Slovak version of General Terms and Conditions / Slovenská verzia Všeobecné obchodné podmienky
General Terms and Conditions
Effective date: March 1st, 2025
Article I
Recitals
- These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued by JUDr. Mgr. Eva Lelkesová, with its registered office at Drieňová 25, 821 03 Bratislava, Slovak Republic, Company ID No.: 54388406, entry in the Trade Register maintained by the Bratislava District Office No. 110-310183, VAT No.: 1082929078, e-mail contact: [email protected], telephone contact: +421 914 775 626 (hereinafter referred to as the "Provider").
- As part of her business activities, the provider is dedicated to mentoring and coaching women with a focus on their empowerment, especially on balancing the feminine-masculine energy in their lives with the benefits resulting from it. The Provider offers cooperation for clients consisting of mentoring programs (hereinafter referred to as the "Program" or "Programs").
- These Terms and Conditions govern the terms and conditions of concluding a contract between the Provider and the Client when providing a specific Program.
- According to these Terms and Conditions, the Client is a person who orders the Program and accepts these Terms and Conditions by confirmation, which consists of notifying the Provider by e-mail that she is interested in cooperating with her and paying the specified price for the Program or confirming her consent to cooperation and the Terms and Conditions before proceeding with the payment of the price for the Program or its part through the payment gateway (hereinafter referred to as the "Client").
Article II
Specification of programs
- Currently, the Provider offers the following Programs: Femme Fatale, Break Free, and Love and Lead. The list of Programs may be changed at the discretion of the Provider. More information about a specific Program is provided on the evalelkes.com website (hereinafter referred to as the "Website") or on its profiles on social networks Facebook, Instagram, LinkedIn. At the same time, the Client may obtain more detailed information about a specific Program during the initial non-binding discovery call with the Provider or from the information provided in the initial e-mail message from the Provider.
- The Femme Fatale program consists mainly of online modules, namely educational videos, meditation recordings and workbooks located in a private zone, on the so-called learning portal on the Website, to which the Client logs in based on the login data generated by the Provider. In the case of other Programs, the Provider sends the Client a workbook for the given Program via e-mail. All Programs also include online private consultations between the Client and the Provider.
- The specific length of the Program is determined according to the needs of the Client and depends on the number of modules in the Program and on the intensity of online meetings between the Client and the Provider. Online meetings take place at intervals of at least two weeks, but the pace takes into account the needs of the Client. In the case of the Femme Fatale Program, each online module is made available within two weeks of the last one being made available.
- Consultations during the use of the Program take place in the form of an online meeting via a platform designated by the Provider. The date of the consultation is agreed between the Provider and the Client via e-mail, phone call, using communication platforms on social networks, or at the end of their previous online consultation.
- The duration of a specific consultation is specified in the description of the Program. In the event of a delay of the Client to the agreed date of the consultation, the set time of the consultation will be met and will therefore end at a predetermined time. In the event of a delay by the Provider, the length of the consultation will be observed in its entirety, either during the consultation in question or at a later agreed date.
- Any change or cancellation of the date of the consultation based on the Client's request can be made in agreement with the Provider no later than 24 hours before the scheduled date of the consultation. Cancellation or request to change the date of the consultation after this period, as well as the Client's failure to appear on the agreed date for other than proven health reasons or other serious reasons may be charged by the Provider over the scope of the Program price. The Provider may also request a change or cancellation of the date of the consultation. The new date of the consultation after its cancellation or request for change will be determined according to the Provider's workload.
- The Provider also allows Clients to purchase separate workbooks, or to purchase a workbook together with an individual consultation with the Provider. The Client is informed about the current offer of workbooks and their price via the Provider's social media platforms.
Article III.
Contractual relationship between the Provider and the Client
- If the Client is a consumer, the contract between the Client and the Provider is concluded in accordance with Section 612 of Act No. 40/1964 Coll., the Civil Code, as amended, at the same time governed by the provisions of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Other Legal Regulations, as amended.
- If the Client is not a consumer, the Contract is concluded pursuant to Section 269 (2) of Act No. 513/1991 Coll., the Commercial Code, as amended, and the Client does not have the right to withdraw from the Contract pursuant to Article 5 of these Terms and Conditions.
- The subject of the contract is the Provider's obligation to deliver the Program to the Client and, in return, the Client's obligation to pay the price for the Program, under the conditions specified in these Terms and Conditions (hereinafter referred to as the "Contract"). At the same time, the Client undertakes to properly prepare and devote himself to the tasks in the Program so that the continuity of the provision of services under the Program is not jeopardized, in particular by dealing with tasks and topics in individual modules and will be ready for consultation with the Provider.
- The Contract between the Provider and the Client is concluded under the following conditions: (i) The Client becomes acquainted with the content of the Program on the Website or on the Provider´s profile on the social network, or from the information about the Program provided in an e-mail message or in the first non-binding discovery call with the Provider. This information always includes information about the price of the Program. (ii) In case of interest, the Client may confirm her order for the Program for the specified amount via e-mail. Confirmation means consent to the content of the Program, its price and these Terms and Conditions. (iii) Upon delivery of the Client's confirmation e-mail message to the Provider, the contract is deemed to have been concluded.
