Seller Identification

The seller is Mgr. Marika Mikušová (hereinafter referred to as the „Seller“) with its registered office at Dolní Sklenov 14, Hukvaldy 739 46, Czech Republic, registered in the Trade Register in Frýdek-Místek, Czech Republic. Contact email: marika@denikletusky.cz

These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer via the web interface available at www.denikletusky.cz.

These Terms and Conditions are an integral part of the purchase contract. Any provisions in the purchase contract that differ from these Terms and Conditions shall take precedence over these Terms and Conditions.

Method of Trading

The Seller is a self-employed person (OSVČ) who sells physical products (e.g., books), digital products (e.g., online educational programs, e-books, webinars, etc.), as well as various seminars and consultations via remote communication, i.e., through an online interface.

All contractual relationships are concluded in accordance with the legal system of the Czech Republic. Legal relationships not expressly governed by the purchase contract and these Terms and Conditions are subject to the Civil Code and the Consumer Protection Act.

The purchase contract is concluded between the Seller and the Buyer through the web interface, where a precise description of the selected product/service is provided (e.g., www.denikletusky.cz).

The sales form on the web interface always includes information about the Buyer, the ordered product/service, the price including taxes and fees, the method of payment, the requested delivery method, and any costs associated with delivering the product or providing the service. Costs incurred by the Buyer when using remote communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer, provided they do not differ from the standard rate.

The purchase contract is concluded upon submission of the order (not upon confirmation of the order). By submitting the order, the Buyer confirms that they agree to the use of remote communication for concluding the contract, have been informed of all contractual details in advance, have read these Terms and Conditions, which are an integral part of the purchase contract, and agree to them. The Seller considers the Buyer’s information provided in the order to be accurate.

Products and Services

The designation of the product or service and its main features are specified on the selected web interface, e.g., www.denikletusky.cz etc.

Selected products are subject to copyright law, and any distribution or provision to third parties without the author’s consent is prohibited.

For any educational or informational products, these are always provided only as guidance and recommendations. The Seller bears no responsibility for their application by the Buyer, considering various factors on the Buyer’s side that may influence the final result.

Contents

1. General Provisions
2. Order and Conclusion of Purchase Contract
3. Price and Payment Method
4. Delivery Terms
5. Security and Copyright Protection
6. Withdrawal from the Purchase Contract
7. Rights and Obligations Regarding Defective Performance, Complaints
8. Money-Back Guarantee
9. Limitation of Liability
10. Data Protection
11. Final Provisions

1. General Provisions

1.1. These General Terms and Conditions (hereinafter „Terms and Conditions“) apply to the sale of products and services by Mgr. Marika Mikušová (hereinafter „Seller“) with its registered office at Dolní Sklenov 14, Hukvaldy 739 46, Czech Republic,  company ID: 09742379, registered in the Trade Register in Frýdek-Místek, Czech Republic via remote communication through the Seller’s website interface.

1.2. The Terms and Conditions define and specify the rights and obligations of the Seller and the Buyer.

1.3. The provisions of the Terms and Conditions are an integral part of the purchase contract.

1.4. If the Buyer is a consumer (a natural person who does not act within the scope of their business or other entrepreneurial activity or independent profession when concluding and fulfilling the purchase contract), relations not governed by the Terms and Conditions are also governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).

1.5. These Terms and Conditions are available on the Seller’s website and apply to the sale of products and services on www.denikletusky.cz.

1.6. User Account. Upon registration on the website, the Buyer may access their user interface for certain products and services. The Buyer can place orders through their user interface (hereinafter „User Account“). If the web interface allows, the Buyer may also order products and services without registration directly via the web interface.

1.7. The Buyer must provide accurate and truthful information during registration and ordering. Any changes must be updated in the User Account. The Seller considers all information provided by the Buyer in the User Account and order as accurate.

1.8. Access to the User Account is secured by a username and password. The Buyer must maintain confidentiality regarding information necessary for accessing their account.

