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Terms and Conditions

 

1. Subject

1.1 The subject of the Terms and Conditions (hereinafter referred to as the "T&Cs") is the regulation of the rights and obligations of the Provider and the Customer when providing services – e-books (electronic book publications) (hereinafter referred to as the "Product" or "Products"). These Terms and Conditions are governed by the law of the Czech Republic. In the event that the Customer is a consumer, the provision of the service is based on § 2389g to § 2389u et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). However, if the Customer is not a consumer, these provisions do not apply and the parties agree to exclude the applicability of Sections 2389g to 2389u of the Civil Code. In addition, if the Customer is a consumer from another country, the Customer receives the protection afforded by the mandatory provisions of the law in force in the country where he resides.

1.2 The Provider of the Products is Porta Medica s.r.o., with its registered office at Opletalova 1525/39, Nové Město, 110 00 Prague 1, ID No.: 03301931, registered in the Commercial Register maintained by the Municipal Court in Prague under the Commercial Register No. C 229867, e-mail: services@portamedica.eu, telephone: +420 724 979 494 (hereinafter referred to as the "Provider").

1.3 Customer means the person requesting or ordering the Products (hereinafter referred to as "Customer").

2. Conclusion of the contract

2.1 The Contract is concluded in English via the website, i.e. using remote means of communication, which is not subject to any special costs. By concluding the contract, the Customer agrees to these T&Cs. The Customer agrees to provide (i) pre-contractual data, (ii) confirmation of the conclusion of the contract and (iii) confirmation of consent to commence performance before the expiry of the withdrawal period in electronic form.

2.2 The Contract is concluded at the moment of acceptance of these T&Cs and ordering the Product via the order form on the Product page or by ordering by e-mail to: services@portamedica.eu (this method is mandatory when ordering more than 1 license of any Product). The Customer will receive the confirmation of the conclusion of the Contract, which is attached to these T&Cs, by e-mail without undue delay after the conclusion of the Contract, however, the Provider does not create or store a copy of such Contract.

2.3 In the event that there is an obvious technical error on the Provider's side in stating the price of the Product, the Provider is not obliged to deliver the Product to the Customer for this obviously erroneous price even if the Customer has been sent an automatic confirmation of the conclusion of the contract in accordance with these T&Cs and is entitled to withdraw from the contract. The Provider shall inform the Customer of the error without undue delay and, if applicable, refund the price already paid for the Product to the Customer. A manifestly erroneous price means a price that is objectively totally disproportionate in relation to the prices customary at a particular place and time for a similar or comparable type of goods in terms of use.

2.4 Information about the Products, including the prices of each Product, delivery terms and main features, is provided on the page of each individual Product. Information about the functionality of the Product, including technical protection measures, as well as information about the functioning of such digital content together with the technical and software (compatibility and interoperability) known to the Provider is also provided here.

3. Price, ordering Products and payment terms

3.1 The price for the Product is always determined according to the Provider's current price list available on the Product's website or is indicated in the web presentation of the respective Product. The quoted price, after taking into account any discount, if applicable in a particular case, is final, including any costs and fees related to the provision of the Product. The price is inclusive of value added tax (VAT), if applicable, unless otherwise stated for the Product.

3.2 The Product can be ordered directly on the Product pages via the order form. If necessary, the Product can also be ordered through the customer service department at the following e-mail address: services@portamedica.eu.

3.3 The price due date and information of when the Product will be made available and how it will be made available will be indicated on the Product page or in the ordering process. The Provider will send a tax receipt to the Customer's contact email address within 3 working days of payment of the Product price.

3.4 Since the Purchase Contract is to be concluded with regard to the purchase of an e-book that is not delivered on a tangible medium, i.e. with regard to the provision of digital content by the Provider to the Customer, the Customer shall, before sending the order to the Provider, provide explicit consent to the delivery of this digital content to the Provider before the expiry of the withdrawal period. The Customer acknowledges that by giving consent in accordance with the previous sentence, the Customer loses the right to withdraw from the purchase contract for the e-book (by making the digital content available) within the 14-day period. Confirmation that the Customer has given his/her consent in accordance with this paragraph and that his/her right to withdraw from the contract pursuant to Section 1837 of the Civil Code has thereby ceased shall also be indicated in the order confirmation sent to the Customer's e-mail address.

3.5 The Customer may pay the price of the Product in the following ways:

a) cashless payment by credit or debit card through a payment gateway

b) by wire transfer to the Provider's account No. 131-2378040257/0100; the purchase price is then payable within five (5) days of the conclusion of the purchase contract. In the case of this type of non-cash payment, the Customer is obliged to pay the purchase price together with the variable symbol of the payment.