- The date of the first consultation is agreed by the Provider and the Client after the conclusion of the contract and the consultation itself is carried out only after the payment of the price for the specific Program – unless otherwise agreed. In the case of the Femme Fatale Program, the Client will gain access to the private, learning portal part of the Website, where the online modules are located, only after paying the first part of the purchase price, when the Provider will send her an email with login details to this member section of the Website.
- If any module of the Program requires deeper processing on the side of the Client, the Provider may offer an additional online consultation to the Client under the conditions agreed upon during their meeting. After passing this additional meeting, the Program continues.
- The Contract is concluded for a definite period of time, which expires at the moment of providing the last consultation and/or making available the last digital content by the Provider, whichever occurs later.
- The online modules in the private, Femme Fatale Program´s learning portal part of the Website and the workbooks of all other Programs remain available to the Client even after the end of the Program.
Article IV.
Payment terms
- If the Client orders the Program, she is obliged to pay the price for the Program determined by the Provider. The price for the Service is final (i.e. total) and includes any and all costs of the Provider necessary for the delivery of the Program. The Provider is not a VAT payer.
- The Provider may decide to provide the Client with a discount on the price of the Program at its own discretion. In such a case, the Client is obliged to pay a reduced price determined by the Provider.
- In the event that the Client requests payment of the price of the Program in installments, the Provider is entitled to determine the number of installments and their individual amount, while the Provider may increase the price of the Program. In the event that the Client agrees with the proposal of the repayment schedule, the Client is obliged to pay the increased price of the Program determined by the Provider in the specified installments. The Client shall pay the price for the Program by wire transfer to the account designated by the Provider or by bank card payment via the payment portal on the Website. In the event that it is possible to pay the price for the Program or parts thereof through the payment gateway, the Client confirms her consent to the order and these Terms and Conditions before making such payment.
- The Provider shall send the invoice for the Program to the Client in electronic form to the Client's e-mail address unless the payment is realized via the payment portal of the Website. The invoice is due fifteen (15) days from the date of delivery of the invoice to the Client by email. The day of payment means the crediting of the price for the Program to the Provider's account.
- Any invoice issued under these Terms must comply with applicable law. In the event that the invoice does not meet the given requirements, the Client is entitled to return the invoice to the Provider for correction and the Provider is obliged to correct the invoice, while the invoice due date does not expire during this period. In the event of the Client's delay in paying the invoice within the agreed due date, the Provider has the right to demand from the Client the payment of default interest in the amount stipulated by a generally binding legal regulation in force on the first day of the delay.
Article V.
Withdrawal from the Contract
- The Client, who is a consumer, has the right to withdraw from the Contract within fourteen (14) days from the date of concluding the Contract without giving a reason, by sending a notice of withdrawal from the Contract to the Provider's contact email or by post to the address of the Provider's registered office. The withdrawal form is attached as Appendix No. 1 to these Terms and Conditions.
- The Provider is entitled to withdraw from the Contract during its term if the Client does not cooperate with her during the Program despite her invitation so that the services in the Program can be properly provided to the Client. In particular, the Client's failure to provide cooperation is considered to be the fact that the Client does not perform the tasks provided by the Provider, does not go through the online modules, and participates in consultations unprepared.
- By withdrawing from the Contract, the Contract is canceled from the beginning and the Contracting Parties are obliged to return to each other everything they have received according to it. In the event of withdrawal from the Contract by the Client, the Provider is obliged, within fourteen (14) days from the date of delivery of the notice of withdrawal from the Contract, to return all payments already paid for the Program to the Client in the same way as the Client used for his/her payment, unless the Contracting Parties agree otherwise.
Article VI.
License for Copyright Works
- The Client acknowledges that the content of the Program, in particular the uploaded online modules, educational videos, meditations, workbooks, are considered to be separate copyrighted works pursuant to Act No. 185/2015 Coll., the Copyright Act, as amended (hereinafter referred to as the "Copyright Works"), the Author of which is the Provider.
- The Client may use these Copyrighted Works, whether in part or as a whole, only for their personal use and without interfering with them in any way, changing them, combining them with other works.
- The Client is not entitled to grant a sublicense to a third party to use any Copyrighted Work that is part of the Program, the Client may not publish the Program or any part thereof and/or distribute it in any way, in whole or in part, to the public.
- All rights to the Website and its content with social networks belong to the Provider. Without the prior written consent of the Provider, it is prohibited to copy, distribute, use for commercial purposes, or pass them off as your own.
Article VII.
Provider's liability
- The Provider is responsible for defects that her Program had at the time of its disclosure to the Client.
- The Provider draws the attention of the Client that subjective dissatisfaction and failure to meet the Client's expectations are not considered to be incorrect or defective fulfillment of services in the Program.
