General Terms and Conditions

General Terms and Conditions

online shop https://lipa.coach/

I. Introductory Provisions and Definitions

1.1.
These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relations between the company

Business name: LIPA coaching & consulting, s.
r. o. o.

Halašova 2660/4 010 01 Žilina, Slovak Republic

Registered in the District Court of Žilina, Section Sro, Entry No. 71617/L
ID: 52170730

VAT NUMBER: 2120935740

VAT NUMBER: SK2120935740
Bank account: IBAN/SWIFT: SK03 0900 0000 0051 5498 9483 / GIBASKBX

and the Seller, hereinafter referred to as the “Seller”, and any person who becomes a Buyer of goods or services provided by the Seller on the Seller’s Web Site and acts in the position of a consumer pursuant to other provisions of these General Terms and Conditions and the relevant laws defining a consumer, within the framework of the applicable legislation of the Slovak Republic, in particular in accordance with Act No.
102/2014 Coll.
on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or outside the Seller’s business premises, as amended, Act No.
250/2007 Coll. on consumer protection, as amended and subsequent regulations, Act no.
22/2004 Coll. on electronic commerce, as amended, Act no.
40/1964 Coll. Civil Code as amended and Act no.
250/2007 Coll. on Consumer Protection, as amended.

1.1.1.
Email contact and telephone contact for the Seller are:

Email: info@lipa.coach

Tel: +421 918 787 607

1.1.2.
The address for sending documents, complaints, withdrawal from contracts, etc. is:

LIPA coaching & consulting, s. r. o., Halašova 2660/4 010 01 Žilina, Slovak Republic

1.2.
Legal relations between consumers and the Seller are governed by these General Terms and Conditions.

1.3.

The term Internet store is equivalent to the term Electronic store and Web site.

1.4.
A person who sends an order through the Seller’s website or other remote communication means is considered a Buyer.

1.5.
The consumer is the Buyer who, when concluding a purchase contract on the Seller’s website, is not acting as part of his business activity.

1.6.
The legal provisions of these General Terms and Conditions apply to Buyers in the capacity of legal entities or natural persons – entrepreneurs.

1.7.
A contract concluded at a distance is an agreement between the Seller and the consumer, which is concluded without the physical presence of the Seller and the consumer, especially through a website or other means of remote communication.

1.8.
The term Purchase contract includes a purchase contract for products and a service delivery contract according to the General Terms and Conditions.

1.9.
Products (also known as “Things” or “Products”) are intended for sale and publicly posted on the Seller’s Website.

1.9.1.
The term Products also includes electronic content that is not delivered on a physical medium.

1.10.
The operator of the website on the domain https://lipa.coach/ is the Seller.

1.11.
Supervision over consumer protection is carried out by the Inspectorate of the Slovak Trade Inspectorate with headquarters in Bratislava.

1.12.
The buyer can address complaints or suggestions to the seller directly or to the indicated email address info@lipa.coach.

1.13.
In accordance with Act no.
102/2014 Coll. The seller informs the consumer about the absence of special codes of conduct to which he would commit.

II.
Conclusion of the purchase contract by means of a product order.

2.1.
The Buyer can propose the conclusion of a purchase contract by sending an order for products, especially through the Seller’s website or other means of remote communication.

2.2.
The purchase contract between the Buyer and the Seller will be concluded at the moment of delivery of the confirmation of receipt of payment to the Buyer.

2.3.
The purchase contract has a fixed duration and expires primarily upon fulfillment of all obligations by the Seller and the Buyer.

2.3.1.
The termination of the purchase contract can also occur in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer and the like.

2.4.
The Seller informs the Buyer that ordering products by the Buyer includes the obligation to pay the Buyer through the selected form of payment.

III.
Price and payment terms

3.1.
The price of goods and services ordered through the Seller’s website (hereinafter referred to as the “purchase price”) is determined in the form of a prepaid membership with a certain duration:

3.2.
The base currency is the euro.

3.3.
The purchase price includes transport costs and other costs associated with the delivery of the products.

IV.

