of business company
with registered office at Prague 13 - Stodulky, Petrzilkova 2583/13, Postal code 158 00, the Czech Republic, Identification No. 27593886, registered in the Commercial register kept by Municipal Court in Prague, Section C, file No. 117629
These General Terms and Conditions (hereinafter referred to as „GTC“
) govern the relationship between the business company Aviationexam s.r.o. (hereinafter referred to as "Seller"
) and customers of the Seller (hereinafter referred to as “Buyer”
“). The Buyer is obliged to get acquainted with this General Terms and Conditions and agree with them before ordering any goods from Buyer.
The GTC shall be applied to the entire AVIATIONEXAM.com website, to all of the services and products (things) offered and provided by Aviationexam s.r.o. (hereinafter referred to jointly as “goods”
For avoidance of doubt the Seller proclaims that goods shall mean for the purposes of the GTC and the contract also a service or a digital content supplied by the Seller to the Buyer (primarily through access to the Seller’s databases). By making the purchase of any goods, the Buyer agrees with these GTC.
The Seller shall acknowledge the receipt of the Buyer’s order without undue delay by means of an email message.
Information about goods and prices presented by the Seller is binding except for obvious errors. All displayed prices are final (including VAT where applicable). Other taxes, where applicable, such as import duties and the cost of delivery of goods, are not included in the prices.
The purchase contract may be entered into in English. The purchase contract (including GTC) is entered into at the time of receipt of the payment by the Seller from the Buyer.
The Seller is entitled to contact the Buyer prior to the shipment of his/her order. This includes problems with information received or not received from Buyer’s order (the Seller may require additional information) and any issues the Seller discovers related to information about goods, availability, or pricing. The Buyer may cancel the order, without penalty, prior to its shipping, for a full refund of the purchase price, less any bank charges incurred by the Seller.
Payment terms are within Seller’s sole discretion, and, unless otherwise agreed, payment must be made at the time of purchase. Payment may be made by credit card, wire transfer, or some other prearranged payment method. The Buyer is solely responsible for entering true, correct and full billing + contact details at the time of placing an order, especially with regard to the country of residency and the VAT status (VAT number if applicable) of the Buyer. The Seller does not require any fees depending on the payment method.
DELIVERY OF THE GOODS
In general, the Seller shall attempt to deliver the goods to the Buyer complete, within 15 working days as of the confirmation of the order, unless stated otherwise as to the respective goods and with regard to the shipping method selected by the Buyer. If the status of goods is "in stock", the Seller shall dispatch the goods within 2 working days. The Buyer shall accept the goods and pay for it. The Buyer shall check the goods immediately after the delivery of the goods. Digital content purchased by the Buyer shall be made available to the Buyer by the Seller immediately after the receipt of the payment.
If so requested by the Buyer , the Seller shall confirm in writing the extent and the duration of the Buyer’s claims from liability for defects and the manner in which the Buyer can exercise his/her rights following from the liability.
Shipping and handling fees are based on the size and weight of the order and the shipping method which the Buyer chooses for the delivery of the order. Delivery dates stated above (time required for delivery) are estimates only. The Seller shall not be responsible for delays in deliveries by a shipping carrier as it can not influence these factors. For international orders, the Buyer is responsible to pay all taxes, duties, and brokerage fees, which are in addition to shipping and handling charges applied to the order. The Buyer is solely responsible for correctly stating his/her VAT tax domicile for the purpose of VAT (Value Added Tax) application.
The Buyer may withdraw from the contract within 14 days from the takeover of goods or the last part of the delivery, regardless of the method of receipt of the goods or payment.
The Buyer may withdraw from the contract anytime before dispatch of the goods by the Seller.
The Buyer shall send or hand over the withdrawal from the contract to the Seller at latest within 14 days as of the takeover of the goods. The Buyer is not obliged to state the reason for the withdrawal from the contract. To facilitate communication, the Buyer shall state in the withdrawal from the contract the date of purchase or contract number/sales receipt, bank account and the method of returning the goods which the Buyer chose.
