GENERAL TERMS AND CONDITIONS
Article I Introductory Provisions and Definitions
INTRODUCTORY PROVISIONS
- These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the legal relationships between PetraSolace s. r. o., with its registered office at Smolenická 3048/14, Bratislava – Petržalka, 851 05, Slovak Republic, Company ID: 57 359 083, registered in the Commercial Register maintained by the Municipal Court Bratislava III, Section: Sro, Insert No.: 194535/B (hereinafter referred to as the “Seller”), and any natural or legal person (hereinafter referred to as the “Buyer”) who accesses or uses the website www.petra-solace.com (hereinafter referred to as the “Website”), or who orders or purchases any product or service offered by the Seller through the Website or by any other means of communication.
- These GTC primarily regulate the terms and conditions for the use of the Website, the conditions for concluding distance contracts through electronic means, as well as the terms governing the sale of digital content, the provision of services including individual coaching and consultations, the sale of templates and documents, online courses and programs, and participation in events organised by the Seller.
- The Buyer means any natural person or legal entity who orders a product or service. If the Buyer is a natural person acting outside the scope of their business activity, profession, or trade, such person shall be considered a consumer (hereinafter referred to as the “Consumer”). Legal relationships with Consumers shall primarily be governed by the provisions of consumer protection legislation.
- By accessing or using the Website, submitting an order through the Website, or ordering or purchasing a product or service from the Seller by any other means of communication, the Buyer confirms that they have duly familiarised themselves with these GTC, understand their content, and agree to them in full. These GTC form an integral part of every contract concluded between the Seller and the Buyer.
- Legal relationships not expressly governed by these GTC shall be governed primarily by Act No. 40/1964 Coll., the Civil Code, Act No. 513/1991 Coll., the Commercial Code, Act No. 108/2024 Coll. on Consumer Protection, Act No. 22/2004 Coll. on Electronic Commerce, Act No. 185/2015 Coll., the Copyright Act, and the relevant provisions of the law of the European Union.
DEFINITIONS
- For the purposes of these General Terms and Conditions (hereinafter referred to as the “GTC”), the following terms shall have the meanings set forth below, unless the context requires otherwise:
- Seller – means the commercial company PetraSolace s. r. o., with its registered office at Smolenická 3048/14, Bratislava – Petržalka, 851 05, Slovak Republic, Company ID: 57 359 083, registered in the Commercial Register maintained by the Municipal Court Bratislava III, Section: Sro, Insert No.: 194535/B, which offers, sells or otherwise makes available digital products and provides services through the Website.
- Website – means the website available at www.p HYPERLINK „http://www.petra-solace.com/“etra-solace.com, including all of its subpages, functionalities, technical features, online platforms and membership sections through which the Seller provides its products or services.
- Buyer – means any natural person or legal entity who concludes a contract with the Seller through the Website or by other means of distance communication, or who uses the services or content provided by the Seller.
- Consumer – means a natural person who, when concluding and performing a contract with the Seller, does not act within the scope of their business activity, profession or trade within the meaning of Section 52(4) of the Civil Code and the relevant consumer protection legislation.
- Entrepreneur (Business Customer) – means a natural person conducting business or a legal entity who, when concluding and performing a contract, acts within the scope of their business activity or in connection with it.
- Digital Content – means data created and supplied in digital form, in particular online courses, videos, audio recordings, documents, templates, presentations, methodologies, e-books, programs or other digital materials made available through the internet or an electronic platform.
- Digital Product – means digital content provided by the Seller to the Buyer, whether for consideration or free of charge, through the Website or another electronic system.
- Service – means in particular individual coaching, mentoring, consultation, training or any other professional or educational service provided by the Seller based on the Buyer’s order.
- Event – means an online or offline event organised by the Seller, such as a workshop, seminar, training session, course or other educational or development event.
- Content – means any material made available through the Website or provided to the Buyer under a contract, including in particular texts, videos, audio recordings, graphics, presentations, templates, documents, databases, methodologies, know-how and other copyrighted or informational materials.
- Licence – means the authorisation granted by the Seller to the Buyer to use digital content or other protected Content to the extent and under the conditions specified in these GTC or in a separate agreement between the parties.