Methods of payment

4.1.
Payment for goods and services on the Seller’s website is possible in the following ways:

4.1.1.
Payment by bank transfer – price 0 euros.

V. Delivery of Products

5.1.
The Seller has the obligation to place the order and deliver the online products or send the physical products to the Buyer within 7 days from the date of conclusion of the purchase contract, as stated in point 2.2.
and others of these GTC, and payment of the total price of the order to the Seller.
In the event that both conditions mentioned in point 5.1.
of these GTC are fulfilled (i.e. the purchase contract was concluded and the total price of the order was paid to the Seller), the Seller is obliged to deliver the products to the Buyer within 7 days from the date of fulfillment of these conditions.
Delivery of electronic products will be made by providing the electronic content to the Buyer, while physical products will be delivered through an intermediary service.

Normally, the Seller carries out the delivery of products according to the following procedure: after ordering and paying for the service, the Buyer receives an access code to fill in the talent questionnaire on “gallup.com”, including instructions on how to fill in the talent questionnaire.
He will then be asked to sign up for one of the dates of the introductory seminar, and then for mentoring, depending on the service he has purchased.
All of this information should be delivered to the Buyer no later than 3 business days.
After completing the questionnaire, the Buyer will receive a report outlining his/her talents, which is required for subsequent mentoring sessions.

5.2.
Delivery of the electronic product will take place online by making the electronic content available on the Seller’s website.

5.3.
The physical product will be delivered via the Slovak Post service.

VI.
Acceptance of the Product

6.1.
The online product is operated by making electronic content available online on the Seller’s website.

6.2.
The physical product is taken over by the Buyer through Slovak Post.

6.3.
The Seller reserves the right to proper and timely payment of the order price from the Buyer.

VII.
Shipping – Methods of Transportation of Products and Price for Transportation

7.1.
Shipping methods and price for shipping ordered products:

7.1.1.
Forms of transport and respective prices:

7.1.1.1.
Online access to electronic content – price 0 euros.

7.1.1.2.
Delivery of physical products by Slovak Post – price 0 euros.

VIII.
Withdrawal of the Buyer from the Purchase Contract without Giving a Reason

8.1. If the Seller has timely and properly provided the consumer with information on the right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the Seller’s business premises within 14 days from the date of:

  1. a) acceptance of the goods according to 8.1.1.
    of these GTC in the case of contracts, the subject of which is the sale of goods,
  2. (b) the conclusion of a service contract; or
  3. (c) the conclusion of a contract for the provision of electronic content not delivered on a tangible medium.

8.1.1.
The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if

  1. a) goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
  2. (b) he delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,
  3. (c) he supplies the goods repeatedly over a specified period of time, at the time of receipt of the first delivery.

8.1.2.
If the Seller has provided the consumer with information according to § 3 par. 1 letter h), Act. no. 102/2014 Coll. in the valid wording only subsequently, but no later than within 12 months from the start of the period for withdrawing from the contract according to point 8.1.
and so on of these General Terms and Conditions, the period for withdrawing from the contract expires after 14 days from the day when the Seller additionally fulfilled the information obligation.

8.1.3.
If the Seller did not provide the consumer with information according to § 3 par. 1 letter h) Act.
no. 102/2014 Coll. in the valid wording or in the additional period in accordance with point 8.1.2.
of these GTC, the withdrawal period expires after 12 months and 14 days from the date of commencement of the withdrawal period according to point 8.1.
and so on of these GTC

8.1.4.
The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.

8.2.
The consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to receive the goods within 14 days from the date of withdrawal from the contract at the latest.
This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him.
The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
(§10 paragraph 1 of Act No. 102/2014 Coll.).

8.3 The Consumer is obliged, if he/she wishes to exercise this right, to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The withdrawal period shall be deemed to have been observed if the notice of withdrawal is sent to the Seller no later than on the last day of the period to the Seller’s address, which is: LIPA coaching & consulting, s. r. o., Halašova 2660/4 010 01 Žilina, Slovak Republic. This right may also be exercised by the consumer at any of the Seller’s premises.

8.4.
The consumer has the opportunity to use the right to withdraw from the contract with the seller either in written form or through a recording on another permanent medium.
In the event that the contract was concluded orally, any clearly worded statement expressing his will to withdraw from the contract is sufficient to exercise this right of the consumer.

