VOP | Pavla Blackmore

General terms and conditions

I. Basic Provisions

1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") regulate, in accordance with

§ 1751 (1), § 1746 (2) et seq. of Act No. 89/2012 Coll., Civil Code

Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations arising in

in connection with or on the basis of a contract of sale (hereinafter referred to as the "contract of sale"), or

a contract for the provision of consultancy services (hereinafter referred to as the 'consultancy contract'), or

membership contracts (hereinafter referred to as 'membership contracts') (purchase contract, contract for

consultancy agreement) concluded between the operator

and the customer via an online shop (hereinafter referred to as "online shop

shop").

2. The operator of the website www.pavlablackmore.com

is a natural person: Ing. Pavla Marie Blackmore

ID: 48905089

Registered office: Tyršova 445, Slavkov u Brna, 684 01

E-mail: blackmore.pavla@centrum.cz

The operator is also referred to as the seller.

3. Customer means any visitor to the website

of the Operator at www.pavlablackmore.com who, through

the online shop has sent a proper order or a request for the provision of

advice, or an order for membership of an online programme. A customer who

has placed a valid order via the online shop, shall furthermore

is also referred to as the buyer. An entrepreneur is anyone who independently carries on

his own account and responsibility for a gainful activity by means of a trade or

similar manner with the intention of doing so on a continuous basis for the purpose of achieving

profit. A consumer is any person who, outside the scope of his business

activity or outside the scope of the independent exercise of his profession concludes

contract with or otherwise deal with a trader.

4. For the duration of the contractual relationship arising from the order, the

the contract shall be stored with the operator, who shall give the customer access to it at

upon his written request. If electronic means are used to conclude the contract

means of communication, the operator shall inform the customer that the concluded

the contract is, if the customer fills in the form available on the Internet

the operator's website is archived in electronic form.

5. The contract is concluded in the Czech language.

6. The Provider is a VAT payer.

7. All payments are accepted in Czech crowns (CZK) or euros (EUR).

8. Costs incurred by the customer when using electronic means

remote communication in connection with the conclusion of contracts under the GTC (in particular

Internet connection costs) shall be borne by the Customer.

9. The payment of the purchase price or membership shall be understood as the crediting of the

amount to the operator's account.

II. Sale of goods / Provision of advice

a) Conclusion of the contract

1. The seller makes available information about the goods to be sold

via the online shop and/or via other online

sales tools. In addition to the information about the goods for sale, the seller shall

shall also make available through the online shop the offer

the offer of advice provided. Unless otherwise stated, the following shall apply

the above conditions also apply to the provision of advice.

2. The Seller's online shop enables customers in particular to

viewing the currently offered goods, including the prices of individual goods,

searching for the desired items and ordering the selected goods. Prices of goods

are inclusive of value added tax and all related charges.

The prices provided at the time of ordering are final prices. The prices of the goods remain in

valid for as long as they are displayed in the online shop

Seller's website. This provision is without prejudice to the Seller's ability to conclude

purchase contract on individually agreed terms.

3. All presentation of goods placed on the website of the online shop is

informative and the seller is not obliged to conclude a purchase contract

regarding these goods. The Seller excludes the application of the provisions of § 1732 paragraph 2

of the Civil Code.

4.The Buyer orders goods electronically directly from the Internet

via a form created for this purpose (hereinafter referred to as

"The form contains in particular information on: (i) the goods ordered and

the quantity, (ii) the method of payment of the purchase price of the goods, and (iii) personal details

necessary for the proper conclusion of the contract and delivery of the ordered goods (hereinafter referred to as

"Order").

5. By submitting an Order, the Customer confirms that he/she has read these GTC and that he/she agrees to

agree to them. These terms and conditions form an integral part of the concluded purchase contract.

contract.

6. The buyer sends the form to the seller by clicking on the "send

order". The data provided in the order form are considered by the Seller as

correct. The order thus delivered shall constitute a valid and binding proposal for

conclusion of a purchase contract if it contains all the elements required

form. The Seller shall promptly confirm to the Buyer that

receipt of the order. The purchase contract is concluded at the moment when the Seller

confirms the order and such order confirmation is delivered to the Buyer.