- Contract – means a contract concluded between the Seller and the Buyer through the Website or by other means of distance communication, the subject matter of which is the delivery of a digital product or the provision of a service.
- Distance Contract – means a contract concluded between the Seller and the Consumer without the simultaneous physical presence of the parties, exclusively through means of distance communication, in particular through the internet or electronic communication.
- Order – means the Buyer’s proposal to conclude a contract made through the order form available on the Website or through other means of electronic communication.
- Means of Distance Communication – means in particular electronic mail, internet website, online order form, telephone or other communication tools enabling the conclusion of a contract without the simultaneous physical presence of the contracting parties.
- Free Content – means digital content provided by the Seller free of charge, for example in exchange for registration on the Website or the provision of contact details.
Article II Scope and Legal Framework
- These GTC govern the terms and conditions for the use of the Website as well as the rights and obligations of the contracting parties when concluding and performing contracts concluded through the Website or by other means of distance communication, in particular by e-mail, telephone or other electronic communication.
- These GTC apply in particular to the sale of digital content in electronic form, including in particular online courses, programs, video content and other educational materials, the sale of templates, documents and other digital materials, the provision of individual coaching and consultation services, as well as the organisation of online and offline events.
- If the Seller provides free content or allows access to certain parts of the Website without the conclusion of a contract, these GTC shall apply mutatis mutandis to such use.
- Legal relationships between the Seller and the Buyer not expressly governed by these GTC shall be governed by the laws of the Slovak Republic, in particular Act No. 40/1964 Coll., the Civil Code, Act No. 513/1991 Coll., the Commercial Code, Act No. 108/2024 Coll. on Consumer Protection, Act No. 22/2004 Coll. on Electronic Commerce, and Act No. 185/2015 Coll., the Copyright Act.
- If the Buyer is a Consumer, the provisions of consumer protection legislation shall apply with priority to the extent that they provide a higher level of protection.
- The Website and the services provided by the Seller are intended exclusively for persons over 18 years of age. By using the Website or ordering products or services, the Buyer declares that they have reached at least 18 years of age and are legally capable of concluding a contract under the laws of the Slovak Republic.
Article III Order Placement and Conclusion of the Contract
- An order for a product or service may be placed through an electronic order form available on the Website or by other means of communication with the Seller, including in particular email communication, online forms, payment links or other agreed methods. When completing the order or otherwise providing information necessary for placing an order, the Buyer is obliged to provide true, complete and up-to-date information.
- Before submitting the order, the Buyer has the opportunity to review the entered information and, if necessary, correct it. By submitting the order, the Buyer confirms the accuracy and completeness of the information provided.
- By submitting the order, the Buyer makes a binding offer to conclude a distance contract.
- The contract between the Seller and the Buyer is concluded at the moment when the confirmation of receipt of the order is delivered by the Seller to the Buyer’s e-mail address. An automatic confirmation of receipt of the order generated by the system shall not be considered a conclusion of the contract unless its content expressly indicates otherwise.
- Prior to submitting the order, the Buyer is informed of the price of the product or service, the main characteristics of the product or service, the method of payment, delivery conditions and these GTC. By submitting the order, the Buyer confirms that they have duly familiarised themselves with this information.
- If the subject matter of the contract is the delivery of digital content or the provision of a service before the expiry of the withdrawal period, the Buyer grants, prior to submitting the order, explicit consent to the commencement of the provision of the digital content or service and simultaneously acknowledges that, under the conditions stipulated by law, the right to withdraw from the contract may be lost.
- The contract shall be concluded in the English language if not agreed otherwise.
Article IV Price and Payment Terms
- The price of products and services is stated on the Website for each individual product or service or may be agreed individually between the Seller and the Buyer through other means of communication. All prices are stated in EUR.
- If the Buyer is a Consumer, the price shall be stated as the final price including all taxes and charges, unless expressly stated otherwise.
- Payment may be made using the methods specified on the Website, in particular by online payment through a payment gateway or by bank transfer, or by other payment methods agreed between the Seller and the Buyer, including in particular payment links, invoices or other agreed payment methods.
