In the GTC you will find all important legal information regarding the sale and provision of online courses via the www.yogafromlivingroom.com website. The GTC contain the information you need to have before you click on the order button. They also contain the so-called pre-contractual consumer notice. Before the actual conclusion of the contract, you signify your acceptance of the GTC by ticking the relevant box at the end of the order form. The GTC will thus become part of the concluded contract and will be binding for you. Please read them carefully. Thank you for your time in reading them.

CONTENTS OF THE GTC:

I. IMPORTANT TERMS, INSTITUTES AND PERSONS

II. PRE-CONTRACTUAL COMMUNICATION TO CONSUMERS

III. ORDER AND CONTRACT

IV. PRICE AND PAYMENT TERMS

V. DELIVERY TERMS

VI. DETAILS ABOUT THE FUNCTIONALITY, COMPATIBILITY AND INTEROPERABILITY OF THE DIGITAL CONTENT AND ITS UPDATES, USER ACCOUNT, COPYRIGHT (delete if you will not set up a user account)

VII. WITHDRAWAL FROM CONTRACT

VIII. RIGHTS OF DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE

IX. CONSUMER REVIEWS

X. CONCLUSION

I. IMPORTANT TERMS, INSTITUTES AND PERSONS

1. Website: for the purposes of these GTC we mean the website www.yogafromlivingroom.com.

2. Digital content: these are products in digital (electronic) form. These can be e-books (electronic books), videos (usually video lessons that are part of online courses), online courses, online clubs, etc. In our case it is online courses.

3. Product: If we write about Product, Products in the GTC, we mean Digital Content. So we use these two terms equally.

4. Provider:

Is the legal entity that provides the Digital Content offered on the Site. Provider is:

    Yoga from living room s.r.o.

    IČ: 08729816

    Registered office: Jankovcova 1535/2a, 170 00 Praha - Holešovice, Czech Republic

    E-mail: namaste@yogafromlivingroom.com

The provider is registered in the commercial register at the Municipal Court in Prague, registration no.C 324122.
The delivery address is the same as the registered office address.

We are at your disposal at the above e-mail for normal communication and for possible handling of suggestions and complaints.

If "We", "Us", "Our", etc. are mentioned in the text of the GTC, this always means the Provider.

5. User: The user is the one who concludes a contract with Us as the Provider through the Website for the provision of digital content. The user can be both a consumer and an entrepreneur or a non-entrepreneurial legal entity (for example, an association).

If "You", "Your", "Your", etc. are mentioned in the text of the GTC, this always means the User.

6. Consumer: According to the applicable legal regulations, a consumer is a natural person who does not act in the scope of his business activity or in the scope of independent performance of a profession. If you are a natural person and you include an ID number in the order, you declare that you are entering into the Agreement as an entrepreneur and not as a consumer. This has an impact primarily on the possibility of withdrawing from the contract without giving reasons and on claims from liability for defects and handling complaints.

7. Contract for the provision of digital content: This is a contract between us. It is a new contract type (from 6/1/2023) and is used for the sale and provision of Digital Content. When the term "Agreement" is used in the following text, it means the Digital Content Provision Agreement. The process of concluding the Agreement through the web interface is described in detail in these GTC. The contract is concluded in the Czech language, archived in electronic form and is not accessible to third parties. The contract is formed by your order (completed order form) and its acceptance by us and these GTC. We will send you a written confirmation of the conclusion of the Agreement by e-mail. The provisions of the General Terms and Conditions shall also apply in cases where the User is a Consumer and the reward site provides us with his personal data and at the same time we have agreed that this data (typically an e-mail contact) is not only used to provide (make available) Digital Content or fulfill legal obligations.

8. Contract concluded at a distance: This is a Contract that is concluded through means of communication at a distance, i.e. it is concluded without having to meet in person, as we use the Web and e-mail to conclude it. The costs associated with the use of means of communication at a distance (especially the costs of the Internet connection) are paid by you as a User and do not differ from the normal rate charged by your operator, or internet connection provider. By placing an order, you expressly agree to the use of remote communication means.

