Not in that form. A consumer buying remotely has a 14-day withdrawal right that cannot be waived in advance, so the clause is invalid and may attract a fine. The law offers digital content sellers a lawful route: the right ends when supply begins if the customer expressly consented, acknowledged being informed of the loss of that right and received confirmation. This is addressed through checkout, rather than a sentence in the terms.
“Course fees are non-refundable in all circumstances” is intended to protect revenue but creates two problems: invalidity and grounds for a fine. Yet the law provides a procedure specifically suited to online courses that can lawfully avoid refunds.
Why a clause in the terms will not stand
Consumers have a 14-day right to withdraw from distance contracts under Act No. 108/2024 Coll. Under Section 54(1) of the Civil Code (Act No. 40/1964 Coll.), they cannot waive consumer protection rights in advance. A blanket non-refund statement therefore leaves customer rights intact while denying rights in a way the supervisory authority may sanction. The Slovak Trade Inspection has already penalised such a clause: in proceedings reviewed by appeal decision No. SK/0137/99/2022 of 26 May 2025, an online course seller’s terms said buyers could not cancel a digital content contract “under any circumstances” and “course fees are non-refundable”. The first-instance inspectorate imposed a EUR 1,000 fine for this and other deficiencies. Although the decision applied rules effective until 30 June 2024, the objection to non-refundable fees survived appeal, and the current rules are the same on this point.
When withdrawal rights for a course end
A prerecorded course accessed through a members’ area is digital content supplied without a tangible medium. Withdrawal rights end through conditions met in the ordering process:
A consumer may withdraw without giving a reason from a distance or off-premises contract within the period under Section 20(1) to (3), except a contract for […] (m) digital content supplied by the trader without a tangible medium, where (1) supply has begun and (2), if the consumer must pay a price, the consumer expressly consented to supply beginning before the withdrawal period expired, acknowledged having been duly informed that this consent means losing the withdrawal right when supply begins, and the trader provided confirmation under Section 17(12)(b) or (13)(b).
— Section 19(1)(m) of Act No. 108/2024 Coll. (unofficial English translation)
At checkout, this means three steps: separate information on loss of the right; an actively ticked acknowledgement and express consent to course access before the period expires (Section 17(10)); and subsequent confirmation of both on a durable medium, typically the confirmation email (Section 17(12)(b)). If the consumer validly withdraws from the contract and any of these conditions was missing, the trader cannot require payment for the content supplied (Section 22(4)(b)). A defect in the ordering process alone, however, does not automatically extinguish the obligation to pay the price unless the consumer withdraws.
Live courses and webinars are services rather than content
A live course is a service. The withdrawal right ends only when the service has been fully performed, again provided performance began with express consent and acknowledgement of the information given (Section 19(1)(a)). If a customer withdraws during a course, they pay proportionately for teaching already delivered, but only if consent and information requirements were properly met (Section 21(5)). We discuss the basic deadline rules, including extensions where information is missing, in withdrawal from online shop contracts.
How we can help
We configure checkout, notices and confirmation emails alongside your online shop terms so withdrawal rights actually end when intended. For courses sold as memberships or applications, we prepare a SaaS agreement and terms and licence terms for the content, clarifying what buyers may do with the materials.
If you already sell courses with a non-refundable-fee clause, send us the terms for review. Correcting checkout is quick and addresses invalidity and the risk of a fine together.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
