Terms and Conditions

1. These Terms govern the mutual rights and obligations of a natural person who concludes a contract for the provision of services or digital content outside their business activity as a consumer, or of a natural or legal person within their business activity (each a “customer”), via www.martinaprazakova.com and other online services and projects of the Provider. These Terms supplement the contract concluded and are binding for this contractual relationship.

2. These Terms form an integral part of the contract for the provision of digital content or services (which, for live events, has the nature of a contract for leisure activities); the way the contract is concluded is described below.

3. Any deviating arrangements in the contract take precedence over these Terms.

4. The customer agrees to the use of means of distance communication when concluding the contract.

1. The contract between the Provider and the customer is concluded when the Provider confirms the received order by e-mail to the customer's e-mail address, unless agreed otherwise.

2. If the customer states a company ID and billing details in the order, they are treated as a business and not as a consumer. Otherwise the customer is deemed a consumer and Act No. 634/1992 Coll., on Consumer Protection, applies.

3. The Provider's website contains a list and description of the services and digital content offered (the “products”), including prices and any special conditions.

4. To order, the customer makes the relevant selection on the website, fills in the order form and confirms the purchase with the relevant button, acknowledging the obligation to pay.

5. The order form contains information about the product ordered, the details required to conclude the contract and issue an invoice, and other important information about the product and payment.

6. The Provider will confirm receipt of the order without undue delay, usually by e-mail.

7. The Provider is not obliged to accept an order and conclude a contract, especially with persons who have materially breached the rights or legitimate interests of the Provider, related persons or these Terms.

8. Products presented on the Provider's online services may not always be available (e.g. time-limited courses).

1. The customer gains access to products after paying the full price, unless stated otherwise in the order form or product description.

2. The order form states the price and the method of payment. Invoices and pro-forma invoices are due within 10 days. The Provider may change the due date; the customer will be informed no later than in the order confirmation.

3. The Provider sends the tax document (invoice) electronically to the customer's e-mail address.

4. If the customer fails to pay within 5 days after the due date, this constitutes a material breach and the Provider may withdraw from the contract, which is then cancelled from the outset.

5. The customer selects the payment method in the order form and is then redirected accordingly. A successful payment is confirmed on screen and by e-mail; an unsuccessful payment is likewise notified.

6. Payment methods may be connected to an external payment gateway providing secure online payment processing.

7. The Provider allows some products to be paid in instalments where stated. Access to parts of digital content or services may be tied to payment of the corresponding instalment; if an instalment is not paid on time, further parts will not be made available.

8. When paying in instalments, the customer must pay the full agreed price (including any surcharge for instalments), even if they decide not to use the product in full or end it early. If the customer stops paying, the Provider may deny access to the product (including bonuses) until the full price is paid. In accordance with the Civil Code, default on even a single instalment makes the entire price due.

1. Digital content

(i) Online courses — After payment, the Provider may create a user account for the customer and send the access details to the e-mail given in the order. If the course is distributed another way, the customer receives access to the relevant platform or the content by e-mail or another form. Lessons may be released gradually according to the Provider's schedule.

(ii) Materials to download or watch — For downloadable or recorded products (e-books, PDFs, audio, webinar recordings, etc.), the Provider sends links and access details after full payment or fulfilment of other conditions set by the Provider.

2. Services

(i) Individual therapy / consultation — The Provider agrees dates with the customer or offers them via a booking system. A change of date may be requested at least 72 hours in advance for particularly serious reasons on the customer's side (e.g. illness). This option may be used only once per product or service; otherwise the date lapses without compensation and the Provider is entitled to the full price due to the binding reservation. In exceptional cases an individual arrangement may be requested, but there is no automatic right to a change.

(ii) Group online events — Delivered according to the service description. By purchasing, the customer reserves a place that cannot be taken by another participant; if the customer does not attend for reasons on their side, the date lapses and the Provider is entitled to the full price. A recording may be provided if made and stated in the description; otherwise there is no entitlement to a recording.

(iii) Group live events (meetings, circles, seminars, etc.) — Delivered according to the service description. Unless stated otherwise, if the customer cancels 14 days or less before the event, the Provider is entitled to 100 % of the price as compensation for the reserved time. Cancellation terms may differ per service; always check the specific description or instructions. The Provider may cancel an event if too few people register or in case of force majeure and will inform customers of the solution (new date, refund, etc.) in time.

(iv) Retreats — Delivered according to the conditions on the website. Unless stated otherwise, if the customer cancels 30 days or less before the retreat, the Provider is entitled to 100 % of the price as compensation for the reserved place and time. Cancellation terms may differ per service. The Provider may cancel a group retreat if too few people register or in case of force majeure and will inform customers of the solution in time.

(v) Massages — Paid in advance; if not used on the booked date, the price lapses. The customer may send a substitute free of charge. Before the massage the customer must truthfully inform the Provider of their health condition and any circumstances that may affect the massage.

3. Product bundles — When purchasing a bundle or specially discounted combination of products, amounts paid for unused parts are not refunded if they are not used for reasons on the customer's side; the price is set for the bundle, not its parts. The Provider may set a period within which the bundle must be used; after it expires, the right to use the remaining products lapses without compensation.

4. Common rules

(i) If the Provider creates user accounts, the customer must keep their login details confidential, not allow third parties to use them and keep account details up to date and truthful.

(ii) The Provider may exclude a customer from a lesson, retreat, online course, workshop, Facebook group, online meeting, webinar or live event if the customer disrupts the group or the event (e.g. inappropriate behaviour, insulting others, inappropriate, dangerous or disrespectful behaviour towards horses). This is a material breach; the Provider may withdraw from the contract and refuse further services, and the customer is not entitled to a refund.

