Terms and conditions

These general terms and conditions (hereinafter referred to as ‚terms and conditions‚) further define and specify the mutual rights and obligations of the contracting parties in connection with the sale and purchase of products and the provision of services by the provider, or seller, as specified in Article I of these terms and conditions. The provider offers services, in particular in the field of digital education, digital creation, IT, and project consulting (IT consulting, project consulting, technical audit, website development, corporate visual identity creation, editing, proofreading, graphic design, training), and provides sales of its products (courses, e-books, applications), with all these activities being subject to these terms and conditions.

All contractual relationships to which these terms and conditions apply are concluded in accordance with the legal system of the Czech Republic.

I. Introductory Provisions

1. The service provider, or seller, is the business entity DIGIFEMME s.r.o., Identification Number: CZ21316571, with its registered office at Křižíkova 703/97a, Karlín, 186 00 Prague 8, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Entry 400033, represented by Anna Andrlová, contact email: anna@digifemme.com (hereinafter referred to as the “provider”).

2. The service purchaser, or buyer (hereinafter collectively referred to as the “customer“), is the person who, through the provider’s website www.digifemme.com (hereinafter the “website”), purchases a product offered by the provider or orders services provided by the provider, thus entering into a purchase contract, work contract, service provision contract, or other contractual relationship according to the specifics of the subject matter.

3. The subject of purchase, work, or the result of service provision by the provider is intellectual property, authored by the provider who also exercises proprietary copyright to the subject of purchase or the result of service provision. This includes e-books, presentations, courses, webinars, applications, and other products. Any dissemination or provision of the subject of purchase, work, or the result of service provision to third parties without the provider’s consent is prohibited.

4. The provider offers its products and services through an online store available on the website www.digifemme.cz (hereinafter referred to as the “store”), whereby the relevant contract is concluded remotely through the store, or in the case of certain products and services, through email communication (i.e., via means of distance communication).

5. By placing an order for the purpose of concluding the respective contract, the customer declares that they have acquainted themselves with all information relating to the respective contract and the product or service to which the contract pertains, and that they agree with them.

6. In the event that the contract is concluded through the store on the website by completing the order form, the customer is obliged to review the order before submitting it and correct any discrepancies. The provider is entitled to rely on the truthfulness, accuracy, and completeness of the data provided in the order and shall not be liable for any false, incorrect, or incomplete data filled in by the customer and the associated consequences.

7. An order for a product or service made through the store on the website is binding for the customer. Acceptance of the order by the provider will be confirmed to the customer by email sent to the customer’s email address provided in the order form. The provider is not obliged to accept the customer’s order. The respective contract is concluded only at the moment of acceptance of the order by the provider (specifically, upon delivery of the acceptance confirmation email to the customer’s email address provided in the order). If the provider does not accept the order, the customer will also be informed of this fact via email sent to the customer’s email address provided in the order, and in case of already received payment, it will be promptly refunded to the customer’s account from which it was sent.

8. By accepting the customer’s order, the provider and the customer create mutual rights and obligations based on the respective contract. The provider undertakes to deliver the purchased item, perform the work, or provide the ordered service to the customer, and the customer undertakes to pay the agreed fee for the purchased item, work, or ordered service.

9. By submitting the order, the customer confirms that they have read these terms and conditions and agree with them. These terms and conditions are an integral part of the respective contract, for the conclusion of which the customer placed the order.

In case of doubts about the authenticity of the order, the provider is entitled to contact the customer via the email address provided in the order to verify the authenticity of the order before its acceptance. If the authenticity of the order cannot be verified, it shall be deemed that the order was not placed, and further consideration of it is disregarded.

II. Delivery Conditions for Digital Products

1. In the case of purchasing a product with delivery tied to a specific date stated in the product description, the product will be delivered no later than this date, provided that the purchase price of the product has been paid by the customer before the delivery.

2. In the case of purchasing a product with delivery not tied to a specific date, the product will be delivered without undue delay after payment of the purchase price by the customer.

3. The delivery time of the product is reasonable according to the type of product and the method of payment for its purchase.

4. When purchasing an e-book, the digital content will be delivered in PDF format or a similar format and provided to the customer upon payment of the purchase price, either through an email sent to the customer’s email address provided in the order as an attachment or by sending a link for downloading or opening the e-book.

5. Consultations and other purchased services will be provided at a mutually agreed-upon time between the provider and the customer, arranged through mutual email communication or a telephone call (in the case of a telephone arrangement, the agreed-upon date must be mutually confirmed via email).