3.6. In the case of non-cash payment, the Customer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Provider's account.

3.7. In the event that the price for the Product is not credited to the Provider's account on the same day on which the purchase contract was concluded (in case of payment through a payment gateway) or within five (5) days from the conclusion of the purchase contract (in case of payment by wire transfer), the Provider shall have the right to withdraw from the contract and it shall be cancelled from the beginning.

4. Copyright and digital content

4.1 Provision of the Products means the making of a reproduction of the Work in electronic form for consideration in accordance with the licence granted for the particular Work. All content of the Products is protected by copyright and intellectual property laws. Any distribution of the content of the Products is prohibited, in particular the Customer is not entitled to use the Product other than for his/her personal use, i.e. he/she may not redistribute, sell, rent, lend, communicate to the public or in any way provide to third parties. The Products may not be copied or printed. The Provider grants a license to a specific user; in the case of a Customer – natural person, this user is the Customer, in the case of a Customer – legal person, the licence is granted to an internal employee of the Customer, in the case of a multi-license, it is granted to the ordering legal person, which may grant it to all its internal employees, with the exception of external collaborators. The licence is granted without territorial limitation, unless otherwise specified in a particular case. The Customer further acknowledges that in any use of the Products, the Customer shall respect and comply with applicable law, in particular copyright law, and shall avoid any interference with copyright and intellectual property rights. The Customer acknowledges that he/she may be sanctioned under applicable law for violation of copyright or other rights protected by law.

4.2 Any opinions, statements, responses or views ("Views") contained in the Products express solely and exclusively the views of their authors. Such opinions are based on the current state of knowledge and legal practice as of the date of the relevant Product and may not be current or accurate as of the date they are displayed by the Customer and therefore may serve only as one of several sources of knowledge. The opinions do not constitute the rendering of legal, tax or other advice and thus do not take into account the specifics of any particular Customer or third-party case. The author of the opinions is solely and exclusively responsible for the content of the opinions. Opinions are provided for informational purposes and are not legally binding. The Customer shall consult a person authorised to give advice in the relevant field before making any decision taking into account the opinions. Opinions are intended solely for the internal use of the Customer and the Provider shall not be liable for any damage or injury of any nature incurred by the Customer in acting on the contents of the opinion of the authors.

4.3 The hardware and software required for the use of the digital content is specified for the specific digital content on the Provider's website.

4.4 Unless otherwise specified for specific Digital Content, the Provider does not provide updates to the Digital Content.

4.5 The Customer acknowledges and undertakes to respect the fact that e-books may be encrypted with technical rights protection "Adobe DRM" or be unencrypted with a watermark (social protection). The Purchaser acknowledges that circumvention of effective technical protection means is, inter alia, an interference with copyright within the meaning of Section 43 of the Copyright Act (Act No. 121/2000 Coll., as amended), and the Provider shall use all available legal means to draw the consequences of such infringement.

5. Personal data

The personal data provided by the Customer when arranging the Product is handled by the Provider in accordance with the Provider's personal data processing and protection policy available here.

6. Rights from defects, claims

6.1 The Customer has the right to claim the Product in the following cases:

a) has paid for the eBook and has not received it within the time limit specified in the order offer and order confirmation (this time limit is usually until the end of the working day following the day of ordering, if payment via a payment gateway has been selected; in the case of payment by wire transfer, then until the end of the working day following the day on which the payment has been credited to the Provider's account);

b) upon receipt of the Product, you discover that the file contains a different eBook than the one you originally ordered;

c) the Product file is corrupted and cannot be viewed if it a defect not attributed to the Customer.

6.2 In particular, the notification that the Customer did not know that it is an electronic book shall not be considered as a reason for a complaint. A defect for which the Provider shall not be liable is a defect caused by the Customer and cases where this results from the nature of the matter. Defects in the Product are not inaccuracies of opinion according to paragraph 4.2 of these T&Cs. Defects in digital content that are insignificant are not grounds for complaint; insignificant defects in digital content are primarily typos or insignificant stylistic defects.

6.3 The Customer acknowledges that the reading of the Products is subject to the existence of specific software and hardware. The Provider is not responsible for the inability to download the Product due to the Customer's lack of technical and software equipment to download it.

6.4 The Customer is obliged to file a claim without undue delay after the defects have been discovered. The Customer is entitled to claim the Products by sending a claim by e-mail to services@portamedica.eu – the e-mail must contain the order number, the goods to which the claim relates, a description of the defects found and their manifestations. The complaint is made at the moment when the Provider receives the e-mail message from the Customer.

6.5 The Customer, who is not a consumer, may complain about a defect that the Product had at the time of its acceptance. A Customer who is a consumer may complain about a defect which, contrary to the Provider's obligation, appears in the Product within two years of receipt of the Product.

6.6 Complaints, including the removal of defects, will be settled without undue delay, no later than 30 days from the date of the complaint, unless the Provider and the Customer agree otherwise.

6.7 In the event of legitimate defects in the Product, the Customer shall have the following rights:

  • if the Digital Content has a defect for which it cannot be displayed and which is not attributable to the Customer, or if Digital Content other than the ordered Digital Content is displayed, the Customer may request that the defect be corrected, unless this is impossible or unreasonably expensive, or that the correct Digital Content be sent; the Provider shall correct the defect or send the correct Digital Content within a reasonable time after the defect has been identified so as not to cause the Customer significant inconvenience;

  • The Customer may demand a reasonable discount or withdraw from the contract if the Provider has not remedied the defect within a reasonable time or it is evident from the Provider's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer, if the defect remains after remedy or if the defect is a material breach of contract;

  • the reasonable discount under the preceding clause shall be determined as the difference between the value of the digital content without defect and the defective digital content provided to the Customer.

 

7. Withdrawal from the contract by the consumer

7.1 The Customer is not entitled to withdraw from the Contract after the commencement of performance within the 14-day period, as it is the delivery of the Product, which is digital content that has not been delivered on a tangible medium, under the conditions set out in Article 3.4 of these T&C. The Customer may withdraw from the Contract before the Product is sent.

7.2 If the Provider is in delay in making the digital content available, the Customer may withdraw from the contract if the Provider fails to perform its obligation without undue delay after the Customer has called for performance, or within an additional period agreed by the parties, or without an additional period if it is clear from the Provider's statement or circumstances that the Provider will not provide the digital content, or if it is also clear from the parties' agreement or circumstances that performance within the specified time is necessary.

7.3 The Customer may also withdraw from the Contract if it has made a legitimate claim and the Provider has not remedied the defect within a reasonable time or it is apparent from the Provider's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer, if the defect remains after remedy or if the defect is a material breach of the Contract.

7.4 For withdrawal from the Contract, the form set out in Annex 1 to these T&Cs may be used.

 

8. Final provisions

8.1 A change or cancellation of the contractual obligation between the Customer and the Provider, as well as ancillary arrangements, require a written form. The Provider shall also consider communication by electronic mail to be in writing.

8.2 The Provider is entitled to unilaterally amend and supplement these T&C and to adjust the prices of the Products. In relation to the changes to the T&Cs, the Customer is entitled to terminate the concluded contract, if not yet fulfilled, with effect from the day preceding the date of entry into force of the new version of the T&Cs. If he fails to do so, he shall be deemed to have accepted the changes.

8.3 The Customer is entitled to address any complaints related to the provision of the Product to the Provider, who is obliged to handle such complaints primarily amicably, and the Customer in the position of a consumer may also use:

  • out-of-court resolution of consumer disputes, which in the case of the Contract is the jurisdiction of the Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 110 00 Prague 1, ID No.: 000 20 869, with the Internet address https://adr.coi.cz/cs;

  • an online dispute resolution platform located at http://ec.europa.eu/consumers/odr; and

  • filing a complaint with the Czech Trade Inspection Authority, which is the supervisory authority over the Provider's activities.

8.4 The Customer shall be obliged to notify the Provider of any change in the data on its side without undue delay after the change has occurred. In the event that the Customer fails to communicate such change, the Provider shall not be liable for the consequences of incorrect delivery of mail, including invoicing and the resulting interest for delay or changes in the contractual terms.

8.5 The Contract is governed by the applicable laws of the Czech Republic, in particular the Civil Code. Application of United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The Parties agree to resolve any disputes that may arise in connection with this Contract and its implementation primarily by mutual amicable agreement, amicably and, if possible, out of court. In the event that the dispute cannot be resolved out of court and the Customer is not a consumer, the jurisdiction of the District Court for Prague 1 is agreed.

8.6 In the event that any provision of the PO conflicts with a provision of the Contract, the provisions of the Contract shall prevail. For legal relations arising from the Contract, if the Customer is not a consumer, the Parties exclude the application of the provisions of Sections 1799 and 1800 of the Civil Code with regard to additional rights related to the reference to the T&Cs.

8.7 These T&Cs are effective from 26 March 2024.

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