The Seller shall return to the Buyer the amount corresponding to the full price of the goods and paid cost of its delivery (hereinafter referred to as “the Respective Amount”
) within 14 days as of the date of delivery of withdrawal from the contract (hereinafter referred to as “Return period”
). The Respective Amount shall be returned in the same way as the Seller received the payment from the Buyer. If the Seller offered several options for certain delivery method, the Seller is obliged to reimburse only the cheapest one. The Buyer shall return the goods to the Seller at latest within the Return period as well. The goods shall be returned to the Seller complete, preferably in the original packaging and it shall not show signs of wear or damage. If the value of the goods was decreased through the handling or disposition of the goods by the Buyer in a manner which was not necessary with regards to the nature and features of the goods, the Seller is entitled to claim a compensation for the decrease of the value of the goods and set it off against the Respective Amount. The same rule shall be applied if the goods were damaged.
The cost of returning the goods shall be borne (in case of the withdrawal) by the Buyer. The Seller is not obliged to return to the Buyer the Respective Amount unless the Buyer already returned the goods to the Seller.
Exceptions: The right to withdraw from the contract shall not be applied to contracts for the supply of digital content if it is not supplied on a tangible medium and the delivery of the digital content takes place, at the Buyer’s express and informed previous request, before the end of the withdrawal period. The Seller proclaims that it supplies digital content only without tangible medium and the delivery of the digital content before the end of the withdrawal period can take place through AVIATIONEXAM.com
website only at the Buyer’s express and informed previous request. Therefore if the Buyer orders the supply of digital content through AVIATIONEXAM.com
website and the delivery of the digital content takes place before the end of the withdrawal period, the Buyer is not entitled to withdraw from the contract.
Online form for withdrawal from the contract is available here
The delivery of the form for withdrawal sent by the Buyer shall be acknowledged by the Seller without undue delay by means of an email message or in writing.
LIABILITY FOR DEFECTS
The Seller shall be responsible for the defects of the goods (e.g. if the goods do not have agreed or reasonably expected features, the goods are not complete, the quantity, measure, weight do not correspond with legal, contractual or pre-contractual conditions).
If a defect is regarded as fundamental breach of the contract (no matter if the defect is repairable or irreparable) the Buyer may notify the defect and require (according to his/her choice)
• removal of such defects by delivery of new goods without defects or by delivery of missing goods; or
• removal of such defects by their repair; or
• reasonable reduction of the purchase price, or
• refund of the purchase price on the basis of withdrawal from the contract.
The breach of contract is regarded as fundamental if the party in breach, while entering the contract, knew or should have known that the other party would not enter into the contract, if he/she would have anticipated the breach of the contract.
If a defect is regarded as non-fundamental breach of the contract (no matter if the defect is repairable or irreparable) the Buyer is entitled to require removal of the defect or reasonable reduction of the purchase price.
BUYER’S RIGHTS FROM LIABILITY FOR DEFECTS AND WARRANTY
The Seller is liable for defects occurred after takeover of the goods within 24 month warranty period or at the time of usability stated in advertising, on packaging or in the attached instructions.
The Buyer is entitled to assert claim following from the liability for defects upon the Seller at the latest within two years as of the takeover of the goods. The Buyer is entitled to require to have the defects repaired free of charge or to obtain reasonable reduction of the purchase price; if it is not inappropriate to the nature of the defects (especially if it is not possible to repair the defect without undue delay) the Buyer may require supply of new goods without defects or a new part without defects.
If removable defect occurs repeatedly after the repair (the third complaint for the same defect or the fourth complaint for the different defects) or if the goods have more defects (at least three defects at the same time), the Buyer is entitled to claim reasonable reduction of the purchase price or exchange (replacement) of the goods or he/she can withdraw from the contract.
In case the repair or replacement of the goods is not possible, the Buyer may require full refund of purchase price on the basis of withdrawal from the contract.
The Seller is not obliged to meet the Buyer's claim, if the Seller proves that the Buyer has known about the defects before takeover or the defects has been caused by the Buyer.
The Seller is not liable for defects which occur as a result of wear and tear or failure to follow the instructions.
The Buyer is obliged to send a notice of defects (complaint) to the Seller or to the person designated for repair without undue delay after detection of defects. By doing so in writing or electronically, the Buyer should state his/her contact information, description of the defect and the choice of claims under Section V. and VI. Online form is available here.
The Buyer is obliged to inform the Seller which claim he/she has chosen when he/she notifies the Seller of the defects or without undue delay after sending this notice. The change of asserted claim without the Seller’s consent is possible only if the Buyer required repair of the defect, which turned out to be irreparable.
If the claim following from the fundamental breach of contract is not chosen by the Buyer on time, the Buyer shall have only claims following from the non-fundamental breach of contract.