9. Consumer Agreement: It is an Agreement in which the consumer acts as a User. In many cases, the consumer has an advantage over other users. If a right applies only to the Consumer, this is expressly stated in these GTC (i.e. instead of "User" it says "Consumer").

10. Binding of the General Terms and Conditions: At the end of the order form, before sending the order, you give your consent to the General Terms and Conditions by checking the appropriate box. This makes the GTC part of the Agreement and is binding on both us and you.

11. Governing Law: It is the applicable law that applies to the Agreement and the relationship between us arising from this Agreement.

II. PRE-CONTRACTUAL COMMUNICATION TO CONSUMERS

This is a summary of information according to § 1820 NOZ.
1. Data on the main properties of the Digital Content are always listed directly in the description of the given Product on the Website. By clicking on individual items or on the sales pages of individual Products, you will see a detailed description, including, for example, the possibility or impossibility of purchasing the Product in installments. The Products also indicate who they are or are not suitable for, how long they last, whether the course starts on a specific day for all participants or is accessible at any time after payment, whether there is a support group for the course (and for how long) on ​​Facebook or on another platform, what are the bonuses provided, etc. Therefore, please pay attention to the description of the Product and, in case of confusion, contact Us before ordering the Product.

2. We have already provided information about Our identity, registered office address, telephone number and e-mail delivery address above, in Article I, paragraph 4 of the General Terms and Conditions.

3. The price of the Products is always indicated in their description. For Digital Content, this is the final price. The order summary on the order form shows the total price for all Products ordered (if multiple Products can be included in one order).

4. Products can be paid for by classic bank transfer, or online payment card (VISA, VISA Electron, MasterCard, Maestro) through the Stripe payment gateway. Additionally, payments can be made securely using PayPal for a seamless checkout experience.

5. The digital content is delivered within the period specified in the description on the Website. For online courses, access data according to the type of online course (whether it is a joint mass start or whether the online course can be entered at any time during the year after payment of the purchase price) is provided either within 3 days of payment of the price or at a predetermined time the day the online course starts.

6. The consumer may withdraw from the Agreement within 30 days of its conclusion. In the case of a 4-week course, the deadline is 14 days from the start of the course.Withdrawal can be done electronically to e-mail: namaste@yogafromlivingroom.com, with a statement that you are withdrawing from the contract and possibly attaching a copy of the invoice/tax document.
A credit memo will be sent to the buyer with an amount equal to the purchase price. The amount will be returned no later than 30 days from the delivery of the email with withdrawal from the contract. The amount will be returned by bank transfer. After withdrawing from the contract, access to the membership section of the paid online program or course will be disabled, and the buyer will not have the right to receive and use bonuses.

7. The consumer has the right to claim a defective Product and thereby exercise his rights from defective performance. Details are given in Article VII. GTC

8. Data on functionality, compatibility and interoperability according to § 1811 paragraph 2 letter h) and i) NOZ: For full functionality, digital content requires that you have the hardware and software equipment to play the content according to the nature of the individual materials (files in .PDF, .DOC, .DOCX, videos, audio). Additionally, you must have a working connection and updated software and browser to view/play content. We are not responsible for the unavailability of the content in the event of non-functioning or slow speed of your Internet connection or unimplemented updates or short-term unavailability in the event of data maintenance or server outages.

9. Complaint handling, supervisory and state supervision authorities: If you have a complaint about the concluded Agreement, its performance or our activities, please contact us at namaste@yogafromlivingroom.com. We do business on the basis of a trade license, therefore the control body is the relevant trade office. Supervision of compliance with regulations on consumer protection is primarily carried out by the Czech Trade Inspection. Compliance with regulations on personal data protection is supervised by the Office for Personal Data Protection. You can also address your complaints to these bodies.

10. Out-of-court settlement of consumer disputes: If a consumer dispute arises between the Provider and the Consumer, the Consumer has the right to its out-of-court settlement. The subject of out-of-court settlement pursuant to Act No. 634/1992 Coll., on consumer protection, is the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2. All details on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection: www.coi.cz, www.adr.coi.cz, e-mail: adr@coi.cz. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

III. ORDER AND CONTRACT

1. Products can only be ordered via the Web, specifically by filling in and submitting the order form. Please pay attention to the description of the Products and if you have any doubts, do not hesitate to contact Us with your additional questions before ordering.

