TERMS AND CONDITIONS
E-book sale terms and conditions
1.1 These terms and conditions shall govern the sale and supply of e-books through our website https://www.provitalis.sk, and the use of those e-books.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) “we” means Daniela Maťuchová - ProVitalis (and “us” and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “e-book” or “e-books” means those e-books that are available for purchase on our website; and
(d) “your e-book or e-books” means any such e-books that you have purchased through our website.
3. Order process
3.1 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 2.
In case of any questions or problems with placing the order, do not hesitate to contact us at firstname.lastname@example.org .
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.1 You must, during the checkout process, pay the prices of the e-books you order.
5.2 Payments may be made either by bank transfer or via PayPal. All data will be specified in order confirmation email.
6. Licensing of e-books
6.1 We will supply your e-books to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website. We usually send the e-book as soon as the payment has been credited to our account, depending on our internet access.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your e-books permitted by Section 6.3, providing that you must not in any circumstances make any use of your e-books that is prohibited by Section 6.4.
6.3 The “permitted uses” of your e-books are:
(a) downloading a copy of each of your e-books;
(b) making, storing and viewing copies of your e-books on not more than 3 desktop, laptop or notebook computers;
(c) making, storing and viewing copies of your e-books on not more than 3 e-book readers, smartphones, tablet computers or similar mobile devices; and
(d) printing a single copy of each of your e-books solely for your own use.
6.4 The “prohibited uses” of your downloads are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any e-book (or part thereof) in any format;
(b) the editing, modification, adaptation, alteration or translation of any e-book (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
(c) the use of any e-book (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any e-book (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial use of any e-book (or part thereof); and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any e-book for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your e-books.
6.6 All intellectual property rights and other rights in the e-books not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any e-book.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant e-books in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant e-books in your possession or control, and permanently destroy any other copies of the relevant e-books in your possession or control.
7. Distance contracts: cancellation right
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 You agree that we may begin the provision of e-books before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of e-books before the end of that period, you will lose the right to cancel referred to in Section 7.2.
7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by email, using the email address email@example.com , as soon as possible. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order excluding the transaction fees charged by bank or PayPal.
7.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise.
7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that:
(a) your e-books will be of satisfactory quality;
(b) your e-books will match any description of it given by us to you; and
(c) we have the right to supply your e-books to you.
8.3 All of our warranties and representations relating to e-books are set out in these terms and conditions.
9.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
9.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Third party rights
12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
13. Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with Slovak law.
13.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the Slovak Republic.
14. Statutory and regulatory disclosures
14.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
14.2 These terms and conditions are available in the English language only.
14.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
15. Our details
15.1 This website is owned and operated by Ing. Daniela Maťuchová - ProVitalis.
15.2 We are registered in the Trade Register of the Slovak Republic under the identification number (IČO) 47654112
15.3 Our principal place of business is at Šalgótarjánska 3987/12, 97404 Banská Bystrica.
15.4 You can contact us:
(a) by post, using the postal address given above;
(b) by email, using the email address firstname.lastname@example.org .
Last update: 04/10/2021