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Private psychological counselling team Mojra.info
These terms and conditions apply to the purchase of psychological counselling services in the online store www.Mojra.info. The operator of the online store www.Mojra.info is Psychological Online Counselling MOJRA s.r.o. based at Na Návsi 1537/109a, 747 14 Ludgeřovice, CRB: 096 26 972. The product provider of email consultations, consultation packages and gift vouchers is Online psychologická pomoc s.r.o based at Na Návsi 1537/109a, 747 14 Ludgeřovice, CRB: 177 30 805.
1.1. These terms and conditions (hereinafter terms and conditions) of the operator Psychological Online Counselling MOJRA s.r.o. with registered office (hereinafter operator) are further regulated in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the Civil Code) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of psychological counselling (hereinafter referred to as contract for the provision of psychological counselling) concluded between the provider and another natural person (hereinafter referred to as client) through the provider's online store. The online store is operated by the provider on the website located at www.Mojra.info (hereinafter referred to as website) through the web interface (hereinafter referred to as the web interface).
1.2. The terms and conditions do not apply to cases where the person who intends to enter into a contract for the provision of psychological counselling is a legal entity or a person acting in the course of his business or in the course of his independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the contract for the provision of psychological counselling. Deviating arrangements take precedence over the provisions of the terms and conditions.
1.4. The provision of terms and conditions is an integral part of the contract for the provision of psychological counselling. The contract for the provision of psychological counselling and terms and conditions are drawn up in the Czech language. Contracts for the provision of psychological counselling can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the provider. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.1 Based on the client's registration made on the website, the client can access its user interface. From its user interface, the client can order services (hereinafter referred to as user account).
2.2 When registering on the website Mojra.info and when ordering services, the client is obliged to state all data correctly and truthfully. The data provided by the client in the user account and when ordering services are considered correct by the provider. The client is obliged to update the data specified in the user account whenever they change.
2.3 Access to the user account is secured by a username and password. The client is obliged to maintain confidentiality regarding the information necessary to access to his/her user account.
2.4 The client is not entitled to allow the use of the user account to third parties.
2.5 The Provider may cancel the user account, especially if the client does not use his user account within a pre-agreed period, or if the client violates the obligations arising from the contract for the provision of psychological counselling (including terms and conditions).
2.6 The Client acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the provider's hardware and software equipment, or necessary maintenance of third party hardware and software.
3.1 All presentation of services placed on the web interface of the store is of an informative nature and the provider is not obliged to enter into a contract for the provision of psychological counselling regarding the services presented in this way. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2 The web interface of the store contains information about the services, including the prices of individual services. The web interface of the store also contains information on how the services are implemented.
3.3 To order the service, the client fills in the order form on the web interface of the store. The order form contains particular information about:
3.3.1 ordered service (the client marks the ordered service and selects from the offered ones)
3.3.2 the method of payment of the service price,
3.3.3 information on how to implement the service.
3.4 If you order a transferable gift voucher, its validity is 4 months. The conditions for applying and using a gift voucher are available on the provider's web interface.
3.5 In the case of ordering a discounted package of consultations, its validity is 5 months.
3.6 One email consultation may contain a maximum of 3,600 characters.
3.7 Before sending the order to the provider, the client is allowed to check and change the data that the client has entered in the order, even with regard to the client's ability to detect and correct errors made when entering data into the order. The client sends the order to the provider by clicking on the "SEND" button. The information provided in the order is considered correct by the provider. Immediately after receiving the order, the Provider will confirm this receipt to the client by e-mail, to the client's e-mail address specified in the user interface or in the order (hereinafter referred to as the client's e-mail address).
3.8 The contractual relationship between the provider and the client arises from the delivery of the acceptance of the order (acceptance), which is sent by the provider to the client by e-mail, to the client's e-mail address. After this, it is no longer possible to change the ordered service in terms of the length of the consultation.
3.9 The client agrees to the use of remote means of communication such as Skype, WhatsApp and Viber when concluding a contract for the provision of psychological counselling. The costs incurred by the client in the use of means of distance communication in connection with the conclusion of a contract for the provision of psychological counselling (costs of internet connection, costs of telephone calls) shall be borne by the client himself/herself, and these costs do not differ from the basic rate.
4.1 The prices of services are listed in the price list on the provider's web interface. Prices of services are listed including value added tax and all related fees. The prices of the services remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility for the provider to enter into a contract for the provision of psychological counselling under individually agreed conditions.
