Terms and Conditions - Family Tree Factory

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) regulate, in accordance with Section 1751 (1) of the Civil Code, the mutual rights of the parties arising in connection with or on the basis of a purchase contract concluded through the Family Tree Factory online site located on the web interface www.familytreefactory.com or www.familytreefactory.cz (hereinafter referred to as the “web interface”) between

Ing. Lucie Smetanová – Family Tree Factory

with registered office at Borská 1515/27, Plzeň 30100

ID No.: 02060311, registered in the Trade Register kept at the Municipality of Pilsen under No.: MMP/361841/21

Address for delivery: 1515/27 Borská Street, Plzeň 30100

phone: +420 731 48 58 83

e-mail: info (at) familytreefactory.com

website: www.familytreefactory.com or www.familytreefactory.cz

as the seller and you as the buyer.

1. INTRODUCTORY PROVISIONS

1.1. SUMMARY OF THE CONTENT OF THE TERMS AND CONDITIONS

To conclude a purchase contract, you need to send an order and we need to accept it. By entering into a purchase contract, we are obliged to deliver the goods in the order and you are obliged to pay the purchase price and take delivery of the goods (see clause 2). Information on prices can be found in clause 3. The possible methods of payment and delivery can be found in articles 4 and 5. The fact that this is a custom-made contract and information about the possibility of withdrawal after receipt of the goods can be found in article 6. Complaints are governed by article 7 of the terms and conditions.

1.2. IS IT A CONSUMER CONTRACT?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection under the law and these terms and conditions.

1.3. WHAT GOVERNS OUR MUTUAL RIGHTS AND OBLIGATIONS?

First and foremost, the contract, which consists of the following documents:

these terms and conditions, which define our mutual rights and obligations;

Privacy Policy, which governs the protection of your personal data;
the terms and conditions and the instructions given on the web interface, in particular when concluding the contract;
order and its acceptance by us,

and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:

Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code“);
Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you agree that Czech law will govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.

It is possible to negotiate provisions in the purchase contract that deviate from the terms and conditions, where these deviating provisions in the purchase contract take precedence over the terms and conditions.

1.4. HOW DO YOU AGREE TO THE TERMS AND CONDITIONS?

By sending your order and payment for the goods you confirm that you have read and agree to these terms and conditions.

1.5. WHAT ELSE SHOULD YOU KNOW ABOUT THE TERMS AND CONDITIONS?

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.

We may change or amend the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions under which they arose. The Terms and Conditions may only be amended or supplemented in writing.

2. PURCHASE CONTRACT

2.1. HOW DO WE CONCLUDE A PURCHASE CONTRACT?

In order to enter into a contract, you must (i) submit an order in accordance with these Terms and Conditions, (ii) have such order accepted by us, (iii) have us prepare a graphic design of the order in accordance with your requirements and finally (iv) have your written confirmation of the graphic design of the order. The Purchase Agreement is effective upon the fulfillment of all of the conditions described.

Please note that the presentation of the goods on the web interface is informative and is not our proposal for the conclusion of a contract within the meaning of Section 1732 (2) of the Civil Code, but an invitation to tender. Your order is a proposal to conclude a purchase contract. The presentation of the goods is illustrative and the appearance of the actual product may vary slightly. It is always the textual description of the goods that is decisive, and above all your specific design requirement.

2.2. HOW TO PLACE AN ORDER?

You can place your order via the web form or by email. We will always contact you afterwards to clarify the details together.

We always send the final graphic design of the family tree, which contains the data in the agreed form, for final checking. The buyer is obliged to agree in writing on the correctness of the data and their arrangement in the graphic design. The order then becomes binding, a purchase contract is created and an invoice is issued. We will send the invoice together with the confirmation of the binding order to the e-mail address you have provided. After payment, we proceed to production.

The Buyer acknowledges that all information provided in the binding order, including the data displayed, is correct and is the responsibility of the Buyer. The Buyer’s data as well as the data of the persons concerned displayed in the family tree are subject to data protection.