1.9. The Buyer is not authorized to allow third parties to use their User Account.

1.10. The Seller may cancel the User Account, especially if the Buyer has not used it for more than 12 months or has violated their obligations under the purchase contract (including these Terms and Conditions).

1.11. The Buyer acknowledges that the User Account may not be continuously available due to necessary maintenance of the Seller’s hardware/software or third-party maintenance.

2. Order and Conclusion of Purchase Contract

2.1. All product and service presentations on the web interface are for informational purposes, and the Seller is not obliged to fulfill them. Section 1732(2) of the Civil Code does not apply.

2.2. Product/service designation, main features, and price are stated on the selected web interface and on the order form. Offers remain valid while displayed.

2.3. The order form contains information about the customer, product/service, price including taxes and fees, payment method, requested delivery method, and delivery costs. Delivery costs are not charged for online products. Costs for remote communication are borne by the customer. The Seller may conclude contracts under individually agreed terms.

2.4. The contractual relationship arises upon submitting the order, not upon confirmation. By submitting the order, the Buyer confirms reading and agreeing to the Terms and Conditions. Orders with modifications or deviations are excluded.

2.5. The Buyer can review and correct order data before submission. Information provided is considered accurate.

2.6. The Buyer agrees to the use of remote communication for concluding the contract.

2.7. The purchase contract or tax document is stored electronically for 5 years for fulfillment purposes and is not accessible to third parties.

2.8. The Seller must provide the ordered product/service, and the Buyer agrees to accept and pay for it.

2.9. Ownership transfers upon payment and receipt.

2.10. Buyers must meet the necessary technical requirements for online products and webinars.

3. Price and Payment Method

3.1. Prices including taxes and fees are stated on the web interface and order form. Prices are final.

3.2. For selected products, the Buyer must also pay packaging and delivery costs if applicable.

3.3. The Seller will issue a tax document/invoice for payments.

3.4. Payment is made cashless to the Seller’s account or as selected in the order form.

3.5. Payment is generally one-time; installment options may be offered under separate agreements.

3.6. The Buyer must include the correct variable symbol for payment identification.

3.7. Payment is due within 7 days unless stated otherwise.

3.8. Late payments incur 0.1% interest per day, up to the purchase price.

4. Delivery Terms

4.1. For online products, delivery means sending access details or URLs to the Buyer’s email.

4.2. Access is provided after full payment, within three days unless stated otherwise.

5. Security and Copyright Protection

5.1. Access data to online products or to the relevant URL address are intended solely for the personal use of the Customer. Access to the User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding information necessary to access their User Account for the online product or provided URL address. The Seller bears no responsibility for the misuse of the username and password by a third party.

5.2. The products that the Seller sells via the web interface (online educational programs, webinars, books, etc.), including their content, are subject to legal protection under copyright law. Any distribution or provision to third parties without the author’s consent is prohibited. The right to use the copyrighted work may be granted to the Customer only based on a license agreement. The Customer is liable to the Seller for any damage caused by violating the rights protecting the copyrighted work.

6. Withdrawal from the Purchase Contract

6.1. Withdrawal from the purchase contract by the Buyer. If the Buyer is a consumer, they have the right, in accordance with the provisions of § 1829(1) of the Civil Code, to withdraw from the contract within fourteen days of concluding the purchase contract, without giving any reason and without any penalty.

6.2. If you decide to withdraw within this period, please comply with the following conditions:

• No later than the 14th day after the confirmation of the service order, a declaration of intent to withdraw from the contract must be sent to the Seller in writing at the Seller’s registered office, where the Buyer must provide exact identification of the purchase (order number, name, variable symbol, and date of purchase).

• In the case of the Buyer’s withdrawal from a contract for an online educational product, the Seller is entitled, immediately upon receipt of the withdrawal, to deactivate and block the Buyer’s access to the member section of the program.