7. The Seller reserves the right not to confirm the order or any part thereof or

withdraw from a confirmed order in the event that the Seller has already

does not deliver and/or the price of the goods has changed substantially. In the event that this situation

occurs, the Seller will immediately contact the Buyer for the purpose of

the buyer to agree on a further course of action. If the buyer has already paid part or all of the

of the purchase price, this amount will be transferred back to the buyer's account or

address as soon as possible and within 10 working days, at the latest

30 days after the non-confirmation or cancellation of the order by the

the seller.

8. The Seller further reserves the right to refuse an order from a Buyer who

has failed to properly and timely pay for the goods ordered in the past.

b) Delivery and payment of the purchase price

1. If the purchase contract is concluded in accordance with Article II, paragraph a) hereof

terms and conditions, the seller shall deliver the goods to the buyer via the specified

electronic address, within the time limit specified in the online shop or in the

the time limit which is individually agreed between the parties. In the event that

the goods are not delivered within the time limit set, the buyer is obliged to inform

the seller and the seller shall remedy the situation within 5 days of receiving the information from

the buyer.

2. The Buyer may pay the price of the goods to the Seller in the following ways: (i)

online payment by credit card, (ii) wire transfer to an account, (iii) recurring

(iii) collection payment.

3. Případné slevy z ceny zboží poskytnuté prodávajícím kupujícímu nelze

be combined with each other.

4. If it is customary in the course of trade or if it is generally provided for

mandatory legal regulations, the seller shall issue a

on the basis of the Purchase Agreement, the Buyer shall be issued with a tax document - an invoice. Tax document

- invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in

electronically to the Buyer at the specified electronic address.

c) Delivery and payment of the purchase price of the consultancy

1. The consultancy is provided by Ing. Paula Marie Blackmore (hereinafter referred to as the "Provider")

in person or by telephone, with a call to the Purchaser by the Provider. In person

consultations take place at a pre-arranged location. The Provider is

is entitled to provide advice through a third party who is personally

trained in the methods used in the counselling (hereinafter referred to as 'therapist').

The provider is obliged to inform the client in advance.

2. The counselling starts at the precisely agreed hour. In the event that

the buyer is not ready for the consultation at the agreed hour, the missed time

will be counted towards the consultation time. If the consultant is not available at the agreed hour

the provider will make up the missed time to the buyer at an alternate time.

time. If the consultation does not take place for reasons on the buyer's side without

the client has given at least 24 hours' notice of his/her absence, the

the consultation is deemed to have taken place.

3. The Provider undertakes to maintain confidentiality of all facts,

which concern the privacy or business secrets of the client and the disclosure of which

could lead to damage to the purchaser. The content of the consultation is confidential.

The therapist is also obliged to comply with the confidentiality obligations.

4. The therapist is also obliged to fulfil all obligations concerning the provider.

5. Neither the provider nor the therapist shall be liable for

the results of the client's intellectual or business development, as these are dependent on

on the overall mental development work. Counselling provided

is not a substitute for health care.

6. For the payment of the purchase price of the consultancy, the provisions of Article

II.

b) of the GTC.

d) Rights from defective performance

1. The rights and obligations of the parties with regard to rights of defective performance are governed by

the applicable generally binding regulations (in particular §§ 1914 to 1925,

§ Sections 2099 to 2117 and 2161 to 2174 of the Civil Code).

2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular

the seller shall be liable to the buyer that at the time the buyer took delivery of the goods: a) it has

the goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics,

which the seller has described or which the buyer expected in view of the nature of the

the goods and on the basis of the advertising carried on by them, (b) the thing is fit for the purpose for which it

the seller states or for which a thing of that kind is usually

if the quality or workmanship was determined by reference to the agreed sample or

(d) the item is in the appropriate quantity, measure or weight; and (e) the item

complies with the requirements of the legal provisions. If the defect becomes apparent within six

months after receipt, the item shall be deemed to have been defective upon receipt.

3. The buyer is entitled to exercise the right to claim for a defect that occurs in the goods at the time of

12 months after receipt.