- The purchase price shall be due and payable immediately upon submission of the order, unless stated otherwise. The Buyer’s obligation to pay the price shall be deemed fulfilled at the moment when the full amount is credited to the Seller’s bank account.
- The digital content shall be made available to the Buyer without undue delay after payment of the price, unless otherwise specified for a particular product.
- In the case of the provision of a service (e.g. coaching), the service shall be reserved only after payment of the price, unless otherwise agreed between the parties.
- The Seller reserves the right to unilaterally modify the prices of products and services. Any change in price shall not affect contracts that have already been concluded.
- In the event that the Buyer is in default with the payment of the price, the Seller shall be entitled to withhold performance or to withdraw from the contract.
Article V Digital Content and the Right of Withdrawal from the Contract
- If the Buyer is a Consumer, they shall have the right to withdraw from a distance contract within 14 days from the date of conclusion of the contract, without stating any reason and without incurring any penalties, except in the cases specified below.
- The right of withdrawal shall not apply to the supply of digital content not supplied on a tangible medium if:
- a. the provision of the digital content has begun with the Consumer’s explicit consent prior to the expiry of the withdrawal period; and
- b. the Consumer has declared that they have been duly informed that by giving such consent they lose the right of withdrawal from the contract.
- The explicit consent referred to in Section 5.2 must be granted prior to the commencement of the provision of digital content, in particular by means of a separate confirmation (e.g. a checkbox) within the ordering process.
- Digital content shall be deemed delivered at the moment it is made available to the Buyer, in particular by sending access credentials, granting access to a membership section, or enabling the download of the digital content.
- If the Consumer withdraws from the contract within the statutory period and the conditions set out in Section 5.2 have not been fulfilled, the Seller shall refund all payments received from the Consumer without undue delay, and in any event no later than 14 days from the date of receipt of the notice of withdrawal.
Article VI Coaching and Individual Services
- Individual coaching, mentoring and consultations provided by the Seller constitute a service within the meaning of the applicable legal regulations and are provided on the basis of an individually agreed appointment.
- The service is linked to a specific time slot reserved exclusively for the Buyer. By reserving an appointment, the Seller becomes obliged to allocate the corresponding time capacity.
- If the Buyer is a Consumer, they shall have the right to withdraw from a contract for the provision of services within 14 days from the date of conclusion of the contract, without stating any reason, unless the provision of the service has commenced under the conditions specified below.
- If the Consumer expressly requests the commencement of the provision of the service before the expiry of the withdrawal period and the service is fully provided, the right of withdrawal from the contract shall expire.
- If the Consumer withdraws from the contract after the provision of the service has commenced at their explicit request before the expiry of the withdrawal period, the Consumer shall be obliged to pay the Seller a proportionate part of the price corresponding to the extent of the service already provided up to the moment of withdrawal.
- The explicit request to commence the provision of the service before the expiry of the withdrawal period must be granted separately and in a verifiable manner during the ordering process.
Article VII Confidentiality
- The coaching relationship, as well as all information that you share exclusively with Petra Solace as part of this relationship, is bound by the principles of confidentiality.
- However, please be aware that the coaching relationship is not considered a legally confidential relationship, and therefore communications are not subject to the protection of any legally recognised privilege.
- Confidential Information does not include information that:
- was already in the possession of Petra Solace prior to being provided by you;
- is shared by you publicly, including on social media;
- is generally known to the public or within your industry;
- is obtained by Petra Solace from a third party without breach of any obligation towards you;
- is independently developed by Petra Solace without use of or reference to your confidential information;
- must be disclosed pursuant to applicable law, a lawful subpoena, or a court order;
- is disclosed where Petra Solace reasonably believes there is an imminent risk of harm to you or others; or
- involves illegal activity.
- You also agree that Petra Solace may use, share or distribute anonymised examples of your story, questions and development path for coaching purposes to third parties and by any means, provided that no personal data (including your name or date of birth) is disclosed.
Article VIII Cancellation Policy for Coaching and Individual Services
- The Buyer shall be entitled to cancel a scheduled coaching session or individual consultation exclusively in writing, by means of an e-mail delivered to the Seller’s contact address.