The Buyer shall prove the purchase of the goods (preferably by the receipt) upon notification of defects. The period for settling the complaint is running as of the date of delivery of the defective goods to the Seller (or to the place designated for repair). The goods shall be packed by the Buyer in such a manner as to preserve and protect the goods. The goods shall be clean and complete.
The Seller shall immediately, but not later than within three working days, decide on the complaint or as the case may be that it is necessary to make an expert opinion. The Seller shall notify the Buyer of necessity of the expert opinion. The Seller shall settle the complaint, including the removal of defects, without undue delay, at the latest within 30 days, unless agreed otherwise with the Buyer. The failure to fulfill this duty shall be regarded as fundamental breach of contract.
If the Seller refuses to remove the defect, the Buyer is entitled to require reasonable reduction of the purchase price or to withdraw from the contract.
The warranty period shall be prolonged by the period running as of the notification of defects (complaint) to its settlement (or until the time the Buyer was obliged to pick up the goods). If the goods or their parts are replaced by the new goods the liability for defects of the Seller shall be the same as in case of the new goods or their parts.
PRIVACY & SECURITY POLICY
The Personal Data We Collect
We request information from you at the registration at Aviationexam web page or apps, that may be used to personally identify you:
Your personal information such as your name and salutation.
Your contact information such as your telephone number, fax, addresses and email.
Your business information such as company name and associated contact and billing information.
Purpose for which the Personal Data are Collected and Used
The Seller may use the Personal Data you provided for following purposes:
For your use of the service available at our websites and/or through our applications.
For the supply of any products and/or services which we may offer to you or you may require from us.
For marketing, promotional and customer relationship management purposes, such as sending you responses or newsletters if required by you.
For identification and verification purposes in connection with any of the services or products that may be supplied to you.
To disclose to a third party to comply with any law, legal requirements, orders, directions or requests from any court, authority or government body of any jurisdiction.
Personal Data Security
The Seller recognizes the importance of protecting Buyer’s privacy. Any registration, personal, or other information Buyer shares with the Seller is securely managed and safeguarded.
To maintain the accuracy of the Personal Data, as well as to prevent unauthorised access and ensure the correct use of Personal Data, the Seller has implemented appropriate physical, technical, and administrative measures to safeguard and secure the Personal Data we collect.
For example, the Seller uses Secure Socket Layer (SSL) protocol—an industry standard for encryption over the Internet—to protect in transmission the Personal Data collected online. All electronic Personal Data that Seller maintains is securely stored and further protected through our use of appropriate access controls.
Disclosure and Transfer of Personal Data
No personal financial information (for example credit card numbers) are in any way handled or stored by the Seller (the Seller do not come into contact with Buyer’s credit card information - all payments made through eShop are processed directly by contractual banks, not by the Seller).
None of the above mentioned information is provided to other parties unless below cases.
Where permitted by applicable local law, the Seller may disclose Buyer's Personal Data to third parties in following cases:
REGISTRATION & PASSWORD SHARING
- when required by law, by court order, or in response to a search warrant or other legally valid inquiry;
- to an investigative body;
- to enforce Seller's agreements with the Buyer;
- when requested by other government or law enforcement authorities (such as immigration and customs control and/or border control agencies);
- with Buyer's express consent, or,
- pursuant to Seller's good faith belief that disclosure is required by law or otherwise necessary to the establishment of legal claims or defenses, to obtain legal advice, to exercise and defend our legal rights, to protect our rights or property and those of our subsidiaries or associated companies, or to protect the life, body or property of an individual. This also applies when the Seller has reason to believe that disclosing the Personal Data is necessary to identify, contact or bring legal action against someone who may be causing interference with Seller's rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
The Seller reserves the right to refuse supply of goods (services) or subscription to any person or entity for any or no reason whatsoever. Registration is valid for a single user only. Through the registration process, user chooses a username and password (his/her account within our system). The user is responsible for maintaining the confidentiality of the username and password, and is also fully responsible for all activities that occur under his/her ID or password. The Seller does not allow any of the following:
• any other person sharing username and password;
• access through a single username and password being made available to multiple users on a network;
Seller’s servers use advanced functions for detection of password sharing. Any such occurrence will automatically be reported to the Seller by the system and user’s account may become temporarily blocked for further investigation or cancelled without entitlement for refund. Violation of any of the two articles above will be grounds for account termination without our obligation towards the Buyer for any compensation or reimbursement.
