GENERAL TERMS AND CONDITIONS

for the sale of the ebook (electronic book) and the provision of travel advice services (tailor-made itinerary planning)

Introductory provisions and explanation of the purpose of the General Terms and Conditions

1. These General Terms and Conditions (hereinafter abbreviated as “GTC”) apply to the purchase of an ebook (electronic book) (hereinafter also referred to as “digital content” or “ebook”) and the provision of travel consulting services (customized itinerary planning) via the web interface www.ourswissexperience.com operated by Hana Hurábová, with registered office at Franz-Schnyder-Weg 16, 3422 Alchenflüh, Switzerland (hereinafter also referred to as “Seller”).
2. The ebook purchase is based on the Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is described in detail in Article III. III. These GTCs are documents that form an integral part of the Purchase Agreement and details and explain the rights and obligations of both parties to the Purchase Agreement, i.e., the Buyer and the Seller. Provisions in the Purchase Contract that differ from the provisions of the GTC shall prevail (i.e., the text of the Purchase Contract shall prevail over the text of the GTC). The GTC also addresses specific other issues related to purchasing digital content or using the www.ourswissexperience.com website.
3. The GTC contains information you need to have before you buy the ebook. Please read the T&Cs carefully and contact me if you have any comments or questions about them before ordering the ebook. Please refer to Article II. GTC. Mutual communication is the best way to eliminate any future confusion between us. By ordering an ebook, you indicate that you have seen and read the GTC and agree to the course of business and cooperation that I describe here. You are also signaling that you are serious about your order and that you, like me, are prepared to fulfill your obligations under the subsequently concluded Purchase Agreement (i.e. I, as the Seller, will primarily deliver the ebook you ordered and you, as the Buyer, will pay the agreed price for it).
4. All relevant information is available to you in the GTC. For quicker orientation, here is the table of contents:

Contents of the GTC:

1. 1. Introductory provisions and explanation of the purpose of the General Terms and Conditions
   2. Important terms (definitions)
   3. Order and conclusion of the Purchase Contract
   4. Price of the ebook and travel advice services and payment
   5. Delivery terms
   6. Details of the functionality of the digital content and its interaction with the hardware and software
   7. Withdrawal from the Purchase Agreement
   8. Warranty, rights of defective performance, claims procedure
   9. Complaint handling, consumer dispute resolution
   10. Final Provisions

II.

Important terms (definitions)

1. SELLER.

The Seller is: Hana Hurábová

Hauptstrasse 28A, 3422 Alchenflüh, Switzerland

Contact phone number: +41 76 76 11 844

E-mail address: hello@ourswissexperience.com

1. BUYERS. The Buyer is the one who, through the web interface www.ourswissexperience.com, enters into a Purchase Agreement with me as the Seller and thereby purchases the ebook or travel planning services. The Buyer can be an entrepreneur (an entrepreneurial natural person often also referred to as a self-employed person or a legal entity, e.g., a limited company or a joint stock company) or a consumer.
2. CONSUMER. A consumer is defined by law as a natural person who is not acting in the course of his or her business or an independent profession. Suppose you are a natural person and you include your business registration number in your order. In that case, I will assume that you are entering into the Purchase Contract as a business, not a consumer.
3. CONSUMER CONTRACT. This is a Contract of Sale in which a consumer acts as the Buyer. Under current law, a consumer is more protected than a Buyer who is not a consumer. At the same time, the Seller also has more obligations to the Consumer than to any other Buyer and is obliged to provide the Consumer with the information set out in both the Civil Code and the Consumer Protection Act. If the Buyer is a person other than a consumer, those provisions of the GTC which are solely for the protection of the consumer shall not apply.
4. A CONTRACT CONCLUDED BY DISTANCE MODE. It is a Purchase Contract if it is concluded through the MEANS OF REMOTE COMMUNICATION, i.e. it is concluded without the Seller and the Buyer having to meet in person, because it is concluded through a web interface (based on an order made directly on the website www.ourswissexperience.com by filling in the necessary data by the Buyer) or through email communication, by telephone or using similar means of communication. The costs associated with the use of means of distance communication (in particular, the cost of internet connection and telephone calls) are borne by you and do not differ from the normal rate charged by your operator or internet service provider. By placing an order, you expressly agree to distance communication.
5. APPLICABLE LAW. These are the applicable Czech legal regulations governing the relationship between the Buyer and the Seller. These include in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CCC”) and, in cases where the Buyer is a consumer, Act No. 634/1992 Coll., on Consumer Protection.

