1. BASIC PROVISIONS

1.1. These terms and conditions (the “Terms and Conditions”) set out your rights and obligations in connection with the provision of the Provider Services (as defined below).

1.2. The service provider is Ing. Josef Jindřich, ID 17868122, place of business at Svatoňovická 1027, Praha 9 – Dolní Počernice, Postal Code 190 12 (hereinafter referred to as “Provider”).

1.3. The services (hereinafter referred to as “Services”) shall mean nutritional counseling services, the breakdown and more detailed description of which is provided on the Provider’s website at www.studiocil.eu (hereinafter referred to as “Website”).

1.4. These Terms and Conditions apply unless other terms have been expressly agreed in writing between you and the Provider. These Terms and Conditions shall also apply mutatis mutandis to the sale of goods by the Provider, if this occurs within the scope of the provision of the Services, and to the actions you perform with the Provider before the actual establishment of the contractual relationship (Article 2.1), e.g. for an initial (initial) consultation.

2. CONTRACTUAL RELATIONSHIP

2.1. The contractual relationship between you and the Provider is generally established by your binding order for the Service (hereinafter referred to as the “Order”) and its acceptance by the Provider. The ordering of the Service and its confirmation can be done verbally, especially if it is a one-off Service and you order it during your visit to the Provider, or for Services provided over a longer period of time, the conclusion of the contract is usually confirmed in writing by signing the order form (the Provider has order forms available, which are presented to clients for signature). The contractual relationship means that the Provider is obliged to provide you with the ordered Services and you are obliged to pay the price.

2.2. Before ordering the Service, have the Provider explain in detail what the Service consists of, what it includes and what its price is. Inquire about all the circumstances that are relevant to you. By ordering the Service, you confirm that you are interested in the Service and that you have all the information you need to order and use the Service.

2.3. The Provider may ask you for identification to verify your identity.

2.4. The Provider is not obliged to accept your Order if (i) You have not fulfilled Your obligations in the past in providing the Services (e.g. You have not paid the price of the Services), (ii) has doubts about your conduct as to whether you understand what the Services are about and on what terms the Services are to be provided to you; or (iii) has doubts as to whether you have a serious interest in using the Services for the purpose for which they are intended.

2.5. If you are under the age of majority, the Provider is entitled to request written consent from your legal representative to provide the Services.

2.6 Please note that the Services are neither health services (health care) within the meaning of Act No. 372/2011 Coll., on Health Services, as amended (the “Health Services Act”), nor specific health services within the meaning of Act No. 373/2011 Coll., on Specific Health Services, as amended. If your health condition requires a special approach, e.g. a certain nutritional regime, or if you are limited in taking a certain type of nutrition or in receiving another of the Services provided, always consult your doctor in advance about the use of the Services and inform the Provider of these facts.

2.7. Services within the meaning of these Terms and Conditions are not services that you do not receive from the Provider, but from third parties, although they may be services that are a condition for the proper use of the Services (hereinafter referred to as “Conditioned Services”). Supporting services are in particular services consisting in medical diagnostics or biological material sampling and their medical evaluation, and other health services within the meaning of the Health Services Act (hereinafter referred to as “Health Services”). If you and the Provider expressly agree, the Provider may arrange the Supporting Performance through an Authorized Provider, with the Provider acting as an agent and paying the cost of providing the Supporting Performance on your behalf (and out of the price of the Services under Section 4); the Services include arranging for the provision of the Supporting Performance. If the Provider undertakes to procure the Supporting Performance, the Provider shall ensure that the Supporting Performance is provided within the terms and conditions set out in these Terms and Conditions (including early termination of the provision of the Supporting Performance). If the Conditioning Services are Health Services, the provider must be an Authorised Provider within the meaning of the Health Services Act.

3. COURSE OF SERVICE PROVISION

3.1. The Provider shall provide the Services to you in a professional and diligent manner.

3.2. You are obliged to cooperate to the extent necessary in the provision of the Services, in particular to answer the Provider’s questions truthfully and, in the case of Services whose provision requires compliance with a certain regime, to attend the prescribed consultations and to follow the Provider’s recommendations regarding diet, physical activities, etc. If you do not provide the required cooperation, the Services may not produce the expected result.

