of business company
MERIGLOBE ADVIROSY HOUSE LTD
with its registered office at Nwms Center 31 Southampton Row, Office 3.11, 3rd Floor London, WC1B 5HJ, England
identification number: 8811153
concerning the sale of goods through an on-line shop placed at the following Internet address http://academy.meriglobe.com
- 1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions“) of business company MERIGLOBE BUSINESS ACADEMY LTD, with its registered office at 145-157 St John Street, London, EC1V 4PW, England, identification number: 8811153 (hereinafter referred to as the “Seller”) are regulating, in compliance with Section 1751 (1) of Act no. 89/2012 Sb., the Civil Code (hereinafter referred to as the “Civil Code“) the mutual rights and obligations of the Contracting parties arisen in relation to or on the basis of a Purchase contract (hereinafter referred to as the “Purchase contract“) entered into between the Seller and another natural person, natural person conducting business or a legal entity (hereinafter referred to as the “Purchaser“) through the Internet shop of the Seller concerning purchase of books in the form of an audiobook and an e-Book. The Internet shop is operated by the Seller at the website placed on the Internet address http://academy.meriglobe.com (hereinafter referred to as the “Website”), namely through the interface of the website (hereinafter referred to as the “Shop web interface“).
- 1.2. The subject of a Purchase contract entered into through the shop web interface is the sale of goods offered at the Internet shop of the Seller, namely an audiobook in Mp3 format and an eBook in epub, mobi, pdf format (hereinafter referred to as the “Goods“).
- 1.3. A protection pursuant to Act 121/2000 Sb. on the Copyright, the rights related to the copyright and on amendment of certain acts (hereinafter referred to as the “Copyright Act“) is related to the content of Goods, as an authorial work. Goods contains authorial works and the Seller is the bearer of an exclusive and unlimited licence to use authorial works contained in the Goods and is entitled to grant a licence to use such authorial works to third persons.. By payment of the purchase price the Seller provides the Purchaser with a non-exclusive licence to use the authorial work exclusively for its needs in the manner for which the authorial work is determined. The Purchaser acknowledges that it is not entitled to disseminate, or reproduce the authorial work, or to use it in another way or for other purposes than for its own needs and purposes.
- 1.4. Provisions in deviation from the Terms and conditions may be agreed in a Purchase contract. Such deviating provisions of the Purchase contract have a priority over the provisions of the Terms and condition
- 1.5. The provisions of the Terms and conditions form an inseparable part of the Purchase contract.
- 1.6. The Seller may amend or complete the wording of the Terms and conditions. This provision is without any prejudice to the rights and obligations arisen during the period of effectiveness of the previous Terms and conditions.
2. User account
- 2.1. On the basis of a registration of a Purchaser made on the website, the Purchaser may access to his user interface within the shop web interface. From its user interface the Purchaser may make orders for Goods (hereinafter referred to as the “User account“).
- 2.2. A Purchaser may make ordering of Goods also without a registration directly from the shop web interface.
- 2.3. On registering at the website and ordering Goods the Purchaser is entitled to provide all data correctly and truly.
- The Purchaser is obliged to update data mentioned on the user account in the event of any change of such data. The Seller considers the data mentioned on the user account and on ordering Goods to be correct.
- 2.4. An access to the user account is secured with a user name and a password. The Purchaser is obliged to observe confidentiality concerning information necessary for accessing to his user account.
- 2.5. The Purchaser is not entitled to make it possible for third persons to use the user account.
- 2.6. The Seller may cancel the user account, especially in the event , when the Purchaser do not use his user account for longer time than 6 months, or in the event when the Purchaser breaches his obligations from the Purchase contract (including the Terms and conditions).
- 2.7. The Purchaser acknowledges that the user account does not have to be available continuously, especially taking into account necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of the hardware and software equipment of third persons.
3. Purchase contract concluding
- 3.1. All presentation of the Goods placed at the shop web interface is of an informative character and the Seller is not obliged to enter into a Purchase contract concerning the Goods. The provision of Section 1732 (2) of the Civil Code shall not be applied.
