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TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

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Ondrej Molina

IČO: 02227487

with registered office: Palackého 827, Mladá Boleslav II, 29301

email: molina.ondrej@gmail.com

phone: +420605754064

These terms and conditions are prepared for the website: www.molinaondrej.com
 

1. INTRODUCTORY PROVISIONS

1.1. These general terms and conditions (hereinafter also "terms and conditions" or "GTC") govern the rights and obligations of the parties to order and provide cooking courses and other events organized by Ondřej Molina, through the website www.molinaondrej.com

1.2. For the purposes of these terms and conditions, the following abbreviations apply:

"Customer" means a natural or legal person who enters into a contract with the Operator or otherwise deals with him, outside the scope of his business activities or outside the scope of independent performance of his profession.

"Website" means the Internet portal operated at www.molinaondrej.com . 

"Course" means a course, event or individual service ordered by the Customer.

"Civil Code" means Act No. 89/2012 Coll., The Civil Code, as amended.

"Course participant" means a natural person who personally participates in a course. A person other than the Customer may be a participant in the course.

1.3. Business conditions are an integral part of the contract concluded between the Operator and the Customer.

1.4. All contractual relations between the Customer, the Course Participant and the Operator are governed by the law of the Czech Republic.

1.5. The customer has the opportunity to get acquainted with the wording of the terms and conditions well in advance. By sending an order / participating in the Course, the Customer / Course Participant confirms that he has read these terms and conditions and that he agrees with them in full.

1.6. The operator has the right to change the wording of the GTC at any time. The GTC are always effective from the day of their publication. The rights and obligations of the Operator and the Customer arising before the date of entry into force of the new GBTC are not affected by the change.

2. OFFER, PRICE, ORDER, CONCLUSION OF THE CONTRACT

2.1. Offer, price

2.1.1. By offer is meant the offer of Courses that the Operator offers through the Website.

2.1.2. The offer is for information purposes only and the Operator is not obliged to enter into an agreement regarding these Courses.

2.1.3. The Customer buys the courses at the price valid at the time of completing the order. Prices include VAT, which is valid at the time of sending the order. In the event of a change in VAT after the end of the order, the Customer is, taking into account the selected type of payment, obliged to pay the arrears of the purchase price, or The Operator shall immediately send the Customer an e-mail with a request inviting information on where it is possible to pay the Customer an overpayment of the purchase price.

2.1.4. Any surcharges for packaging, shipping and other related costs are listed in the final summary of the order.

2.1.5. All changes to the offer and price changes are reserved. The offer (including special offers, sales, etc.) is valid until the cancellation or end of the event, while the number of special pieces is always stated in the offer, or the period for which the offer is valid is determined.

2.2. Order, concluding a contract

2.2.1. The Customer may create an order via the Website 

2.2.2. The customer orders products by marking the selected Courses, including their number, in the order form, which he fills in and puts in the basket. Then he must fill in all the necessary data:

- Number of ordered Courses

- Customer contact details

- Method of payment and delivery

2.2.3. The customer is obliged to provide true data. By sending the order, the Customer agrees to the accuracy of the entered data. By sending the order to the Operator, the Customer declares and guarantees that it is independent. The Customer sends the order by clicking on the "order" button. Before sending the Order, the Customer has the opportunity to check and change all data according to Article 2.2.2. terms and conditions (hereinafter referred to as "Order").

2.2.4. By sending the Order, a binding proposal will be made to the Operator for the conclusion of the contract.

2.2.5. The Operator will confirm the receipt of the proposal by email to the electronic address specified by the Customer in the Order (hereinafter referred to as the "Customer's electronic address"). The notice of acceptance of the Order also includes business conditions in electronic form.

2.2.6. The contract is concluded by delivering the acceptance of the Order, which the Operator sends by email to the Customer's electronic address.

