CONDITIONS OF BUSINESS AND COMPLAINT PROCEDURE
I. Introductory provisions
1. These Terms and Conditions and the Complaints Procedure (hereinafter referred to as “Terms and Conditions for Purchase”) of the operator of the online shop, BEYOND Production s.r.o., company ID No. 051 82 484, with registered office at Potoční 720/22a, 682 01 Vyškov – Dědice, registered in the Commercial Register maintained by the Regional Court in Brno, file No. C93978 (hereinafter referred to as “BEYOND” or also “Seller”) regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase or other similar contract (hereinafter referred to as the “Contract”) concluded between the Seller and another person in the position of a consumer (hereinafter referred to as the “Buyer”) through the BEYOND online store. The online store is operated by the Seller at the internet address beyondpsychedelics.cz, through a web interface (hereinafter referred to as the “Store Web Interface”).
2. The subject of the sale are tickets to educational events and seminars organized by BEYOND Production, s.r.o., as the organizer (hereinafter referred to as “Events”). These Terms and Conditions of Purchase form an integral part of the contract concluded between BEYOND as the Seller and the Purchaser.
3. The Terms and Conditions of Purchase further regulate the rights and obligations of the parties when using the Seller’s website located at beyondpsychedelics.cz (hereinafter referred to as the “Website”) and other related legal relations. These Terms and Conditions of Purchase do not apply to cases where the person intending to enter into a contract with BEYOND is acting in the course of his/her business.
4. Provisions deviating from the Terms and Conditions of Purchase may be agreed in a contract (concluded in writing). Deviating provisions in such a contract shall prevail over the provisions of the Terms and Conditions of Purchase.
5. Only persons over 18 years of age may conclude contracts via the web interface of the shop. The Buyer is obliged to prove the age requirement in a suitable manner upon the Seller’s request.
II. User Account
1. The buyer proceeds to purchase goods without registration directly from the web interface of the shop. If the current version of the web interface of the shop allows it, the buyer can set up a user account in the web interface of the shop.
2. When concluding the contract and registering in the web interface of the shop, the buyer is obliged to provide all the data correctly and truthfully. The buyer is obliged to update the data provided in the user account in case of any change. The data provided by the Buyer in the process of purchasing goods according to these Terms and Conditions for purchase in the user account, if any, shall be deemed correct by the Seller. If the Buyer fills in the details of a legal entity (company name, registration number and possible VAT number), the Seller shall consider the Buyer’s actions as actions taken on behalf of this legal entity and shall consider this legal entity as the Buyer. Article 1, paragraph 1.2 is not affected.
3. The Buyer shall keep confidential the information necessary to access its user account, if such an account is established, and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer. The Buyer is not entitled to allow third parties to use the user account set up.
4. If the Buyer has established a user account, the Seller may cancel it, in particular if the Buyer does not use his/her user account for purchases on the e-shop for more than 1 year or if the Buyer breaches his/her obligations under the contract (including the Terms and Conditions of Purchase). The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of hardware and software equipment of third parties.
III. Subject matter of the contract
1. The subject of the contract is basically the obligation of BEYOND to deliver on its behalf and on its account to the Purchaser the agreed tickets for the Event chosen by the Purchaser, in the quantity requested by the Purchaser and limited by the availability of such tickets, and the obligation of the Purchaser to pay the agreed price of performance, i.e. basically the admission fee for the tickets.
2. The web interface of the shop contains a list of goods and services (performance) offered by the Seller, including the prices of each performance. The prices of the offered performance are listed including all related taxes and fees. The offer of the performance as well as its prices remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a contract on individually agreed terms. All offers of performance of the Seller placed in the web interface of the shop are of an informative nature, non-binding and the Seller is not obliged to conclude a contract regarding such performance. Section 1732(2) of the Civil Code shall not apply.
3. If the nature of the performance offered so requires, the web interface of the shop shall also contain information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop shall only apply in cases where the goods are delivered within the territory of the Czech Republic. If the buyer requires delivery of the goods abroad, it is the buyer’s responsibility to arrange the transport of the goods – in such cases, the terms of delivery will be negotiated individually.
