General Terms and Conditions

GENERAL TERMS AND CONDITIONS

of the business company Montessori školy Andílek – mateřská škola a základní škola, o.p.s. (nursery school and primary school), Company ID (IČO): 284 147 56, with its registered office at Pod radnicí 3, Prague 5, 150 00, governing the sale and purchase of goods carried out through the online store www.montessoriandilek.cz and the ordering and provision of courses organized and offered by the business company Montessori školy Andílek – mateřská škola a základní škola, o.p.s. through the website www.montessoriandilek.cz.

A. INTRODUCTORY PROVISIONS

1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) apply to purchases made in the online store through the website specified below and to the provision of services purchased through this website. The Terms and Conditions further define and specify the rights and obligations of the contracting parties.
2. The operator of the website and the online store, and the provider of the services, is the company Montessori školy Andílek – mateřská škola a základní škola, o.p.s., Company ID: 284 147 56, with its registered office at Pod radnicí 3, Prague 5, 150 00.
3. All contractual relationships are entered into in accordance with the laws of the Czech Republic. Contractual relationships not governed by these Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll., the Civil Code, as amended) and, where the other contracting party is a consumer, also by the Consumer Protection Act (Act No. 634/1992 Coll., on Consumer Protection, as amended).
4. For the purposes of these Terms and Conditions, the following terms have the following meanings:

• “Andílek” means the company Montessori školy Andílek – mateřská škola a základní škola, o.p.s., Company ID: 284 147 56, with its registered office at Pod radnicí 3, Prague 5, 150 00, which operates the website and acts as the seller and/or service provider.
• “Customer” means a natural person who has registered on the website and created a customer account with Andílek and who purchases goods or services from Andílek, or who purchases goods or services from Andílek without registering on the website where registration is not required.

• “Website” means the internet portal operated by Andílek at the internet address https://montessoriandilek.cz/

• “Goods” means an item bindingly ordered by the customer that is the subject of a purchase agreement concluded between Andílek as the seller and the customer through the website.

• “Course” means a course, event, or individual service ordered by the customer that is the subject of a course provision agreement concluded between Andílek, as the course provider, and the customer through the website.

• “Course participant” means a person who personally attends the course. The course participant may be a person other than the customer.

• “Course ticket” means a document certifying that the course participant may attend the course, unless this right is proven otherwise by agreement.

5. By submitting an order, the customer confirms that they have read these Terms and Conditions and agree to them. These Terms and Conditions form an integral part of the concluded agreement. Upon conclusion of the agreement, an email confirmation of the order will be sent to the customer. The current wording of the Terms and Conditions in PDF format will be attached to this confirmation.

6. The agreement is concluded in the Czech language. Unless prevented by circumstances on the part of Andílek or the customer, the agreement may also be concluded in another language comprehensible to both parties.

7. The concluded agreement is archived by Andílek solely for the purpose of its successful performance, in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the agreement is apparent from the ordering process on the website, and the customer has the option to check and, if necessary, correct the order before submitting it. These Terms and Conditions are displayed on the website, allowing the customer to archive and reproduce them. The costs of using means of distance communication (telephone, internet, etc.) to place an order are at the standard rate, depending on the tariff of the telecommunications services used by the customer.
B. RIGHTS AND OBLIGATIONS IN THE PROVISION OF COURSES

I. Course Provision Agreement

1. The subject of the course provision agreement is the obligation of Montessori školy Andílek to provide the customer with a course and to allow the customer or another participant to attend such course, and the obligation of the customer to pay Montessori školy Andílek the price for providing the course.

II. Course Tickets – Delivery and Payment

1. The customer or participant is required to present a valid course ticket before attending the course.

2. The course ticket is delivered electronically by email.

3. The standard method of payment is payment by bank transfer.

4. All prices are final, stated including VAT and any other fees that the customer is required to pay for the goods. Andílek does not require a deposit or any similar payment. The price for providing the course includes the consumption of drinks and snacks to the extent specified in Andílek’s offer, or as instructed by Andílek’s course leader.

III. Rights and Obligations of the Contracting Parties

1. The customer or the participant designated by the customer is entitled to attend the course. Where this article refers to a “participant,” this also means a customer personally attending the course. A person aged 16 or younger may only be a course participant when accompanied by an adult participant of the same course.

2. Course participants have the right to enter all premises of the Andílek facility designated for holding the course.

3. During the course, participants are not permitted to leave the premises designated for the course without the knowledge of Andílek’s course leader or their representative.

