Registration, the Customer can log in to his account using his login details. Login details are confidential.11
  8. Registration on the Provider's website allows the Customer to edit personal data, monitor the credit account in the relevant Course, the status of discounts, use the reservation system of Courses and the like.
  9. The Customer is obliged to immediately inform the Provider of any suspicion of misuse of his/her registration data by a third party.
  10. In case of reasonable suspicion, the Provider is entitled to block the Customer's registered account and, if necessary, request the Customer to change his login data.
  11. The Provider is not liable for damage caused to the Customer and/or third parties in connection with the Registration due to an error on the part of the Customer.
  12. The Provider is entitled to cancel the Customer's registered account at any time, even without prior notice to the Customer, if the interests of the Provider are endangered on the basis of the Customer's activities and if the Customer performs any activities adversely affecting the functionality and effectiveness of the Provider's website.
  13. Customer Registration expires with:
    a. termination of the provision of the Registration service by the Provider,
    b. cancellation of Registration at the request of the Customer,
    c. death of the Customer.

Article XII
Return policy

Part A) Introductory provisions

  1. The Customer's rights from defective performance are governed by the relevant generally binding legal regulations and, in accordance with the provisions of the GTC, the Return policy section (hereinafter referred to as the “Return policy”).
  2. When exercising the rights arising from defective performance, the Provider shall proceed in accordance with the Return policy.
  3. The Customer is obliged to get acquainted with the current wording of the complaint procedure before sending the claim.
  4. This Return policy applies to Services that are the subject of the Agreement concluded by means of a Distance contract on the Provider's website www.perezoso.eu.
  5. The Provider is liable for defects in performance under the Agreement.
  6. The Provider's performance under the Agreement is defective if it does not correspond in qualitative or quantitative terms to the Agreement.

Part B) Submitting a claim

  1. The Customer is obliged to file a complaint with the Provider immediately after finding out about the defect of performance.
  2. Before making a complaint, the Provider recommends to thoroughly check whether the error is not caused by settings or incorrect use of the Service, which is in conflict with the Provider's instructions.
  3. The Customer can submit a claim in the following way: 
    a. via e-mail sent to the e-mail address: info@perezoso.eu
    b. by post to the address perezoso, s.r.o., Štefánikova 268/21, 029 01 Námestovo, Slovakia.
  4. The moment of claiming liability for defects in performance - a claim is considered the moment of delivery of an e-mail message or delivery of a letter to the Provider.
  5. If the Customer files a complaint, the Provider or an employee authorized by him is obliged to inform the Customer about his rights arising from the assertion of claims for liability for Service defects.
  6. The Provider informs the Customer that the claim, if justified, can be settled by:
    a. providing the Service in the agreed quality and specification,
    b. returning the Price for the provided Service,
    c. paying a reasonable discount on the Price for the Service,
    d. reasoned rejection of the Service claim.
  7. The method of handling the complaint will be determined immediately, in complex cases within 3 working days, in justified cases, especially if a complex technical evaluation of the state of the Service is required, no later than 30 from the date of submitting the claim.

Part C) Claims Handling Procedures

  1. If the Provider acknowledges the Customer's claim as justified, it will provide a remedy at its own expense. The claim will be settled immediately after determining the method of handling the complaint, no later than within 30 days.
  2. The Provider will handle the claim by:
    a. providing the Service in the agreed quality and specification,
    b. returning the Price for the provided Service,
    c. paying a reasonable discount on the Price for the Service,
    d. reasoned rejection of the Service claim.
  3. Replacement of a lecturer in a Course does not represent a valid reason for the claim.
  4. The reason for the complaint cannot be technical problems on the part of the Customer (e.g. weak internet connection, incorrect handling of Electronic content, the insufficient configuration of a mobile phone, computer, or tablet), nor teaching materials and aids.