4. The Buyer sends the order by filling in and sending to the Seller the form in the web interface of the shop. The form contains information about:
– the requested performance (the performance is “inserted” by the buyer into the electronic shopping cart of the web interface of the shop);
– information about the buyer, the method of payment of the price of the performance, information about the requested method of providing the performance (according to its specific nature).
5. Before sending the completed form to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors arising during data entry. The Buyer shall send the completed form to the Seller by clicking on the “Place Order” button. The data provided in the order are considered correct by the Seller.
6. Without undue delay after receiving the order, the Seller shall confirm the order to the Buyer by e-mail to the Buyer’s e-mail address indicated in the order or the Buyer’s user account (hereinafter referred to as the “Buyer’s e-mail address”) or reject it by the same means. Depending on the nature of the order (scope of performance, amount of the price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
7. The Buyer agrees to the use of remote means of communication for the conclusion of the contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
8. The contract is concluded upon payment of the price of the performance or the first part thereof, in the case of payment in instalments, by the buyer.
9. The Buyer acknowledges that the Seller is not obliged to conclude the contract, especially with persons who have previously substantially breached their obligations to the Seller or in cases of temporary unavailability of goods or services for operational reasons on the part of the Seller. In the event of rejection of an order, the Seller shall make the necessary efforts to do so in accordance with these Terms and Conditions of Purchase, as a rule within 48 hours.
10. BEYOND undertakes to deliver the performance to the Buyer without undue delay after the conclusion of the contract, provided that in the case of purchase of tickets via the Internet, these will be delivered in electronic form to the Buyer’s electronic address. The Buyer shall not be entitled to delivery of the tickets before the payment of the ticket price or part thereof in the agreed amount.
11. A Ticket for the Event may only be transferred to another person once and the Purchaser must inform BEYOND in writing in advance.
IV. Rights and Obligations of the Parties in Relation to the Promotion
BEYOND reserves the right to change the programme, date and venue of any Event. By purchasing a ticket, the purchaser acknowledges this right of BEYOND. BEYOND undertakes not to make such changes without just cause and shall notify the Purchaser of such changes without undue delay via the Purchaser’s email address. The provisions of Article VIII of these Terms and Conditions of Purchase shall not be affected thereby.
V. Price and payment terms
1. The Buyer may pay the price of the performance and any costs associated with the delivery of the goods under the Contract to the Seller by the methods available on the web interface of the shop at the time of order confirmation. Together with the price, the Buyer is obliged to pay the Seller the costs associated with the performance in the agreed amount. Unless expressly stated otherwise, the price shall also include the delivery costs and any royalty.
2. In the case of a non-cash payment, the buyer is obliged to pay the price together with the variable symbol of the payment, otherwise the payment may be deemed not to have been made.
3. Any discounts on the price granted by the Seller to the Buyer cannot be combined with each other, unless the Seller expressly specifies otherwise.
4. If the Buyer elects to pay the price in instalments:
– acknowledges that after choosing this type of payment, the Seller no longer needs to be notified of the due date of the second and any subsequent instalment of the price, which occurs automatically on the basis of the contract concluded by the Buyer with the Seller;
– the Seller shall be entitled to claim a contractual penalty against the Buyer in the event of default by the Buyer in the payment of the second and any subsequent instalment of the price, at the rate of 0.08% of the amount due for each day of such default. Such penalty shall be payable on demand.
5. The Seller shall not be liable for any costs incurred by the Buyer arising from the contractual relationship between the Buyer and the bank which issued the Buyer’s credit card or any other similar method of payment chosen by the Buyer.
6. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer in respect of payments made under the Contract. The Seller is not liable for value added tax. The Seller shall issue the invoice to the Buyer after payment of the price in full and send it in electronic form to the Buyer’s electronic address. In cases and under conditions stipulated by generally binding legal regulations, the Seller is obliged to issue a receipt to the Buyer and register the received sales with the tax administrator.