User can use his/her account through all software platforms or applications offered by the Seller (iPhone/iPad application, OS X application, MS Windows software). User can be logged in through the online system or through any application. Buyer can use the account for the online system plus a maximum of three (3) devices. Only after logout it is possible to login through other application. Synchronization is provided for all platforms. It is required to run the synchronization at least once a month in order to revalidate the subscription.
ACCEPTABLE USE POLICY
The Seller has expended substantial time, effort, and funds to create this website and the goods offered. The website www.aviationexam.com is fully copyright protected. All material and all of the images located on this website and any materials / products sent to the user by e-mail or delivered in any other form from Aviationexam s.r.o. (hereinafter referred to as the "content") or in any way relating to the website belong to the Seller. The user may retrieve and display content from the website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use only.
The user (Buyer) MAY NOT do any of the following without prior written permission from the Seller:
• reproduce, modify, commercially exploit, redistribute, mass-download, reuse, reproduce, repost, sell, publish or otherwise circulate any of the content, system or parts of the content or system (including using it as part of any library, archive or similar service)
• remove copyright or trade marks from any material or copies of content made or obtained in accordance with these GTC
• create a database in electronic or structured format by systematically downloading and storing the content or parts of the content
• use the content on any other website or other networked computer environment
By accessing the Website, www.aviationexam.com, user agrees not to:
• damage, modify, interfere with or disrupt access to the website or do anything which may interrupt or impair its functionality;
• make any commercial or business use of the website and its content or resell or commercially benefit from any part or aspect of the website;
• publish, post, distribute, or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
The Seller is entitled to prevent the user from accessing the website, without prejudice to any of Seller’s accrued rights, if the user is contravening this Acceptable Use Policy or any other term or condition of these GTC. If Buyer’s access privileges are terminated on the basis of this paragraph, the Seller will hold no obligation for compensation for any of user’s claims.
The Seller takes all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer system.
All of the goods (content) offered through the website Aviationexam.com or by the Seller has been thoroughly proof-read, examined and checked for inaccuracies and errors. However mistakes can happen. If you believe you have found an incorrectly presented data, please, let us know by e-mail at: firstname.lastname@example.org
and we will address the issue promptly.
Certain links are provided that may lead to websites maintained by third parties over which the Seller has no control. The Seller takes no responsibility for the accuracy, content, or any aspect of that material, and disclaims any liability to the user for such material or for any consequence of user’s decision to use the links provided or use of such material.
The Seller is entitled to terminate user’s access to the website and/or other products or services without any prior notice to the user where (by way of example and without limitation):
• there is a regulatory or statutory change limiting Seller’s ability to provide a website; or
• user is abusing the services (goods) provided or are otherwise acting in breach of these GTC.
Organizations / Learning Management System SECTION
Any organization using the Aviationexam system, can upload it’s own study material or it's specific question bank (material) into the system. This material is visible only to users assigned under respective organization account (FTO/ATO/school students). The Seller does not claim any ownership rights to such material nor he is responsible for its content (in terms of copyright issues). The organization is fully responsible for the content of uploaded material (in terms of copyright issues).
PROTECTION OF PERSONAL DATA
The Buyer agrees that the provided personal data are processed and recorded by the Seller in accordance with the Act on Personal Data Protection (Act No. 101/2000 Coll.). The Buyer has the right to be informed which data about him the Seller has in its evidence and is also entitled to change the data or to express his/her disapproval with its processing. Supervision is exercised by the Office for Personal Data Protection. The Buyer may inform the Seller that he/she wants to cancel sending commercials electronically at email@example.com
If you have any questions concerning any part of these GTC please contact us by email at: firstname.lastname@example.org
IX. CLOSING PROVISIONS
All disputes arising from the contract entered into between the Seller and the Buyer (user) and/or in connection with it shall be decided by the Czech courts. The court having local (venue) jurisdiction shall be the Municipal court in Prague (if the regional court has the subject matter jurisdiction) or the District court in Prague 1 (if the district court has the subject matter jurisdiction).
Compliance with the duties following from the Act No. 634/1992 Coll., on Consumer Protection, as amended, is checked and supervision is performed by the Czech Trade Inspection (www.coi.cz
These General Terms and Conditions, including its components are valid and effective as of 1 January 2014. GTC, including its components, are available at the registered office premises of business company Aviationexam s.r.o. or electronically at www.aviationexam.com.
These General Terms and Conditions are set out in accordance with and are governed by Act No. 89/2012 Coll. Civil Code, and Act. No. 634/1992 Coll. on Consumer Protection, as amended.