2.3. CAN YOU CANCEL OR CHANGE AN ORDER ALREADY PLACED?

Cancellations or changes to your order are only possible after agreement with us. If you cancel a binding order (see clause 6 for details), we are entitled to reimbursement of the costs we have already incurred in connection with the contract.

3. PRICE

The price of the goods shown on the web interface is inclusive of value added tax and all related charges. The web interface also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods applies in principle in cases where the goods are delivered within the territory of the Czech Republic.

3.1. CAN THE PRICE CHANGE ON THE WEB INTERFACE?

If the current price is no longer listed on the web interface or during the ordering process, we will notify you immediately. However, a price change does not affect orders already received if it occurred between the time the order was placed and the time it was accepted by us.

In the event that there is an obvious technical error on our part in the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously erroneous price due to the apparent legality of our legal action pursuant to §552 of the Civil Code, or due to a mistake pursuant to §571 of the Civil Code.

4. PAYMENT TERMS

4.1. WHAT PAYMENT METHODS DO WE ACCEPT?

We accept payments without cash to our bank account before delivery of the goods (instructions will be communicated to you in the order confirmation). You are obliged to follow these instructions.

We require payment of the full purchase price immediately after receipt of the order, i.e. before the goods are dispatched or handed over. Section 2119 (1) of the Civil Code does not apply.

Together with the purchase price, you are also obliged to pay the costs associated with the packaging and delivery of the goods. The purchase price includes the costs of packing and delivery of the goods.

Any discounts on the price of goods cannot be combined unless otherwise stated.

4.2. WHEN IS THE PURCHASE PRICE DUE?

In the case of cashless payment before delivery of the goods, the price is payable within five days of receipt of the order, the price is paid when the relevant amount is credited to our bank account.

If we do not receive the price when it is due, we reserve the right to withdraw from the contract.

5. DELIVERY CONDITIONS

5.1. HOW DO WE SEND THE GOODS?

The website lists the current delivery methods, including shipping costs.

If the method of transport is agreed upon on the basis of your special request or outside the Czech Republic, you bear the risk and additional costs associated with this method of transport.

The contact details you provide (your address, contact person, telephone number) are given to the carrier. You are fully responsible for the accuracy of the information provided.

5.2. WHEN WILL WE DELIVER THE GOODS TO YOU?

For custom production, the delivery time is set at 2 to 9 weeks for production from the date of payment of the product by the buyer. (The delivery time may be affected by the filling of production capacity, or a breakdown of the production machine. The customer will always be notified of the production time in advance or without delay.)

We undertake, to the best of our ability, in our own interest and especially with you in mind, to reduce the delivery time to the minimum possible time.

If we are obliged under the contract of sale to deliver the goods to the place specified by you in the order, you are obliged to take delivery of the goods on delivery.

Delivery of the Goods is defined in these Terms and Conditions as the moment when the Goods are delivered to you. You are obliged to accept the delivered (undamaged) goods. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.

You acquire ownership of the goods at the moment of payment of the full purchase price.

However, we cannot control the delivery time of goods by external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.

5.3. HOW TO PROCEED WITH THE ACCEPTANCE OF THE GOODS?

Upon receipt of the goods, check the integrity of the packaging of the goods.

In case of any defects, you are obliged to draw up a damage report with the carrier and contact us immediately. Make sure to provide photo documentation of any damage to the packaging or goods. You are obliged to check the completeness and faultlessness of the goods inside the packaging without undue delay after receipt. If any damage or irregularity is found, please contact us immediately. Do not handle the goods until we have acknowledged receipt of this information and provided further instructions. This is the only way to assess and prove the condition of the goods on receipt.

If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal. If you do not immediately notify us of damaged packaging upon receipt of the goods, or incomplete delivery or mechanical damage to the goods immediately after unpacking, subsequent related claims cannot be taken into account.