- 3.2. The shop web interface contains information on the Goods, including the prices of individual items of the Goods. The prices of the Goods are indicated including the VAT and all related fees. The prices of the Goods remain to be valid for the time during which they are shown at the shop web interface. This provision does not limit the possibility for the Seller to enter into a Purchase contract under individually agreed conditions.
- 3.3. The shop web interface also contains information on costs related to the delivery of the Goods.
- 3.4. A Purchaser completes an order form at the shop web interface to order Goods. The order form especially contains information on:
- 3.4.1. ordered Goods (the Purchaser puts the ordered goods into an electronic shopping cart of the shop web interface),
- 3.4.2. on the method of payment of the purchase price of the Goods,
- 3.4.3. the fact that the Goods will be delivered by its downloading from the web interface after the full payment of the Goods price, and
- 3.4.4. information on costs related to the delivery of the Goods (hereinafter jointly referred to as the “order“).
- 3.5. Prior to sending an order to the Seller it is made possible for the Purchaser to check and change data inserted by the Purchaser into the order, taking into account the possibility of the Purchaser to ascertain and correct mistakes arisen during entering data into the order. The Purchaser sends the Seller an order by clicking on the button CONFIRM. The Seller considers the data mentioned in the order to be correct. Immediately after obtaining the order the Seller confirms the delivery of the order to the Purchaser by e-mail, to the e-mail address of the Purchaser mentioned in the user interface or the order (hereinafter referred to as the “electronic address of the Purchaser“).
- 3.6. Depending on the character of the order (quantity of Goods, purchase price sum, expected transportation costs) the Seller is always entitled to ask the Purchaser for an additional confirmation of the order (especially in writing or by phone).
- 3.7. A contractual relationship between the Seller and the Purchaser is created by delivering the acceptance of an order, which the Seller sends the Purchaser by e-mail to the e-mail of the Purchaser.
- 3.8. The Purchaser agrees with remote using communicational means for entering into a Purchase contract. Costs arisen to the Purchaser in relation to using communicational means in a remote manner for entering into a Purchase contract (costs of the Internet connection, telephone calls costs) shall be borne by the Purchaser himself, when such costs shall not differ from their basic rate).
4. Price of Goods and Payment conditions
- 4.1. The Purchaser may pay the price of the Goods and possible costs related to the delivery of Goods pursuant to a Purchase contract to the Seller in the following manners:
- by a bank transfer to the Seller´s account no. 115-3512100287/0100, maintained with Komercni banka a.s ;(hereinafter referred to as the “Seller´s account“),
- by a bank transfer by a payment card through the GoPay payment system;
- by a bank transfer by a payment card through the PayPal payment system;.
- 4.2. The Purchaser is obliged to pay the Seller also the costs related to the delivery of Goods in an agreed sum. Unless otherwise expressly stated, the purchase price shall further mean the costs related to the delivery of Goods.
- 4.3. The Seller does not require an advance payment or another similar payment from the Purchaser. This is without any prejudice to the provision of Article 4.6 of the Terms and conditions concerning the obligation to pay the purchase price of the Goods in advance.
- 4.4. In the event of a bank transfer the purchase price is due within 5 days of entering into the Purchase contract.
- 4.5. In the event of a bank transfer the Purchaser is obliged to pay the purchase price together with entering a variable symbol of the payment. In the event of a bank transfer the obligation of the Purchaser to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the account of the Seller.
- 4.6. The Purchaser is obliged to pay the whole purchase price prior to delivering (downloading) the Goods. The Purchaser acknowledges that prior to paying the whole purchase price he will not be enabled to download (to be delivered) Goods. The provision of Section 2119 (1) of the Civil Code shall not be applied.
- 4.7. Possible discounts from the price of the Goods provided by the Seller to the Purchaser may not be combined one with another.