• Notice regarding the exception to withdrawal from contracts concluded for digital content for the Buyer: The Buyer loses the right to withdraw from the contract and to a refund for the following digital content: Diary of a Flight Attendant (PDF, mobi, Epub), Diary of a Flight Attendant 2 (PDF, mobi, Epub), Diary of a Flight Attendant 3 (PDF, mobi, Epub), unless the parties agree otherwise. The Buyer is obliged to check in advance the required format (exchange of an incorrectly purchased format for another is not possible).

6.3. Withdrawal from the contract by the Seller. The Seller is entitled to withdraw from the purchase contract without undue delay if they find that the other party has materially breached the contract. For the purposes of this contract, a material breach is considered:

• The Buyer’s delay in paying the purchase price or partial payment (installment) for more than 10 days after the due date.

• Aggressive or otherwise inappropriate behavior of the Buyer.

• Breach of copyright protection obligations by the Buyer.

• Violation of the rights or legitimate interests of the Seller, persons affiliated with the Seller, or persons in a competitive position to the Seller, or where the Seller has reasonable suspicion that the use of the Seller’s products could lead to damage to the Seller’s name or business.

7. Rights and Obligations Regarding Defective Performance, Complaints

7.1. The rights and obligations of the contractual parties regarding the Seller’s liability for defects, i.e., rights from defective performance, are governed by the relevant generally binding regulations (in particular the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code).

7.2. The Seller is liable to the Customer that the product is free of defects upon receipt. If the product upon receipt does not conform to the purchase contract, the Customer has the right for the Seller to, free of charge and without undue delay, bring the product into a condition corresponding to the purchase contract.

7.3. The Customer shall assert defective performance without undue delay to the Seller, but no later than two years from the date of receipt of the product.

7.4. For complaints, please contact us by email at marika@denikletusky.cz. The complaint should include proof of purchase and a description of the defect. You will be informed by email about the method of handling the complaint.

7.5. The Customer may request free removal of the defect, a reasonable discount from the price, and if not disproportionate to the nature of the defect (in particular, if the defect cannot be remedied without undue delay), the Customer may request delivery of a new, defect-free product. If repair or replacement is not possible, based on withdrawal from the contract, the Customer may request a full refund of the purchase price.

7.6. Complaints will be processed without undue delay, no later than 30 days from the date the complaint is lodged, unless the Seller and the Customer agree on a longer period.

7.7. The Seller is not obliged to comply with the Customer’s claim if the Seller proves that the Customer knew about the defect before taking over the product or caused it themselves. The Seller is not liable for defects arising from normal wear and tear or failure to follow the instructions for use. The Seller is also not liable for defects that may occur due to the Customer’s slow internet connection, outdated web browser, or uninstalled required software necessary to run a webinar or online product, which the Seller cannot influence. Online educational products and webinars contain only guidance and recommendations; the Seller is also not responsible for the Customer’s success or failure in applying them in practice.

8. Money-Back Guarantee

8.1. Because we care about your satisfaction with our products, we provide, for selected products (online educational programs and webinars, online photographs, and possibly some courses and seminars), the option to withdraw from the purchase contract within 30 days of purchase, i.e., after receiving the access link or URL sent to your provided email address, with a money-back guarantee in case you are not satisfied with the product or find that the purchased training or program is not suitable for you. Whether the guarantee is provided for a specific product is stated on the website of the selected product.

8.2. The Customer shall send the withdrawal from the purchase contract electronically to marika@denikletusky.cz with a statement that they are withdrawing from the purchase contract, attaching a copy of the invoice/tax document and stating the date of purchase.

8.3. In the event that the Buyer validly withdraws from the purchase contract, the money will be refunded in the same manner as it was received, within 30 days from the delivery of the withdrawal from the purchase contract and the sending of confirmation of receipt of the corrective tax document.

8.4. When returning goods, the Buyer shall first agree with the Seller via the email address marika@denikletusky.cz on the address to which the returned goods should be sent.