4. If the defective performance is a material breach of the purchase contract, the buyer shall

a) to have the defect removed

by delivery of new goods without defect or by delivery of the missing goods, b) to

to the removal of the defect by repairing the item, c) to a reasonable discount on the purchase price, or d)

to withdraw from the contract of sale. The buyer shall inform the seller of the right he has chosen,

upon notification of the defect or without undue delay after notification of the defect.

The buyer cannot change the choice made without the seller's consent, except

in the cases provided for in § 2106 paragraph 2 of the Civil Code. If the defective performance

defective performance is an insignificant breach of the purchase contract, the buyer shall have in particular the rights under Section

2107 of the Civil Code, namely to have the defect removed or to have a reasonable

discount on the purchase price. If the seller does not remove the defect in time or the defect

refuses to remove the defect, the buyer may demand a discount on the purchase price, or may

withdraw from the purchase contract. The buyer cannot change the choice made without

the seller's consent.

5. The Buyer shall exercise the rights arising from the defective performance with the Seller ("claim"), namely

via the Seller's e-mail. The moment of the claim shall be deemed to be

the moment when the Seller receives the Claim from the Buyer. Seller

shall provide the Buyer with written confirmation of when the Buyer's right to

the Buyer has exercised the right, what is the content of the claim and the manner in which the Buyer

the seller is obliged to issue a confirmation of the date and method of

the date of the settlement of the claim, including confirmation of the repair and the duration of the repair,

where applicable, a written justification for the rejection of the complaint. The Seller or the Seller's

authorised officer shall decide on the complaint immediately, or in complex cases within three

working days. This time limit shall not include the time appropriate to the type of

of the goods required for a professional assessment of the defect. Complaints including removal

the defect must be settled without undue delay, at the latest within 30 days of

30 days after the claim is made, unless the seller and the buyer agree otherwise.

e) Other rights and obligations of the parties

1. The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

2. The Seller shall not be bound by any code of conduct in relation to the Buyer in

within the meaning of Section 1826(1)(e) of the Civil Code.

III. Membership in the online programme

a) Conclusion of the contract

1. The Operator makes available information about the online programmes intended for

for sale via the online shop and/or via other

online sales tools.

2. the Seller's online shop shall enable customers in particular to

to view the currently offered online programmes, including prices for

membership of the online programmes. The prices for membership of the online programmes are listed

including value added tax and all related fees. Provided by

prices provided at the time of ordering are final prices. Prices for membership of online programs

remain in effect for as long as they are displayed in the online store.

This provision is without prejudice to the operator's ability to enter into a contract for

membership on individually negotiated terms.

3. Any presentation of the online programmes on the website of the online shop

online shop is of an informative nature and the seller is not obliged to conclude

membership contract. The operator excludes the application of the provisions of § 1732 paragraph 2

of the Civil Code.

4. By submitting an order, the customer confirms that he/she has read these GTC and that he/she agrees to

agree to them. The customer is notified of these GTC before the actual

the execution of the order, and thus has the opportunity to acquaint himself with them sufficiently

familiar with these Terms and Conditions. Before placing an order, the customer has the opportunity to

to check and correct the data filled in by him.

5. The Operator is not bound by any code of conduct within the meaning of §1826 (1).

(b) of the Civil Code.

6. The individual technical steps leading to the conclusion of the contract are carried out

via the online shop. Any errors in the order may

corrected by the customer via an electronic message sent to the operator.

7. The membership contract is created either by the first access to the electronic version

of the content delivered to the customer on the basis of an order placed by the customer with

Operator, or by payment of the membership price to the Operator's account, whichever is applicable,

whichever occurs first.

8. Access to the digital content is provided through the access

access to the user account.

9. Membership is available depending on the online program.

10. Membership orders can be placed through the online shop.

11. The customer is obliged to provide true information in the order, to the following extent

(unless otherwise stated): (i) the items ordered, (ii) the method of payment, (iii) the

personal data necessary for the proper conclusion of the contract.

