TERMS AND CONDITIONS OF MARTINTHAM S.R.O.
(hereinafter as “Terms and Conditions”)
- General provisions
- Price of the service, penalties, invoices
- Payment method
- Delivery terms and service claims
- Withdrawal from the contract
- Cancellation policy
- Responsibility for the content of the web
- Personal data protection
- Final provisions
1. GENERAL PROVISIONS
The Terms and Conditions further define and specify the rights and obligations of the seller / supplier, which is the trading company MartinTham s.r.o, with its registered office at Priekopnícka 10749/28, Bratislava 821 06, Company ID: 521 663 68, Tax ID: 2120918371, registered in the Commercial Register in Bratislava 1, dept. Sro, insert no. 134425 / B (hereinafter for the purposes of these Terms and Conditions as “Seller”).
These Terms and Conditions apply to the purchase of one or more courses, events, workshops or any other services (hereinafter referred to as “Goods” or “Service”) available publicly, individually set by the Seller based on Buyer’s request or available in a private section on the Website www.martintham.com (hereinafter referred to as the “Website”), which the person or legal entity interested in the Goods / Service (hereinafter referred to as “Buyer”) has decided to purchase from the Seller. Relations between the Seller and the Buyer – Consumer, not set in these Terms and Conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 250/2007 Coll.). Relations between the Seller and the Buyer – Entrepreneur, not set in these Terms and Conditions are governed by the Commercial Code.
By ordering this service, you confirm that you have fulfilled or will fulfil before the start of the Service your obligation to consult the content of the Instructions – the content of the Service with your GP, or you will undertake other adequate and appropriate measures to ensure that your health condition will be assessed by a person with the appropriate medical education, and the result of such assessment or consultation will not state that your participation in the course in question is incompatible or only partly compatible with your medical condition, thus you will prevent beforehand the occurrence of temporary or permanent harm or harm to a mental or physical state.
By submitting your order in full consciousness as the Buyer, you confirm that you have done so, or will do so within the aforementioned period, otherwise you undertake not to participate in the Service without the right to return any paid Service price.
The Service is within the meaning of § 2 letter j) of the Consumer Protection Act in case of compliance with the Buyer’s obligations under these Terms and Conditions and Instructions of the Service a secure service which, provided under normal or reasonably foreseeable conditions, does not pose any danger or providing this service poses a minimal danger to the Buyer as a consumer in terms of safety and health.
If in the course of the Service occurs any fact that could potentially cause a change in the security of the Service, the Buyer is obliged to suspend any activity without delay and inform the person authorized by the Seller to organize or implement the Service, otherwise the Buyer is liable for any damage s/he causes to her/himself or to other persons participating in the Service.
The Buyer orders the selected Services by filling the electronic order form. The Buyer is obliged to check the order and, if necessary, correct it before submitting. The submitted order is binding, and at the moment it is delivered to the Seller arise to the Buyer and the Seller mutual rights and obligations, i.e. the Seller undertakes to provide the ordered Service to the Buyer and the Buyer undertakes to pay the purchase price of the Services (hereinafter referred to as the “Agreement”).
By submitting the order for the Service, the Buyer confirms that s/he has read carefully the Terms and Conditions of purchase on the website www.martintham.com of MartinTham s.r.o. and that s/he agrees with them.
These Terms and Conditions made public on the Seller’s website are an integral part of the Purchase Agreement of the Service, which arises by completing and submitting the order. The Buyer is entitled to cancel the order in compliance with point 7 of these Terms and Conditions.
3. PRICE OF THE SERVICE, PENALTIES, INVOICES
In the summary of the order you can find all prices of Services which are available on www.martintham.com. By accepting and filling the application form, the Buyer agrees with the Service price as published in the form that represents the Seller´s offer accepted by the Buyer.
Contractual penalty: If the Buyer has not paid the Seller the purchase price for the Goods or Services in due and timely manner, the Buyer is obliged to pay the Seller a contractual penalty of 0.1% of the Purchase Price of the Goods or Services for each day of late payment, up to the Purchase Price of the Goods or Services.
Invoice: Regarding the payments carried out in compliance with the Agreement, the Seller will usually issue a tax document to the buyer within 7 working days of receipt of the payment – an invoice that serves as proof of payment of the Goods and sends it to the e-mail specified in the Service order. The Seller is not a payer of value added tax.
Payment for ordered services is one-time, i.e. the Buyer pays immediately after submitting the order form, no later than 4 days after receiving the Seller’s payment details via e-mail.
5. PAYMENT METHODS
Payment methods are linked to the payment gateway GOPAY s.r.o./COMGATE s.r.o., which provides secure payment by card and online bank transfer technology. Payment and credit card numbers, and e-banking passwords are entered using GOPAY s.r.o./ COMGATE s.r.o. secure and trusted channel.