3.3. Although the Services will be provided to you in accordance with current scientific knowledge, we cannot guarantee that the result you desire (e.g., weight loss of a certain number of kilograms) will be achieved. Achieving this result depends on a number of factors that are not entirely within the Provider’s control (e.g. environmental influences). By duly providing the cooperation referred to in Art. 3.2 will, however, substantially increase the probability of achieving the expected result.

3.4. If You fail to properly provide the Services or if You breach Your obligations in the use of the Services, the Provider is entitled to interrupt the provision of the Services or withdraw from the arrangement for the provision of the Services. For the purposes of this provision, the provision of assistance shall also mean payment of the price of the Services.

3.5. If the provision of the Services has been agreed for a certain number of months, the duration of the provision of the Services is calculated from the date of the agreement to provide the Services until the corresponding date of the relevant calendar month. If there is no such date in a given calendar month, the last day for the provision of the Services shall be the last day of that calendar month.

4. PRICE OF SERVICES

4.1. You shall pay the price set out in the Order for the provision of the Services. If this price is not explicitly stated in the Order or if you use the Services without signing the Order, you are obliged to pay the price set by the Provider’s price list valid at the time of commencement of the provision of the Services. This price list can be found on the Website.

4.2. Unless other payment terms are agreed, you are obliged to pay the full price of the ordered Services when ordering them to the Provider by payment methods accepted by the Provider (cash, credit card, etc.). If You and the Provider have agreed on a non-cash payment, the price of the Services (or the specified instalment, if any) must be credited to the Provider’s account on the due date. If you have agreed with the Provider to pay the price of the Services in instalments, you are obliged to pay the instalments on the agreed dates; failure to pay any instalment in due and timely manner shall render the entire price of the Services payable at once. Payment of services in instalments applies only to service packages of 6 and 12 months duration, for which the Provider offers the option to pay the price of the packages in quarterly instalments. The quarterly instalment for the six-month package means that the total price of the service is divided into 2 equal parts and is paid in two instalments. The quarterly instalment for 12-month packages means that the total cost of the service is divided into 4 equal parts and paid in four instalments. Allowing other repayment schemes is at the sole discretion of the Provider and is not a legal entitlement. Failure to pay the price of the Services or any part thereof in due and timely manner shall be grounds for the Provider to suspend the provision of the Services until payment is made and/or to withdraw from the Services (at the Provider’s option).

4.3. The price of the Services does not include services that are not provided by the Provider and that are not Supporting Services and goods that the Provider distributes, unless it is expressly agreed that certain goods are included in the price. The Provider may recommend the purchase of certain goods in connection with the provision of the Services or the use of certain partner services, but please note that this is only a recommendation and is not a condition for the proper use of the Services.

4.4. If the Services are prematurely terminated for legal reasons or as agreed by the parties and unless otherwise provided below (Section 4.5), you are entitled to a refund of the unused Services. The price of the unused Services is the positive difference between the agreed price and the sum of the default list prices of the used Services (i.e. the price of the used Services is determined on the basis of the sum of the unit default prices of the Services listed in the Provider’s price list valid at the time when the provision of the Services was agreed; if the Services are not listed in the price list, their usual price within the meaning of the legal regulations on prices is used). If the Services are part of a package of services offered by the Provider in variants of different lengths, the price of the exhausted Services shall be determined as the sum of the list price of the package offered by the Provider which is closest to the shorter length of the Services actually exhausted and the default unit prices of the Services you have exhausted beyond the length of such package. (The length of the package is defined by the duration of the package or the number of times each Service is repeated.)

4.5. However, by ordering the Services, you acknowledge that you are not entitled to a refund of any part of the price of the Services or any other discount if you have not used all or part of the Services ordered (in particular, you are not entitled to a refund of the price of the Services for the past period if you have failed to attend appointments with the Provider, as missed Services are deemed to have been used). You shall not be entitled to a refund of any part of the price of the Services or any other discount even if you unilaterally decide to terminate the use of the Services agreed for a longer period of time for any reason other than those expressly provided for by law or these Terms and Conditions.