8.5.
After withdrawal from the contract, both contracting parties are obliged to return the services provided to each other.
The consumer is only responsible for the reduction in the value of the goods that occurred as a result of handling the goods beyond what was necessary to determine the properties and functionality of the goods.
The consumer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation regarding the consumer’s right to withdraw from the contract according to § 3 par. 1 letter h) Act no. 102/2014 Coll.

8.6.
The consumer can use the form for withdrawing from the purchase contract when withdrawing from the contract without giving a reason.
This form is available as an attachment to this document.

8.7 If the consumer withdraws from the contract pursuant to Act No. 102/2014 Coll., he shall bear the costs of returning the goods to the seller pursuant to Section 10(3) of Act No. 102/2014 Coll. If he withdraws from the contract concluded at a distance, he shall also bear the costs of returning the goods that cannot be returned by post, unless the seller has agreed to the costs or has failed to comply with the obligation pursuant to Section 3(1)(i) of Act No. 102/2014 Coll.

8.8.
The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or related to it, including the costs of transport, delivery, postage and other costs and fees.
This provision does not affect § 8 ​​par.
5 of Act no.
102/2014 Coll.

8.9.
According to § 9 par.
3 of Act no.
102/2014 Coll.
The Seller is not obliged to compensate the Consumer for additional costs if the Consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the Seller.
The additional cost is the difference between the cost of delivery chosen by the Consumer and the cost of the cheapest common delivery method offered by the Seller.

8.10.
In case of withdrawal from the purchase contract, the seller will not accept the parcels sent on cash on delivery.
The consumer is recommended to send the parcels by registered mail or in another form, while he should not indicate the cash on delivery amount.

8.11.
When withdrawing from the contract, the consumer bears only the costs of returning the goods to the seller or the person authorized by the seller to take over the goods.
This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation according to § 3 par. 1 letter i) Act no. 102/2014 Coll.

8.12. In addition to the obligations referred to in paragraphs 1, 3 to 5 and § 9 (3) of Act No. 102/2014 Coll., the withdrawal of the consumer from the contract shall not give rise to any additional costs or obligations for the consumer.

8.13.
The right to withdraw from the contract does not apply to goods and services defined in §7 par. 6 letters a) to l) of Act no. 102/2014 Coll.

8.14.
After the expiration of the specified period for withdrawing from the purchase contract according to Act no. 102/2014 Coll. fees or reservation payments are non-refundable.
Specifically, it concerns:

  1. (a) Provision of the service: where the consumer has expressly agreed to the provision of the service and has declared that he has been duly informed that he will lose his right of withdrawal once the service has been fully provided and, where the service has been fully provided,
  2. (b) Sale of goods or provision of services dependent on price movements on the financial market: refers to the sale of goods or provision of services where the price depends on price movements on the financial market which are beyond the control of the seller and which may occur during the withdrawal period,
  3. (c) Sale of goods made to the consumer’s specific requirements: this is the sale of goods that have been made to the consumer’s specific requirements, tailor-made or designed specifically for that consumer,
  4. (d) Sale of perishable or perishable goods: refers to the sale of goods that are subject to rapid deterioration or can perish easily,
  1. (e) Sale of goods in protective packaging that cannot be returned for health or hygiene reasons: the measure applies to goods enclosed in protective packaging that cannot be returned for health or hygiene reasons if the protective packaging has been damaged after delivery,
  2. (f) Sale of goods inextricably mixed with other goods by reason of their nature: refers to the sale of goods which, by reason of their nature, are inextricably mixed with other goods after delivery,
  3. (g) Sale of alcoholic beverages with an agreed price and delivery terms: the measure applies to the sale of alcoholic beverages where the price has been agreed at the time of the contract and delivery can take place at the earliest after 30 days, with the price dependent on market price movements beyond the control of the seller,
  4. h) Carrying out urgent repairs or maintenance at the request of the consumer: Refers to the performance of urgent repairs or maintenance specifically requested by the consumer.
    It does not apply to service contracts and contracts for the sale of goods other than spare parts for repair or maintenance, unless they were concluded during the seller’s visit to the consumer and the consumer had not ordered the services or goods in advance,
  5. (i) Sale of phonograms, video or software recordings in protective packaging: applies to the sale of phonograms, video or software recordings sold in protective packaging if the consumer has unwrapped the protective packaging,
  6. (j) Sales of periodicals, except sales under subscription agreements, and sales of books not supplied in protective packaging: the measure applies to sales of periodicals, except sales under subscription agreements, and to sales of books not supplied in protective packaging,
  7. (k) Provision of non-housing, goods transport, car hire, catering or leisure services: the measure applies to the provision of non-housing, goods transport, car hire, catering or leisure services where the seller undertakes to provide these services at an agreed time or within an agreed period,
  8. (l) Provision of electronic content without a tangible medium: applies to the provision of electronic content without a tangible medium if the consumer has expressly consented to the commencement of the provision of the electronic content and has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.
  9. (j) Sale of periodicals, except sales under subscription agreements and sales of books not supplied in protective packaging,
  10. k) Provision of accommodation services for purposes other than housing, transportation of goods, car rental, provision of catering services or services related to leisure activities, whereby the Seller undertakes to provide these services at the agreed time or within the agreed period,
  11. (l) The provision of electronic content by means other than on a tangible medium, where the provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.