- 4.8. The Seller is a payer of the VAT. The Seller issues a tax document – invoice for the Purchaser after payment of the price of the Goods in an electronic form to the electronic address of the Purchaser.
5. Withdrawal from a Purchase contract
- 5.1. The Purchaser acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase contract to deliver the Goods that have been adjusted according to a wish of the Purchaser or for his person, to withdraw from a Purchase contract to deliver the pieces of Goods that quickly spoil, or the Goods that have been irreversibly mixed with other goods, from a Purchase contract to deliver the Goods in a closed packaging that was taken away from the packaging by the Purchaser and it is not possible to return it back due to hygiene purposes, to withdraw from a Purchase contract to deliver an audio or visual recording or computer software, if the Purchaser damaged its formal packaging, to deliver a digital content, if it was not delivered on a tangible data medium and it was delivered after a previous express consent of a consumer expressed prior to the expiry of the period for withdrawing and prior to entering into the contract an entrepreneur informed a consumer that in such case he/it is not entitled to withdraw from the contract.
- 5.2. The Purchaser hereby acknowledges that the Goods sold through the Internet shop is an e-book or an audiobook delivered without a tangible data media as a digital content by downloading from a website through a web interface. The Purchaser acknowledges and expressly agrees with the fact that all Goods (i) by downloading an audiobook or an e-book from the website is delivered without a tangible data media as a digital content and was delivered prior to the expiry of time for withdrawing from a Purchase contract with his explicit consent, and that (ii) he is hereby advised by the Seller that he is not entitled to withdraw from the Purchase contract.
- 5.3. The Purchaser acknowledges that due to the fact that it is not possible to withdraw from a Purchase contract for all the Goods delivered under these Terms and conditions pursuant to Section 1837 of the Civil Code (see Article 5.1 and Article 5.2 of these Terms and conditions), then in these Terms and conditions there is no advice on a possibility to withdraw from a contract.
6. Delivery of Goods
- 6.1. The Purchaser agrees that the Goods will be delivered only in the manner that the Purchaser downloads it from the shop web interface. The Purchaser will be enabled to download Goods only after full payment of a purchase price
7. Rights from defective performance
- 7.1. Rights and obligations of the Contracting parties concerning rights arising from defective performance shall be governed by the relevant generally binding provisions (especially provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
- 7.2. The Seller is liable to the Purchaser for securing that the Goods have no defects on its take-over. The Seller is especially liable to the Purchaser for the fact that at the time when the Purchaser took over the Goods:
- 7.2.1. the Goods have properties agreed by the Contracting parties, in the event of absence of such agreement, it shall have such properties that the Seller or producer have described or that the Purchaser have expected taking into account the character of the Goods and on the basis of an advertisement concerning the Good presented by the Seller or producer,
- 7.2.2. it is possible to use the Goods for its purposes,
- 7.2.3. the Goods are suitable for the purpose indicated by the Seller for its use for which the Goods of such type is usually used,
- 7.2.4. regarding its quality or workmanship the Goods correspond to an agreed sample or model, if its quality or workmanship were determined according to the agreed sample or model,
- 7.2.5. the Goods are in a corresponding quantity, extent or has a corresponding weight, and
- 7.2.6. the Goods are in compliance with the requirements of the legal regulations.
- 7.3. The provisions mentioned in Article 7.2 of the Terms and conditions shall not be used for Goods sold for a lower price due to a defect, for which the lower price was agreed, for wear and tear of Goods caused by its usual utilisation, or in the event of used Goods for a defect corresponding to the extent of its utilisation or wear of tear that the Goods had at the time of its taking over by the Purchaser, or if it arises from the nature of the Goods.
The Purchaser applies the rights from a defective performance at the Seller at the following address:
MERIGLOBE ADVISORY HOUSE LTD
Nwms Center 31 Southampton Row, Office 3.11, 3rd Floor
London, WC1B 5HJ
or at the following email email@example.com
- 7.4. The moment when the Seller received the Goods being objected from the Purchaser is considered to be the moment of making a complaint.