4.6. The individual basic Services set out in the Price List are deemed to be exhausted at the moment of commencement of their use. Commencement of the drawdown means: for Services defined by performance or result: the first act performed by the Provider or the Client (whichever is earlier), for Services defined by a drawdown period: the date of commencement of the relevant drawdown period and, if not specified, the date of sale of the Services

Please note that the Services will also be deemed to be exhausted in any case if you do not start using them at the specified time.

Your rights under the law (in particular in relation to liability for defects in the Services) are not affected.

4.7 If, in accordance with the agreement of the parties, the law or these Terms and Conditions, the provision of the Services is terminated early, you hereby grant the Provider consent to issue a corrective tax document pursuant to Section 45 of Act No. 235/2004 Coll., on Value Added Tax, as amended, if the issuance of a corrective tax document is necessary for the purpose of proper settlement of the early termination of the provision of the Services.

5. COMPLAINTS

5.1. You are entitled to assert rights against the Provider who provides the Services to you for defective performance in connection with the provision of the Services (“Claim”). Complaints may relate to the content of the Services, the manner in which they are provided and the actions of a particular employee of the Provider; a change in the person of a specialist who provides you with advice in the context of the provision of the Services is not a reason for a complaint. The Complaint may be made in person at the Provider during business hours; in addition, the Complaint may be sent in writing to the address of the Provider’s premises where the Complaint may be made, or to the address of the Provider’s registered office, or electronically to the Provider’s e-mail address

5.2. The Provider shall draw up a complaint report with you for each Complaint that is filed with the Provider in person, with the details pursuant to Art. 6.10. You have the right to receive a copy of the complaint report

5.3. The Provider or an employee authorized by the Provider shall decide on the Complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of Service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless a longer period is agreed with the Provider. Failure to meet this deadline shall be deemed a material breach of the contractual relationship regarding the provision of the Services

5.4. If the Provider assesses the Complaint as justified, it will take action to remedy the defective condition and compensate you. Replacement means, in particular, a new provision of the originally defective Services or a discount on the Services provided. If the Provider evaluates the Complaint as unjustified, it will inform you without delay with the appropriate justification.

6. SCOPE OF RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. If you act as a consumer towards the Provider, the provisions of Art. 6.2-6.11 (over and above the rights given to you under Art. 5) and the provisions of Art. 8 on out-of-court settlement of consumer disputes. If you do not act as a consumer towards the Provider, the provisions of Art. 5 and the relevant provisions of the Civil Code. You act as a consumer if you are not dealing with the Provider in the course of business or in the course of your own professional activity

6.2. The Provider is responsible for the Services being free from defects when provided. In particular, the Provider is responsible for the fact that at the time you use the Services, (i) the Services have the features that you have agreed with the Provider and, in the absence of the agreement, the features that the Provider (or the manufacturer of the component of the Services) has described or that you have come to expect in light of the nature of the Services based on the advertising, (ii) the Services are suitable for the purpose for which the Provider states they are used or for which services of this kind are usually used, (iii) The Services conform in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen, (iv) the Services are in adequate quantity, measure or weight; and (v) The services comply with the requirements of the legislation

6.3. If a defect becomes apparent within six months after the Services have been used, the Service shall be deemed to have been defective at the time of use

6.4. You shall be entitled to exercise the right to claim for any defect that occurs in the Services provided within twenty-four months of the use of the Services. However, you shall not be entitled to any rights arising from defective performance if you do not notify the Provider of the defects without undue delay after you have discovered them or, with due care, should have discovered them, but no later than two years after the use of the Services

6.5. If you request it, the Provider will confirm to you in writing the extent and duration of its obligations in the event of defective performance. In the case of goods that are part of the Services, the Provider has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer of the goods last. In the confirmation, the Provider shall also indicate its name, registered office and identifying information, and, if applicable, other information necessary to establish its identity. If necessary, the Provider shall explain in the confirmation in a comprehensible manner the content, scope, conditions and duration of its liability and the manner in which the rights arising therefrom may be exercised. In the confirmation, the Provider will also state that your other rights relating to the provision of the Services are not affected. The Confirmation may be replaced by a proof of the provision of Services containing the following information