2. The presentation of the Products on the Website is informative. As a Provider, we are not obliged to conclude a Contract.

3. In the order form, as a Provider, you fill in your name, surname or company, or ID number, VAT number, information about the ordered Product (by clicking on the selected item, or a specific Product variant, if more than one is offered), billing address and delivery address (if we are also to supply you with some "physical" supporting materials and aids, e.g. printed workbooks, etc. and the delivery address is different), e-mail, telephone contact (so that we can send you quick reminders and organizational instructions) and you choose the payment method. If we have a simplified form enabled, some of this information may be optional and you do not need to fill it in. Before sending the order, you have the option to check and possibly correct the entered data. Submit your order by clicking the order button below the order. By doing so, you simultaneously undertake to pay for the Products ordered. By sending the order, the Contract is concluded.

4. We will inform you about the receipt of an e-mail with your order by e-mail sent to your e-mail filled in when ordering. This e-mail also includes the text of these GTC, the confirmation of the conclusion of the contract and the (advance) invoice.

5. If the Contract has already been concluded, any changes to the concluded Contract are only possible on the basis of an agreement between us, or you may withdraw from the Contract if the law or these GTC allow it.

6. In case of doubt, we may contact you for the purpose of verifying the authenticity of the order, and if the authenticity of the order cannot be verified, we will no longer deal with such an order.

7. It is possible to order Products on the Website 24 hours a day, 7 days a week Please note that in exceptional cases the E-shop may be temporarily unavailable due to necessary website maintenance or as a result of circumstances for which we are not responsible, such as outages in connection to the Internet network, etc. .

IV. PRICE AND PAYMENT TERMS

1. Price of Products: The price is indicated directly for each Product in its description on the Website. The provider is not a VAT payer. The price is valid for the entire time it is displayed on the Website. If it is also possible to order on the Website from countries other than the Czech Republic, or in a currency other than CZK and you want to use this option, please read the instructions for this type of order. If you have a discount code and it can be used for a given Product at the time of ordering, after applying it by entering it in the relevant field of the order form, you will see the price after the discount (i.e. the one you will pay thanks to the discount code and which is lower than the regular price, without a discount).

2. Negotiated price and possible errors in the indicated price: The agreed price is the price indicated for the Product at the time of sending your order. If there is an obvious error when specifying the price on the Website (this means primarily a typo, an error when entering the price) or a similar error in the process of concluding the Contract, then we are not obliged to deliver the Product to you at such an obviously incorrect price, even in the case that the Contract has been concluded. In the event that you have already paid this obviously incorrect price, we are entitled to withdraw from the Contract and in that case we will return the amount paid to you.

3. Delivery of the Product only after payment: Unless otherwise expressly agreed between us, we are obliged to deliver the Product to you only after full payment of the agreed price. In particular, the exception is the sale of the Product with the option to pay the price in installments - this option is always indicated, including the conditions, on the Product sales page.

4. Options for payment of the purchase price:
By non-cash (classic) bank transfer to our bank account: you will receive payment instructions, in the form of an invoice, in the e-mail confirming receipt of the order. Please remember to include the relevant variable symbol when paying so that the payment can be matched quickly and the Products delivered as soon as possible.

Cashless online payment card or so-called fast online bank transfer through the payment portal.

Payments for services/products are securely processed through our payment provider, Stripe, Inc. Stripe is a trusted and widely recognized payment processing platform that ensures secure transactions with industry-standard encryption and data protection measures. All payment details are securely encrypted to protect user information. For further information about Stripe's security practices and services, please visit www.stripe.com.

5. Payment of the price: The price is payable within 14 days from the conclusion of the Contract, unless otherwise stated in the Product description. The due date is shown on the invoice. In the case of payment by classic bank transfer, the price is paid at the moment when the relevant amount is credited to our bank account.

