T&C Addendum for consumers

TERMS OF SERVICE

ADDENDUM FOR CONSUMERS

GENERAL PROVISIONS AND INSTRUCTIONS
- In case you are a consumer, i.e., a person purchasing the Service outside the scope of your business activity, then in addition to the terms of service: https://whomlab.com/terms-of-service/, the provisions of this addendum shall apply with precedence over the body of the terms of service. The addendum is effective on the date of the order and forms an integral part of the Agreement. If any part of the addendum contradicts what we have mutually agreed as part of your order process on the Website, App, or within the written order, that particular agreement will prevail over this addendum. Where this addendum uses the word “Terms”, this includes the Terms of Service and the provisions of this addendum.
- This addendum is effective from 15 May 2023.
CONCLUSION OF THE AGREEMENT
- When you order the Service, it is your responsibility to provide Us with all information correctly and truthfully. We will consider the information you have provided to Us to be correct and true.
- Agreement is concluded remotely via the Website, the App, or e-mail communication, which allows us to agree with each other without the simultaneous physical presence.
- You shall bear the costs of using means of distance communication. However, these costs are no different from the basic rate you pay for the use of these means (i.e., in particular for access to the Internet), so you do not need to expect any additional costs charged by Us over and above the price.
- In order to conclude the Agreement, you shall create a proposal of the order. This proposal shall include the information about the ordered Services, the price, and Your identification data for billing. By placing the order, you confirm that the information provided in the order is correct and that you have read and agree with these terms. You also agree to the use of means of distant communication.
- Any order placed by you is binding for you, meaning that if we accept the order, you are obliged to pay the agreed price.
- We expressly rule out the possibility of you accepting any order proposal made by Us with any modifications or amendments from your side. Any modifications or amendments from Your side must be confirmed by Us.
- When we confirm the order, the Agreement is concluded. We may also conclude the Agreement by e-mail, by signing the written order, which will contain in particular the specification of the Service, the price of the Service, and the date of the Service. In addition, you may conclude the Agreement by registering and creating a user account for the Premium version of the App. In such a case, confirmation of the Agreement conclusion and details of your approval to commence the performance of the Agreement before the expiry of the withdrawal period will be sent to you after the conclusion of the Agreement by electronic means. The agreement may be concluded only in English.
- In the case that an obviously incorrect price is stated on the Website or the App, We are not obliged to provide the Service to you at that price even if you have received confirmation of the order and therefore the Agreement has been concluded. In such a situation, We will contact you immediately and send you an offer to enter into a new Agreement in an amended form compared to the previous price. In such a case, the new Agreement will be concluded at the moment you confirm Our offer. In the case that you do not confirm Our offer even within 3 days of sending it, We are entitled to withdraw from the concluded Agreement. An obvious error in the price is, for example, if the price does not correspond to the usual price of other providers or if a digit is excessing or missing.
- There may also be occasions when We are unable to provide you with the Service, for example, because it is not available or because it has been fully booked. If there is any reason why We are unable to provide the Service, We will contact you and make you an offer to amend the Agreement or withdraw from the Agreement. If you do not respond to the offer to amend the Agreement within 5 days of receiving it, you agree to the amendment. In this case, the Agreement shall be concluded in the wording of the proposed amendments. However, if you do not agree to the amendment, you may withdraw from the Agreement in accordance with Section 4.2.
RIGHTS FROM DEFECTIVE PERFORMANCE
- If any defect occurs during the use of the free services of the App, please report it to Us by email sent to the contact address [email protected]. However, if We provide the Service to you free of charge, We cannot promise you anything more than Our “best efforts” in relation to their proper functioning. This means that We provide and you accept the free service “as is” and “as available”. We make no representations or warranties, express or implied, to you in connection therewith, and We hereby disclaim all implied warranties and liability, including implied warranties of fitness of the free Service for a particular purpose.
- When it comes to the paid Service, We guarantee that the Service is free from defects, which means that it:
  1. has the characteristics that We have agreed with you and, if not expressly agreed, then those that We have stated in the description of the Service or that can be expected in view of the nature of the Service,
  2. is suitable for the purposes We have stated or for purposes that are usual for Services of this type, and
  3. corresponds to the quality or performance of the demonstration if the quality or performance has been established by the demonstration.
- Rights and obligations regarding the rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll.). In the event that the Service is defective, i.e., in particular, if any of the conditions pursuant to conditions set out in Section 3.2 are not fulfilled, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Service) by sending a written complaint to Our e-mail address or a letter to Our address as stated in Our identification details. You may also use the sample form provided by Us for making a complaint, which is attached as Annex 1 to this Information. When exercising your right under defective performance, you shall choose how you wish to resolve the defect and you cannot subsequently change this choice, except in accordance with these Terms. We will settle the complaint in accordance with your defective performance right.
- If the Service is defective, you have the following rights:
  1. to remedy the defect by providing a new Service or its part without defect, or by providing the missing Service or its part,
  2. to remedy the defect by correcting the Service or its part,unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which will be assessed having regard in particular to the significance of the defect, the value of the Service without the defect, and whether the defect can be remedied by the other method without significant difficulty to you.