6.6. If the Services provided do not have the characteristics set out in Art. 6.2, you may request a new provision of the Services without defects, unless this is unreasonable in view of the nature of the defect; if the defect relates to only part of the Services provided, you may request a new provision of that part only; if this is not possible, you may withdraw from the Service Agreement. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, you are entitled to have the defect removed free of charge

6.7. You have the right to re-provision of the Services or parts thereof even in the event of a curable defect, if you cannot properly use the Services due to the recurrence of the defect after correction or due to multiple defects. In this case, you also have the right to withdraw from the Services

6.8. If you do not rescind the Services or exercise your right to have the Services or any part of them re-provided without defects or otherwise remedied, you may claim a reasonable discount. You are also entitled to a reasonable discount if the Provider cannot re-provide the Services or any part thereof without defects or otherwise remedy the defects, or if the Provider fails to remedy the defects within a reasonable time or if it would cause you substantial difficulty to remedy the defects

6.9. You are not entitled to any rights under the defective performance if you knew before using the Services that the Services were defective or if you caused the defect

6.10. If you assert a right arising from defective performance, the Provider shall confirm to you in writing when you asserted the right, what is the content of the Complaint, what method of handling the Complaint you require, as well as the remedy and its duration. The Provider is also obliged to issue you with a confirmation of the date and manner of handling of the Complaint, including confirmation of the remedy and the duration of the remedy, or a written justification for rejecting the Complaint

6.11. If goods are sold as part of the provision of the Services, the provisions of this Article shall apply. 6 similarly. The term “use of the Services” corresponds to the term “receipt of goods”. If the nature of the purchase so permits, you have the right to have the goods re-inspected before you or to be shown their functions. Durable goods shall be marked with the shortest shelf life or, in the case of perishable goods, the period of time for which the goods may be used. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in the advertisement in accordance with the law, this shall be deemed to be a guarantee of quality for the duration indicated. If the goods have a defect that does not prevent their use for their intended purpose, they may only be sold at a price lower than the usual price of faultless goods; the Provider will notify you that the goods have a defect and what the defect is, unless this is already obvious from the nature of the sale. If the goods have a defect that the Provider is obliged to compensate for and if the goods are sold at a lower price or are used, you have the right to a reasonable discount instead of the right to exchange the goods.

7. Privacy and confidentiality

7.1. The Provider, as the controller, will process your personal data in connection with the provision of the ordered Services. The processing of personal data is necessary for the purpose of fulfilling the Provider’s contractual obligations in connection with the ordered Services

7.2. The rules for the processing of your personal data by the Provider are set out in the data processing and privacy policy published on the Website.

7.3. The Personal Data Processing and Protection Policy shall be deemed to form part of these Terms and Conditions.

8. INFORMATION ON OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

8.1 If you are a consumer (Article 6.1), we hereby inform you that you are entitled to use the out-of-court consumer dispute resolution procedure in accordance with Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection, as amended. Consumer disputes are disputes between you and the Provider in connection with the provision of the Services

8.2. The Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Prague 2, Štěpánská 15, 120 00, www.coi.cz or adr.coi.cz) is competent for out-of-court settlement of consumer disputes under these Terms and Conditions.

9. COMMON AND FINAL PROVISIONS

9.1. You are obliged to make notifications and communications to the Provider in writing. If the contractual relationship is not subject to change or termination, it is possible to communicate by electronic mail without a guaranteed electronic signature; the same applies in the case of the Provider’s communication to you

9.2. Notices and communications shall be sent to the delivery addresses of the parties, which are the addresses specified in the Order. Both the Provider and you are entitled to change the delivery address by giving written notice to the other party

9.3. These Terms and Conditions are an integral part of the Order (contract for the provision of Services) concluded between you on the one hand and the Provider on the other hand. The rights and obligations under these Terms and Conditions form part of your contractual relationship with the Provider

9.4. These Terms and Conditions apply only to the provision of Services in the Czech Republic

9.5. These Terms and Conditions may be amended at any time by posting changes or a new version on the Website. Changes or new wording of the Terms and Conditions are binding only for arrangements for the provision of Services that were made after the publication of the changes or new wording of the Terms and Conditions on the Website.

9.6. The Provider’s website is: www.studiocil.eu

9.7. These Terms and Conditions come into force and effect on 31. 1. 2023.