V. DELIVERY TERMS:

1. Delivery options: When purchasing an online course, after payment of the price, a user account will be created on the web interface and access data for your user account will be generated and sent to the e-mail address specified in the order (terms of use are set out in Article VI of these GTC). When it comes to the purchase of a second or additional online course, new access data are no longer generated, you can access other online courses by entering the same access data. If the online course opens on the same day for all registered participants, you will receive access data after payment, or the environment of the member section of the online course will be made available to you on a previously announced day. Once you log in with your credentials, digital content will be delivered to you by making the members section available. If it is effective in terms of continuity of content, individual lessons will be made available to you gradually, according to the schedule indicated on the "bulletin" of the members' section of the online course.

2. Delivery time: The online course will be delivered within 3 days after the payment is credited to our bank account, or online payment made. The exception is online courses with a mass start on a certain predetermined day. For these online courses, access data will usually be sent only on the day the online course starts (provided, of course, that the price has already been properly paid at that time).

3. Transport costs (shipping): These costs do not arise for Digital Content.

VI. DETAILS ABOUT THE FUNCTIONALITY, COMPATIBILITY AND INTEROPERABILITY OF THE DIGITAL CONTENT AND ITS UPDATES, USER ACCOUNT, COPYRIGHT (delete if you will not set up a user account)

1. For online courses, we set up a user account for you. To play its content, depending on the nature of the individual materials (pdf, video, audio), it is necessary to have a functional connection and updated software and a browser for viewing/playing the content. We are not responsible for the unavailability of the content in the event of non-functioning or slow speed of your Internet connection or unimplemented updates or short-term unavailability in the event of data maintenance or server outages.

2. We provide you with digital content for an unlimited period of time after it is made available. For as long as the Digital Content is provided, you will also have access to any updates to it that are made during that time. That is, always access to the most current version of the given online course.

3. Products are created using the knowledge, experience and years of experience of the author. These are guidelines and recommendations and it is up to you how you put them into practice and how much care and effort you put into putting this information into practice. Therefore, we cannot be responsible for what specific results you will achieve and what specific actions you will take based on the Products. We explicitly point out that success depends not only on the knowledge gained through our Products, but also on other factors, including your abilities, your initial situation, the market situation. The Products are not the provision of medical care and are not a substitute for medical care or personal consultation. Consult your attending physician or other healthcare professional who provides you with healthcare for any steps taken on the basis of the Products.

IMPORTANT NOTICE - ADVANCEMENT OF COURSE/PROGRAM PARTICIPANTS: Some online courses require a participant's advanced level to participate and are not suitable for introductory or "beginner" classes. This fact is stated directly in the description of the given Product and we strongly ask you to respect this recommendation. Otherwise, your participation may be without the expected effect or even counterproductive.

4. User account: After purchasing an online course, after paying the price, you will receive access data to log in to your user account, as stated in the section on delivery conditions (Article V. GTC). You agree to keep the access data confidential and not to allow third parties to use it. As a User, you also undertake to keep your data listed in your user account up-to-date and true. In the event of a serious breach of your obligations arising from the Agreement or these GTC, we are entitled to disable or cancel your user account even without prior notice. At the same time, purchased online courses and all provided electronic gifts and bonuses will be disabled.

5. Copyright: All of Our Products are protected by copyright and it is not possible to further distribute them or their contents without Our prior express written consent or allow their use by other persons. The only exceptions are cases where the law or a directly applicable regulation (regulation) of the European Union so stipulates. Copyright infringement is punishable not only under copyright law, but can also be a criminal offence. As for the Digital Content, we grant the User a license to use it for their own use for an indefinite period of time, starting with their delivery after full payment of the full price.
If there is a violation of copyright and/or the rules for using the user account (listed in the previous paragraph) or a withdrawal from the Agreement, the license provided at the time of such violation or the effectiveness of the withdrawal is canceled, unless we expressly agree otherwise in writing. The license does not entitle the User to provide the Digital Content to other persons, to distribute it further, or to use it for profit-making purposes in the form of teaching/transmitting the obtained information and procedures for payment to other persons. If you would like to use quotations from our Products beyond the scope of the so-called legal license, please contact us in advance and we will agree on the possibility of such use.

