General Terms and Conditions Individual teaching Individual language courses For the purpose of these terms and conditions and for the purpose of the sale of language courses, inter alia using the online shop at the address www.jipka.cz, the following companies are to be regarded as the Jipka language school. Jazykový Institut Praha, s.r.o. 28. pluku 914/45, 100 00 Praha 10 Company ID: 27385906, Tax ID number: CZ27385906 registered in the Commercial Register at Prague City Court, Division C, Enclosure No. 115566 registered offices: Národní 416/37, Praha 1; Zenklova 305/11, Praha 8; Jičínská 2348/10, Praha 3; Tylovo náměstí 645/2, Praha 2 Jipka Praha 13, s.r.o. Company ID: 28429681, Tax ID number: CZ28429681 registered in the Commercial Register at Prague City Court, Division C, Enclosure No. 140870 registered office: Nušlova 4, Praha 13 Jipka jižní Čechy, s.r.o. Company ID: 29029988, Tax ID number: CZ29029988 registered in the Commercial Register at Prague City Court, Division C, Enclosure No. 161254 registered office: Karla IV. 3, České Budějovice Jazykový Institut Plzeň, s.r.o. Company ID: 29057671, Tax ID number: CZ29057671 registered in the Commercial Register at Prague City Court, Division C, Enclosure No. 163508 registered offices: Rooseveltova 10/9, Plzeň; Rooseveltova 20, Plzeň; Malé náměstí 100, Rokycany Jipka - vzdělávání, s.r.o. Company ID: 28504895, Tax ID number: CZ28504895 registered in the Commercial Register at Prague City Court, Division C, Enclosure No. 146453 (hereinafter referred to as suppliers ) For the purpose of these General Terms and Conditions, the customer is the person who ordered, with the supplier, teaching in the language course specified in the respective order. The supplier and the customer are hereinafter together referred to as contracting parties.
Article I Introductory Provisions 1. The General Terms and Conditions (hereinafter also referred to as GTC ) form an integral part of any contract entered into between the customer and the relevant supplier. 2. The contract between the customer and the supplier is established based on a written order (binding registration). Fax and email are to be regarded as a written form of order. 3. The supplier is obliged to confirm the receipt of the order in writing within one working day. Failure to do so will result in the order classed as unaccepted. The order can be confirmed by an email message sent to the specified address of the customer, by handing a copy of the order over to the customer or by handing over the proof of payment of the course fee. 4. Agreed conditions of the contractual relationship can be amended or terminated only with the explicit agreement of both contracting parties and in accordance with the General Terms and Conditions. Article II Subject Matter 1. The subject matter is teaching languages in an individual language course (hereinafter referred to as teaching ). 2. Focus of the language course will be determined by the customer. Article III General Provisions 1. The supplier agrees to comply with the ordered teaching terms, particularly in terms of time and extent of teaching, price, quality of performance and provision of teachers. Further obligations of the supplier and the customer are specified in other sections of these terms. 2. The customer is required to accept the ordered teaching and to pay in full and on time. Article IV Time of Teaching 1. Teaching takes place on days and at times according to the order. The length of a teaching unit is 60 or 90 minutes unless the order indicates otherwise. 2. Unless the contracting parties agree otherwise, the supplier is obliged to provide a teacher for the customer without undue delay, however, no later than 30 days after effecting the advance payment (see Article VI(1) of GTC). The supplier reserves the right to move the date of the course start by one week if it is unavoidable for technical reasons. 3. In the event that teaching cannot be provided due to serious reasons, the supplier is entitled to choose, upon an agreement with the customer, an alternative way of providing teaching. 4. Each order is valid for the period of 1 calendar year after being placed. Until this time limit, it is necessary to take all prepaid lessons from that order. The lessons than were not taken within the time of expiration of this period shall lapse and the customer does not have the right to be taught these lessons.