4.2 The client can pay the price of the service to the provider in the following ways:
4.3 Services under the Psychological Counselling Agreement will not be provided until the full price of the service has been paid.
4.4 In the case of non-cash payment, the price of the service is payable within two days of concluding the contract for the provision of psychological counselling.
4.5 In the case of non-cash payment, the client's obligation to pay the price of the service is fulfilled when the relevant amount is credited to the provider's account.
4.6 Any discounts on the price of services provided by the provider cannot be combined with each other.
4.7 In the case of sending a printed gift voucher to the client's postal address, the provider will charge a postage fee of CZK 23. The price of postage may vary depending on the current price list of the Czech Post.
4.8 In the case of a written report/confirmation of the consultation, the client will be charged a one-off fee of CZK 1000 (confirmation in Czech, Slovak language) or CZK 2000 (confirmation in English language).
5.1 The client acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the contract for the supply of services, which was modified according to the client's wishes or for his/her person.
5.2 If it is not a case mentioned in the previous paragraph or another case where it is not possible to withdraw from the contract, the client has the right to withdraw from the contract within 14 days from the date of concluding the contract on psychological counselling. Withdrawal from the contract must be sent to the provider within the period specified in the previous sentence. Withdrawal from the contract can be sent by the client to the e-mail address of the provider support@mojra.info.
5.3 To withdraw from the contract, the client can use the sample form, which is included as an annex to the terms and conditions. In the event of withdrawal from the contract pursuant to the previous paragraph of the terms and conditions, the contract is cancelled from the beginning. With regard to the nature of the service provided, which consists in preparing the provider for the service even a few days before the actual provision of psychological counselling, the client is obliged to pay 50% of the agreed price of the service less than 48 hours before the service begins.
5.4 In the event of withdrawal from the contract pursuant to the previous paragraph of the terms and conditions, the provider will return the funds received from the client within fourteen (14) days of withdrawal from the contract by the client, in the same way as the provider received from the client.
5.5 With regard to the nature of the service provided, which consists in preparing the provider for the service even a few days before the actual provision of psychological counselling, the client is obliged to pay the provider 100% of the agreed price of the service in case of withdrawal. This also applies to the drawing of the company's benefit points, with which the provider has concluded valid contracts. Points will not be returned. The above applies even if the client orders the service on the day the service is to be provided.
5.6 In the event that the client does not want to withdraw from the contract, but will only want to change the date of psychological counselling more than 24 hours before the start of the service, the service provider will allow this in his/her user account. Changing the date of the event is possible only once.
5.7 Until the client takes over the service, the provider is entitled to withdraw from the contract at any time. In such a case, the provider will return the amount paid to the client in full without undue delay, in the same way as the provider received it from the client.
6.1 The provider of the online psychological counselling service provides the client with this service through online means of distance communication such as Skype, WhatsApp and Viber.
6.2 After booking an appointment in the provider's calendar, the client will immediately receive the following information from the provider to his email address:
6.2.1 confirmation of the date of the online psychological consultation,
6.2.2 Skype name of the psychologist who will provide the service to the client,
6.2.3 unique client code.
6.3 Within and according to the terms and conditions of the service agreed, the client is obliged to add the psychologist to his Skype contacts (according to his Skype name sent to the client's email address), who will be the provider of online psychological counselling.
6.4 The client is also obliged to send a unique code to this Skype name in the chat line, which he/she received from the service provider to his e-mail address.
6.5 After this unique code is checked by the client service provider, the client service provider will initiate a call via Skype.
6.6 The moment of starting the call between the client and the provider is the moment of starting the provision of the service. From this moment, the duration of the ordered service by the client is calculated.
6.7 In the event that the connection is interrupted due to an internet connection failure or an error in the Skype, WhatsApp and Viber programs on the part of the client or provider, the service must be provided in another way by contacting the telephone number specified by the client in the service order.
6.8 In the event that for reasons arising on the part of the provider it is necessary to provide the service in a different way than specified in the order, the provider is obliged to pay costs associated with another mode of provision.
6.9 In the event that for reasons on the part of the client it is necessary to provide the service in a different way than stated in the order, the client is obliged to pay the costs associated with another method of provision.
6.10 In the event of a failure of the Internet connection or an error in the Skype, WhatsApp and Viber program, or the inability to make a telephone call on the part of the provider, the provider is obliged to offer the client an alternative date of service.
6.11 If the client chooses Skype as the method of consultation and does not provide his Skype name by the date of the consultation, the psychologist will contact him at his/her contact telephone number and the consultation will take place by telephone.
