These General Terms and Conditions (“Terms and Conditions”) regulate the rights and duties of You as the buyer and Us as the seller within the terms of contractual relations concluded by means of the e-shop on the website at www.jobair.online.
All information about the processing of your personal data is given in the Principles for processing personal data, which you can find here.
As you probably know, we conduct most of our communication remotely. This is also why the fact that remote communication is used, which allows us to come to an agreement without this requiring our physical presence, also applies to our Contracts.
- SOME DEFINITIONS
1.1. The Price is the financial amount that you will pay for the Service;
1.2. VAT is Value Added Tax according to the valid legal regulations;
1.3. The E-shop is the internet shop operated by Us on the website at www.jobair.online, in which the Services will be purchased;
1.4. The Invoice is a tax document issued in compliance with the VAT Act, in the value of the Price;
1.5. We are the JOB AIR Technic a.s. Company with registered office at Ostrava International Airport, Gen. Fajtla 370, 742 51 Mošnov, Czech Republic, Company ID No. 27768872, registered in the Commercial Register registered under File No. B 3029 administered by the Regional Court in Ostrava, e-mail firstname.lastname@example.org, telephone number +420556789111, identified as the seller by the legal regulations;
1.6. The Order is your irrevocable proposal to conclude a Contract to Purchase Services with Us;
1.7. The Contract is a purchase contract arranged on the basis of a properly completed Order, sent by means of the E-shop ,and is concluded at the moment you receive confirmation of your Order from us;
1.8. The Consumer is a person concluding a Contracting with Us outside the scope of their business activities or outside the framework of execution of their independent profession;
1.9. A User Account is an account established on the basis of the data you provide, which allows storage of the entered data and storage of the history of the ordered Services and concluded Contracts;
1.10. You are the person making a purchase in our E-shop, identified as the buyer by the legal regulations;
1.11. The Service is anything that you can purchase in the E-shop;
- KEY PROVISIONS
2.1. The Terms and Conditions are the business terms and conditions within the meaning of the provisions of Section 1751 et seq. of Act No. 89/2012 Sb., Civil Code, as amended (“Civil Code”) and are an integral element of any Contract concerning the Services, concluded between Us as the seller and You as the buyer.
2.2. The Terms and Conditions become binding for you on conclusion of a Contract.
2.3. Any divergent written arrangements in the Contract have precedence over the provisions set out in the Terms and Conditions.
2.4. When purchasing Services, it is your duty to ensure that you provide correct and true information to Us. We will therefore assume that the information you provide to us when ordering Services, is correct and true.
- CONCLUSION OF A CONTRACT
3.1. The Contract is concluded exclusively remotely by means of the E-shop, during which time You cover the costs for remote communication. However, these costs do not differ in any way from the basic tariffs that you pay for using this method (i.e. particularly for internet access), you therefore should not expect any additional costs to be charged by Us in addition to the Price. By sending an Order you agree to the fact that we use remote communication.
3.2. You can conclude a Contract with Us in Czech or English.
3.3. You must create an Order in the E-shop in order to be able to conclude a Contract with Us. You must give the following information in the Order:
a) Information about the purchased Service (you identify the Service you are interested in purchasing by clicking on the “Add to basket” button in the E-shop);
b) Your identification data is used to allow us to provide the Service, particularly your name, address, telephone number and e-mail address.
3.4. During the process of creating the Order, you may change and examine it until the time it is actually created. After you examine the Order, you press the “Place binding order and go to payment” button to create an Order. Before clicking on this button, you have to confirm that you have been acquainted with the Terms and Conditions and Principles for protection of personal data, otherwise you will be unable to create an Order. There is a box you have to tick to confirm your consent. After you click on the “Place binding order and go to payment” button, all the entered information will be sent directly to Us and the Order will be created.
3.5. All presentation of Services on the E-shop is of an informational nature only and we are not required to conclude a Contract with you regarding the ordered Services. The provisions of Section 1732(2) of the Civil Code do not apply. The Contract will be concluded by confirmation of the Order, which we will send you to your email address given in the Order. This confirmation will include a summary of the Order and these Terms and Conditions.
3.6. If an evidently incorrect Price is given in the E-shop or in the Order, we are not required to deliver the Service to you for this Price, not even if you received confirmation of the Order and a Contract was thereby concluded. In such cases we are entitled to withdraw from the Contract and refund your money. Immediately afterwards, we will contact you and send you a proposal to conclude a new, amended Contract in response to the Order. In such cases the new Contract is concluded at the moment you confirm our proposal. Our proposal expires if you fail to confirm it within a time limit of 3 days from the date it is sent. We particularly consider situations when the Price does not correspond to the usual price of other retailers, or has an extra or missing digit, to be an evident mistake in the Price.