- The Provider also draws the Client's attention to the fact that the Programs serve exclusively for the Client's informative and educational purposes and are not any substitute for health care or other professional assistance. The information provided is not intended for the diagnosis or treatment of diseases and is in no way a substitute for consultation with a doctor, including a psychologist and psychotherapist. Professional information provided during the Services is provided with the utmost care of the Provider, who obtains it from published professional literature, mentoring programs, knowledge of classical Chinese medicine, "Mindfulness Based Stress Reduction" and Tantra. The decision to follow the information regarding further direction is solely at the Client's own decision.
- Access to the private area of the Website, playback of individual online modules and meditations, and use of the online platform for consultation are normally compatible and interoperable with commonly used hardware and software, therefore, to the Provider's knowledge, they are functional without the need for intervention and modification of the Client's computer equipment.
- The Client is obliged to notify the Provider of the defect no later than two months after its discovery, by sending a notification of the existence of the defect together with a description of the defect by the Provider by e-mail or post. In the notification, the Client shall state whether she wants the Provider to remove the defect or requests a reasonable discount from the price of the Program, or whether she is interested in withdrawing from the contract.
- The Provider shall confirm to the Client the receipt of her notification of defects. In the event that the Client requests the removal of the defect, the Provider shall also specify the deadline by which the defect will be removed free of charge, unless there are disproportionate costs associated with the removal of the defect. The deadline may not be longer than 30 days from the date on which the defect was complained of.
- The Client has the right to a reasonable discount on the price of the Program or to withdraw from the contract if:
a) The Provider has not remedied the defect and/or has refused to remove it and/or has declared that it will not remove the defect within a reasonable period of time;
b) The filling has the same defect despite the repair;
c) The defect is of such a serious nature that it justifies an immediate price discount or withdrawal from the contract. - The discount on the price of the Program must be proportionate to the difference between the value of the defective performance and the value that the item would have had if it were free of defects.
- The Client is not entitled to withdraw from the contract if she participated in the occurrence of the defect or if the defect is negligible.
- Upon withdrawal from the contract, the Provider shall return to the Client the part of the Program price to which the withdrawal relates no later than 14 days from the date of termination of cooperation.
- If the Client – consumer is not satisfied with the manner in which the Provider handled her complaint or if she believes that the Provider has violated her rights, she has the right to contact the Provider with a request for redress via email. If the Provider responds to the request for redress in the negative or fails to respond to it within 30 calendar days from the date of its delivery, the Client – Consumer has the right to file a motion to initiate an alternative solution to their dispute. The competent entity for alternative dispute resolution of consumer disputes with the Provider is the Slovak Trade Inspection (soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Justice of the Slovak Republic. If several alternative dispute resolution entities are competent for alternative dispute resolution, the Client – consumer has the right to choose the entity. At the same time, the client – consumer can file a proposal for an alternative solution to their dispute using the online platform available on http://ec.europa.eu/consumers/odr/. Alternative dispute resolution does not apply to disputes if the quantifiable value of the dispute does not exceed the amount of EUR 20.
Article VIII.
Final provisions
- These Terms and Conditions are valid and effective from 1.3.2025.
- The Provider reserves the right to change the Terms and Conditions. The amendment of the Terms and Conditions is thus effective against the Client on the date of publication of the Terms and Conditions on the Website.
- Any communication of the parties related to these Terms and Conditions will be delivered in writing to the address of the contracting party or by email. The Contracting Parties are obliged to notify each other without delay of a change in the postal or electronic address for the service of documents.
- If any provision of the Terms and Conditions is found to be invalid or unenforceable, the remaining provisions of the Terms shall continue to be binding in full force and effect. In the event of such unenforceability or invalidity of a provision of the Terms and Conditions, the Provider undertakes to replace the provision with another provision that reflects the purpose of these Terms and Conditions to the greatest extent possible.
- The conditions and relationships arising from them are governed by the Slovak law, even if they contain an international element.
- Disputes between the Contracting Parties arising from these Terms and Conditions shall be decided by Slovak courts. The Provider's activities are subject to the supervision of the Slovak Trade Inspection Authority (soi.sk) in accordance with the regulations on consumer protection, SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P.O.BOX 5, 820 07 Bratislava.
In Bratislava, 1.3.2025
Appendix No. 1
MODEL WITHDRAWAL FORM FOR DISTANCE AND OFF-PREMISES CONTRACTS
(Fill in and send this form only if you wish to withdraw from a distance contract or a contract concluded outside the trader's premises.) –
Mgr. Eva Lelkesová, with its registered office at Drieňová 25, 821 03 Bratislava, Slovak Republic, ID No.: 54388406, entry in the Trade Register maintained by the Bratislava District Office No. 110-310183, Tax ID: 1082929078, e-mail contact: [email protected]
I hereby give notice that I withdraw from the contract for the supply or provision of this product:
..............
Date of order/date of receipt* ..............
Name and surname of the consumer ..............
Consumer's address.............. –
Consumer's signature (if this form is submitted in paper form) ..............
Date..............
* Inappropriate strikethrough