4. Participants are required to follow the instructions of Andílek’s course leader or their representative for the entire duration of the course.

5. At the start of the course, Andílek’s course leader or their representative is required to briefly instruct participants on the basic safety rules for working with any devices and tools used during the course. Participants are required to comply with occupational safety and health protection rules in accordance with applicable legal regulations. When handling devices and tools, participants must pay particular attention to the safety and health of themselves and other participants.

6. Andílek’s course leader or their representative is entitled to exclude from the course any participants who repeatedly or grossly violate occupational safety and health protection rules, the instructions of Andílek’s course leader, good manners, or who restrict other participants in their participation in the course. In such a case, the customer is not entitled to a refund or discount on the course price.

7. At the start of the course, participants are required to inform Andílek’s course leader of any food allergies or other illnesses that need to be taken into account during the course.

8. The customer undertakes, no later than 24 hours before the start of the course, to identify the participants (by name, surname, address, contact phone number, contact email address) who will attend the course in accordance with these Terms and Conditions.

9. The customer undertakes to ensure that the rights and obligations arising from these Terms and Conditions are also respected by the participants who attend the course based on the course provision agreement concluded by the customer in accordance with these Terms and Conditions.

10. The customer is obliged, during the course, to comply with all existing government orders and measures and ministerial regulations issued in the fight against the SARS-CoV-2 pandemic, or any other applicable epidemiological, hygiene, or safety measures and regulations.

11. Before the start of the course, the customer is required to demonstrate compliance with the conditions for entering indoor premises and for attending mass events in accordance with the currently applicable measures and regulations. In the case of epidemiological regulations in the fight against the SARS-CoV-2 pandemic, proof of compliance with the conditions for participation may be replaced by undergoing a rapid antigen test, which will be available for a fee at the course venue, if the currently applicable epidemiological regulations permit this.

12. If the customer refuses to demonstrate or fails to demonstrate their eligibility to attend the course in accordance with the currently applicable measures and regulations, they will not be permitted to attend the course. In such a case, the customer is required to pay Andílek a cancellation fee of 100% of the course price. The cancellation fee is due at the moment participation is refused for the above reasons. Andílek is entitled to offset the cancellation fee against the customer’s claim for a refund of the amount paid for the course.

IV. Cancellation and Change of Course

1. Andílek reserves the right to cancel the course in the following cases:

a) at the latest 3 days before the course, if the course is not filled with the minimum number of participants (the minimum can be found by the customer on the course’s webpage);

b) Andílek’s course leader is unable, due to incapacity to work or another serious obstacle, to lead the course;

c) another serious, difficult-to-overcome obstacle prevents the course from taking place (e.g., an accident at Andílek’s premises, a shortage of special materials needed to run the course, etc.).

2. If Andílek cancels the course, it undertakes to notify the customer of this fact without undue delay, in the manner in which the order was confirmed, and simultaneously by telephone or email, so that the customer and/or participant is informed as soon as possible.

3. In the event of cancellation of the course, Andílek is obliged to offer the customer participation in the course on a substitute date. If the customer does not refuse participation in the course on the substitute date within 4 business days of receiving Andílek’s offer, in the manner in which Andílek’s offer was delivered, the customer is deemed to have confirmed participation on the substitute date. If the customer refuses participation on the substitute date, Andílek undertakes, within 10 business days of the customer’s refusal of the substitute date, to refund the customer the amount paid for the course, less a cancellation fee applicable to the substitute date in accordance with the applicable cancellation conditions. If holding the course on a substitute date is not possible, Andílek undertakes to refund the customer the amount paid for the course within 10 business days of the cancellation of the course.

4. Andílek reserves the right to change the course leader and to change less than 50% of the course content without prior notice. Such a decision must be based on serious, difficult-to-overcome reasons (e.g., Andílek’s course leader is unable, due to incapacity to work or another serious obstacle, to lead the course, a shortage of special materials, etc.).

5. Changes to the course under this article of the Terms and Conditions are not grounds for making a complaint.

V. Cancellation Conditions

1. If the customer or other course participants are unable to attend the course, the customer undertakes to notify Andílek of this immediately.