3.7. If you have established a User Account, you can also use this to place an Order. In such cases you are required to check that the pre-entered information is correct, true and complete. The method of creating an Order is the same as for buyers without a User Account, however, the advantage is that there is no need to repeatedly fill in your identification data.
- USER ACCOUNT
4.1. You can access your User Account on the basis of your registration in the E-shop.
4.2. When registering your User Account, it is your duty to give your data truthfully and correctly and to update this data in the event of any changes to it.
4.3. Access to your User Account is secured by username and password. You are required to keep this access data secret and refrain from disclosing it to anybody. We are not liable for misuse of this data.
4.4. The User Account is personal and you are therefore not authorised to enable its use by third parties.
4.5. We can cancel your User Account, particularly in cases when you have not used it for more than 24 months or if you breach your duties according to the Contract.
4.6. The User Account may not be accessible without interruption, particularly with regard to necessary hardware and software maintenance.
- PRICE AND TERMS OF PAYMENT
5.1. The become required to pay the Price at the time you conclude a Contract.
5.2. The Price is always given in the E-shop for a specific Service, in the Order and in the confirmation of the Order. If there is any discrepancy between the Price given for the Service in the E-shop and the Price given in the Order, the Price given in the Order applies.
5.3. The Price is given including VAT.
5.4. We will require that you pay the Price before we deliver the Service. You may pay the Price by one of the following methods:
a) By card on-line. In this case, payment takes place through a payment gate GoPay, during which time payment is governed by the terms and conditions of this payment gate, which are available here. The price is due payable within 3 days after conclusion of the Contract.
5.5. The invoice will be issued electronically after payment of the Price and will be sent to your e-mail address. The invoice will also be available on your User Account.
- DELIVERY OF THE SERVICE
6.1. The Service will be delivered by means of the web teaching portal, accessible at the address: jobair.online/moodle (“Teaching portal”).
6.2. Access data will be sent to the email address you provide after paying the Price for the Service. After the log-in data has been delivered, You are required to check that this data is functional and that the Service is accessible. Contact Us to remedy the situation if you discover any issues.
6.3. The Service is delivered the first time you log-in to the Teaching portal or on the 14th day after delivery of the log-in data to your email address.
6.4. You must have hardware and software allowing you to work with an internet browser and files in PDF format for the Service to function.
- WARRANTY, RIGHTS BASED ON DEFECTIVE PERFORMANCE, CLAIMS
7.1. As the seller, We are liable for the Service being free of defects on delivery, i.e. that it is functional and accessible and corresponds to the description given in the E-shop. If You are a Consumer, We are liable to You for the fact that no defects will occur for a period of 24 months from delivery of the Service.
7.2. If the Service is defective, i.e. especially if any of the terms or conditions according to Art. 7.1 are not fulfilled, You may report such defects to Us and apply rights on the basis of defective performance (“Claim”) by sending an email or letter to Our addresses given in Our identification data. You may also use the sample form provided by Us, appended as Annex No. 1 to the Terms and Conditions, for submitting a claim. In the Claim, You must choose how you wish to remedy the defect, during which time You may not change this choice subsequently without Our consent, with the exception of cases according to Art. 7.3. We will settle Claims in compliance with the applied right on the basis of defective performance. If You do not choose how you wish to remedy the defect, You have the rights set out in Art. 7.4, even in situations when the defective performance constituted significant violation of the Contract.
7.3. If defective performance constitutes significant violation of the Contract, You have the following rights:
a) to removal of the defect by delivery of a new Service or correction of the Service;
b) to an appropriate discount on the Price;
c) to withdraw from the Contract;
if You choose to remedy the defect according to item a) and We fail to remedy the defect within an appropriate time limit, which We gave, or inform You that We will not remedy the defect in this manner at all, You have the rights according to item b) and c) even if You originally did not request them at all within the terms of the claim.
7.4. If defective performance constitutes insignificant violation of the Contract, You have the following rights:
a) to removal of the defect in the Service;
b) to an appropriate discount on the Price;
However, if We fail to remedy the defect on time or refuse to remedy the defect, You become entitled to withdraw from the Contract.
7.5. In the case of significant or insignificant violation, You cannot withdraw from the Contract if You have already used the Service in full.
7.6. We will send confirmation of receipt of the Claim, the date we received Your claim and the estimated time limit within which we will settle your Claim, to Your email address, within three business days after receiving the Claim. We will settle Claims without undue delay, but within 30 days of their receipt at the latest. This time limit may be extended by mutual agreement. If the time limit elapses in vain, You may withdraw from the Contract. We will inform You of settlement of the Claim by email.