Part D) Procedure for/after submitting a claim

  1. When submitting a claim, the Provider will issue a confirmation of the claim to the Customer. If the complaint is made by means of long-distance communication, the Provider is obliged to deliver the confirmation of the complaint immediately; if it is not possible to deliver the confirmation immediately, the Provider shall deliver it without undue delay, but no later than together with the proof of the complaint; the confirmation of the claim need not be delivered if the Customer has the opportunity to prove the claim in another way. The confirmation of receipt of the complaint will contain, among other things, the identification of the Provider and the Customer, which is the content of the complaint according to the Customer, what method of handling the complaint requires, date and place of receipt of the complaint and signature of the Provider's employee.13

Part E) Rejection of the claim and cases when the Customer does not have the right to submit a claim

  1. The Customer does not have the right to submit a claim if he/she:
    a. does not report obvious Service defects immediately after their discovery,
    b. if the Service defect is caused by the Customer,
    c. if the Service defect was caused by unavoidable and/or unforeseeable events,
    d. if the Service defect was caused by the intervention of an unauthorized person and/or in violation of the GTC.
  2. The Provider informs the Customer about the platform of the internet system of dispute resolution between Consumers and entrepreneurs at the level of the European Union, which is provided by the European Commission in order to increase the security and fairness of online shopping through access to quality dispute resolution tools. More detailed information is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  3. The Provider informs the Customer about the possibility to contact the Consumer Protection Company, which provides free advice to Consumers in its branches. Contact: Consumer Protection Company, Nábr. Jána Pavla II 439/16, 058 01 Poprad, tel.: 0944 533 011, e-mail: info@sospotrebitelov.sk.

Article XIII
Withdrawal from the Agreement

  1. By the withdrawal from the Agreement, the Agreement shall be terminated from the beginning.
  2. The Provider has the right to withdraw from the Agreement if, in particular:
    a. The Customer did not pay the agreed price properly and on time,
    b. In previous contractual relations in relation to the Provider, the Customer has breached its obligations in a material manner,
    c. this right derives from applicable law (e.g. force majeure).
  3. If the Provider withdraws from the Agreement, it is obliged to immediately inform the Customer to the electronic address specified in the registration data when creating the Order. Furthermore, he is obliged to return the full Price for the Service to the Customer, if it has already been paid, without delay, but no later than within 14 days from the date of withdrawal of the Purchase Agreement.
  4. The Customer has the right to withdraw from the Agreement if:
    a. The Provider did not deliver the Service properly and on time,
    b. The Provider has not settled the complaint within 30 days from the exercise of the rights from the liability for Service defects,
    c. without giving a reason within 14 days from the conclusion of the Agreement under the conditions specified in the GTC.
  5. The Provider is obliged to return the Price for the Service paid to the Customer within 14 days from the date of withdrawal from the Agreement in the manner in which the14 Customer paid this Price for the Service or if the Customer so desires, the Provider will return the Price for the Service to the bank account designated by the Customer.

Article XIV
Withdrawal from the Agreement by the Customer without giving a reason