2.2.7. The Operator is entitled to ask the Customer to reconfirm the Order at any time.

2.2.8. The costs incurred by the Customer in the use of means of distance communication in connection with the conclusion of the contract (eg costs of internet connection or costs of telephone communication with the Operator initiated by the Customer) shall be borne by the Customer himself.

3. GENERAL CONDITIONS

3.1. Delivery and payment

3.1.1. The Operator registers the received payments and it is therefore not necessary to prove yourself with a confirmation of payment of the course price before the start of the Course. 

3.1.2. Section 3.2.5 shall apply to the method of payment for the provision of the course. these terms and conditions.

3.2. Payment terms of Courses

3.2.1. The basic method of payment is non-cash payment.

3.2.2. All prices are final, including VAT or other fees that the Customer is obliged to pay.

3.2.3. The Customer agrees that the Operator may send him proof of payment by e-mail after payment of the full amount.

3.2.4. All changes to the delivery conditions and changes to the prices published on the website are reserved. The price is valid at the time of sending the Order by the Customer.

3.2.5. The methods of payment for the Courses are as follows:

- Payment online by credit card 

- Payment transfer

- Transfer from an account in EUR

- Payment through selected benefit companies

3.2.6. Payment details, according to the chosen method of payment, are sent to the Customer by email to the Customer's electronic address.

3.2.7. If the Customer chooses the method of payment by bank transfer, he will pay the price before processing the order to the Operator's bank account. The price is considered paid on the day when the amount was credited to the Operator's account.

3.2.8. The customer is obliged to pay the price for providing the course before it begins. Otherwise, he is not entitled to attend the course

3.3. Rights and obligations of the Contracting parties

3.3.1. The subject of the contractual relationship is the Operator's obligation to ensure the delivery of services (Courses) described in the contract (ie the Order and its confirmation) and the Customer's obligation to pay the agreed price for the provision of these services and use the services under specified conditions. The contractual relationship arises between the Customer and the Operator by delivery of the Order confirmation by the Operator to the Customer (ie at the moment of concluding the contract).

3.3.2. The Customer or the Course Participant designated by him is entitled to participate in the course. Where this Article refers to a Course Participant, this also means a Customer participating in person personally.

3.3.3. During the course, the Participants are obliged to comply with the operating and sanitation rules, safety rules, instructions of the chef and are not entitled to move away from the premises designated for the course without the knowledge of the chef.

3.3.4. At the beginning of the Course, the Chef will briefly instruct the Course Participants orally about the basic rules of work safety with devices and instruments used during the Course. When handling devices and instruments, the Course Participants are obliged to pay special attention to the safety and health protection not only of themselves but also of other Course Participants.

3.3.5. The Chef is entitled to exclude from participation in the Course those Course Participants who repeatedly or grossly violate the operating and safety regulations, good manners or restrict other Course Participants. In such a case, the Customer is not entitled to a refund or discount from the price of the Course

3.3.6. At the beginning of the Course, course participants are obliged to inform the chef about food allergies or other diseases they suffer from and which must be taken into account during the Course.

3.3.7. A course participant may not attend the Course if he / she shows symptoms of acute diarrheal or purulent disease or if he / she has been ordered to quarantine or if he / she has been in contact with a natural person with an infectious disease or suspected infection or with a quarantine during the last 14 days before the Course. measures.

3.4. Cancellation and change of the Course

3.4.1. The Operator reserves the right to cancel the course in the following cases:

a) no later than 2 days before the course of the Course, the Course is not occupied by the minimum number of Course Participants, while the minimum number of Course Participants is 4  persons, unless otherwise stated;

b) The Chef will not be able to ensure the conduct of the Course due to incapacity for work or other serious obstacles;

c) the holding of the Course will be hindered by another serious obstacle (eg an accident in the establishment, lack of special raw materials needed for the given Course, etc.).

3.4.2. In the event that the Operator cancels the Course, it undertakes to notify the Customer without undue delay, by e-mail or telephone, so that the Customer and / or the Course Participant is informed as soon as possible.

