GENERAL TERMS AND CONDITIONs
(hereinafter referred to as "GTC")
In the GTC you will find all the important legal information regarding the sale and provision of the E-book through the websites www.monika-dvorak.cz and www.madeiradream.cz. The GTC contain information you need to have available before you click the order button. They also include the so-called consumer information before concluding a contract according to § 1820 of the Civil Code. Before concluding the contract itself, you express your consent to the GTC by checking the relevant box at the end of the order form. The GTC then become part of the concluded contract and are binding for you as well. Please read them carefully. Thank you for the time you dedicate to reading them.
CONTENTS OF THE GTC:
I. IMPORTANT TERMS, INSTITUTIONS, AND PERSONS
II. CONSUMER INFORMATION BEFORE CONTRACT CONCLUSION
III. ORDER AND CONTRACT CONCLUSION
IV. PRICE AND PAYMENT TERMS
V. DELIVERY TERMS
VI. INFORMATION ON FUNCTIONALITY, COMPATIBILITY, AND INTEROPERABILITY OF DIGITAL CONTENT AND ITS UPDATES, COPYRIGHT
VII. WITHDRAWAL FROM THE CONTRACT
VIII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINT PROCEDURE
IX. CONSUMER REVIEWS
X. CONCLUSION
I. IMPORTANT TERMS, INSTITUTIONS, AND PERSONS
Web: For the purposes of these GTC, the Web means the websites www.monika-dvorak.cz/to-madeira
Digital Content: These are products in digital (electronic) form. In our case, this is the E-book.
Provider:
The legal entity that provides the Digital Content offered on the Web. The provider is:
Sea Wolf, Lda
ID No.: 517225166
VAT No.: PT517225166
Registered office: Impasse da Fazenda 7,
9370-253 Estreito da Calheta, Madeira Island, Portugal
Email: madeira@monika-dvorak.cz, monika@madeiradream.cz
Phone: +351 939557534
The provider is registered in the commercial register of legal entities in Funchal, Madeira - Portugal, since November 2022.
The above email is available for regular communication and for handling suggestions and complaints.
If the terms "We", "Us", "Our" etc. appear in the GTC text, they always refer to the Provider.
User: The User is the person who concludes a contract with us as the Provider through the Web for the provision of digital content. The User can be a consumer, an entrepreneur, or a non-entrepreneurial legal entity (e.g., an association).
If the terms "You", "Your" etc. appear in the GTC text, they always refer to the User.
Consumer: According to applicable legal regulations, a consumer is a natural person who is not acting within the scope of their business activity or independent profession. If you are a natural person and enter a company ID (IČO) in the order, you declare that you conclude the Contract as an entrepreneur and not as a consumer. This mainly affects the right to withdraw from the contract without giving reasons and rights related to liability for defects and complaint handling.
Contract for the Provision of Digital Content: This is the contract we conclude together. It is a new type of contract (since 6.1.2023) and is used for the sale and provision of Digital Content. When the term "Contract" is used in the following text, it means the Contract for the Provision of Digital Content. The process of concluding the Contract through the web interface is described in detail in these GTC. The Contract is concluded in the Czech language, archived electronically, and is not accessible to third parties. The Contract consists of your order (completed order form), our acceptance of it, and these GTC. You will receive written confirmation of the contract conclusion by email. The provisions of the GTC also apply when the User is a Consumer and provides us with personal data instead of remuneration, and it is agreed that these data (typically email contact) are not used solely for providing (making accessible) the Digital Content or fulfilling legal obligations.
Distance Contract: This is a Contract concluded by means of remote communication, i.e., it is concluded without a personal meeting, as the Web and email are used. Costs associated with the use of remote communication means (especially internet connection costs) are borne by the User and do not differ from the usual rates charged by the User’s operator or internet provider. By placing an order, you expressly agree to the use of remote communication means.
Consumer Contract: A Contract in which the User acts as a consumer. Consumers often have more favorable rights than other Users. If a right applies only to Consumers, this is explicitly stated in the GTC (i.e., "Consumer" is used instead of "User").
Binding Nature of the GTC: At the end of the order form, before sending the order, you give your consent to the GTC by checking the appropriate box. The GTC then become part of the Contract and are binding for both parties.
Applicable Legal Regulations: These are valid laws applicable to the Contract and the relationship arising from this contract. Mainly Act No. 89/2012 Coll., the Civil Code (as amended), and in cases where the User is a Consumer, also Act No. 634/1992 Coll., on Consumer Protection (as amended). If specific legal provisions (§§) are referenced in the text, you can click to view their current wording.
II. CONSUMER INFORMATION BEFORE CONTRACT CONCLUSION
The Provider sells digital content in the form of an e-book on the Web at www.monika-dvorak.cz and www.madeiradream.cz.
Before concluding the contract, you must have access to these General Terms and Conditions. By confirming the contract, you confirm that you have read, understood, and accepted these GTC.
The contract is concluded in the Czech language only.
