General Terms and Conditions
1. Introductory Provisions
1.1. These General Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the online store.
1.2. Identification and contact details of the Seller:
- First name and surname: Jiří Šikola
- Registered office: Velké Hamry 725, 468 45 Velké Hamry, Czech Republic
- Company Registration Number (IČO): 19812051, Tax Identification Number (VAT ID): CZ9704133703
- I am not a VAT payer in the Czech Republic. I am an identified person for EU transactions.
- Registration: Natural person registered in the Trade Register at the Municipal Office in Tanvald
- E-mail: info@resmath.com
- Telephone: +420 605 551 004 (hereinafter referred to as the “Seller”).
1.3. The online store is operated by the Seller on the website (hereinafter referred to as the “Website”).
1.4. Provisions deviating from these Terms may be agreed upon in the purchase contract. Deviating arrangements in the purchase contract shall take precedence over the provisions of these Terms.
1.5. If the Buyer is a natural person who concludes the Contract outside the scope of their business activity or outside the scope of the independent exercise of their profession, the provisions on consumer protection apply to them (hereinafter referred to as the “Consumer”).
2. Subject of the Contract and Digital Content
2.1. The subject of the Contract is the provision of digital content for a fee – digital educational materials (hereinafter referred to as the “Digital Content” or “Materials”). The Digital Content is not delivered on a tangible medium, but exclusively by electronic means (via download or in the form of online access).
2.2. The Materials are available in various language versions and may be offered on the Website in various currencies.
2.3. The Seller informs the Buyer that for the correct functioning of the Digital Content, it is necessary to possess standard hardware and software equipment (e.g., a PDF file viewer, an updated internet browser, and a stable internet connection).
3. Order and Conclusion of the Contract
3.1. Registration is not required to purchase the Materials. The Buyer makes the purchase directly from the user interface of the Website by placing the Materials into the electronic shopping cart and filling in the contact details.
3.2. Before submitting the order, the Buyer has the opportunity to check and change the data they have entered into the order.
3.3. The Buyer submits the order by clicking the button marked “Order with an Obligation to Pay” (or similarly formulated). The data provided in the order is considered correct by the Seller.
3.4. The Contract is concluded at the moment when the confirmation of receipt of the order by the Seller is delivered to the Buyer’s specified e-mail address. The current version of these Terms is part of this e-mail.
4. Price and Payment Conditions
4.1. All prices of the Digital Content listed on the Website are final and include all applicable taxes and fees (including VAT, if the Seller is a taxpayer in the given jurisdiction). Prices remain valid for as long as they are displayed on the Website.
4.2. The Buyer can pay the price for the Materials non-cash via the following methods:
- Through the WooPayment payment gateway (payment by card, Apple Pay, Google Pay, etc., according to the current offer of the gateway).
4.3. Due to the nature of the digital product (immediate delivery), payment is required in advance and in full. Upon receipt of payment, the Seller will issue a tax document (invoice) to the Buyer and send it in electronic form to the Buyer’s e-mail address.
5. Delivery of Digital Content
5.1. The Digital Content is delivered to the Buyer without undue delay after the full purchase price is credited to the Seller’s account.
5.2. Delivery takes place by sending a unique download link to the Buyer’s e-mail address, or by providing direct access for download in the interface of the Website after the payment is completed.
5.3. The Digital Content is considered delivered at the moment when the Buyer is enabled to dispose of it (e.g., by sending an e-mail with a functional download link).
6. Withdrawal from the Contract (IMPORTANT NOTICE)
6.1. Pursuant to the provisions of Section 1837(l) of Act No. 89/2012 Coll., the Civil Code, the Consumer cannot withdraw from a contract for the delivery of digital content that is not delivered on a tangible medium if the performance began with the prior express consent of the Consumer before the expiry of the withdrawal period (14 days).
6.2. Before submitting the order (e.g., by checking the relevant box), the Buyer expressly consents to the Digital Content being made available to them immediately after payment, i.e., before the expiry of the 14-day period for withdrawal from the Contract.
6.3. The Buyer acknowledges that by granting this consent, they lose the right to withdraw from the Contract without giving any reason. Without granting this consent, the Contract for the immediate delivery of digital content cannot be concluded.