8.14.
In case of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which he received them from the consumer.
A change in the form of refund to the consumer is possible only on the basis of the consumer’s consent.

8.15.
In case of withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the consumer according to § 9 paragraph 1 of Act no.
102/2014 Coll. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, except when the Seller suggests that he collects the goods personally or through an authorized person.

8.16.
If the consumer withdraws from the contract for services and the provision of services has not yet begun, but has given express consent according to § 4 par. 6 of Act no. 102/2014 Coll. in the valid wording, the consumer is obliged to pay the Seller only the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract.
The price for the performance actually provided is calculated proportionally based on the total agreed price in the contract.
If the agreed price is overvalued, the price for the service actually provided is calculated based on the market price of the service provided.

8.17.
The consumer is not obliged to pay for:

8.17.1.
Services provided during the period for withdrawal from the contract, regardless of the scope of the performance provided, if:

8.17.1.1.
The seller did not provide the consumer with information according to § 3 par. 1 letter
h) or letter j), Act no. 102/2014 Coll. as amended.

8.17.1.2.
The consumer did not grant the Seller express consent to start providing the service according to § 4 par.
6, Act no.
102/2014 Coll. as amended.

8.17.2.
Fully or partially provided electronic content that is not delivered on a physical medium, if:

8.17.2.1.
The consumer did not grant the Seller explicit consent to start providing electronic content according to § 4 par.
8, Act no.
102/2014 Coll. as amended.

8.17.2.2.
The consumer did not declare that he was properly informed that by expressing his consent he loses the right to withdraw from the contract, or

8.17.2.3.
The seller did not provide the consumer with confirmation in accordance with § 6 par.
1 or par.
2 letters
b), Act no.
102/2014 Coll. as amended.

8.18.
If the goods were delivered to the consumer’s home at the time of the conclusion of the contract on the basis of an agreement concluded outside the Seller’s premises and due to its nature it is not possible to send the goods back to the Seller by post, the Seller is obliged at his own expense to ensure the collection of the goods within the time limit according to §9 par.
1.
Act No.
102/2014 Coll., as amended.

8.19.
The Seller instructs the Buyer that if, based on the service contract, the provision of the service is to begin before the expiry of the period for withdrawal from the contract or if the Buyer requests the provision of the service before the expiry of the period for withdrawal from the contract:

8.19.1.
The buyer, by giving consent to start providing the service before the expiry of the withdrawal period, loses the right to withdraw from the contract after the full provision of the service.

8.19.2.
The Seller must have the express consent of the Buyer to start providing the service before the expiry of the period for withdrawing from the contract and a declaration that the consumer has been properly informed according to point 8.19.1 of these GTC.

IX.
Alternative Dispute Resolution

9.1.
In the event that the consumer is not satisfied with the way the Seller handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for correction.
If the Seller responds negatively to the consumer’s request according to the previous sentence or does not respond to such a request within 30 days from the day it was sent to the consumer, the consumer has the right to submit a proposal to initiate an alternative dispute resolution according to the provisions of § 12 of Act No.
391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws as amended.
The relevant entity for the alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi) or another relevant authorized legal entity entered in the list of entities of the alternative resolution of disputes led by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk/ or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov -1/list-of-subjects-of-alternative-resolution-of-consumer-disputes-1).