III.

Order and conclusion of the purchase contract

1. The buyer orders the ebook or travel advice service through the web interface, i.e. through the ordering system, by submitting a completed order form.
2. DESCRIPTION OF THE EBOOK AND TRAVEL ADVISORY SERVICE PROVIDED. The web interface provides a detailed description of the ebook offered, including an indication of what it contains, who it is intended for, what it can deliver to the reader, and the format in which it is provided. The same applies to the product description of the travel advice (tailor-made itineraries). All presentations given on the web interface are informative. As the Seller, I am not obliged to enter into a Purchase Agreement in respect of these products. Section 1732 para. 2. of the German Civil Code shall not apply.
3. ORDERING EBOOK AND TRAVEL ADVICE SERVICES. To order the ebook and the travel advice service via the web interface, use the order form, where you, as the Buyer, fill in your name, surname or company name, address, email, in the case of entrepreneurs, ID number, VAT number, and choose the method of payment.

Before sending the order, you can check and change the data entered in the order form and, if necessary, correct any errors and discrepancies. To submit your order, click on the “Place order” button.

I will inform you of the receipt of your order by e-mail sent to the e-mail address you entered in the order. Information about the receipt of the order is sent automatically. If the confirmation does not indicate that I accept the order, I will send you information about the receipt in a subsequent email. Until you receive confirmation of receipt of your order, you may cancel your order by telephone or by email (to the address specified in Article II. of the GTC). The Purchase Contract is concluded upon delivery of the order confirmation to your e-mail address indicated in the order.

In case of doubt, I may contact you to verify the authenticity of the order, and if I cannot verify the authenticity of the order, it is assumed that the order was not placed at all.

1. The contract of sale is concluded in Czech or English. The contract is concluded in electronic form and consists of your order, its acceptance by us and these GTC. I archive the contract in electronic form, it is not accessible.

IV.

Price of the ebook and travel consultancy services and payment

1. PRICE OF THE EBOOK AND TRAVEL CONSULTANCY SERVICES. The current ebook and travel advice services price is always listed on the web interface. The price is inclusive of value-added tax (VAT). The price is valid as long as it is displayed on the web interface. If a promotional price is indicated, it is also indicated under which conditions and when the promotional price is valid. Due to the nature of the ebook and travel advice services, there are no shipping or other costs associated with its delivery. The calculated price shown in the order summary (i.e. before you click the “Submit” button) is already the final price.
2. The agreed purchase price for the ebook and travel advice services is quoted when you submit your order (as indicated on the submitted order form). Should there be an obvious error in the price on the web interface (meaning primarily a typo, a mistake in entering the price) or a similar error in the process of concluding the Purchase Agreement, then I am not obliged to deliver the ebook to you at such an incorrect price, even if there has been an automatic confirmation of acceptance of the order. If you have already made payment of such an erroneous price, I am entitled to withdraw from the Purchase Agreement. If there is a change in the purchase price between the dispatch of your order and its confirmation by us, the purchase price valid at the time of dispatch of the order shall apply unless otherwise expressly agreed between us.
3. Unless otherwise expressly agreed between us, I am only obliged to deliver the ebook and travel advice service to you after full payment of the agreed purchase price. The ebook remains in my possession until the purchase price is paid in full, and the travel advice services will not be provided.
4. METHOD OF PAYMENT. The following methods may pay the purchase price:

– bank transfer to my account (payment usually takes 1-2 working days): you will receive payment instructions, in the form of an advance invoice, in your order confirmation email (if you do not issue an advance invoice, please cross out “in the form of an advance invoice”) When paying, please remember to include the appropriate variable symbol so that the payment can be quickly paired and the ebook delivered as soon as possible.