12. the Operator shall confirm the Customer's acceptance of the order by giving the Customer

by sending an invoice - tax document or advance invoice (hereinafter referred to as "the document") with

the membership details.

13. The Customer shall immediately notify the Publisher of any changes to the details of

specified in the order. If the Customer fails to notify the Publisher of any changes to the details set out in

the order, the Customer shall be liable for damages caused thereby, including loss of the right to

the loss of the right to make a claim.

b) Payment

1. Upon receipt of the order, each customer shall receive a receipt from the operator, namely

in electronic form, which must be paid within the due date thereon

stated in the due date. In this context, the customer agrees to the issuance and

sending advance invoices and invoices to the electronic address provided for this purpose

chosen by the customer.

2. The customer may pay the membership price according to the membership agreement to the operator

(i) online payment by credit card; (ii) by wire transfer

(iii) by recurring collection payment.

1. Membership may be terminated by agreement of the parties.

2. The Operator may terminate the contract in the following cases: a)

if the customer has not paid the fee within the specified time limit; (b) if the

(b) the capacity of the online program is filled before the customer's payment is credited to the

the operator's account and the number of participants is no longer possible for capacity reasons.

increase. Priority is given to previously paying customers or customers who have paid the full

payment. The date of payment is the date the payment is credited to the operator's account.

d) Rights and obligations of the operator

1. The Operator undertakes to establish access to the server by activating the product to

the assigned username and password of the customer in accordance with the accepted

Customer's order.

2. The Operator undertakes to provide server services 24 hours a day.

3. The Operator shall not be liable for any damages, directly or indirectly

caused by the customer's use of the published data. The Operator also reserves the right to

reserves the right to change the data on the server without prior notice.

published.

4. The Operator is not responsible for the quality of the access routes to the server.

5. The operator reserves the right to immediately and without any further claims

to deactivate the username and password of a customer who has violated his/her obligations

contained in Article III, paragraph e) of these GTC.

e) Rights and obligations of the Customer

1. The Customer undertakes to pay the membership price in accordance with the membership agreement.

2. The Customer undertakes to use the products and services of the server in accordance with this

Article.

3. The Customer agrees to keep his/her username and password confidential.

4. The Customer is obliged to use the content made available by the Operator.

of the digital product for his/her own use only and not to redistribute it to third parties,

or use it for any purpose other than that for which it was provided. The right to use

The right to use the services of the server is non-transferable, i.e. it applies exclusively to the person named in

order.

5. The customer acknowledges that the server software and some data on the

published on the server are copyrighted works and are thus protected by the respective

121/2000 Coll., Copyright Act, as amended. For

any infringement of these copyrights, the customer is fully responsible for

extent.

6. The customer acknowledges that the operator is not responsible for the results in

the customer's intellectual development, as these are dependent on the customer's overall work in

intellectual development. The Operator is also not responsible for

any damages caused directly or indirectly by the Customer's use of the data. Membership

is in no way a substitute for health care.

7. When participating in the online program, the customer is obliged not to interfere with the course.

f) Change, replacement of the online program

1. The provider reserves the right to change the dates in the online program or in

or parts thereof in situations that urgently require it. All possible

changes will be notified to the customer by email, telephone or other

alternative agreed method and an alternative date will be provided.

IV. Consumer rights

1. The consumer has the following rights, which do not apply to businesses:

(a) Pre-contractual or membership information is published

via the online shop and in these GTC.

b) The consumer agrees that the provider may commence the provision of

the service pursuant to a consultancy contract or membership contract concluded in accordance with

in accordance with the GTC immediately after its conclusion, even before the expiry of the statutory period for

withdrawal from the consultancy agreement or membership agreement. Consumer

acknowledges that if the provider's obligations under the contract are fulfilled

of a membership or consultancy agreement concluded under these GTC before

the expiry of the statutory withdrawal period, the consumer shall not have the

as a result of the consent given in the previous sentence, the consumer shall not be entitled to withdraw from the

the contract pursuant to the provisions of Section 1829 (1) of the Civil Code.

c) The consumer also acknowledges that he cannot withdraw from the purchase

the contract where the subject of the contract was the delivery of an online product, as the

it is a so-called contract for the supply of digital content within the meaning of Section 1837(l)

of the Civil Code, which was not delivered on a tangible medium and was delivered with

the prior express consent of the consumer before the expiry of the time limit for

the withdrawal period.