  1. The Customer acknowledges and unconditionally agrees that in the event that prior to sending the Order to the Provider expressly agreed to start providing the Service and/or Electronic content before the expiration of the Statutory Agreement withdrawal period, he/she loses the right to withdraw from the Agreement.
  2. The Customer acknowledges and unreservedly agrees that if he withdraws from the Agreement after giving the Provider explicit consent to start providing the Service and/or Electronic content before the expiration of the Statutory Agreement withdrawal period, he/she is obliged to pay the Provider the price for the performance until the day of delivery of the notice of withdrawal in accordance with the Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance.
  3. If the Agreement is concluded remotely (via the Provider's website) or outside the Provider's premises, and at the same time if the Provider provided the Customer in timely and proper manner information on the right to withdraw from the Agreement, conditions, deadline, and procedure for exercising the right to withdraw from the Agreement and while fulfilling the facts required by law, the Customer under the Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance has the right to withdraw from the Agreement without giving a reason and without any penalty within 14 days from the date of conclusion of the Agreement (hereinafter "withdrawal from the Agreement”).
  4. The Statutory Agreement withdrawal period is considered to have been observed if the notice of withdrawal from the Agreement was sent to the Provider no later than on the last day of the Statutory Agreement withdrawal period.
  5. If the Provider has provided the Customer with information pursuant to the previous paragraph only subsequently, but no later than within 12 months from the beginning of the Statutory Agreement withdrawal period pursuant to the previous paragraph, the Statutory Agreement withdrawal period shall expire 14 days from the date when the Provider additionally fulfilled the information obligation.
  6. If the Provider has not provided the Customer with the information required by law regarding the possibility and method of withdrawal from the Agreement or in an additional period under the previous paragraph, the period for withdrawal from the Agreement shall expire 12 months and 14 days from the date of conclusion of the Agreement.
  7. If the Customer notifies the Provider that he/she withdraws from the Agreement within the Statutory 14-day period for withdrawal from the Agreement, except in cases where the Customer has agreed to start providing the Service and/or Electronic content before the expiry of the Statutory Agreement withdrawal period, the Agreement shall be canceled from the beginning. To withdraw from the Agreement, the Customer may use15 the general form for withdrawal from the Agreement delivered to the Customer by the Provider. The above form shall state at least the name and surname of the Customer, the Order number, the designation of the Service and if the Customer requests a refund of the Price for the Service to the bank account, the Customer shall state the account number (IBAN) for the return of the Price for the Service.
  8. The Customer acknowledges that in accordance with the provisions of the Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance, he/she may not withdraw from the Agreement, the subject of which is:
    a. provision of Services, if the provision has begun with the express consent of the Consumer and the Consumer said that he/she was well-informed that the expression of such consent means losing his/her right of withdrawal from the Agreement after full disclosure of the Service and if the full Service has been provided,
    b. providing Electronic content other than on a tangible medium if the provision has begun with the express consent of the Customer and the Customer said that he/she was well-informed that by expressing consent, he/she loses his/her right of withdrawal from the Agreement.
  9. If the Customer withdraws from the Agreement justifiably, the Provider is obliged without undue delay, no later than 14 days from the withdrawal from the Agreement, to return all funds/payments in the same way as the Customer used in his payment. The Provider will return the received funds/payments to the Customer in another way if the Customer has agreed to this, and unless he/she incurs additional costs.
  10. If the Customer withdraws from the Agreement unjustifiably and/or in conflict with the applicable legislation, the Provider is not obliged to return the funds/payments to the Customer.
  11. If the Customer withdraws from the Agreement, in accordance with the provisions of the Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance, he/she is not entitled to a refund of the additional Service if the subject of the supplementary contract is the provision of the Service and if this Service (especially prices for cash on delivery service).
  12. The Agreement withdrawal form is also available at http://jaspi.justice.gov.sk/jaspidd/vzory/014102Pr2.pdf.
  13. In the event that the Customer fails to fulfill any of its above obligations under the GTC, withdrawal from the Agreement is not valid and effective and the Provider is not obliged to return all demonstrable payments under the GTC to the Customer and is entitled to reimbursement of additional costs in this connection related to the provision of the Service to the Customer.