By agreeing to the wording of these Terms and Conditions of Purchase, the Buyer agrees to the electronic form of the tax document within the meaning of Section 26(3) of Act No. 235/2004 Coll., on Value Added Tax, as amended. The Buyer may collect the tax document in paper form from the Seller or request that it be sent to the Buyer at the Buyer’s expense via a postal service provider.
VI. Withdrawal from the contract
1. The Buyer acknowledges that Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), regulates the cases in which a contract concluded by distance cannot be withdrawn from.
2. Unless it is a case referred to in Article VI, paragraph 1 of these Terms and Conditions of Purchase or any other case in which the contract cannot be withdrawn from, the Purchaser has the right to withdraw from the contract within fourteen (14) days from the receipt of the performance by the Purchaser or a person designated by the Purchaser, in accordance with the provisions of Section 1829 et seq. of the Civil Code. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period. The Buyer may send the withdrawal to, inter alia, the Seller’s registered office address or to the Seller’s e-mail address firstname.lastname@example.org. The Buyer may use the model form for notification of withdrawal, which is part of these Terms and Conditions.
3. In the event of withdrawal from the contract pursuant to Article VI, paragraph 2 of these Terms and Conditions of Purchase, the contract shall be cancelled from the outset. The goods must be returned to the Seller within 14 days of sending the cancellation to the Seller, unless their use after cancellation is precluded by their nature. Such goods must be returned to the seller undamaged and, if possible, in their original packaging. The cost of returning the goods if they cannot be returned by the usual postal method because of their nature shall be borne by the buyer. The maximum cost of returning such goods is estimated at CZK 5,000.
4. In case of withdrawal from the contract according to Article VI para. 2 of these Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within fourteen (14) days of withdrawal from the contract (in the case of a contract for the purchase of goods, then from the receipt of the returned goods by the Seller, or proof that the Buyer has sent the goods back to the Seller, whichever is earlier), in cash to the account specified by the Buyer (unless the Buyer specifies a different method of return, provided that such return does not incur any additional costs to the Seller), including the costs of any return of the performance to the Seller (other than any additional costs incurred as a result of the Buyer’s chosen method of delivery other than the cheapest standard delivery method offered by the Seller). The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer.
5. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out, partially consumed or the value of the returned performance is otherwise reduced as a result of handling them in a manner other than that necessary to become familiar with their nature and characteristics, including their functionality, the Seller shall be entitled to compensation from the Buyer for damages incurred by him. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the price or part thereof.
6. The seller is entitled to withdraw from the contract at any time until performance has been provided. In this case, the Seller shall refund the price to the Buyer without undue delay, in cash to the account designated by the Buyer.
7. If a gift is provided to the buyer together with the performance, the gift contract between the seller and the buyer is concluded with the condition that if the consumer withdraws from the contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift provided together to the seller.
VII. Transport and delivery of goods
1. The method of performance shall be determined by the Seller, unless otherwise specified in the contract. If the web interface of the shop allows a choice of several transport options, the buyer is entitled to make this choice. In the event that the method of transport is agreed upon at the request of the Buyer other than that allowed by the web interface of the shop, the Buyer bears the risk and any additional costs associated with this method of transport.
2. If the Seller is contractually obliged to deliver the goods to the place specified by the Buyer, the Buyer is obliged to take delivery of the goods upon delivery. If the buyer does not take delivery of the goods on delivery, the seller is entitled to claim the costs of storage and possible redelivery of the goods, or the seller is entitled to withdraw from the contract.
3. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified by the Seller in the confirmed order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier. By signing the delivery note, other similar document of receipt of goods, or by simply accepting the goods, all without reservation, the buyer confirms that the packaging of the shipment containing the goods has been intact.
5. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
VIII. Complaints Procedure
1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. The Seller shall be liable to the Buyer for the fact that the performance provided by him is in compliance with the Contract and the laws of the Czech Republic. Conformity with the contract means, in particular, that the sold item has the quality and utility characteristics agreed upon in the contract and, if not described by the seller, the manufacturer or his representative, that it conforms to the requirements of the legislation, is in the appropriate quantity, measure or weight. It shall not be deemed to be a defect causing a breach of contract if the goods do not have any characteristics, standard or level of quality beyond that expressly stated by the seller.
3. In the case of sale of goods, if the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. The buyer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt, unless another period of time is specified by law for which the goods may be used.
4. The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Buyer at the Seller’s address: email@example.com. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer.
5. The Seller shall refund the monetary payment by transferring it to the bank account from which the payment was sent.
Special provisions of the Complaints Procedure in relation to tickets for Events
6. The Buyer shall not be entitled to exchange an Event Ticket unless otherwise stated in these Terms and Conditions of Purchase. In the event of damage, destruction, loss, theft or other deterioration of a ticket, the ticket will not be replaced with a new ticket and the purchaser will not be compensated or refunded the price paid for the ticket.
7. The Seller shall not be liable if the ticket is not delivered to the Buyer due to reasons on the Buyer’s side, in particular if the ticket cannot be delivered to the Buyer’s e-mail address (e.g. overflowing mailbox, spam filter, etc.).
8. In the event that the Buyer has not received the ticket within 48 hours after the payment of the admission fee or the first part thereof, the Buyer is obliged to contact the Seller immediately, but no later than within 24 hours from the date of expiry of the aforementioned deadline for the delivery of the ticket, and notify the Seller that he has not received the paid ticket. For this purpose, the Buyer is obliged to provide the Seller with all the information provided by the Buyer in the order. In the event that the Seller verifies that the ticket has not actually been delivered to the Buyer, and this is not the case referred to in the preceding paragraph, the following procedure shall be followed:
– the Seller will send the ticket to the Buyer’s e-mail address no later than 24 hours, but no later than 1 hour before the Event;
– in the event that the Event has already taken place, the Seller undertakes to return the paid admission fee to the Buyer within 30 days of the date of the Buyer’s claim.
9. In the event that the venue or date of the Event is changed according to Article IV of these Terms and Conditions for Purchase, the Purchaser shall be entitled to a refund of the ticket price or an exchange of the ticket for a voucher for a further purchase. This right may be exercised by the Purchaser no later than on the 5th (fifth) working day following the original date of the Event and only if the ticket has not yet been used. If the Purchaser does not exercise his/her right within the aforementioned period, it shall be deemed that he/she is interested in attending the Event on the changed date. In the event that the date of the Event is changed due to a reason beyond the control of the Seller as a result of force majeure (e.g. natural disaster, epidemic, decision of a public authority), the ticket shall remain valid for the changed date and the Purchaser shall not be entitled to a refund or exchange of the ticket.
10. In the event of a complete cancellation of the Event, the Purchaser shall be entitled to a refund of the ticket price or a voucher for a further purchase. The Buyer may exercise the right to a refund or a voucher for a further purchase no later than the 5th (fifth) working day following the date of the Event. If the Purchaser does not exercise his/her right within the aforementioned period, the Purchaser is only entitled to exchange the ticket for a voucher for a further purchase. In the event of a complete cancellation of the Event due to a reason beyond the control of the Seller as a result of force majeure (e.g. natural disaster, epidemic, decision of a public authority), the Purchaser shall only have the right to exchange the ticket for a voucher for a further purchase.
IX. Other rights and obligations of the parties
1. The Buyer shall acquire ownership of the Goods upon payment of the full price of the Goods.
2. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the shop.
3. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code. The Seller does not provide any other services except those explicitly stated on its website or otherwise similarly presented.
5. The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
X. Protection of personal data
1. The Seller has not appointed a data protection officer in its legal capacity as data controller.
2. The personal data are processed by the Seller for the purposes of: maintaining the user account of the data subject in the online shop on the website located at the Internet address at beyondpsychedelics.cz, and the overview of the data subject’s orders to date; fulfilling the Seller’s obligations under the concluded contracts; fulfilling the Seller’s public law obligations (in particular, bookkeeping, tax obligations, etc.) under generally binding legal regulations; possible enforcement of the data subject’s obligations as a buyer under the concluded contract.