- The cancellation conditions are as follows:
- cancellation more than 24 hours prior to the scheduled appointment – no cancellation fee shall apply;
- cancellation less than 24 hours prior to the scheduled appointment – a cancellation fee in the amount of 100% of the service price shall apply;
- failure to attend the scheduled appointment without prior cancellation – a cancellation fee in the amount of 100% of the service price shall apply.
- In the event of cancellation more than 24 hours in advance, the parties may agree on a replacement appointment, or the amount paid may be retained as a credit for the future use of the service.
- The cancellation fee pursuant to Section 8.2 constitutes contractual compensation for the reservation of the Seller’s time capacity, which is allocated to a specific time slot and can no longer be effectively offered to another client.
- The provisions of this Article shall not affect the Consumer’s statutory right of withdrawal from the contract under applicable legal regulations, provided that such right has not been lost in accordance with Article VI of these GTC.
- If Petra Solace cancels a session, programme or event due to unforeseen or unexpected circumstances, illness, technology failure, venue issues, urgent family matters or anything else outside of its control, notice will be given as soon as possible and the session shall be rescheduled by Petra Solace.
- If you have travelled to attend a scheduled session, programme or event that has been cancelled, Petra Solace shall not be held responsible for covering any travel or accommodation costs.
Article IX Events
- The Seller organises online or offline events, the scope, programme, venue and price of which are specified on the Website or in a separate offer.
- The Seller reserves the right to reasonably modify the event programme, change the lecturer or speaker, or make organisational changes if required by objective circumstances. Such changes shall not give the participant the right to withdraw from the contract or claim damages, provided that the essential nature of the event is not substantially altered.
- The Seller shall be entitled to change the date or venue of the event for serious organizational reasons. In such case, the participant shall be entitled to:
- participate in the event on a replacement date, or
- withdraw from the contract, in which case the paid event fee shall be refunded.
- In the event that the event is cancelled by the Seller, the participant shall be entitled to a full refund of the amount paid, which shall be returned without undue delay and no later than 14 days from the notification of cancellation.
- The Seller shall not be liable for the participant’s inability to attend the event due to reasons on the participant’s side.
- The Seller shall not be liable for damages caused by force majeure circumstances, in particular natural events, extraordinary situations, actions of public authorities, or other unforeseeable and unavoidable events.
Article X Licence Terms and Copyright
- All content made available on the Website or provided to the Buyer under a contract, including in particular texts, videos, audio recordings, graphics, presentations, templates, documents, methodologies, know-how, databases and other materials (hereinafter referred to as the “Content”), is protected by copyright under Act No. 185/2015 Coll., the Copyright Act, and other applicable legal regulations.
- By purchasing a digital product or service, the Buyer does not acquire ownership of the Content, but only a limited right to use the Content under a licence.
- The Seller grants the Buyer a non-exclusive, non-transferable and time-limited licence (for the duration of access to the product) to use the Content solely for personal purposes, unless expressly agreed otherwise.
- Without the prior written consent of the Seller, the Buyer shall in particular not be entitled to:
- reproduce, copy or otherwise replicate the Content beyond the scope of statutory exceptions;
- distribute, disseminate or make the Content available to third parties;
- disclose or provide access credentials to other persons;
- modify, process or create commercial derivative works substantially based on the Content;
- use the Content in a manner that could harm the legitimate interests of the Seller;
- share or provide access credentials to digital products, membership sections or online platforms to third parties.
- The Buyer acknowledges that any unauthorised use of the Content may constitute an infringement of copyright and may give rise to the Seller’s right to claim damages, disgorgement of unjust enrichment, or other legal remedies available under applicable law.
- The provisions of this Article shall apply mutatis mutandis also to Content made available free of charge.
- The Buyer is entitled to modify purchased templates or documents solely for the purpose of completing them or adapting them to their own needs. The Buyer shall not be entitled to resell, provide, license or distribute such templates or documents to third parties without the Seller’s prior written consent.
- The Seller may make certain digital materials available free of charge, for example in exchange for the provision of an e-mail address or registration on the Website (hereinafter referred to as “Free Content”). The Buyer is entitled to use such content exclusively for personal purposes and is not entitled to distribute, sell or make it available to third parties.