- 7.5. Further rights and obligations related to the liability of the Seller for defects may be regulated by the rules for making complaints of the Seller.
8. Other rights and obligations of the Contracting parties
- 8.1. The Purchaser acquires the ownership of Goods, or a licence to use an authorial work contained in the Goods, by paying the whole purchase price of the Goods.
- 8.2. In his relation to the Purchaser the Seller is not bound by any codes of conduct pursuant to Section 1826 (1) (e) of the Civil Code.
- 8.3. Out-of-court disposing of complaints of the Purchaser is secured by the Seller through the following e-mail address firstname.lastname@example.org or phone number: 0044 7746530026. The Seller sends information on disposing of a complaint of the Purchaser to the e-mail address of the Purchaser.
- 8.4. The Purchaser hereby himself takes over the risk of a change of circumstances pursuant to Section 1765 (2) (e) of the Civil Code.
9. Sending business messages and cookies storing
- 9.1. The Purchaser agrees with sending information related to the Goods, services, actions or the enterprise of the Seller to the e-mail address of the Purchaser and he further agrees with sending business messages by the Seller to the e-mail address of the Purchaser.
- 9.2. The Purchaser agrees with storing so called cookies to his computer. In the event that it is possible to make a purchase on the website and to fulfil obligations of the Seller from a Purchase contract, without storing so called cookies to the computer of the Purchaser, the Purchaser may revoke his consent pursuant to the previous sentence at any time.
- 10.1. Written instruments for the Purchaser will be delivered exclusively to the email address mentioned in his user account or indicated by the Purchaser in an order.
11. GOVERNING LAW, GOVERNING LANGUAGE VERSION, ARBITRATION CLAUSE
- 11.1. These Terms and Conditions and rights and obligations arising therefrom, including Purchase contracts to purchase Goods and rights and obligations arising therefrom shall be governed by the Czech legal regulations.
- 11.2. These Terms and Conditions, the Purchase contract and the e-shop are written in the Czech and English language. In the event of any contradiction between the Czech and English language version, the Czech version shall prevail.
- 11.3. All disputes arising from these Terms and conditions and the Purchase contract in relation to them will be ultimately settled by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators.
- 11.4. The Purchaser acknowledges that he has agreed with an arbitration clause independently agreed at the website prior to entering into a Purchase contract. The Purchaser further acknowledges that he was advised of the consequences of the arbitration clause prior to agreeing on the arbitration clause a sufficient time in advance, i.e. especially of the fact that disputes will be settled by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators, and thus they will not be settled by a general court having a local jurisdiction pursuant to the registered office or the place of permanent residence of a defendant, that an arbitration award is final and decisive and is enforceable, no appeal may be filed against it, by delivering an arbitration award (decision) the award is final and conclusive and it may be performed, i.e. a distraint proceedings may be initiated to enforce the award, and the only measure to challenge the arbitration award is to file an action seeking its invalidity with a general regional court in whose district the seat of the Arbitration Court is situated, i.e. in this event with the Municipal Court in Prague, within 30 days of delivering an arbitration award.
12. Final provisions
- 12.1. If any provision of these Terms and conditions is or becomes invalid or ineffective, instead of the invalid provisions the provision shall be incorporated whose meaning is as close as possible to the invalid provision. Invalidity or ineffectiveness shall be without any prejudice to the validity of the other provisions. Amendments and completions to the Purchase contract or the Terms and conditions must be made in a written form.
- 12.2. The Purchase contract including the Terms and conditions are archived by the Seller in an electronic form and is not accessible. Contact data of the Seller: address for delivering mail:
MERIGLOBE ADVISORY HOUSE LTD
Nwms Center 31 Southampton Row, Office 3.11, 3rd Floor
London, WC1B 5HJ
- 12.3. e-mail address email@example.com, telephone 0044 7746530026.
In London on 9/7/2018
MERIGLOBE ADVISORY HOUSE LTD