3. The legal basis for the processing of personal data is:
– consent of the data subject, which may be withdrawn by the data subject at any time without rendering the processing of personal data unlawful prior to the withdrawal of consent;
– the necessity of the data for the performance of contracts concluded with the seller, provided that if the personal data are not provided, such a contract cannot be concluded;
– the necessity of the data for compliance with the seller’s legal obligations;
– the necessity of the data for the purposes of the legitimate interests of the Seller, which are in particular the dissemination of information about the Seller’s commercial and other business activities.
4. Personal data will not be passed on to any other recipients, except for the accounting service provider and carriers of goods at the Buyer’s choice to the extent necessary, and will not be subject to automated decision-making or profiling. Personal data will be stored for 10 years after the end of the contractual relationship and the settlement of all obligations thereunder, unless applicable and effective law requires the Seller to store it for a longer period.
5. The data subject shall have the right to request access to, rectification, erasure or restriction of the processing of his/her personal data, the right to object to the processing and the right to data portability. These rights may be exercised by contacting the controller at the following addresses. The data subject also has the right to lodge a complaint with the Office for Personal Data Protection.
XI. Sending commercial communications and storing cookies
1. The Buyer consents to the sending of information related to the Seller’s goods, services or business to the Buyer’s electronic address and further consents to the sending of commercial communications by the Seller to the Buyer’s electronic address. The Buyer is entitled to withdraw this consent at any time.
2. The Buyer agrees to the storage of cookies on his/her computer. If the purchase can be made on the website and the seller’s obligations under the contract can be fulfilled without storing cookies on the buyer’s computer, the buyer can withdraw the consent according to the previous sentence at any time.
Unless otherwise agreed, all correspondence relating to the contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via the postal service provider (at the sender’s choice). The Buyer shall be served at the e-mail address specified in his user account or otherwise provided to the Seller.
XIII. Final Provisions
1. If the relationship related to the use of the website or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation, in particular Act No. 634/1992 Coll., on Consumer Protection, as amended.
2. The Seller is authorised to conduct business activities on the basis of a trade licence. The Buyer may contact the Seller with any complaint. If the Buyer is unsuccessful with his/her complaint with the Seller, any disputes shall be resolved in the court of competent jurisdiction. The trade inspection is carried out by the competent trade office within its competence, the buyer may also contact the Czech Trade Inspection Authority.
3. If any provision of the Terms and Conditions of Purchase is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions shall be in writing.
4. The Contract, including the Terms and Conditions of Purchase, shall be archived by the Seller in electronic form and shall not be accessible except for the performance of the Seller’s obligations under applicable law.
5. The contractual relationship between the Buyer and the Seller is concluded for the period defined by the proper performance of the parties under the relevant contract. Unless the concluded contracts or these Terms and Conditions of Purchase provide otherwise in specific cases, the contracting parties are not entitled to cancel the contract before its proper performance.
6. Contact details of the Seller:
– Delivery address: BEYOND Production s.r.o., Potoční 720/22A, Dědice, 682 01 Vyškov
– e-mail address: firstname.lastname@example.org.
7. The Czech Trade Inspection Authority, whose internet address is: www.coi.cz, is the authority for the settlement of out-of-court consumer disputes for products offered, sold, provided and mediated by the Seller. The consumer may also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
Model form for withdrawal from the contract according to the relevant legislation:
Notice of withdrawal
Electronic mail address:
– I hereby give notice that I withdraw from the contract for the purchase of these goods (*)/the provision of these services (*)
– Date of order (*)/date of receipt (*)
– Name and surname of the buyer
– Buyer’s address
– Buyer’s signature (only if this form is sent in paper form)
(*) Delete where not applicable or fill in the details.
In Vyškov on 1.9.2022
BEYOND Production s.r.o.