- The Buyer shall not be entitled to use the content, methodologies, procedures or know-how obtained through the Seller’s products or services in a manner that would constitute unauthorised commercial exploitation or would otherwise conflict with the legitimate interests of the Seller.
Article XI Use of the Website and Coaching Services
- By using the Website or by participating in coaching sessions or other services provided by the Seller, the Buyer confirms that they accept these GTC and agree to comply with them. If the Buyer does not agree with these terms, they must refrain from using the Website and from using the Seller’s services.
- Users accessing the Website from jurisdictions where the Website or its content is prohibited do so on their own initiative and are responsible for compliance with local laws.
- The Buyer shall be entitled to use the Website and the Seller’s services exclusively in a manner that complies with applicable legal regulations, these GTC and principles of good morals.
- In particular, the Buyer undertakes not to:
- violate generally binding legal regulations;
- interfere with the technical structure or functionality of the Website or the purchased content;
- unlawfully obtain, modify or misuse the data of other users;
- use automated tools, robots, scripts or other means to unlawfully obtain data or content (so-called scraping);
- distribute malicious software, viruses or other harmful programs;
- attempt to gain unauthorised access to the servers, databases or administrative interface of the Website;
- use the Website, services or purchased content in a manner that could damage the good reputation of the Seller.
- The Buyer undertakes to behave respectfully and not to engage in abusive, discriminatory or inappropriate conduct during coaching sessions or communication with the Seller.
- If the Buyer violates these obligations or otherwise breaches these GTC or applicable legal regulations, the Seller shall be entitled, without prior notice, to suspend or terminate the provision of services and/or restrict or block the Buyer’s access to the Website or purchased Content.
- The Seller reserves the right, at its reasonable discretion, to refuse or terminate cooperation with a Buyer if the cooperation is no longer suitable or constructive.
- The Website may contain links to third-party websites. The Seller shall not be responsible for the content, availability or functioning of such websites and shall not be liable for any damages caused by their use.
- Electronic communication between the Buyer and the Seller, in particular via e-mail or contact forms available on the Website, shall not in itself create a contractual relationship unless the conclusion of a contract clearly results from its content.
- The exercise of the Seller’s rights under this Article shall not affect the Seller’s right to claim damages or other legal remedies.
- The Seller shall have the exclusive right, at any time, to suspend access to the Website, whether partially or entirely, in particular in connection with the management, maintenance, repair, modification or updating of the Website. The Seller shall also be entitled to permanently or temporarily shut down the Website, whether partially or entirely.
Article XII Liability and Representations
- The services and materials provided by the Seller, including any content made available through the Website, digital products, courses, programs or coaching services, are intended solely for educational, informational and personal development purposes.
- The services and materials provided by the Seller do not constitute psychological counseling, psychotherapy, medical advice, legal advice, financial advice, or any other form of licensed professional services.
- The Buyer acknowledges that the Seller is not acting as a licensed therapist, psychologist, medical professional or other licensed professional. If the Buyer requires psychological, medical, legal, financial or other professional assistance, they should seek the services of an appropriately qualified professional.
- Information provided through the Website or digital products is of a general nature and cannot replace individual professional advice tailored to the Buyer’s specific circumstances.
- The Seller does not guarantee the achievement of any specific results, income, business success, personal, emotional, psychological or other individual outcomes. The Seller does not guarantee that the Buyer will find a romantic partner, maintain a relationship, or achieve any specific relationship outcome. The Buyer acknowledges that results depend primarily on their own abilities, experience, level of engagement and other circumstances beyond the Seller’s control.
- The Seller shall not be responsible for any decisions or actions of the Buyer based on information provided through the Seller’s products or services.
- The Seller shall be liable for defects in digital content or services to the extent required by applicable legal regulations. This provision shall not affect the statutory rights of the Consumer.
Article XIII Limitation of Liability
- The Seller shall be liable for damage caused by a breach of obligations arising from the contract or from applicable legal regulations only to the extent required by generally binding legal regulations.
- The Seller shall not be liable for indirect damages, consequential damages, loss of profit, loss of opportunity, or other economic losses incurred by the Buyer in connection with the use of the Website, digital content or services, unless such liability arises from mandatory provisions of law.