3.4.3. In the event of cancellation of the Course, the Operator is obliged to allow the Customer or the Course Participant to participate in another course. In the event that the Customer refuses to participate in another course, the operator is obliged to return the payment for the course to the Customer within 14 working days.

3.4.4. Changes to the Course according to this article of the terms and conditions are not a reason to file a complaint.

3.5. Cancellation of participation in the Course by the Customer

3.5.1. In the event that the Customer cannot complete the Course, he is obliged to notify the operator of this fact immediately.

- If the notice of cancellation of participation in the Course is delivered more than 72 hours before the start of the Course, the Customer will be allowed to participate in another Course, which will take place within six months from the date of delivery of the notice of cancellation of the original Course. The Customer is entitled to use this option only once. The Customer is obliged to announce his intention to use the opportunity to participate in another Course as soon as possible, no later than 10 days from the date of delivery of the notice of cancellation of participation in the Course. If the Customer does not use the opportunity to participate in another Course, the operator is obliged to return the price of the Course to the Customer within 30 days from delivery of the notice of cancellation of participation in the Course, by transfer to the Customer's bank account specified by the Customer or otherwise agreed.

- If the notice of cancellation of participation in the Course is delivered less than 72 hours before the start of the Course, the Operator is obliged to return to the Customer only 50% of the price of the Course.

- In the event that the notice of cancellation of participation in the Course is announced less than 24 hours before the start of the Course, the Customer is not entitled to a refund of any part of the price of the Course.

3.5.2. In the event that the Customer does not attend the Course, he is not entitled to a refund or to exchange the non-completed Course for another.

3.6. Withdrawal from the contract by the Customer

3.6.1. The customer is not entitled to withdraw from the order of the Course in accordance with § 1837 letter j) of the Civil Code.

3.6.2. The Customer may send a notice of withdrawal from the purchase contract to the e-mail address: booking@molina.com.

3.6.3. The operator is obliged to return the paid funds to the Customer no later than 14 days from the date of delivery of the notice of withdrawal from the purchase contract.

3.7. Withdrawal from the contract by the operator

3.7.1. In the event that the Operator cannot fulfill the confirmed Order, the Operator is entitled to withdraw from the concluded contract.

3.7.2. In the event of withdrawal from the contract by the Operator, the Operator is obliged to immediately inform the Customer of this fact to the Customer's electronic address. Furthermore, the Operator is obliged to return the price paid by the Customer to the Customer.

3.8. Material responsability

3.8.1. Course participants are obliged to store their belongings in a place designated for that purpose in the premises (hanger). The operator shall not be liable for the loss of or damage to items the value of which is manifestly disproportionate to the value of the items normally carried by the average consumer. In other cases, the operator is not liable for damage caused to items brought. The provisions of § 2945 of the Civil Code are not affected by this.

3.8.2. The Customer / Course Participant is liable for damage caused to the operator, as well as for damage caused to other Course Participants.

3.9. Lessons learned - meals cooked on the course are intended for immediate consumption. If the Customer takes the food away from the course premises, he must store the food properly in the refrigerator and consume it on the same day.

4. COURSE COMPLAINTS

4.1. In the event that the conditions of the Course did not correspond to the agreed conditions, the Customer is entitled to exercise the rights arising from defective performance. The Operator is not responsible for the result of the Course.

4.2. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant provisions of generally binding regulations.

4.3. The Customer exercises the rights arising from defective performance with the Operator at the e-mail address booking@molina.com or at the address of its establishment or registered office. The moment of claim is considered to be the moment when the Operator received a notification from the Customer about the exercise of rights from defective performance.

4.4. The Customer is obliged to exercise the rights arising from defective performance without delay, no later than 6 months from the date of the Course.

4.5. When exercising the right from defective performance, the Customer is obliged to prove the conclusion of the contract.

4.6. The complaint, including the elimination of the defect, will be settled by the Operator without undue delay, no later than within 30 days from the date of the complaint, unless the Operator and the Customer agree on a longer period.

4.7. The defect is removed by the Operator mainly by allowing the Customer to participate in another Course free of charge, or by providing a discount on the price of the Course or by a full refund of the price of the Course.

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5. PROTECTION OF PERSONAL DATA

5.1. The handling of the Customer's personal data is subject to the amendment of Act No. 101/2000 Coll., On the protection of personal data and on the amendment of certain acts, as amended.

5.2. The Operator processes the Customer's personal data, which means name and surname, residential address, e-mail address and telephone number, for the purposes of exercising the rights and obligations under the contract.

5.3. The Customer agrees to the processing of personal data in the scope of name, surname and e-mail by the Operator also for the purposes of sending information and business messages to the Customer. The customer consents to the processing of personal data by checking the option "I agree to the processing of personal data". The Customer gives consent to the processing of personal data voluntarily and may revoke it at any time free of charge using the link provided at the end of the commercial communication. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a contract.

5.4. The Customer acknowledges that he is obliged to state his personal data truthfully and that he is obliged to inform the Operator without undue delay about the change of his personal data.

5.5. The Customer acknowledges that the Operator may authorize a third party to process personal data as a processor.

5.6. Personal data will be processed for the time strictly necessary for their purpose, or until the revocation of the Customer's consent to their processing. Personal data will be processed in electronic form in an automated manner.

5.7. If the Customer believes that the Operator or processor performs the processing of his personal data in such a way that is contrary to the protection of private and personal life of the Customer or contrary to law, especially if personal data are inaccurate with respect to the purpose of their processing, :

- ask the Operator or processor for an explanation;

- require the Operator or processor to eliminate the situation thus created.

5.8. If the Customer requests information about the processing of his personal data, the Operator is obliged to provide this information. The operator has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

5.9. The Customer agrees to the sending of information related to the goods, services or business of the Operator to the electronic address of the Customer and further agrees to the sending of commercial messages by the Operator to the electronic address of the Customer.

5.10. The customer agrees to the storage of so-called cookies on his computer. None of the cookies used on the Website collects or contains information that is in the nature of the Customer's personal data and therefore does not allow any identification of a specific person. Through an Internet browser. The customer can manually delete, block or completely prohibit their use, they can also be blocked or allowed only for individual websites. The Buyer therefore has the option at any time to disable the processing of cookies for the Website.

6. FINAL PROVISIONS

6.1. The operator is entitled to operate the above courses and events on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office.

6.2. The Customer may send his complaints or suggestions to the Operator by email: booking@molina.com. The Operator shall send information on the settlement of the Customer's complaint to the Customer's electronic address. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

6.3. In the event of a consumer dispute between the Operator and the Customer, which cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

the Czech trade inspection
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Website: https://adr.coi.cz/cs

The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/

6.4. The Operator is not bound by any codes of conduct in relation to the Customer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

6.5. The language of the purchase contract is only Czech. The Czech language is also the language of communication between the Operator and the Customer.

6.6. In the event that any of the provisions of the GTC is invalid for any reason, the invalidity of such a provision does not cause the invalidity of the entire GTC or the contract.

6.7. Both the Seller and the Buyer agree that if the relationship established by the contract contains a foreign element, it will be governed by Czech law to the exclusion of conflict of law rules and the application of the UN Convention on Contracts for the International Sale of Goods is further excluded. This does not affect the consumer's rights arising from generally binding legal regulations.

6.8. The Operator reserves the right to contact the Customer by telephone to verify or specify the Order, if, for example, a higher value of the order, to complete missing or inaccurate data, etc.

6.9. The place of performance of all contractual relations is the Operator's premises at the address: Jeruzalémská 956/10, Nové Město, 110 00