You are also entitled to a reasonable discount on the price or to withdraw from the Agreement if we refuse to remedy the defect or fail to remedy it in accordance with the law; the defect is repeated; the defect is a material breach of the Agreement; or it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
The right to withdraw from the Agreement does not apply if the defect is insignificant.
If you have caused the defect in the Service yourself, you do not have any rights under the defective performance.
When you make a complaint, We will issue a written confirmation stating:
1. the date on which you made the complaint.
2. what is the content of the complaint.
3. what method of complaint handling you require.
4. your contact details for the purpose of providing information about the handling of the complaint.
Unless we agree to a longer period, We will rectify the defects within 30 days of receipt of the complaint and provide you with information about the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Agreement or complaint a reasonable discount.
We will inform you by e-mail about the settlement of the complaint and issue you a confirmation of the date and manner of resolution of the complaint. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, e.g., by receipts.
You have the right to exercise defective performance rights in respect of a defect that occurs in the Service within two years of its provision.
The provisions regarding the right of defects shall not apply in the case of:
1. the Services which are provided at a lower Price to the defect for which the lower Price was agreed.
2. where this results from the character of the Service.

WITHDRAWAL FROM THE AGREEMENT
- Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and you from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
- You have the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement in accordance with the provisions of § 1829 of the Civil Code. You may withdraw from the Agreement in any provable way (in particular by sending an e-mail or a letter to Our address specified in Our identification data). You may also use the sample form provided by Us for withdrawal, which is attached as Annex 2 to these Terms.
- However, even as a consumer, You may not withdraw from the Agreement if the Service has been fully provided or if the Service has commenced with your prior express consent before the expiry of the withdrawal period since We informed you that the provision of the performance shall terminate the right to withdraw from the Agreement in respect of the following completed parts.
- The withdrawal period under Section 4.2 of this Information shall be deemed to have been observed if, during the withdrawal period, you send Us notice that you are withdrawing from the Agreement.
- Unless otherwise provided in the Terms, in case of withdrawal from the Agreement under Section 4.2, the price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected for withdrawal from the Agreement. Please be aware that in certain cases our cancellation policy and cancellation fees may apply, in which case you will not be entitled to a full refund or any refund at all.
DIGITAL CONTENT AND SERVICES – SPECIAL PROVISIONS
- Notwithstanding the foregoing provisions, in the case of digital content or digital content services:
  1. if the defect manifests itself during the term of the Agreement, the burden shall be on Us to prove that the digital content or digital content services were provided without defect; this shall not apply if We prove that the defect was caused by inadequate technical or software equipment or network connections of the buyer necessary for their proper functioning (hereinafter referred to as the “Digital Environment“), although you were advised of the need for such equipment or software; you shall provide the necessary assistance to verify that the defect is due to the defective digital environment, and if you refuses to provide such assistance, We shall not be required to prove that the content or services were provided without defect;
  2. We shall also be liable for any defect caused by improper interfacing of the digital content or digital content service with the Digital Environment by or under the responsibility of Us or by you in accordance with instructions provided by Us.
  3. you may complain of a defect that becomes apparent or occurs in the digital content or digital service during the term of the commitment or, in the case of a one-off performance, within two years of making it available. You may notify Us of such defect and exercise your rights under the defective performance by sending a written complaint to Our e-mail address or a letter to Our address as stated in Our identification details. You may also use the sample form provided by Us for making a complaint, which is attached as Annex 1 to this Information.
  4. if the digital content or digital content service has a defect, you may demand that it be rectified, unless this is impossible or unreasonably costly.
  5. We shall remedy the defect within a reasonable time after the defect has been identified so as not to cause You significant inconvenience.
  6. you may demand a reasonable discount or withdraw from the Agreement if We have not remedied the defect within a reasonable time or it is apparent from Our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to You if the defect remains after remedy or if the defect is a material breach of Agreement.
  7. the reasonable discount under the preceding paragraph shall be determined as the difference between the value of the digital content or digital content service without defect and the defective digital content or digital content service provided to You; if the digital content or digital content service is to be provided for a certain period of time, the period of time for which it was provided defectively shall be taken into account; the discount shall also be due to You in the event of withdrawal from the Agreement;