Article V Course Fee 1. The price for the respective language course (hereinafter referred to as course fee ) is determined on the basis of the partial order from the customer pursuant to the given course specification and its price variant. 2. The course fee includes the number of teaching units (depending on the course specifications), teaching materials other than textbooks, use of teaching materials and equipment available in the classroom. The possibility to use the supplier s classrooms shall be determined according to the existing free capacity of the supplier. The supplier is not obliged to provide the customer with a classroom for use. 3. The course fee is always stated in two variants inclusive and exclusive of the relevant VAT rate. The variant of the course fee charged for the given course (i.e. inclusive or exclusive of the VAT rate) depends on whether the payment of the course fee is exempt from VAT (depending on the specification of the given course and the type of the supplier). Article VI Payment Conditions 1. The customer is obliged to pay a deposit in the amount of 1,000 CZK within 5 days after ordering the language course. After payment of the deposit, the order is regarded as binding and the supplier shall initiate selection of a suitable teacher according to the customer s requirements. 2. The remaining course fee has to be paid by the customer before the start of the course. The course fee has to be fully paid before the start of the course. 3. The course fee can be paid as follows: credit card payment in the supplier s office, bank transfer, gift voucher, benefit voucher, or via the benefit systems. a. Credit card payment in the supplier s office The customer can make credit card payment at any of the supplier s branches, regardless whether the language course is assigned to that particular branch. The opening hours of the branches are published at www.jipka.cz under the Contacts section. b. Payment by bank transfer An invoice (tax document) for the full amount as per the order will be issued for the customer while using this form of payment. The customer is obliged to comply with the maturity of the invoice. In case of this form of payment, the customer is required to provide the supplier with date of birth and permanent or temporary residence address. In the event that the payer is a corporate body, the customer is obliged to state the ID number and the registered seat address of such corporate body. c. Payment using benefit systems The current list of accepted vouchers is published on www.jipka.cz, or it is available, upon request, in any of the supplier s branches. The form of payment using these systems is subject to the terms applied by the individual agents. 4. The supplier will issue an invoice for the relevant course fee (depending on the type of course) at the moment of ordering the course, i.e. after signing the binding registration by the customer or after payment made by the customer, and will submit it to the customer upon request. 5. Should any contracting party fail to make any payment to the other contracting party duly and in time, such party shall be obliged to pay to the other contracting party the default interest in the amount of 0.1% from the amount due for each day of default or a part thereof. In case of late payment, the remittance made shall be first used for settling the default interest, the remaining amount shall be used to settle the debt itself (principal). Should any contracting party be in default with any payment exceeding 30 days, the other contracting party is entitled to charge the party in default wih a lump-sum penalty in the amount of 500 CZK.
Article VII Course Discounts There are no discounts provided in case of individual language courses. Article VIII Quality of Teaching and Providing Teachers 1. The supplier is obliged to provide a Czech teacher or a native speaker for teaching according to the given order specification. 2. The supplier guarantees that teaching will take place on the days and at times previously specified. 3. The supplier is obliged to provide quality teachers who are, according to the supplier s opinion, able to conduct high-quality teaching. Article IX Claims 1. If the customer is dissatisfied with the quality of teaching, he/she is obliged to inform the supplier of this in writing using the complaint form which is available upon request in the supplier s branch where the teaching takes place (you can send an email or come in person to the office). 2. The supplier reserves the right to review the reasons for the complaint and suggest an alternative solution to the customer, most often a change of the teacher. 3. The supplier or an authorized employee is obliged to decide regarding the complaint with immediate effect, in complex cases within three working days after receipt of the complaint. The claim, including rectification, must be settled without any unnecessary delay, i.e. no later than within two weeks from the date of lodging the claim, unless the supplier and the customer agree on a longer period. Article X Recognition of Claim 1. Obstacles on the part of the customer will not be acknowledged as a relevant reason for a claim. These are particularly due to a change in the time availability, the loss of the reason to attend the course with regard to the changed circumstances under which the customer subscribed to the course. 2. In the event of sudden health problems lasting more than six weeks, the customer has the right to discontinue the lessons and to have the unexpended course fee transferred to the next period. This fact should be proven with a relevant document issued by a doctor (work sick note, etc.), as soon as possible, i.e. no later than within two weeks after discontinuation of attending the course. In the event that the customer will be late presenting the relevant document referred to in the above sentence, these reasons will not be taken into account, which the customer is made aware of and agrees with. 3. The supplier shall not be liable for failure to fulfil obligations resulting from the order that occur due to force majeure. 4. Lessons cancelled by the supplier will not be recognized as a relevant reason for complaint. However, the supplier undertakes to provide alternative dates of lessons. Article XI Deadline for Lodging Claims