6.12 If the client refuses an alternative date for the service, the provider will not refund the money for providing the service.
6.13 Upon receipt of the service, the client is obliged to check the correctness of the service and in case of any defects immediately notify the provider.
6.14 If the client is visibly under the influence of alcohol or other drugs during the consultation, the psychologist has the right to terminate the consultation. The psychologist can also end the consultation if the client is behaving vulgarly and aggressively. In this case, the client does not have any possibility of compensation, so it is not possible to postpone the date of the consultation and a refund is not provided.
6.14 If the client is visibly under the influence of alcohol or other drugs during the consultation, the psychologist has the right to terminate the consultation. The psychologist can also end the consultation if the client is behaving vulgarly and aggressively. In this case, the client does not have any possibility of compensation, so it is not possible to postpone the date of the consultation and a refund is not provided.
7.1 The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925 2174 of the Civil Code).
7.2 The provider responds to the client that the service has no defects when provided. In particular, the provider is responsible to the client that at the time the service was provided:
7.2.1 the service has the characteristics agreed by the parties and, in the absence of an agreement, it has the characteristics described by the provider or which the client expected with regard to the nature of the service,
7.2.2 the service is suitable for the purpose stated by the provider for its use or for which a service of this type is usually used,
7.2.3 is a service of appropriate length,
7.2.4 the service complies with the requirements of legal regulations.
7.3 The client exercises the rights from the defective performance with the provider to the provider's e-mail address support@mojra.info.
8.1 The client acquires the right to the service by paying the full price of the service.
8.2 In relation to the client, the Provider is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, is responsible for the out-of-court settlement of consumer disputes, Internet address: http://www.coi.cz
8.4 The provider is entitled to sell the service on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5 The client hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
8.6 It is forbidden to record audio and video of the consultation without the permission of the psychologist. If the psychologist agrees to make an audio recording he needs to communicate this fact at the beginning of the recording. The acquisition of any record is possible exclusively for personal use and it is forbidden to further distribute this record in any way. Violation of this point will be legally enforced.
8.7 If the client gets a record of the consultation with the consent of the psychologist he / she arranges this technically himself / herself. Time where he prepares the recording technique during the consultation is calculated until the time of the consultation and it is not possible to request an extension of the consultation by this time.
8.8 If the client requests a written or personal statement to the court, this is only possible with the psychologist's prior consent. The client pays all travel costs and the time the psychologist spends in court.
9.1 The protection of personal data of a client who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2 The Client agrees to the processing of the following personal data: name and surname, date of birth, identification number, e-mail address, telephone number and contact on Skype, WhatsApp and Viber (hereinafter collectively referred to as personal data).
9.3 The client agrees to the processing of personal data by the provider, for the purposes of exercising the rights and obligations under the contract for the provision of psychological counselling and for the purposes of maintaining a user account. Unless the client chooses another option, he/she agrees to the processing of personal data by the provider also for the purpose of sending information and business messages to the client. Consent to the processing of personal data in full according to this article is not a condition that would in itself prevent the conclusion of a contract for the provision of psychological counselling.
9.4 The Client acknowledges that he/she is obliged to state his personal data (during registration, in his user account, when ordering from the provider's web interface) correctly and truthfully and that he/she is obliged to inform the provider without undue delay of any change in his/her personal data.
9.5 The provider may authorize a third party to process the client's personal data as a processor. Personal data will not be transferred to third parties without the prior consent of the client.
9.6 Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7 The client confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.
9.8 In the event that the client believes that the provider or processor (Article 9.5) performs the processing of his/her personal data, which is contrary to the protection of private and personal life of the client or contrary to law, especially if personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1 ask the provider or processor for an explanation,
9.8.2 require the provider or processor to remedy the situation thus created.
9.9 If the client requests information about the processing of his/her personal data, the provider is obliged to provide this information. The Provider has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10.1 The client agrees to the sending of information related to the goods, services or business of the provider to the electronic address of the client and further agrees to the sending of commercial communications of the provider to the electronic address of the client.
10.2 The client agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfil the provider's obligations under the contract for the provision of psychological counselling without storing so-called cookies on the client's computer, the client may revoke the consent under the previous sentence at any time.
11.1 It can be delivered to the client's e-mail address specified in his/her user account or specified by the client in the order.
12.1 If the relationship based on the contract for the provision of psychological counselling contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 The contract for the provision of psychological counselling, including terms and conditions, is archived by the provider in electronic form and is not accessible.
12.4 Provider's contact details:
05.01.2023, Ludgeřovice
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