- The Seller shall also not be liable for the consequences of any personal, emotional or relationship decisions made by the Buyer based on the information or services provided.
- The Seller shall not be liable for any errors that may occur due to system malfunctions or failures of the Website, whether temporary or permanent. The Seller shall also not be liable for any loss or damage resulting from the improper use of the Website or from the inability to use the Website.
- The Seller shall not be responsible for any damages arising out of the Buyer’s access to or use of the products or services including any dissatisfaction with personal, emotional or relationship outcomes.
- If the Buyer is a person acting within the scope of their business activities or a legal entity (B2B relationship), the Seller’s total liability for damages shall be limited to the amount of the price paid by the Buyer for the specific product or service from which the claim arose.
- The provisions of this Article shall not apply to damages caused intentionally or through gross negligence, nor to cases where liability cannot be excluded or limited under applicable law.
- The limitations of liability set out in this Article shall not apply to a Consumer to the extent that they would constitute an unfair contractual term or would be contrary to consumer protection legislation.
Article XIV Personal Data Protection
- The processing of the Buyer’s personal data shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation – GDPR), Act No. 18/2018 Coll. on Personal Data Protection, and other applicable legal regulations.
- Detailed information regarding the scope, purposes, legal basis, retention period and the rights of data subjects is provided in a separate document entitled “Privacy Policy”, which is published on the Website.
- By concluding a contract or using the Website, the Buyer acknowledges that their personal data will be processed to the extent necessary for the performance of the contract, compliance with legal obligations, and the protection of the legitimate interests of the Seller.
Article XV Complaints Procedure and Alternative Dispute Resolution
- If the Buyer believes that a digital product or service provided by the Seller is defective or not in conformity with the contract, the Buyer is entitled to submit a complaint without undue delay.
- Complaints may be submitted by e-mail to info@petra-solace.com. The Buyer shall include their name, order identification and a description of the defect or issue.
- The Seller shall confirm receipt of the complaint without undue delay and shall assess and resolve the complaint within 30 days from the date of its delivery, unless a different time limit is required by applicable law.
- If a defect in the digital content or service is confirmed, the Buyer shall be entitled to request that the defect be remedied within a reasonable time and without significant inconvenience.
- If the defect cannot be remedied or if the remedy would be impossible or disproportionate, the Buyer may be entitled, in accordance with applicable consumer protection legislation, to:
- a reasonable price reduction, or
- withdrawal from the contract.
- The above rights shall be exercised in accordance with the relevant provisions of consumer protection legislation and the Civil Code.
- If the Buyer is a Consumer, they have the right to contact the Seller with a request for remedy if they are not satisfied with the manner in which the Seller handled their complaint or if they believe that the Seller has violated their rights.
- If the Seller responds negatively to such request or fails to respond within 30 days from the date on which the request was sent, the Consumer has the right to submit a proposal for the initiation of alternative dispute resolution (ADR) in accordance with Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended.
- The competent ADR entity is in particular the Slovak Trade Inspection Authority or another authorised entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic.
- The Consumer may also submit a proposal for alternative dispute resolution through the Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr/
Article XVI Governing Law and Jurisdiction
- Legal relationships arising from or in connection with these GTC shall be governed by the laws of the Slovak Republic.
- This provision shall not affect the mandatory provisions of consumer protection legislation which shall apply irrespective of the choice of governing law.
- Any disputes between the Seller and the Buyer shall be resolved by the courts of the Slovak Republic having subject-matter and territorial jurisdiction.
- If the Buyer is a Consumer residing outside the Slovak Republic, the mandatory consumer protection provisions of the law of the Consumer’s country of habitual residence shall remain unaffected to the extent required by applicable law.
Article XVII Final Provisions
- The Seller reserves the right to reasonably amend or supplement these GTC, in particular due to changes in legal regulations, business policy or the manner in which products and services are provided.
- Amendments to the GTC shall not apply to contracts concluded prior to the effective date of the amended version of the GTC, unless the contracting parties agree otherwise.
- The amended version of the GTC shall become effective on the date of its publication on the Website, unless stated otherwise.
- These GTC shall enter into force on the date of their publication on the Website.