7. Copyright and Licensing Agreements
7.1. All sold Digital Materials are protected by the copyright of the Seller (or the respective authors).
7.2. Personal License: By purchasing the Digital Content, the Buyer (natural person) obtains a perpetual, non-exclusive, and non-transferable license to use it solely for their personal needs and education.
7.3. Institutional License (Schools and Organizations): If the Materials are ordered by an organization (e.g., a school), the rule “1 license = 1 user (e.g., a teacher)” applies. If the Material is to be used by multiple teachers within one institution simultaneously, it is necessary to purchase the corresponding number of licenses.
7.4. Express Prohibitions: Without the prior written consent of the Seller, it is strictly forbidden to:
- Resell, rent, or commercially exploit the Materials in any way.
- Distribute the Materials on publicly accessible networks (sharing on the internet, file-hosting services, etc.).
- Interfere with the content of the Materials and remove protective elements or authors’ names from them.
8. Rights from Defective Performance (Complaints)
8.1. Rights and obligations regarding rights from defective performance are governed by the relevant provisions of the Civil Code (in particular Section 2389a et seq. for digital content).
8.2. The Seller is responsible for ensuring that the Digital Content is free of defects upon availability (it is complete, corresponds to the description on the Website, and works).
8.3. If the Digital Content exhibits a defect (e.g., the download link does not work, the file is corrupted, the content fundamentally does not correspond to the description), the Buyer can file a complaint by sending an e-mail to: info@resmath.com. In the e-mail, the Buyer shall provide a description of the defect and the identification of the order (order number, e-mail).
8.4. The Buyer may request:
- Making the defect-free Digital Content available (remedying the defect).
- An appropriate discount on the purchase price.
- Withdrawal from the contract (if the defect is substantial and the Seller does not remedy it within a reasonable time).
8.5. The Seller will settle the complaint without undue delay, but no later than 14 days from its submission. The Buyer will be informed of the outcome by e-mail.
8.6. The Seller is not responsible for the inability to run or download the Digital Content caused by incompatible equipment, outdated software, or internet connection failure on the part of the Buyer.
9. Protection of Personal Data
9.1. The Seller processes the personal data of the Buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
9.2. Personal data (first name, surname, e-mail, billing address) are processed exclusively for the purpose of fulfilling the Contract (processing the order, delivering digital content) and fulfilling the legal accounting and tax obligations of the Seller.
9.3. Complete information on how personal data are processed, how long they are stored, and what rights the Buyer has is described in detail in a separate document called the Privacy Policy [Insert hyperlink to the Policy here], which is available on the Website.
10. Out-of-Court Dispute Resolution and Applicable Law (International Scope)
10.1. All contractual relations between the Seller and the Buyer are governed by the legal system of the Czech Republic, in particular the Civil Code and the Consumer Protection Act.
10.2. By choosing Czech law pursuant to point 10.1, a Consumer who has their habitual residence in another member state of the European Union is not deprived of the protection afforded to them by the provisions of the legal system of their country, from which it is not possible to deviate contractually (in accordance with Article 6 of the Rome I Regulation).
10.3. The courts of the Czech Republic are competent to resolve any legal disputes.
10.4. Out-of-court resolution: In the event of a dispute between the Consumer and the Seller that cannot be resolved by mutual agreement, the Consumer may submit a proposal for an out-of-court dispute resolution to the designated body for out-of-court consumer dispute resolution, which in the Czech Republic is:
- Czech Trade Inspection Authority (ČOI), Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, Website: adr.coi.cz.
10.5. Consumers residing in another EU member state can use the online dispute resolution platform (ODR platform) established by the European Commission at http://ec.europa.eu/consumers/odr/ to resolve disputes.
11. Final Provisions
11.1. The Contract, including these Terms, is archived by the Seller in electronic form and is not publicly accessible.
11.2. These Terms are displayed on the Website, allowing for their archiving and reproduction by the Buyer (the Terms can, for example, be saved in PDF format or printed).
11.3. The wording of these Terms may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations that arose during the period of validity of the previous version of the Terms.
11.4. If any provision of these Terms is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity of one provision shall not affect the validity of the other provisions.
11.5. These General Terms and Conditions shall enter into force and take effect on the day of their publication on the Website.