- a) Online by card: VISA, VISA electron, MasterCard, Maestro
- b) Bank transfer within 4 days from receiving the e-mail with payment details.
- DELIVERY TERMS AND SERVICE CLAIMS and complaints
The delivery of the Services is on the day of the course or on the day the stay of more days takes place, and which has been purchased by the Buyer at www.martintham.com.
The claim of the Service is governed by the provisions of the Civil Code, Act no. 250/2007 Coll. on Consumer Protection and Act no. 108/2000 Coll. on Consumer Protection in door-to-door selling and mail order. If there is a reason for a claim in accordance with the above-mentioned law, it can be applied electronically by e-mail: firstname.lastname@example.org or by sending a complaint to the local office of Slovak Trade Inspection (STI): Inšpektorát SOI pre Bratislavský kraj, Bajkalská 21/A, P.O. BOX č. 5, 820 07 Bratislava.
The Seller does not acknowledge the complaints of Goods based on late claims that were not made immediately before or during the Service. The Seller is not liable for any health consequences of the Buyer as a result of participation in the Course. Any recommendations presented by the Seller while providing the Service represent the individual experience of the person authorized by Seller, and it is solely upon the responsibility of the Buyer to what extent and with what intensity s/he freely decides to apply some of the shared information, whether during the course or after it, the Buyer is aware that s/he does so on his/her own responsibility, and thus acts on his/her own risk.
7. WITHDRAWAL FROM THE CONTRACT
The Buyer has the right to withdraw from the contract in the case of a one-day course at least 15 days before the date of the Service by electronic withdrawal to this e-mail: email@example.com without having to state any reason, attaching a copy of invoice / receipt and date of purchase with bank account number where s/he is requesting a refund of the purchase price for the Service, in case s/he is entitled to such refund partly or fully in compliance with these Terms and Conditions. A credit note will be sent to the buyer with the amount corresponding to the purchase price of the service. The amount will be refunded to the Buyer within 30 days of receiving the withdrawal e-mail. The amount will be refunded via bank transfer.
The Buyer has the right to withdraw from the contract in the case of a more-day course at least 30 days prior to the start of the event by electronic withdrawal to this e-mail: firstname.lastname@example.org with a clear will to withdraw from the contract and attaching a copy of the invoice / receipt and date of purchase and account number.
A credit note will be sent to the buyer with the amount corresponding to the purchase price of the service. The amount will be refunded to the Buyer within 30 days of receiving the withdrawal e-mail. The amount will be refunded via bank transfer.
8. CANCELLATION POLICY
In case the participant withdraws from the Agreement on providing the Service due to sudden serious illness of the Buyer 7 days or less prior to the day of one-day course, the Seller shall offer the participant an alternative term of the course of the same Content, without the possibility of refunding the paid purchase price of the Service. Alternatively, on the basis of the Seller’s prior written consent, the Buyer is entitled to find another person to substitute him/her in the course; in case this person agrees with these Terms and Conditions, and after submitting the order to participate in the Service will be allowed to participate in this course. In the case the course is cancelled in a period other than those referred to in this paragraph, the bellow mentioned more-day cancellation clauses shall be used.
In case the participant withdraws from the Agreement on providing the Service 15 days prior to the start of the course, the paid purchase price of the Service is reduced by 30% and in case of withdrawal 10 days prior to the start of the course the fee is reduced by 50%. The fee is non-refundable if the participant withdraws 3 days prior to the start of the course or in case of not attending the course, the exception being when the course does not open.
9. RESPONSIBILITY FOR THE CONTENT OF THE WEB
The website may be updated without notice and the services may be changed at any time without prior notice.
10. PERSONAL DATA PROTECTION
MartinTham s.r.o. is committed to fully respecting the confidentiality of your personal and corporate data. The information you provide in the application is necessary for your identification as a registered person. The way your personal data is handled is described in the “Personal data protection”; the document is available on the Internet at https://www.martintham.com/personal-data-protection/.
The Buyer grants consent to receive information about the Seller’s upcoming events and offers / services of Seller’s business partners. If you do not agree to receive the information, you can let us know at any time so that we can suspend the sending of information partially or completely. In the case of e-mail communication, you can unsubscribe at any time using the unsubscribe link in the footer of each e-mail.
The Buyer agrees that the photos from the Service taken by the Seller as the organizer or by the persons authorized by the Seller will be used and published on the website www.martintham.sk as well as on the organizer’s Facebook profiles for a maximum of 3 years from the date of termination of the Service in question. This consent can be withdrawn at any time by sending an application to e-mail: email@example.com
11. FINAL PROVISIONS
These Terms and Conditions come into effect on 1st May 2019. The Seller reserves the right to change without prior notice to the Buyer. The changed Terms and Conditions become effective upon their publication on the Seller’s Web site.