VII. WITHDRAWAL FROM CONTRACT

1. Cases in which, as a Consumer, you can withdraw from the Contract without giving reasons for the delivery of Digital Content:

As a Consumer, you have the right to withdraw from the Contract for the provision of digital content within 30 days from the conclusion of this contract.

2. Procedure for withdrawing from the Agreement without giving a reason:

If the conditions for the possibility of withdrawing from the Contract are met, it is necessary that you send the withdrawal by e-mail or post to Our address or withdraw in another obvious way (e.g. by sending an SMS message) within the 30-day period specified in paragraph 1 of this article. You can write (carry out) the withdrawal completely informally (however, it must be clear which Agreement you are withdrawing from, or which Product it relates to, you do not need to justify the withdrawal in any way.

To withdraw, please attach a copy of the proof of payment, invoice or other document or evidence to prove that these are Products purchased from us within 30 days before withdrawing from the Contract. This will significantly speed up the processing of the whole matter. However, failure to submit these documents does not prevent your withdrawal from the Agreement from being processed. Please also include information on the choice of refund method, if you do not want to return it in the same way you made the payment.

3. Refund: No later than 14 days after withdrawing from the Contract, we will refund the money we received from you as payment for the Products. We will return the money to you in the same way that you paid it to Us, unless you agree to another payment method that would not involve additional costs for you.

4. Failure to fulfill the conditions for withdrawal from the Agreement without giving reasons: If, in a specific case, the User withdraws from the Agreement with a reference to the possibility of withdrawal without giving reasons, but at the same time one of the conditions is not fulfilled (e.g. withdrawal made later than the 30-day period), we will notify the User of this impossibility without delay. In such a case, we cannot return the money to the User.

5. Withdrawal from the Contract in other cases, cancellation of the Contract:

In the event that you do not pay the full price even within 10 days after its due date, the Agreement is canceled upon expiry of this period. If we have previously received a partial payment for the price from you, we will return it to you within 14 days of the termination of the Contract, unless otherwise expressly agreed between us. The provisions of this paragraph do not apply to Products for which you have elected to pay the price in installments.

Both You as the User and We as the Provider are further entitled to withdraw from the Agreement in cases provided by law or specified in these GTC.

In the event of withdrawal from the Agreement, we are always entitled to suspend or cancel access to your user account and to the purchased online programs affected by the withdrawal, even without prior notice, at the effective time of the withdrawal.

6. In the event of withdrawal from the Agreement, we are always entitled to suspend or cancel access to your user account and to the purchased online programs affected by the withdrawal, even without prior notice, at the time the withdrawal takes effect. If you withdraw from the Agreement as a User, you are then obliged to refrain from further use of the Digital Content, including providing it to any third party.

7. Return of a gift provided for a paid order:

If you are provided with a gift together with the Product, the gift agreement is concluded between us with the severance condition that if you withdraw from the Agreement without stating the reasons, the gift agreement ceases to be effective and you are obliged to return the gift to us within 14 days of return the withdrawal from the Agreement.

VIII. RIGHTS OF DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE

1. Important sections that apply to complaints: Rights arising from defective performance are governed by applicable law and regulations. This is mainly the provisions of Sections 1914 to 1925. For Digital Content, the provisions of Sections 2389a to 2389f and for Consumers also Sections 2389g to 2389s.

2. Defects for which we are responsible for the Digital Content: As the Provider, we are responsible to you that the Digital Content is free from defects when it is made available and for the period when we provide it thereafter (i.e. the "duration of the obligation"). As far as the Consumer is concerned, the Digital Content has defects especially if it does not comply with the provisions of § 2389i of the Civil Code. We are liable to the consumer for defects that become apparent during the duration of the commitment. If the defect becomes apparent within 12 months of making it available, the Digital Content is deemed to have been defective when made available. As a Consumer, you can claim a defect for which we are responsible (enforce rights from defective performance) within the general 3-year limitation period. Other Users must complain about the defect without undue delay after they could have discovered it with sufficient care.