2. The customer is not entitled to withdraw from the course provision agreement in accordance with Section 1837(j) of the Civil Code. If the course provision agreement is terminated by agreement, Andílek is obliged to refund the customer the price paid for the course within 30 days of the date of withdrawal from the agreement, by transfer to the customer’s bank account, the number of which the customer shall provide, or in another agreed manner, unless otherwise agreed. Andílek is entitled, unless otherwise agreed, to deduct the following cancellation fees from this amount:

• the customer withdraws from the agreement 25 or more business days before the course – 10% of the course price,

• the customer withdraws from the agreement between 24 and 5 business days before the course – 50% of the course price,

• the customer withdraws from the agreement less than 5 business days before the course or on the day of the course – 100% of the course price.

4. Only the customer is entitled to enter into an agreement with Andílek to terminate the course provision agreement in accordance with these Terms and Conditions. This right does not belong to the participant.

5. If a participant fails to show up for the course, they are not entitled to a refund or to exchange the missed course for another one.

VI. Liability for Damage

1. Before the start of the course, participants are required to ask Andílek’s course leader to store any items brought onto Andílek’s premises whose value exceeds CZK 3,000 in a special place designated for storing such valuable items. If this obligation is not met, Andílek is not liable for damage caused to the items brought in. This does not affect Section 2945 of the Civil Code.

2. The customer is liable for damage caused to Andílek by course participants, as well as for damage caused to other course participants.

VII. Course Complaints

1. In the event that the course did not proceed in accordance with the course provision agreement and these Terms and Conditions, the customer is entitled to file a complaint regarding defects in the course.

2. If Andílek considers the customer’s complaint justified, it will remedy the situation at its own expense. Andílek is entitled to provide such remedy in particular by granting a discount on the price for providing the course, refunding the price for providing the course, or allowing free participation in another course.

III. Common Provisions

1. Andílek will decide on a complaint immediately, or in complex cases within 3 business days. This period does not include the time reasonably required, depending on the type of goods or service, for expert assessment of the defect. The complaint will be handled without undue delay, no later than 30 days from the date the complaint was made, unless Andílek and the consumer agree otherwise in writing. After this period has elapsed, the consumer has the same rights as in the case of a material breach of contract. Andílek will provide the consumer with written confirmation of when the consumer filed the complaint, what it concerns, and what method of resolution the consumer requires. Andílek will also provide the consumer with confirmation of the date and method of resolving the complaint, including confirmation of the repair being carried out and its duration. In the event of a rejected complaint, Andílek will provide the consumer with written justification for the rejection.

2. The consumer may file a complaint at the address kancelar@montessoriandilek.cz

3. The consumer has the right to reimbursement of necessary costs incurred in connection with exercising their rights arising from liability for defects. In the case of a clearly unjustified complaint, the consumer is not entitled to reimbursement of costs associated with handling the complaint, and Andílek is likewise not entitled to reimbursement of costs incurred on its part (unless the complaint was, for example, a repeated, clearly unfounded complaint, which can already be considered an abuse of rights by the consumer).
F.  FINAL PROVISIONS
I.  Other Rights and Obligations of the Parties

1. Andílek is not bound by any code of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
2. The Customer has the right to out-of-court settlement of a consumer dispute arising from the Purchase Contract. The entity competent for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce), Registration No.: 000 20 869, registered office: Štěpánská 796/44, 110 00 Prague 1, website: https://www.coi.cz/informace-o-adr/. Online dispute resolution for disputes arising from contracts concluded online can be handled through the platform available at http://ec.europa.eu/consumers/odr, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 769/44, 110 00 Prague 1, website: https://evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council. Out-of-court settlement of a consumer dispute is initiated at the Customer’s request only; the request may be submitted to the Czech Trade Inspection Authority at the latest within 1 year from the date on which the Customer first exercised the right that is the subject of the dispute with Andílek, pursuant to Section 20n of Act No. 634/1992 Coll., on Consumer Protection. Out-of-court settlement of the dispute is free of charge for the Customer; the Customer bears only the costs incurred by their own participation in the proceedings (e.g. postage, representation costs).

II.  Personal Data Protection

1. Andílek, as the controller of the Customer’s and the Course Participant’s personal data, processes and protects personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
2. Detailed information on the processing and protection of personal data is set out in a separate document, “Personal Data Processing and Protection Policy”, which is available on Andílek’s website and at Andílek’s registered office.

III.  Validity and Effect

These General Terms and Conditions are valid and effective as of 1 January 2025 and supersede all previous versions of the General Terms and Conditions, including their components. They are available at Andílek’s registered office or electronically as a document on the Website.