The Buyer has the right to choose which of the above alternative dispute resolution entities to turn to.
The Buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution of their consumer dispute. Alternative dispute resolution can only be used by the Buyer who is acting in the capacity of a consumer when concluding and performing the contract.
This solution applies only to disputes between the consumer and the Seller arising out of or relating to a consumer contract.
It is only applicable to distance contracts.
The ADR entity may reserve the right to reject the proposal if the value of the dispute does not exceed EUR 20.
It may also charge the consumer a fee for the initiation of the dispute resolution, up to a maximum of EUR 5 including VAT.

All other information regarding alternative dispute resolution between the Seller and the Buyer – consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No.
391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.

X. Final Provisions

10.1.
The seller reserves the right to change the General Terms and Conditions.
The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing it on the Seller’s website.
In the event of a change in the General Business Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Business Terms and Conditions valid and effective at the conclusion of the Purchase and Sale Agreement, until the moment of its termination.

10.2.
In addition to the general provisions of Act No. 40/, contractual relationships (as well as other legal relationships that may result from a contractual relationship) with natural persons who do not act within the scope of their business activity /consumers/ when concluding a purchase contract according to these GTC apply 1964 Coll.
Civil Code as amended, as well as special regulations, especially Act No.
102/2014 Coll.
on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the Seller’s premises and Act no.
250/2007 Coll. on consumer protection.

10.3.
These General Terms and Conditions are an integral part of the Complaints Procedure and the Principles and instructions on the protection of personal data of this Website.
The Complaints Procedure and the Policy and instructions on the protection of personal data of this Website are publicly available on the domain of the Seller’s Website.

10.4.
These General Terms and Conditions become valid and effective on the date of their publication on the Seller’s website on November 29, 2023.

**Appendix no.
1 – Licensing Terms and Conditions for the Use of Electronic Content by End Customers**

Seller’s obligations regarding the terms and conditions of use of the Electronic Content by End Customers (hereinafter referred to as the “License Terms”):

The Seller agrees to condition the purchase of Electronic Content on the End Customer’s (“User”) acceptance of the following terms and conditions, and these License Terms shall be clearly and conspicuously available at least to that extent on the Seller’s online store (website).
The Seller does not have this obligation to the extent that it is not permitted to do so by the applicable law of the Slovak Republic.

**Electronic content:**

For the purposes of the Licence Terms, Electronic Content means any Electronic Content regardless of the format in which it is produced.

**Using Electronic Content:**

The Electronic Content is registered to the User.
The Seller grants the User a non-exclusive and non-transferable right to create (download) and keep a reasonable number of permanent copies of the Electronic Content.
The User has the right to view, use and display the Electronic Content an unlimited number of times, exclusively for his own, personal use.
The Electronic Content shall be deemed licensed by the Seller to the User, unless otherwise specified by the Seller.

**Restrictions:**

Unless specifically stated otherwise, Electronic Content is protected by copyright law.
User may not sell, rent, lease, loan, distribute, transmit, broadcast, sublicense, or otherwise assign rights in the Electronic Content or any portion thereof to any third party.
User may not remove descriptions or proprietary notices contained in the Electronic Content.
User shall not circumvent, modify, disable or remove any protection that protects the Electronic Content.
Nor shall he encourage, assist or authorize another person to do so.

**Cancellation by the End Customer:**

In the case of Electronic Content, withdrawal is only possible up to the time of the first download (or attempted download) or the time of the first viewing of the Electronic Content.
After these times, withdrawal by the End Customer (consumer) is not possible, as this is excluded by the very nature of the product/service (download).

**Appendix 2
Withdrawal form

Withdrawal form

Online shop https://lipa.coach/

To whom:

LIPA coaching & consulting, s. r. o., Halašova 2660/4 010 01 Žilina, Slovak Republic

I hereby give notice that I withdraw from the contract for these goods/the contract for the provision of this service* :

Date of ordering/date of receipt*:

The name and surname of the consumer:

Consumer’s address:

If you wish to send money to a bank account, please provide the bank account number:

Signature of the consumer (only if this form is submitted in paper form):

…………………………………

Date:

* Strike out those that are not applicable.