– By card

Payment methods are connected to the payment gateway of GOPAY Ltd, which provides secure technology for accepting credit cards and online bank transfers. Payment card numbers, credit card numbers, and passwords to the electronic

are entered through the company’s secure and trusted channel.

GOPAY s.r.o.

– Cashlessly by using the online payment system PayPal,

Any other payment methods will be indicated on the web interface or may be expressly agreed between us. The purchase price shall be paid in Czech crowns or Swiss francs.

5. DUE FOR PAYMENT OF THE PURCHASE PRICE.

In the case of a cashless transfer, the purchase price is payable within seven days of confirmation of receipt of the order. The due date is indicated in the payment instructions in the advance invoice (if you do not have an advance invoice, delete “in advance invoice”). The purchase price is paid when the relevant amount is credited to my bank account.

I will issue a receipt of payment, which you will receive immediately after the payment is made for online payment methods; otherwise, within three days of receipt.

Section 2119(1) of the German Civil Code does not apply.

Neither the Ebook nor the travel advice services can be paid for by installment plan.

V.

Terms of delivery

1. METHOD OF DELIVERY OF EBOOK and TRAVEL ADVISORY SERVICES. The E-book in .pdf format will be sent after payment of the purchase price to the electronic address you have provided as an attachment to an e-mail message or by sending a link in the form of a website address where the content can be downloaded or opened. The travel advice service (tailor-made itinerary) will also be produced in .pdf format and sent as an attachment to the e-mail message.

1. DELIVERY TIME. The length of the delivery time depends on the payment method chosen and the product type. If payment is made by regular bank transfer, the ebook will be delivered within three working days after the payment is credited to our bank account. For online payment by credit card or fast online transfer, the ebook will be delivered immediately after payment is made. Regarding travel consultancy services, the Tailor-made Itinerary will be delivered within 14 days after a telephone conversation with the buyer in which the details of his/her desired trip are clarified.

1. SHIPPING COSTS. Due to the nature of the product (ebook or .pdf file with customized itinerary), there are no shipping costs.
2. Upon delivery of the ebook and customized itinerary, please check the functionality and availability of the content as soon as possible and if you find any deficiencies or defects, please contact me so that I can make corrections. Please refer to Article VIII of these GTC for details.
3. To be fully functional, the digital content requires that you have hardware and software that allows you to open and work with pdf documents in particular (see Article VI of the GTC for details).

VI.

Data on the functionality of the digital content and its interaction with hardware and software

1. I only send the digital content (ebook and customized itinerary) to you, as the Buyer, at your electronic address, or by making available the address of the website where the content is located. The digital content requires you to have the hardware and software to open and work with pdf documents to be fully functional. You can download the content in a web browser if it has been supplied by posting a link to a website. In order to download the ebook, you must be connected to an internet network with sufficient connection speed. I am not responsible for the unavailability of the content if your internet connection is down or slow. It may happen that the content is temporarily unavailable for a short period of time due to data maintenance or server outages. The website may be updated without prior notice.
2. Digital content is protected by copyright and cannot be redistributed or used by others without my express permission. The ebook and customized itinerary is for educational and informational purposes only and is created using my knowledge and experience. These are guides and recommendations and it depends on your ability and other circumstances what results you achieve with their help. The products cannot replace a personal consultation. I am not responsible for your eventual failure to apply the techniques, advice and recommendations in the ebook.

VII.