Article XV
Alternative Dispute Resolutions

  1. In the event that the Customer is not satisfied with the manner in which the Provider has handled its complaint or believes that the Provider has violated its rights, it has the right16 to contact the Provider with a request for redress. If the Provider does not respond to the Customer's request within 30 days from the date of its sending to the Customer or has replied in the negative, the Customer has the right to file a motion to initiate alternative dispute resolution under the provisions of the Act on Alternative Dispute Resolution.
  2. The relevant subject of alternative dispute resolution is the Slovak Trade Inspection and a legal entity registered in the list maintained by the Ministry of the Interior of the SlovakRepublic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-rieseniespotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskychsporov-1), while the Customer has the right to choose which of the listed entities to turn to. The Customer's ability to go to court is not affected.
  3. The proposal for the alternative resolution of Consumer disputes must include:
    a. name and surname of the Customer, address for delivery, electronic address and telephone contact, if any,
    b. the exact designation of the Provider,
    c. a complete and comprehensible description of the decisive facts,
    d. indication of what the Customer demands,
    e. the date on which the Customer turned to the Provider with a request for redress and information that the attempt to resolve the dispute directly with the Provider was unsuccessful,
    f. a statement that the case has not been sent the same proposal to another ADR entity, the court or arbitral tribunal has not decided the case, no mediation agreement has been concluded or the dispute has not been terminated in accordance with the Act on Alternative Dispute Resolution for Consumers,
    g. documents relating to the subject-matter of the dispute which prove the facts set out in the application.
  4. The reasons on the basis of which the ADR entity may refuse to resolve a dispute under the Act on Alternative Dispute Resolution for Consumer Disputes are the following:
    a. if the Customer submits a proposal after one year from the date of delivery of the negative response by the Provider to the Customer's request for redress or the vain expiration of the 30-day period from the day when the Customer sent the Provider a request for redress to which the Provider did not respond,
    b. if the Customer did not demonstrably try to resolve the dispute by communicating with the Provider before submitting the proposal,
    c. if the quantifiable value of the dispute does not exceed EUR 20;
    d. if the matter to which the petition relates has already been dealt with by the entity and the Customer has been informed of the outcome of its submission, the petition does not contain any new facts and an alternative dispute resolution would be manifestly ineffective in all circumstances,
    e. if, in the light of all the circumstances, it is clear that alternative dispute resolution would only be possible with inadequate efforts and such.
  5. To submit a proposal, the Customer may use the form, a sample of which is given in Annex no. 1 of the Act on Alternative Dispute Resolution and which is also available on17 the website of the Ministry of Economy of the Slovak Republic and any ADR entity, i.e. the Slovak Trade Inspection Authority. Contact details of the Slovak Trade Inspection: Ústredný inšpektorát Slovenskej obchodnej inšpekcie, P.O. Box 29, Bajkalská 21/A, 827 99 Bratislava. Address for submission of submissions in electronic form: ars@soi.sk, adr@soi.sk, tel.: 02/5827 2123.

Article XVI
Protection of trade secrets,
confidential information and copyright

  1. The Provider and the Customer undertake to maintain the confidentiality of all confidential and classified information and facts learned in connection with the performance of the Agreement, unless compliance with the obligation of confidentiality would violate the obligation arising from generally binding legal regulations. The Contracting parties undertake to inform in writing of this fact.
  2. Confidential and classified information within the meaning of the preceding paragraph shall be considered to be all information which is so marked or whose confidentiality results from its nature, and in the event of disclosure, they may cause harm to the Provider, regardless of whether they are in the nature of personal, business, technical or other information. The Customer undertakes to keep this information confidential, in particular not to provide it to another person without the Provider's consent, not to use it for any purpose other than the performance of the Agreement and not to use it in any other harmful way.
  3. The duty of confidentiality remains in force even after the performance of the Agreement.
  4. The Provider is the owner of the copyright to the work, which for the purposes of the Agreement means the content of the Course created by the Provider, including teaching materials and aids. The subject of the Agreement is not the provision of consent for the use of the work in accordance with Act no. 185/2015 Coll. Copyright Act (hereinafter the "Copyright Act"). The Customer may not provide access data to his user account on the Provider's website, make copies of teaching materials and/or aids, or otherwise, make the content of the Course available to third parties.
  5. In the event of a proven breach of the duty of confidentiality pursuant to this Article of the GTC, the injured Contracting party is entitled to claim compensation for the damage incurred.

Article XVII
Final Provisions

  1. The current wording of the GTC and the Price list are available on the Provider's website.
  2. In the event that the Provider and the Customer enter into a written Agreement in which they agree on conditions different from this GTC, their contractual relationship will be interpreted in accordance with the concluded written Agreement.
  3. In the event that any provision of the GTC becomes invalid or unenforceable, it will not affect the validity of other provisions.
  4. The Agreement between the Provider and the Customer can be changed only on the basis of a written agreement agreed by both Contracting parties, or on the basis of confirmed e-mail communication of the Contracting parties.
  5. The wording of the GTC is binding for the Customer and the Provider.
  6. The General Terms and Conditions are valid and effective from 07.04.2021.

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e-mail: info@perezoso.eu
phone: +421 902 160 922
address: perezoso, s. r. o., Štefánikova 268/21, 029 01 Námestovo, Slovakia.

In Námestovo, 07.04.2021.

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