9. Disclaimer

9.1. All products and services intended for educational and informational purposes are provided solely as guidance and recommendations.

10. Protection of Personal Data

10.1. Confidentiality
The Seller fully respects the confidential nature of your data provided in the order. The data is secured and protected against misuse. It is used for the execution of the entire transaction, including necessary accounting operations, issuance of tax documents, identification of cashless payments, and communication with the Customer, i.e., all customer administration, as well as for marketing purposes. This data is stored in a database with strict protection against misuse and is not provided to third parties.

10.2. Updating and Scope of Data
Upon request, the Seller will, to the extent possible, promptly and in writing, inform whether and what personal data is recorded. If, despite our efforts to ensure accuracy and up-to-date information, incorrect data is recorded, the Buyer may request its correction. If you have questions regarding the processing of your personal data, you may contact marika@denikletusky.cz.

10.3. Collection and Processing of Personal Data
When visiting the Seller’s website, the IP address assigned by the internet service provider, the webpage from which the visit was made, the pages visited, as well as the date and duration of the visit are recorded in the standard way. Personal data is recorded only if voluntarily provided, for example, during registration, surveys, contests, or for the execution of a contract. Disclosure of personal data to state institutions and authorities occurs only within the scope of binding legal regulations. Employees, agencies, and business partners are bound by confidentiality on the part of the Seller.

10.4. Consent to the Processing of Personal Data
By completing the sales form, the Customer agrees to the inclusion of the personal data provided by them in the Seller’s database, who acts as the data controller, and to its subsequent processing for marketing purposes and commercial communication via electronic means in accordance with Act No. 480/2004 Coll., for the duration until the consent is revoked. At the same time, the Customer consents to receiving information from the Seller about upcoming events and offers from its business partners.

10.5. Principles of Personal Data Processing and Protection
The full text of the Principles of Personal Data Processing and Protection can be found under a separate tab on the website.

10.6. Opt-Out Option
We want to use your data to inform you about our products and services or to gather your feedback. Participation in such activities is entirely voluntary. If you do not agree, you can notify us at any time so that the data can be blocked accordingly. In the case of email communication, you can unsubscribe at any time using the unsubscribe link provided in the footer of each email.

10.7. Cookies
The Seller uses cookies to track visitor preferences and to optimize the website accordingly. Cookies are small “files” stored on the hard drive, facilitating navigation and ensuring a high level of user comfort on the website. Cookies can be used to determine whether it is a repeat visit to the Seller’s website. Visitors can disable the use of cookies in their internet browser.

11. Final Provisions

11.1. These Terms and Conditions are displayed on the Seller’s website specified in point 1.5.

11.2. Complaints and remarks from the Buyer concerning the contractual relationship concluded between the Seller and the Buyer are handled by the Seller. Complaints can be submitted to the Seller at marika@denikletusky.cz. If the content of the complaint constitutes a claim, it will be handled as a claim. Buyers may also address their complaints to supervisory and state authorities, such as the Czech Trade Inspection Authority or the Office for Personal Data Protection.

11.3. All legal disputes arising in connection with the purchase contract will be resolved in civil court proceedings by the general courts of the Czech Republic.

11.4. If a relationship related to the use of the website or a legal relationship based on the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

11.5. The Seller reserves the right, for selected products, to adjust additional rights and obligations of the contractual parties beyond these Terms and Conditions. These rules will always be stated on the website of the respective product and take precedence over the provisions of the Terms and Conditions.

11.6. The purchase contract, including the Terms and Conditions, is archived in electronic form and is not publicly accessible.

11.7. The Seller may amend or supplement the wording of these General Terms and Conditions, and such changes become effective upon publication of the new General Terms and Conditions (or their amendments) on the Seller’s website. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

11.8. The agreements of these Terms and Conditions are governed by Czech law.

11.9. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it will be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

11.10. This current wording of the Terms and Conditions is valid and effective as of October 1, 2021.