(d) Unless it is a case where the contract cannot be withdrawn from (paragraph (b) and

concluded in accordance with these terms and conditions, within a period of fourteen

days from the conclusion of the contract or agreement. The right to withdraw from the contract within the statutory period of 14 days,

shall be exercised by the consumer by sending an e-mail to the operator containing

The information shall read as follows: "I,

the undersigned XY, born on 000000, withdraw from the contract dated ............., which

concluded with you, on the one hand, as the operator, and me, on the other hand.

on the other hand as a customer."

e) Right to out-of-court dispute resolution - in the event that there is a dispute between the operator and

consumer arises which cannot be mutually resolved, the consumer has the right to

shall have the right to an out-of-court settlement with the operator, provided that the out-of-court

dispute resolution is the responsibility of the Czech Trade Inspection Authority. This right may be exercised until

one year from the date on which the consumer has exercised the right with the operator, which is

subject of the dispute.

V. Intellectual property and know-how of the operator

1. The goods and the content made available as part of the online membership programme are

the result of the intellectual activity of the operator and are his property, which is

other laws protecting intellectual property.

2. All texts and photographs are the property of the operator and without his consent

may not be used in any way.

VI. Final Provisions

1. The contractual relationship between the operator and the customer who is a consumer is governed by

these GTC and the relevant provisions of the Civil Code and Act no.

634/1992 Coll., on consumer protection, as well as related regulations.

2. The contractual relationship between the operator and a customer who is not a consumer shall be

shall be governed by these GTC insofar as they apply to him and by the relevant provisions of

Civil Code.

3. The Operator reserves the right to change the content of the GTC. Updated version

GTC will always be published on the Operator's website and the information

of a change to the GTC will be made, at the Operator's option, usually by publishing

the relevant information together with the updated version of the GTC in a suitable

format by means of an appropriate notice. Such change shall enter into force

on the expiry of a period specified by the operator, which shall be a minimum of 30 days from the date of

of the notification of the amendment to the GTC.

4. In the event that the customer does not agree to the relevant change to the GTC, the

may terminate the contract no later than 5 days before the effective date of the relevant change

GTC. If the customer does not exercise his right to terminate the contract, the following shall apply,

the customer agrees to the change in the GTC. However, the Operator reserves the right to accept

a change to the GTC which does not involve the customer's right of termination

provided that the Customer shall be bound by such change only in

if the Customer agrees to it.

5. Special arrangements between the operator and the customer deviating from

these GTC shall prevail.

6. The contractual relationship between the customer and the operator, which includes

these GTC shall not be subject to the provisions of Section 1793 of the Civil Code (disproportionate

abridgement) or Section 1796 (usury) of the Civil Code as regards entrepreneurs.

Both the customer and the operator assume the risk of change of circumstances in

Section 1765 of the Civil Code.

7. Customer's reply with an amendment or deviation within the meaning of § 1740(3)

of the Civil Code is not an acceptance of an offer to conclude a contract, even if

does not substantially alter the terms of the offer.

8. Neither the operator nor the customer wishes to go beyond the express provisions of

set out in the order or its confirmation or in the written contract to be

any rights and obligations to be inferred from past or future practice

established between the parties or customary practices generally or in

industry relating to the subject matter of their contractual relationship, unless

otherwise agreed in writing. In addition to the foregoing, the parties acknowledge that

they are not aware of any established commercial practices between them

or practice.

9. All information on data protection, in particular on the purposes and

purposes of processing, as well as your rights in relation to processing

your personal data, please visit

10. If any provision of the GTC is invalid or ineffective, or if such

becomes invalid, the invalid provision shall be replaced by a provision the meaning of which is

the invalid provision as closely as possible. Invalidity or ineffectiveness

of one provision shall not affect the validity of the other provisions of the GTC.

These terms and conditions are valid from 20.3.2023