3. If a defect in the Digital Content becomes apparent during the duration of the commitment (during the time it should be available to you), it is up to Us to prove that the Digital Content is provided without defects.If we prove that the defect was caused by inadequate technical or software equipment or a network connection for accessing or using the Digital Content necessary for the proper functioning of the Digital Content (hereinafter referred to as "the User's digital environment"), although the User was clearly and comprehensibly notified of its need before concluding the contract , the provisions of the 1st sentence of this paragraph shall not apply. To verify whether the defect occurred as a result of the User's unsatisfactory digital environment, You as the User are obliged to provide Us with the necessary cooperation to the extent that can reasonably be required. The obligation to cooperate is limited only to technically available means that are as least intrusive to you as possible. If you refuse to cooperate, even though you have been clearly and comprehensibly informed about this obligation and the consequences of breaching it before concluding the contract (i.e. in these General Terms and Conditions), the provisions of the 1st sentence of this paragraph shall not apply.

4. What claims can you make in the event of a defect in the Digital Content?

- you can demand the removal of the defect, if it is not disproportionately expensive or impossible

In the event that we refuse to remove the defect or fail to remove it properly, or the defect persists even after removal, or the defect is a material breach of contract (i.e. if you had known about such a defect in advance, you would not have purchased the Digital Content at all), or if Our statement or conduct it was obvious that we will not remove the defect within a reasonable time or without undue hardship for the Consumer, then as a consumer you can demand:

- a reasonable discount or

- withdraw from the contract.

The reasonable discount is determined as the difference between the value of the Digital Content without defect and the defective Digital Content provided to the User. If the Digital Content is to be provided for a certain period of time, the period during which it was provided defectively shall be taken into account; The User is entitled to the discount even if he withdraws from the Agreement. The User cannot withdraw from the contract if the defect in the Digital Content is insignificant; the defect is considered not to be insignificant.

5. Making a claim:

Please submit your complaint without undue delay. If undelivered access data for Digital Content should be the subject of a complaint, please check your "bulk mail" or spam folders first. A complaint can also be made by sending a simple message by e-mail, which shows who, what and for what reason is complaining and how he proposes to handle the complaint. We welcome it if you attach an invoice or other proof of purchase, a description of the claimed defect and a proposed solution to the complaint. If it is possible and expedient to prove the claimed defect, attach photo documentation (screen print), or other document or means of proof, to the claim.

We will handle the complaint within a reasonable time, taking into account the nature of the digital content and the purpose for which the Consumer requested it. If you are a Consumer, we will also inform you about the handling of the complaint during this period of Digital Content, to the contact e-mail indicated in the confirmation of receipt of the complaint. Unless you then give us another contact email for the purposes of this information. In the confirmation of handling a complaint for the Consumer in accordance with the Consumer Protection Act, we will state a confirmation of the date and method of handling the complaint, including a confirmation of the repair (removal of the defect) and its duration, or a written justification for the rejection of the complaint.

6. Return of the paid price and provision of a discount in case of a recognized claim:

If we recognize the complaint as justified and the result is to be a discount from the price already paid or a refund of the price paid, the refund will be made in the same way as you paid the price, and no later than 14 days after the complaint was made, if it is a Consumer complaint made about the provision Digital content.

IX CONSUMER REVIEWS

1. We publish references to our Products on the Website, sales pages, on our profiles on social networks and in e-mail and similar communications with Consumers. These references are always references of our Users and are published with their consent. Before publishing a reference, we always verify that it is the person who purchased the Product from us by checking the data in the accounts (on paid invoices). Alternatively, these are references that we received from our Users as part of filling in feedback - a questionnaire sent to the User after the delivery of the Product, or for an online course after its completion. The questionnaire is sent directly to the contact email listed in the User database, thus ensuring that such a reference comes from the User.

X. CONCLUSION

1. The contract is concluded for a certain period, until the fulfillment of the obligations of the Provider and the User arising from the contract.

2. The protection of personal data is dealt with in a separate document.

3. These GTC are effective from January 15, 2024

4. We are entitled to change the GTC unilaterally. However, the wording that was effective at the time of the conclusion of the Agreement is always binding.