6. The customer is required to promptly verify the functionality and availability of the content upon receipt of the product. In case of discovering any defects or deficiencies, the customer is obliged to inform the provider of this fact without undue delay after such discovery via email at info@digifemme.com.

The provider advises that for the full functionality of digital content, the customer must have hardware and software equipment that allows, in particular, the opening and working with documents in PDF format. Otherwise, the provider is not responsible for the proper functionality of the product or the availability of its content.

III. Price of Products and Services, Payment Terms

1. The price of products is stated on the provider’s website, and this price is valid and binding for the entire period it is listed on the website. In the case of a promotional price for a product or service, this price is valid only under the conditions and for the duration specified for this promotional price. Due to the nature of the products and services, there are no associated costs for shipping or other expenses related to the delivery of the product or service.

2. If not expressly agreed otherwise between the provider and the customer, the provider is obliged to deliver the product or provide the service only after the complete payment of the agreed price for the product or service by the customer.

3. Payment can be made based on an invoice issued by the provider or payment instructions sent by the provider, in the following forms:

   • non-cash bank transfer to the account of the provider as stated on the invoice; when making the payment, it is necessary to include the corresponding variable symbol (payment processing in such case may take 1 to 2 business days);
   • payment buttons (fast and convenient bank transfer);
   • non-cash payment by VISA, VISA Electron, MasterCard, Maestro debit or credit cards via online payment.

The provider’s invoice will be delivered to the customer as part of the order confirmation email.

Any additional payment methods will be stated on the provider’s website or may be expressly agreed upon between the provider and the customer. The price of the product or service can be paid in Czech crowns or euros.

• • The due date is always stated on the invoice or in the payment instructions. In case of non-compliance with the due date, the customer may be charged statutory late payment interest.

• • The price for ordered products or services cannot be paid in installments.

• • The provider advises that a product or service delivered via email may be placed in the „Bulk“ or „Spam“ folders of the email interface. In the event of non-delivery of the product or service within the agreed deadline, the customer is required to check these folders in their email inbox. If the purchased item or the result of the service provision is not found in these email folders, the customer should promptly contact the provider via email at info@digifemme.com.

IV. Consultations

1. IT and project consultancy can be ordered from the provider via a form located on the provider’s website, by email, or by phone.

2. The contract for the provision of services is concluded by the electronic confirmation of the order by the provider via an email sent to the customer’s email address provided in the order, or communicated by phone (i.e., even in the case of a telephone order, the order must be confirmed by email).

3. The provider undertakes to maintain confidentiality regarding all facts related to the customer’s trade secrets, the disclosure of which could lead to the client’s detriment in a competitive environment. The content of the consultation is confidential.

4. During the consultation, the principle of exclusivity is not applied. The provider is entitled to offer its services to clients who may be considered mutual competitors. However, the provider makes every effort to propose solutions that would differentiate the customer in the market from the competition, rather than solutions that copy the practices of competitors.

5. Consultations are provided by the provider in person or online, as agreed between the provider and the customer, taking into account the specific circumstances of the case (time availability, geographic distance, type of consultation, etc.).

6. The provision of consultation begins precisely on the date and time agreed upon between the provider and the customer (hereinafter referred to as the ‚agreed-upon date and time‚). The agreed-upon date and time are considered to be the time mutually agreed upon between the provider and the customer after placing the order via email. If the customer does not attend the consultation at the agreed-upon date and time (i.e., at the exact agreed-upon hour) or is not ready for the consultation (in the case of consultations conducted remotely), the missed time is counted towards the consultation time, and the customer is not entitled to any compensation for it. If the provider is not ready for the consultation at the agreed-upon date and time, the provider will make up for the missed time for the

   customer.

7. In the event that the consultation does not take place at all due to reasons on the customer’s side, without the customer providing prior notice of their absence from the consultation, the provider will invoice the customer for one hour of consultation.

8. The fee for consultations is charged at the standard hourly rate, as listed on the provider’s website. The fee is charged for each commenced hour.

9. The consultation fee is payable based on an invoice issued by the provider after the consultation has taken place. Payment can be made via bank transfer to the provider’s account as stated on the invoice; it is necessary to include the relevant variable symbol when making the payment (payment processing in such cases may take 1 to 2 business days).

V. Web Development

1. Acceptance of the websites created by the provider will be confirmed by the customer by approving them via email and consenting to the sending of login credentials, or by transferring the websites to the customer’s account with the provider of the domain/web hosting.

2. Plugins may only be used with the consent of the customer, and always in such a way as not to disrupt the operation of the websites, with only essential plugins chosen to provide the service.