  8. you cannot withdraw from the Agreement if the defect in the digital content or digital content service is insignificant.
  9. any sums of money which We have to return to You on account of defective performance shall be returned by Us at Our own expense without undue delay, but at the latest within 14 days of the date of your exercise of the right on account of defective performance, in the same way, as the remuneration was paid by you unless We expressly agree otherwise and no further costs are incurred.
- Notwithstanding the foregoing provisions, in the case of digital content or digital content services:
  1. If We are in default in making the digital content or digital content services available, you may withdraw from the Agreement, provided that We fail to perform Our obligation without undue delay after being called upon to perform them by you or within an additional period agreed by us, or without an additional period of time, if it is clear from Our statement or the circumstances that We will not provide the digital content or digital content services, or if at the same time it is clear from our agreement or the circumstances that performance within the specified time is necessary;
  2. if you withdraw from the Agreement, We may prevent further use of the digital content or digital content services, in particular by making them unavailable and You shall refrain from using the digital content, including providing it to a third party.
- Website and information provided within the App also contain information on the functionality of digital content or service, including technical protection measures, as well as information on the functioning of such digital content or digital content services together with the technical and software equipment (compatibility and interoperability) known to Us.
- We may require you to enter into a license agreement before beginning to provide the content. In the event that you refuse to enter into such an agreement, We have the right to withdraw from the Agreement.
- You request the commencement of the performance of the Agreement immediately after its conclusion within the withdrawal period. You acknowledge and agree that you will not have the right to withdraw from the Agreement in relation to the performances already provided in full or, in the case of partial provision, you are not entitled to a refund of a proportionate part of the agreed price for the performance provided up to the time of withdrawal. In addition, cancellation policies agreed in the Terms of Service shall apply.
- Unless otherwise specified for a particular digital content or digital service, We do not provide updates to the content or the service. If such updates are provided, you shall make such updates within a reasonable time, otherwise, you shall have no rights under the defect resulting from the failure to make such updates.
- We shall not be liable for the suitability of the digital content or digital services for the usual purpose, for the compliance of the content with the usual characteristics, for the supply of accessories and instructions for use, or for compliance with a trial version or preview within the meaning of Section 2389i (2) of the Civil Code, if We have specifically warned you of the difference in this characteristic before the conclusion of the Agreement and you have expressly agreed to this when concluding the Agreement.
- We shall be entitled to modify the digital content or digital services in order to maintain the functionality of such content and for its further development.
CONSUMER DISPUTE RESOLUTION
- We are not obliged to any codes of conduct with respect to you within the meaning of Section 1820(1)(n) of the Civil Code.
- We handle complaints of you as a consumer, via the electronic address [email protected]. We will send you information about handling your complaint to your e-mail address.
- Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 110 00 Prague 1, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between Us and you, arising from the Agreement concluded by electronic means.
- European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation No. 524/2013 of the European Parliament and of the Council of EU 21 of May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer).
FINAL PROVISIONS
- If our legal relationship with You has an international element (e.g., We will provide Courses outside the Czech Republic), the relationship will always be regulated by the law of the Czech Republic. However, if You are a consumer, your rights under the law are not affected by this Agreement.
- Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, you will always receive the Terms and the Service Order (eventual confirmation of the Order with a summary of the Order) by e-mail and you will therefore always have access to the Agreement without Our involvement. We recommend that you always save the Service Order (confirmation of the Order) and the Terms.

ANNEX 1 – COMPLAINT FORM

Addressee: WhomLab s.r.o., ID No.: 08841977, with its registered office at SNP 2349/13, Ústí nad Labem-centrum, 400 11 Ústí nad Labem, registered in the Commercial Register under No. C 44648, maintained by the Regional Court in Ústí nad Labem.

Exercising a complaint

Date of the Agreement conclusion:
Name and surname:
Address:
E-mail address:
The course that is being complained about:
Description of the Course defects:
Suggested method for dealing with the complaint, including, where applicable, the bank account number for the discount:

At the same time, I ask for a confirmation of the complaint stating when I exercised this right, what is the content of the complaint together with my complaint including the date and method of handling the complaint.

Date:

Signature:

ANNEX 2 – WITHDRAWAL FORM

I hereby declare that I withdraw from the Agreement:

Date of the Agreement conclusion:
Name and surname:
Address:
E-mail address:
Specification of the purchased Services:
Reason for withdrawal:
The method for reimbursement of the funds received, including, where applicable, the bank account number:

Date:

Signature: