General Terms and Conditions

CONTENT OF THE TERMS AND CONDITIONS:

I. Introduction and Explanation of the Purpose of the General Terms and Conditions
II. Important Terms (Definitions)
III. Order and Conclusion of the Purchase Agreement
IV. Product Prices and Payment
V. Delivery Conditions
VI. Additional Rights and Obligations of the Participant and the Provider
VII. Information on the Functionality of Digital Content and Its Compatibility with Hardware and Software, and Copyright Protection
VIII. Withdrawal from the Purchase Agreement
IX. Warranty, Rights from Defective Performance, Complaints Procedure
X. Personal Data
XI. Complaint Handling, Consumer Dispute Resolution
XII. Final Provisions

I. Introduction and Explanation of the Purpose of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") apply to the purchase of e-books (electronic books), courses (conducted both online and live), programs, and memberships in a paid club (collectively referred to as "digital content" or "products") through the website www.awakenedequestrian.com.

The purchase of products takes place based on a Purchase Agreement concluded between the Seller and the Buyer. The process of concluding the Purchase Agreement is detailed in Article III of the GTC. These GTC are an integral part of the Purchase Agreement and provide detailed information about the rights and obligations of both parties, i.e., the Buyer and the Seller. Any provisions in the Purchase Agreement that differ from these GTC shall take precedence (i.e., the text of the Purchase Agreement supersedes the text of the GTC).

The GTC contain information that you need to have available before purchasing a product. Please read the GTC carefully, and if you have any comments or questions, contact us before placing your order. Contact details can be found in Article II of the GTC.

II. Important Terms (Definitions)

1. SELLER
Nechsenest s.r.o. – Managing Director: Mgr. Kristýna Šmídová
Business ID: 09735631
VAT ID: CZ09735631
Registered office: Dvořákova 478/14a, Hustopeče 69301, Czech Republic
Registered at the Regional Court in Brno, Section C, Insert 120575
Email: info@awakenedequestrian.com
2. BUYER
The Buyer is the entity that enters into a Purchase Agreement with the Seller via the website www.awakenedequestrian.com, thereby purchasing a product. The Buyer may be an entrepreneur (a self-employed individual or a legal entity such as a limited liability company or a joint-stock company) or a consumer.
3. CONSUMER
A Consumer, as defined by law, is a natural person who does not act within their business activity or self-employment when concluding the Purchase Agreement. If you are an individual and you enter a company identification number in the order, you conclude the Purchase Agreement as an entrepreneur, not as a consumer.
4. CONSUMER AGREEMENT
This is a Purchase Agreement where the Buyer is a consumer. Under applicable laws, a consumer is afforded greater protection than a Buyer who is not a consumer. Similarly, the Seller has more obligations towards consumers than towards other Buyers and is required to provide consumers with specific information as mandated by the Civil Code and the Consumer Protection Act. If the Buyer is not a consumer, provisions of the GTC that serve solely for consumer protection do not apply.
5. AGREEMENT CONCLUDED REMOTELY
This refers to a Purchase Agreement concluded using remote communication methods, i.e., without the need for the Seller and Buyer to meet in person, as the agreement is concluded via the web interface, email communication, phone calls, or similar means. The Buyer bears any costs related to the use of remote communication methods (primarily internet connection and phone call costs), which are not different from the standard rates charged by their service provider. By placing an order, the Buyer expressly agrees to the use of remote communication methods.

III. Order and Conclusion of the Purchase Agreement

1. The Buyer orders products through the web interface, i.e., by submitting a completed order (sales) form.
2. PRODUCT DESCRIPTION
The web interface provides a detailed description of the offered products, including their content, intended audience, benefits for the Buyer, and format. It also specifies any necessary conditions for effective use and completion. Additionally, detailed descriptions of bonuses included with the products are provided. All presentations on the web interface are informational only, and the Seller is not obligated to enter into a Purchase Agreement concerning these products.
3. PLACING AN ORDER
Products are ordered through the web interface using an order form, where the Buyer enters their name, surname or company name, address, email, phone number (if applicable), business ID and VAT ID for entrepreneurs, selects the payment method, and marks (clicks) the selected product(s). Before submitting an order, the Buyer is given the opportunity to check and amend the entered details to correct errors and inconsistencies. The order is submitted by clicking the "ORDER WITH PAYMENT OBLIGATION" button. Upon receiving the order, the Buyer is notified by an automatic email confirmation. If this confirmation does not state that the order has been accepted, a separate email confirming acceptance will follow. Until the confirmation is received, the Buyer may cancel the order by email (using the contact details in Article II of the GTC). The Purchase Agreement is concluded upon the Seller's confirmation of the order.
4. In case of doubt, the Seller may contact the Buyer to verify the authenticity of the order. If verification is unsuccessful, the order is considered not placed and will not be processed further.
5. The Purchase Agreement is concluded in the English language. The agreement is concluded electronically and consists of the Buyer's order, its acceptance by the Seller, and these GTC. The agreement is archived electronically and is not accessible.

IV. Product Prices and Payment

1. PRODUCT PRICES
The current prices of individual products are always listed on the website interface. The prices remain valid as long as they are displayed on the website. If a special discount price is offered, the conditions under which the discounted price applies and its validity period are also specified. The calculated price displayed in the order summary (before clicking the "ORDER WITH PAYMENT OBLIGATION" button) is the final price.

2. The agreed purchase price is the price listed for the product at the time of order submission (as specified in the completed order form). If an obvious error occurs in the displayed price on the website interface (such as a typographical error or an input mistake), the Seller is not obligated to deliver the product at the incorrect price, even if an automatic order confirmation was sent. If the Buyer has already paid an incorrect price, the Seller is entitled to withdraw from the Purchase Agreement. If the purchase price changes between the time of order submission and its confirmation by the Seller, the purchase price at the time of order submission applies unless otherwise agreed.
3. Unless explicitly agreed otherwise, the Seller is obligated to deliver products only after full payment of the purchase price. Similarly, a reservation for a live course is confirmed only after full payment has been received.
4. PAYMENT METHODS
The purchase price can be paid via the following methods:

Cashless bank transfer to the Seller’s account (usually takes 1–2 business days); payment instructions will be provided in the email confirmation of the order. Please ensure that you include the correct variable symbol for quick processing and product delivery.
Online payment using VISA, VISA Electron, MasterCard, Maestro credit and debit cards (processed immediately).
Online bank transfer (processed immediately).
Payment methods are integrated with the ComGate Payments, a.s. payment gateway, which provides secure payment processing for credit cards and online bank transfers. Payment card numbers, credit card details, and online banking credentials are entered via a secure and trusted ComGate Payments channel (https://www.comgate.cz/smluvni-dokumenty).

If the Buyer has chosen an installment payment plan, they are obligated to pay all remaining installments even if they decide not to use the product. If installments are not paid, a contractual penalty of 5% of the unpaid balance per week will be charged starting 14 days after the due date, continuing until full payment is made.

Additional payment methods may be listed on the website or agreed upon explicitly between the Buyer and the Seller. Payments are made in Czech koruna (CZK) or euros (EUR), as chosen by the Buyer.

5. DUE DATE OF THE PURCHASE PRICE
In the case of a bank transfer, the purchase price is due within 7 days of the order confirmation. The due date is stated in the payment instructions and invoice. The purchase price is considered paid when the corresponding amount is credited to the Seller’s bank account.

After payment is received, the Seller issues a payment confirmation (receipt), which is sent immediately for online payments and within 3 business days for other payment methods.

E-books cannot be purchased using an installment plan.

V. Delivery Conditions

1. DELIVERY METHODS

When purchasing an e-book, the digital content (in PDF or similar format) will be delivered after payment via email as an attachment or a download link.
When purchasing an online course, a user account will be created after payment, and login credentials will be emailed to the Buyer. If the course is launched for all registered participants on a specific date, the login credentials will be provided on that date.
If a membership in a paid club is purchased, the Buyer will be granted access to the closed Facebook group after payment.
If an online program is purchased, the Buyer will be invited to a closed Facebook group where information about the schedule, online sessions, coaching, and materials will be shared.
If a live course is purchased, the Buyer will receive information about the date and location of the course (unless already stated in the course description). If the course is canceled, an alternative date will be offered. If the new date is not suitable, the Buyer may withdraw from the contract and receive a refund. For individual live courses, the date and location will be arranged between both parties, and the course must be completed within six months of purchase.
Participation in a live course can be transferred to another person if there are no specific eligibility requirements (e.g., qualifications, completion of prior training, etc.). If the Buyer transfers participation to another person, they must inform the Seller in advance.

2. DELIVERY TIMEFRAME

E-books, online courses, and club memberships will be delivered within 3 business days after payment is received.
For online programs, access credentials to private Facebook groups or other related services will be provided within 3 business days after full payment or the first installment is received.
For pre-sale products, the Seller reserves the right to deliver access credentials up to 2 days before the official launch date.
For live courses, a reservation is confirmed when payment is received.

3. CHECKING DIGITAL CONTENT
After receiving an e-book or digital content, the Buyer should promptly verify its functionality. If any defects or issues are found, the Buyer should immediately contact the Seller. More details can be found in

4. TECHNICAL REQUIREMENTS
Digital content requires compatible hardware and software to function properly. The Buyer must ensure that they have the appropriate equipment to open and work with PDF and DOC files. Online course materials require an internet browser with audio playback capabilities. The Buyer is responsible for ensuring a stable internet connection with sufficient speed. The Seller is not liable for accessibility issues caused by the Buyer’s poor internet connection. Temporary unavailability due to maintenance or server outages may occur.

VI. Additional Rights and Obligations of the Participant and the Provider

1. VOLUNTARY PARTICIPATION
Participation in the event is voluntary. The participant assumes full responsibility for their actions throughout the event.

2. NO SUBSTITUTE FOR PROFESSIONAL CARE
By purchasing the service, the participant acknowledges that none of the services provided replace professional therapeutic or medical care. The provider's instructions are only recommendations, which the participant follows at their discretion.

3. PHYSICAL AND MENTAL STRAIN
The participant acknowledges that they may be exposed to physical, psychological, and emotional stress during the event.

4. HEALTH DECLARATION FOR LIVE COURSES
Participants in live courses confirm that they do not have any contagious diseases and agree to inform the provider of any potential health complications (e.g., post-injury conditions, chronic illnesses, epilepsy, asthma, psychological or psychiatric treatment, pregnancy, limited mobility, etc.).

5. NO USE OF INTOXICANTS
The participant agrees not to be under the influence of drugs or other intoxicating substances during the event. Violation of this rule may result in expulsion from the event without any refund.

6. RIGHT TO LEAVE
The participant may leave the event at any time. However, the paid service fee will not be refunded in such cases.

7. DISRUPTIVE BEHAVIOR
If a participant’s inappropriate behavior disrupts the event, the provider reserves the right to ask them to leave without any refund.

8. RIGHT TO REFUSE PARTICIPATION
The provider reserves the right to reject an application and deny participation. If the course fee has already been paid, the provider will refund the full amount within 14 days of notifying the participant.

9. NO COMPENSATION FOR NON-PARTICIPATION
If a participant is unable to attend the event or service for any reason, they are not entitled to a financial or non-financial compensation.

10. CONFLICTING CONDITIONS
If the product description contains specific terms (e.g., cancellation policies), they take precedence over the provisions of these GTC.

VII. Information on the Functionality of Digital Content and Its Compatibility with Hardware and Software, and Copyright Protection

1. DELIVERY FORMAT
Digital content is delivered solely to the Buyer via their email address, either as an attachment, a link to a webpage where the content is stored, or by granting access to a closed Facebook group.

2. TECHNICAL REQUIREMENTS
To fully utilize the digital content, the Buyer must have the necessary hardware and software to open and work with files in .doc and .pdf formats. Access to online courses in the member section requires logging into the user account with provided credentials. For paid club access, the Buyer must be logged into Facebook with their user account. Online course content can be played using an internet browser with standard audio playback capabilities. An adequate internet connection speed is required for streaming content. The Seller is not responsible for content inaccessibility due to slow or malfunctioning internet connections on the Buyer's side. Temporary unavailability due to maintenance or server issues may occur.

3. COPYRIGHT PROTECTION
Digital content is protected by copyright law. The Buyer is not allowed to distribute, reproduce, or share the content with third parties without the Seller's prior explicit written consent. Violating copyright laws may result in legal consequences.

4. USER ACCOUNT RESPONSIBILITY
Upon purchasing an online course, the Buyer receives login credentials to access the user account. The Buyer agrees to keep these credentials confidential and not to share them with third parties. The Buyer is also responsible for keeping their user account details accurate and up to date. In cases of serious breaches of the Purchase Agreement or these GTC, the Seller reserves the right to revoke the Buyer's access to the user account. This also applies to violations related to copyright infringement.