3. The provider undertakes to rectify any deficiencies relating to the content or visual aspects of the websites within 30 days of handing them over to the customer, free of charge, provided they are not deficiencies caused by the customer. After the expiry of the deadline mentioned in the preceding sentence, the customer is entitled to request rectification of deficiencies only for a fee, based on the service provision hourly rate stated on the provider’s website.

4. In the event of premature termination of cooperation, the provider shall hand over the websites to the customer in their current state of development at the time of termination of cooperation, along with written documentation regarding the status of the websites. The invoice issued by the provider in such a case includes only the amount for the work already performed by the provider, determined according to the hourly rate stated on the provider’s website.

5. The use of the WordPress content management system is included as part of the websites, and it is provided under the GNU General Public License.

6. The websites are built using the Elementor Pro template, and as part of the collaboration, this template is provided to the customer for a lifetime.

7. After the website is handed over to the customer, the maintenance of the website is solely the responsibility of the customer, who is therefore responsible, for example, for performing regular updates to the website.

VI. Contract cancellation

1. If the contract between the provider and the customer, who is a consumer, is concluded using means of distance communication within the meaning of § 1824 et seq. of Act No. 89/2012 Coll., the Civil Code, the customer is entitled to withdraw from the contract within the statutory period of 14 days in accordance with § 1829 of the Civil Code, by sending an email to the provider explicitly containing information about the withdrawal from the contract by the customer.

2. The rules for withdrawal from the contract do not apply to the provision of services (e.g., consultations or website creation) if they are provided before the expiration of the withdrawal period according to the previous paragraph.

3. The consumer is not entitled to withdraw from the contract if the subject of the contract was the delivery of an online product, as it is a so-called contract for the supply of digital content within the meaning of § 1837 letter l) of the Civil Code, which was not delivered on a tangible medium, provided that this product was delivered with the prior express consent of the consumer before the expiration of the withdrawal period from the contract.

4. Rights and obligations of the provider and the consumer, who is a consumer, not expressly regulated by these terms and conditions, shall be governed by the relevant provisions of the Civil Code.

VII. Applicable Law and Dispute Resolution

1. The applicable law in the event of a dispute between the provider and the customer is the law of the Czech Republic.

2. The customer agrees to primarily resolve disputes through out-of-court consumer dispute resolution (ADR) under the Czech Trade Inspection Authority (CTIA) via a web form on the CTIA website. If the customer’s request is deemed reasonable by the ADR, the provider will be asked to respond for the purpose of amicably resolving the

   dispute.

3. Before initiating any dispute under these terms and conditions, the provider recommends that the customer first contact them via email at info@digifemme.com and inform the provider of their complaint regarding the concluded contract, its performance, or the provider’s activities in this regard. The provider will attempt to offer the customer an acceptable solution to the complaint in order to prevent any further dispute.

VIII. Guarantees and Complaints

1. The provider does not offer any warranty for the offered products or services.

2. The customer is entitled to assert rights from defective performance through the contact email of the provider specified in these terms and conditions.

3. The provider is responsible for ensuring that the product has no defects upon receipt.

4. The rights and obligations of the provider and the customer related to the exercise of the right to defective performance are governed by the relevant provisions of the Civil Code.

VIIII. Protection of Personal Data

1. If the customer agrees upon entering into a contract that the provider is authorized to process the customer’s personal data for the purpose of sending commercial and marketing communications from the provider to the customer, the provider is entitled to send such communications to the customer until the customer informs otherwise.

2. Information on the processing of the customer’s personal data is provided in a separate document „Information on the processing of personal data“. 

X. Final Provisions

1. The contract between the provider and the customer is concluded for a fixed period, until the fulfillment of the obligations of the provider and the customer arising from the contract.

2. These terms and conditions are effective as of March, 2024.

3. In the event that any issue addressed by these terms and conditions is regulated directly in the contract concluded between the provider and the customer differently from these terms and conditions, the regulation agreed in the relevant contract shall apply. These terms and conditions apply only subsidiarily in relation to the contract, i.e. in matters not directly addressed by the contract.

4. The provider is entitled to change these terms and conditions to a reasonable extent, while the version of the terms and conditions effective at the time of the conclusion of the contract will always apply to the relevant contracts concluded between the provider and the customer.

5. Rights and obligations not regulated by the relevant contract or these terms and conditions are governed by the relevant provisions of the Civil Code.

6. The provider bears no responsibility for the subsequent use of the product or the result of the service provided by the customer and the resulting consequences.

7. The content of the provider’s website is protected by copyright. Unless otherwise stated, the contents may not be copied or reproduced, nor distributed through other channels.