(iii) The Provider may cancel an online group event if too few people register or in case of force majeure. The price will then be refunded in the same way it was paid, unless agreed otherwise; customers have no right to further compensation.

(iv) The Provider may provide products only for the period stated in the product description, running from payment. The Provider may extend this period due to circumstances on its side.

(v) These Terms also apply where the Provider supplies digital content in exchange for personal data instead of payment (a so-called “lead magnet”).

(vi) Digital content is provided in the latest version available at the time of the contract. Unless stated otherwise, the Provider does not provide updates, except those necessary to keep the content free of defects during the contract.

(vii) Digital content is supplied in standard, commonly available formats (PDF, MP3/MP4, YouTube or similar, Zoom or similar for online meetings). Standard internet-connected equipment is sufficient; no special hardware or software is required.

(viii) The customer is informed in advance (unless they expressly refuse, which is their right) that group online lessons or workshops held via a digital platform may be recorded and used by the Provider for further purposes, including distribution online or by e-mail. The customer will always be notified in advance.

(ix) Information the customer learns through the Provider's services about the Provider's or third parties' (other customers') products, services and matters that is not publicly known is confidential and may not be shared.

1. The customer may withdraw from the contract where the contract, these Terms or the Civil Code allow. A consumer generally has the right to withdraw from a distance contract within 14 days of its conclusion under Section 1829 of the Civil Code. This right does not apply to business customers.

2. Exception for digital content: unless stated otherwise for a specific product, the customer expressly consents via the website that the digital content is made available immediately after payment, and thereby loses the right to withdraw within 14 days. Withdrawal within 14 days with a full refund is therefore excluded for digital content. This right does not apply to business customers.

3. A consumer may withdraw from a distance contract for digital content if the Provider does not deliver it immediately after payment or within an additional period set by the customer (unless a later delivery date is stated). Withdrawal without an additional period is possible only if it is clear the Provider will not deliver, or if timely delivery was essential. This does not apply to pre-sales and other cases with a later delivery date.

4. The services provided are leisure services; after a binding booking it is therefore not possible to withdraw from the contract and Section 1829 of the Civil Code does not apply.

5. If a gift (bonus) is provided with a product, the gift contract is concluded subject to the condition that if the customer withdraws from the contract, the gift contract ceases to be effective and the customer must return the gift.

6. Withdrawal can be sent by e-mail to the address stated at the beginning of these Terms. It is sufficient to demonstrably send it on the last day of the 14-day period. The Provider will refund the payment within 14 days of receiving a valid withdrawal.

7. The Provider may withdraw from the contract if the product cannot objectively be provided under the original conditions, performance becomes impossible or unlawful, or the customer materially breaches these Terms or the contract (e.g. insulting behaviour). The withdrawal will always be justified and becomes effective upon delivery to the customer.

1. The customer may exercise rights arising from defective performance if the product has a defect or does not match the order. These rights are governed by applicable law, in particular Sections 1914–1925, 2099–2112 and, for consumers, 2158–2160 of the Civil Code (applied reasonably to services under Section 2615), and for digital content Sections 2389a–2389s of the Civil Code.

2. The Provider is responsible for the product being free of defects on delivery. The customer must report a defect by e-mail without undue delay after discovering it. A business customer may report a defect on receipt; a consumer within the statutory period of six months from receipt. Defects covered by a warranty may be reported within the warranty period. Given the personal nature of some energy-related services, a defect can only be claimed if the service did not match its description on the website.

3. The customer may request removal of the defect, a reasonable discount or withdraw from the contract. The customer chooses the remedy but may not withdraw in the case of an insignificant defect.

4. A reasonable discount is determined as the difference between the value of the product without the defect and the defective product. For products provided over time, the period of defective provision is taken into account.

5. Amounts refunded due to defective performance will be returned at the Provider's expense without undue delay, no later than 14 days after the customer exercised the right.

6. Complaints are resolved within 30 days. The Provider will inform the customer of the outcome by the end of this period, or inform them in advance if this is not possible and keep them updated on the progress.

1. The Provider provides products to the extent and in the manner described on the website. The Provider is not responsible for the customer automatically gaining personal benefit or other specific results from using the service.

2. The customer expressly acknowledges that some services involve animals — horses. The customer must follow the Provider's instructions on how to approach and behave around horses during the service and at any other time they visit the horses. The behaviour of animals cannot be influenced according to the customer's wishes; the customer undertakes to respect this and treat the horses with care and kindness. The customer acknowledges responsibility for their own life — a horse is an animal that can be startled, and this responsibility lies with the participant.

3. The Provider is the author and holder of copyright in the services, products, websites and their parts that constitute copyrighted works, unless stated otherwise. Any use without the Provider's consent, including unauthorised copying, taking over or distributing websites, articles, online recordings and audiovisual works, is prohibited.

4. Out-of-court resolution of consumer disputes (ADR) is handled by the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1929, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. The EU online dispute resolution platform at http://ec.europa.eu/consumers/odr may also be used for consumer disputes.

5. All reviews of products or the Provider published on the website come from people who actually received the digital content or used the service. Reviews are verified as coming from closed Facebook groups accessible only to customers, from e-mails sent by customers, or from other verified messages or social media of the Provider.

6. Deviating provisions may be agreed in the contract between the Provider and the customer and take precedence over these Terms.

7. Provisions on personal data protection and cookies can be found in other sections of the Provider's website.

8. The Provider may change or supplement these Terms; changes take effect upon publication on the website. Rights and obligations arising during the validity of a previous version are not affected.

9. If any provision is or becomes invalid or ineffective, it will be replaced by a provision whose meaning is as close as possible to it. The validity of the other provisions is not affected.

These Terms come into force and effect on 15 August 2024, when they were published on www.martinaprazakova.com. — Martina Pražáková