VIII. Withdrawal from the Purchase Agreement

1. RIGHT OF WITHDRAWAL Under the law, a consumer may withdraw from a remotely concluded agreement within 14 days of the agreement's conclusion without giving any reason.
2. ADDITIONAL WITHDRAWAL OPTIONS The Buyer may also withdraw from the Purchase Agreement in other cases specified by law or these GTC, particularly in cases of defective performance (see Article IX - Warranty and Complaints). The Seller is entitled to withdraw from the Purchase Agreement in case of a material breach of the Buyer’s obligations, such as unauthorized access to the website interface, copyright infringement, or non-payment of the purchase price within 10 days past the due date. In case of contract withdrawal, the Seller has the right to immediately revoke access to the membership section.
3. WITHDRAWAL AND BONUSES If a bonus or gift was provided with the product, the bonus agreement is subject to a resolutory condition, meaning that if the Buyer withdraws from the Purchase Agreement, they must return the received bonus or gift within 14 days.
4. EXCEPTIONS TO WITHDRAWAL The right to withdraw does not apply to agreements regarding digital content delivered immediately after purchase, provided that the Buyer explicitly agreed to this prior to purchase.
5. LIVE COURSE CANCELLATION If a Buyer withdraws after 14 days, the inability to attend a live course is not considered a valid reason for withdrawal. However, the Buyer retains the right to transfer their participation to another person, provided they notify the Seller in advance (see Article V, Clause 1).

IX. Warranty, Rights from Defective Performance, Complaints Procedure

1. LIABILITY FOR DEFECTS The Seller is responsible for ensuring that the product is free from defects at the time of delivery. If the Buyer is a consumer and a defect appears within six months of delivery, it is presumed that the product was defective at the time of receipt. For consumers, the Seller is also liable for defects that occur within the 24-month warranty period from the date of delivery.
2. DEFECTIVE PERFORMANCE CLAIMS
If a defect arises, the Buyer has the right to:

Request a free correction or replacement,
Receive a proportional discount on the purchase price,
Withdraw from the contract if the defect is substantial.

3. EXCLUSIONS FROM LIABILITY
The Seller is not liable for defects caused by:

Improper use or handling,
Storage in inappropriate conditions,
Unauthorized modifications to the product,
Natural wear and tear.

4. COMPLAINT PROCESS

The Buyer must report any defects without undue delay after discovery.
Complaints can be submitted via email to info@awakenedequestrian.com or in writing to the Seller's registered address.
The Buyer should include proof of purchase, a description of the defect, and a preferred resolution.
The Seller will process the complaint within 21 days unless otherwise agreed.
The Buyer will receive confirmation of the complaint submission and resolution in writing.
X. Personal Data

1. DATA CONFIDENTIALITY
All information provided by the Buyer is confidential and handled in compliance with applicable data protection laws.

2. DATA PROCESSING PURPOSES

Order processing and contract fulfillment,
Customer support and communication,
Marketing and promotional purposes (only with Buyer’s consent).

3. RIGHTS OF THE BUYER

The Buyer has the right to access their personal data, request corrections, or request deletion.
The Buyer can withdraw consent for marketing communications at any time.
Further details are available in the Seller's Privacy Policy.

XI. Complaint Handling, Consumer Dispute Resolution

1. DISPUTE RESOLUTION
The Buyer and Seller will strive for an amicable resolution of disputes.
If no agreement is reached, consumers can contact the Czech Trade Inspection Authority (Česká obchodní inspekce) at https://adr.coi.cz/cs for alternative dispute resolution.
EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
2. SUPERVISORY AUTHORITY
The Seller is registered and authorized to sell goods under Czech law.
The competent supervisory authority is the Czech Trade Inspection Authority.

XII. Final Provisions

1. GOVERNING LAW
These Terms and Conditions are governed by the laws of the Czech Republic.
If a contractual relationship contains an international element, Czech law applies, unless consumer protection laws in the Buyer’s country provide otherwise.
2. CHANGES TO TERMS AND CONDITIONS
The Seller reserves the right to modify these Terms and Conditions.
Updated versions will be published on the Seller's website and take effect from the date of publication.
3. COPYRIGHT AND WEBSITE USAGE
All website content, including text, images, and videos, is owned by the Seller.
Any reproduction or unauthorized use without prior consent is prohibited.
4. FINAL CLAUSE
If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions remain valid and enforceable.

Last updated 6.3.2025