Cancellation of the Purchase Contract

1. By law, the consumer may generally withdraw from a contract concluded by distance selling without giving reasons within 14 days of the conclusion of the purchase contract. However, as I am extremely concerned about your satisfaction, I provide you with a satisfaction guarantee over and above the legal obligations. You have the option within 30 days of the concluded Purchase Agreement to withdraw without giving any reason if the ebook does not meet your expectations or even for any other reason. In this case, please inform me of the application of the satisfaction guarantee electronically at hello@ourswissexperience.com or in writing to the address stated at the beginning of these GTC. Please state in the information that you are exercising your right to withdraw from the Purchase Agreement within 30 days under the Satisfaction Guarantee and, if possible, enclose proof of purchase of the ebook or at least the date of purchase, your identification details and the ebook you purchased. You can also easily cancel (use the satisfaction guarantee) by filling out the form found here. If you use the sample form, I will acknowledge receipt without delay. You do not need to give any reasons for withdrawal.
2. The application of the satisfaction guarantee in the form referred to in the preceding paragraph within the 30-day period means that the withdrawal from the Purchase Agreement must be sent by email to hello@ourswissexperience.com or sent by post to my address as specified in Article II, paragraph 1 of the GTC, or delivered to this address in person or by another person.
3. As a Buyer, you may also withdraw from the Purchase Agreement in other cases provided for by law or by the Purchase Agreement and the GTC, in particular in the event of defective performance (Article IX. of the GTC). As a Seller, I am entitled to withdraw from the Purchase Agreement in the event of your default in payment of the purchase price if it is more than 10 days overdue and in the event of a material breach of your obligations under the Purchase Agreement, in particular in the event of unauthorized interference with the web interface, copyright infringement and in other cases provided for by law.

VIII.

Warranty, rights arising from defective performance, complaints procedure

1. The rights arising from defective performance are governed by the applicable legal provisions, in particular §§ 1914 to 1925, § 2099 to 2112 and § 2165 to 2174 of the Czech Civil Code.
2. The rights arising from the guarantee are governed in particular by the provisions of Sections 2113 to 2117 and 2161 to 2164 of the Czech Civil Code.
3. As the Seller, I respond that the ebook and the customized itinerary are free from defects upon receipt. If you are a consumer, then if the defect manifests itself within 6 months of receipt, the ebook shall be deemed to have been defective upon receipt. If you are a consumer, I am also responsible if the defects do not appear within the warranty period, which is 24 months from receipt of the product.
4. In the event of a defect that cannot be rectified, or in the event of a recurrence of a defect after repair, or in the event of multiple defects, you have the right to request replacement of the ebook with a new one or to withdraw from the contract. In the event that you do not withdraw from the contract or do not exercise your right to have a new ebook delivered without defects, you may claim a reasonable discount. You can also claim a reasonable discount if I am unable to supply you with a new ebook without defects, or if I fail to arrange a remedy within a reasonable time or if arranging a remedy would cause you significant difficulties.
5. You are not entitled to defective performance rights if you knew before you received the product that the ebook was defective or if you caused the defect. Warranty and liability claims do not apply to defects caused by improper use of the ebook or improper storage.
6. If the ebook was not delivered to you within the delivery time, please check your “bulk mail” or spam folders first. If you do not find the ebook there either, please file a claim according to the following paragraph.
7. File a claim with me without undue delay after discovering the defects. You may file a claim by email to our email address hello@ourswissexperience.com or by sending a written claim to our address listed in Article II of the GTC. I would appreciate it if you would also attach an invoice or other proof of purchase, a description of the defect complained of and a proposed solution to the complaint. I will deal with the complaint without undue delay, within 30 days at the latest, unless we expressly agree otherwise. I will provide you with written confirmation of the claim and its settlement.

1. Handling complaints, resolving consumer disputes

1. If you have any complaint regarding the concluded Purchase Agreement, its performance or our activities, please contact me at the address specified in Article II. GTC or electronically at hello@ourswissexperience.com.
2. If a consumer dispute arises between me as the seller and the consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the subject of the out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection. All details on out-of-court resolution are available on the website of the Czech Trade Inspectorate www.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
3. I declare that I am not bound by any codes of conduct (§ 1826(1)(e) of the Czech Commercial Code).

1. Final Clauses

1. The purchase contract is concluded for a definite period of time, until the Seller and the Buyer fulfill their obligations under the contract.
2. The protection of personal data is dealt with in a separate document, which can be found here.
3. Please note that I am entitled to unilaterally change these GTC, however, the text of the terms and conditions in force at the time of placing the order shall always apply to the Buyer.
4. These GTC are effective from 22.1.2019.