7.7. The rights based on defective performance and Claims are also governed by the valid legal regulations, particularly the provisions of Section 1914 et seq. Section 2099 et seq. and Section 2113 et seq., Section 21611 et seq. and Section 2165 et seq. of the Civil Code, and the Consumer Protection Act.
If You are a business subject, You are required to report and claim the defect without undue delay after You could have discovered it, but within three days of delivery of the Service at the latest.
7.8. If You are a Consumer, You are entitled to Claim a defect, which occurs within a period of 24 months from delivery of the Service.
- WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between You and Us so that it is null and void, may come about for reasons and by methods set out in this Article, possibly in other provisions of these Terms and Conditions, which explicitly state the possibility of withdrawal, and in the Civil Code.
8.2. If You are a Consumer, You are entitled to withdraw from the Contract without giving a reason, within a time limit of 14 days from the date of delivery of the Service, in compliance with the provisions of Section 1829 of the Civil Code. You may withdraw from the Contract by any provable method (particularly by sending an email or letter to Our addresses given in Our identification data). You may also use the sample form provided by Us, which forms Annex No. 2 to the Terms and Conditions, to withdraw from this Contract.
8.3. You must withdraw from the Contract and also deliver notice to Us before You log-in to the Teaching portal for the first time. After You log-in to the Teaching portal for the first time, You are no longer entitled to withdraw from the Contract, because this is a contract to deliver digital content according to the provisions of Section 1837(l) of the Civil Code. By creating an Order, You explicitly agree to the fact that the Service will be delivered to you before elapse of the time limit of 14 days for withdrawal from the Contract and You confirm that we have informed You of the restrictions to withdrawal from the Contract.
8.4. The time limit for withdrawal according to Art. 8.2 of the Terms and Conditions is considered fulfilled if You send notice of withdrawal from the Contract within this period.
8.5. If You withdraw from the Contract, the Price will be refunded to you within 14 days from the date Your withdrawal comes into effect, to the account from which it was debited, or possibly to the account chosen in the withdrawal from the Contract.
8.6. We are entitled to withdraw from the Contract at any time before We deliver the Service to You, if an unforeseeable or unexpected obstacle occurred before this time, which prevented Us from delivering the Service. We may also withdraw from the Contract in the event of significant violation of the Contract on Your part. Significant violation of the Contract is particularly considered to mean delay in payment of the Price by more than 7 days, unauthorised intervention into the E-shop interface, breach of copyright or unauthorised provision of access data to the User Account to a third party. If You are a business subject, We are entitled to withdraw from the Contract at any time, without a reason being necessary.
- SETTLEMENT OF DISPUTES WITH CONSUMERS
9.1. If You are a Consumer, You are entitled to out-of-court settlement of a consumer dispute arising from the Contract, according to the Consumer Protection Act. In such cases You are entitled to contact the Czech Trade Inspection Authority, Inspectorate Headquarters – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: email@example.com,web: adr.coi.cz. Out-of-court settlement of consumer disputes is exclusively initiated at Your request and only if You were unable to settle the dispute with Us directly. A request may only be submitted within 1 year from the date You applied your right, which is the subject of the dispute, to Us for the first time.
9.2. You are also entitled to out-of-court settlement of disputes on-line by means of the ODR platform available on the website ec.europa.eu/consumers/odr/
- FINAL PROVISIONS
10.1. If the legal relationship between us includes an international element (i.e. if We are to deliver the Service outside the Czech Republic), this relationship shall always be governed by Czech law. If You are a Consumer, these provisions do not affect your rights arising from the legal regulations.
10.2. We will deliver all written correspondence to You by electronic mail. Our email address is given in our identification data. We will deliver correspondence to Your email address given in the Order, in your User Account or to the address you contacted Us from.
10.3. The Contract may only be amended by written agreement. However, We are authorised to amend and supplement these Terms and Conditions. Such changes do not affect Contracts that have already been concluded, but only those contracts that are concluded after any changes come into force.
10.4. In the event of a force majuere or event that cannot be foreseen (natural disaster, pandemic, operating malfunctions, outages by subcontractors, etc.), we are not liable for damages caused as a result of or in relation to cases of force majuere and if the force majuere situation lasts for more than 10 days, both parties are entitled to withdraw from the Contract.
10.5. The sample form for Claims and sample form for withdrawal from the Contract are both appended to these Terms and Conditions.
10.6. The Contract, including the Terms and Conditions, is archived electronically by Us, but is not available to You. However, you will receive these Terms and Conditions and confirmation of the Order with a summary of the Order by email. We recommend you always save the confirmation of the Order and the Terms and Conditions.
10.7. No codes of behaviour according to Section 1826(1)(g) of the Civil Code apply to Our activities.
10.8. These Terms and Conditions shall come into force 2022/03/01.