1. A complaint may be lodged no later than by the beginning of the third teaching unit (lesson) from the beginning of the course, which the customer is aware of and agrees with. In justified cases, a complaint can be lodged even after this deadline. 2. Claims arising from liability for defects will not be accepted if filed improperly or late. Article XII Breach of Contract, Withdrawal from Contract 1. In case the customer withdraws from the course before its start, i.e. after signing the binding registration form and payment of the deposit in the amount of 1,000 CZK but before the actual start of the course (teaching), such paid deposit is non-refundable. 2. In case the customer withdraws from the course after its commencement, i.e. after the first teaching unit (lesson), the supplier has the right to be paid a cancellation fee in the amount of 50% from the remaining course fee. 3. The customer does not qualify for the course fee reimbursement in case of obstacles on his/her part that prevent him/her from properly attending the course (change in the customer s time availability or other circumstances under which he/she entered the course). In such case, the supplier does not cease to qualify for the payment of the full course fee. In this case, however, the course fee can be transferred to the next period or another time can be agreed with the supplier during which the course will take place. If the customer insists on withdrawal from the course, cancellation terms will be applied in accordance with Article XII(2) of GTC. 4. In case of transfer of the course fee to the next period pursuant to Articles X and XII of GTC, the customer is obliged to use the remaining amount no later than within 12 months from the date on which teaching was ordered. 5. In the event of an electronic order (i.e. by ordering the course via email, the customer, if being the consumer at the same time, has the right to withdraw from the contract without giving reasons within 14 days. This period will start running from the day following after the day on which the given contract was concluded (that means from the day following after the day on which the customer submitted his/her order to the supplier and the supplier confirmed receipt of the order); it is sufficient for meeting this time limit that the notice of withdrawal from the contract was sent to the supplier prior to expiration of the time limit. For withdrawal from the contract, it is possible but not necessary to use the sample form for withdrawal from the contract which forms an annex to these General Terms and Conditions. Unless otherwise agreed by the contracting parties, if the customer withdraws from the contract in accordance with the above mentioned conditions, the supplier will refund, without unnecessary delay and no later than 14 days from the day on which the supplier received the customer s notice of withdrawal from the contract, all payments received from the customer in connection with this contract, in the same manner in which the supplier received the payments. 6. In case that provision of services was already started prior to expiration of the fourteen-day period for withdrawal from the contract within the meaning of the paragraph 5 above, this happened on the basis of the customer s explicit request (i.e. based on the respective order), and the customer is obliged, in such case, to pay to the supplier the proportional part of the course fee corresponding with the price of services already provided to the customer. 7. In case that the ordered services were already provided to the customer in full extent prior to expiration of the fourteen-day period for withdrawal from the contract within the meaning of the paragraph 5 above, this happened on the basis of the customer s explicit request (i.e. based on the respective order), and the customer, in such case, is not entitled to withdraw from the contract pursuant to the paragraph 5 above.
8. After expiration of the above mentioned period of 14 days, the order is considered to be binding and is subject to the same conditions as if a binding registration was completed at any branch office of the supplier. 9. Any request for change of the order as well as a notice of withdrawal from the contract has to be always sent by the customer to the supplier in writing, i.e. by email or by completing the request in the registration office of the branch where the course takes place. The request for change of the order shall be deemed to be accepted if the supplier confirmed its receipt in writing. The supplier undertakes to confirm its receipt no later than within 24 hours after being delivered the request. Article XIII Personal Data of Customer 1. By sending or signing the order, the customer makes his/her personal data available to the supplier: name, surname, email address, telephone number, year/date of birth and residence address. In case of subsequent change of the customer s contact information, the customer is obliged to inform the supplier accordingly, no later than within 7 days. 2. By signing or sending the order, the customer confirms that the personal data provided is accurate and true and agrees with its processing and use for the purpose of contacting students for an indefinite period of time. At the same time, the customer agrees that his/her name, phone number and email address can be communicated to the teacher who will provide teaching. 3. Provision of the personal data is voluntary and the customer has the right to access such data and to withdraw his/her consent to its use at any time; in case of violation of his/her rights, the customer is entitled to contact the Office for Personal Data Protection. 4. The supplier is obliged to handle the personal data in accordance with the Act No. 101/2000 Coll., on personal data protection, as amended. Article XIV Closing Provisions 1. Unless these General Terms and Conditions or arrangement between the contracting parties provide otherwise, the legal relations between the contracting parties will be governed by the respective provisions of the Act No. 89/2012 Coll., the Civil Code, as amended. 2. The text of these General Terms and Conditions is binding for the contracting parties. These General Terms and Conditions are issued in accordance with the Civil Code and are valid and effective as from 1st September 2014.
ANNEX Sample form for consumers withdrawing from the contract pursuant to the provision of Sections 1829 et seq. of the Civil Code (fill in this form and submit it back only in case you want to withdraw from the contract) Notice of withdrawal from the contract Addressee: Jipka - vzdělávání, s.r.o. Jazykový Institut Praha, s.r.o. 28. pluku 914/45, 100 00 Praha 10 Jipka Praha 13, s.r.o. Jipka jižní Čechy, s.r.o. Jazykový Institut Plzeň, s.r.o. I/we inform you that I/we, hereby, withdraw from the contract on purchase of these goods / provision of these services Date of order / date of receipt Name and surname of consumer(s) Address of consumer(s) Signature of consumer(s) (only if the form is sent in the documentary form) Date Delete which is not applicable, or add information.