The provider does not guarantee that the digital content will meet all the User’s expectations or specific purposes unless explicitly stated otherwise.
You can contact the Provider by email or phone for any questions before concluding the contract.
After concluding the contract, the Provider will deliver the digital content to your email or make it accessible for download as agreed.
You have the right to withdraw from the contract within 14 calendar days without giving any reason, unless the digital content has already been accessed/downloaded, in which case withdrawal is not possible (see section VII).
The contract is concluded at a distance (online) without personal contact.
The price for the digital content is stated clearly on the Web before you place your order, and includes VAT if applicable.
III. ORDER AND CONTRACT CONCLUSION
By completing the order form on the Web and clicking the “Order” or “Buy” button, you submit an offer to conclude the contract for the digital content.
You must provide true and accurate information in the order form. Incorrect or incomplete data may delay or prevent contract fulfillment.
You expressly confirm that you have read and accept these GTC by checking the relevant box before sending your order.
After sending your order, you will receive an automatic confirmation of receipt of your order to your provided email address, which does not yet constitute acceptance of the contract.
The contract is concluded by the Provider’s explicit acceptance of your order, which you will receive by email.
The Provider reserves the right to refuse an order or cancel it in case of errors or suspicion of fraud.
All contractual communications will be sent to the email address you provide. You are responsible for the accuracy and availability of this email.
You can contact the Provider for support at any time before or after concluding the contract.
IV. PRICE AND PAYMENT TERMS
The price of the digital content (e-book) is listed on the Web in Czech crowns (CZK) or euros (EUR) and includes VAT as required by law.
Prices are fixed at the time of the order and do not include possible bank fees or currency conversion fees, which are borne by the User.
Payment is made online by the payment methods offered on the Web, such as card payment, bank transfer, or PayPal, if available.
The digital content is delivered only after the full payment is credited to the Provider’s account, unless otherwise specified.
If you fail to pay within the agreed term, the Provider may cancel the contract or delay delivery.
Refunds in case of withdrawal or complaints will be processed according to applicable laws (see sections VII and VIII).
V. DELIVERY OF DIGITAL CONTENT
Delivery of the digital content is made electronically to the email address you provided or via a download link on the Web.
Delivery time is usually immediate or within 24 hours after payment confirmation.
The Provider is not responsible for delivery delays caused by your incorrect contact details or technical problems on your side.
You are obliged to download and save the digital content within the period specified in the delivery email or on the Web, otherwise access may expire.
The digital content is provided in formats compatible with commonly used software (e.g., PDF).
If you have any technical difficulties accessing or using the digital content, contact the Provider immediately.
VI. USER RIGHTS AND OBLIGATIONS
You are granted a non-exclusive, non-transferable right to use the digital content for personal, non-commercial purposes only.
You may not copy, distribute, sell, share, or publicly display the digital content or any part thereof without the Provider’s prior written consent.
You must not attempt to circumvent any technical protection measures applied to the digital content.
You agree not to misuse the digital content or the Web in any way that could harm the Provider or third parties.
The Provider reserves the right to block access if misuse is detected.
You are responsible for keeping your access credentials and email confidential.
VII. RIGHT OF WITHDRAWAL AND CANCELLATION
You have the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period starts on the day the contract is concluded.
The right of withdrawal does NOT apply if the digital content has been accessed, downloaded, or otherwise used with your explicit consent before the withdrawal period expires.
To exercise the right of withdrawal, you must notify the Provider in writing (email is sufficient) within the withdrawal period.
If you withdraw in time, the Provider will refund all payments received from you within 14 days from the withdrawal notification.
Refunds will be made using the same payment method you used for the purchase unless you agree otherwise.
You bear no costs for withdrawal.
After withdrawal, your access to the digital content will be terminated immediately.
VIII. LIABILITY AND WARRANTY
The Provider guarantees that the digital content corresponds to the description at the time of delivery.
The Provider is not liable for any damages resulting from improper use or incompatibility of the digital content with your software or devices.
The Provider’s liability is limited to direct damages and does not cover indirect or consequential damages.
The Provider is not liable for any loss of data or profits.
You are responsible for ensuring your hardware and software meet the requirements for using the digital content.
Any claims under warranty must be submitted in writing within 30 days after you discover the defect.
IX. PERSONAL DATA PROTECTION
Your personal data will be processed by the Provider according to the applicable data protection laws.
Data collected during the purchase process is used solely for order fulfillment, communication, and legal compliance.
Your data will not be shared with third parties without your consent, except where required by law.
You have the right to access, correct, or request deletion of your personal data by contacting the Provider.
The Provider applies appropriate technical and organizational measures to protect your personal data.
X. FINAL PROVISIONS
These Terms and Conditions are governed by the laws of the country where the Provider is registered.
Any disputes arising from these Terms will be resolved amicably; if not possible, by the competent courts.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain unaffected.
The Provider reserves the right to amend these Terms at any time, with changes effective upon publication on the Web.
Continued use of the Web or digital content after changes constitutes acceptance of the new Terms.