From the moment you take possession of the goods (or from the moment you were obliged to take possession of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.

5.4. WHAT HAPPENS IF YOU DO NOT ACCEPT THE GOODS?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall pay the costs associated with such delivery.

In the event that you do not accept the goods without reason, we shall be entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us due to the non-acceptance of the goods.

However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we are further entitled, at our discretion, either to proceed with the sale of the goods in accordance with § 2126 of the Civil Code, or to withdraw from the contract and subsequently unilaterally offset all costs associated with the production and transport of the goods against the purchase price. The remaining part of the purchase price will be refunded to you.

6. CUSTOM-MADE GOODS AND WITHDRAWAL FROM THE CONTRACT

6.1. YOU CANNOT WITHDRAW FROM THE CONTRACT

Please note that, according to the provisions of Section 1837 of the Civil Code, you cannot withdraw from the purchase contract if the goods have been made to your requirements or if the goods have been adapted to your personal needs. All goods manufactured by us are considered to be custom-made goods as they always contain your specific data.

Please note that goods made to order are not subject to withdrawal, refund or exchange for other goods. This is a product that has been made to the buyer’s specifications, showing the data and information sent and approved by the buyer.

6.2. WHO IS RESPONSIBLE FOR THE ACCURACY OF THE DATA

The Buyer acknowledges that all information provided in the binding order (including the data displayed on the family trees, not only the contact details of the Buyer) is correct and is the responsibility of the Buyer.

We always send you the final graphic design, including the layout of each person in the family tree, for your review. Production will only proceed after your express written approval and payment of the purchase price.

6.3. WHEN CAN WE WITHDRAW FROM THE PURCHASE CONTRACT?

We reserve the right to withdraw from the purchase contract in the following cases:

we have not received the purchase price from you by the due date;
you have not taken possession of the goods;
you have not complied with your obligations under the contract of sale or the terms and conditions, even after repeated requests;
the goods cannot be delivered under the original conditions for objective reasons (the supplier has stopped delivering to the Czech Republic, etc.); or
performance becomes objectively impossible or unlawful.

If any of the above occurs, we will inform you immediately of our withdrawal from the contract.

If you have already paid the purchase price, we will reimburse you the amount received within 14 days of withdrawal (but usually within 5 days), without cash to the account you provide us with for this purpose or from which you made the payment. This procedure does not apply if we withdraw from the contract because you have not taken delivery of the goods. In this case, the procedure in paragraph 5.4 of the Terms and Conditions will apply.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance (hereinafter referred to as “Claim”) are governed by the applicable generally binding legal provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). We will proceed in accordance with this provision when exercising rights arising from defective performance.

We reply that the goods are free from defects upon receipt. In particular, we are responsible for the fact that at the time you took delivery of the goods:

has the goods have the agreed characteristics and, in the absence of an agreement, have the characteristics that we have described on the web interface or that can be expected in view of the nature of the goods;
the goods are fit for the purpose for which we state they are to be used or for which goods of that kind are usually used;
the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern;
the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the legislation

We shall not be liable for defects in the goods if the goods are defective at the time of acceptance and a discount on the purchase price has been agreed for such defect, if the defect has been caused by wear and tear in the manner of normal use, or if this is due to the nature of the goods (e.g. expiry of their useful life), if you have caused the defect by improper or careless use, storage, improper maintenance, your intervention or mechanical damage, or if the defect has been caused by an external event beyond our control.

You can always make a claim at our headquarters or at our premises, either in person or in writing. When filing a claim, you will first of all provide us with a specific description of the defect for which you are claiming and deliver the goods to us so that we can properly assess the claimed defect.

During the claim, you are obliged to prove in particular the purchase of the goods claimed. It is not possible to make a claim for a defect that has already been claimed in the past and for which a reasonable discount on the purchase price has been granted.

The goods you send for a claim must not be contaminated, must be properly secured and packed for transport to prevent further damage, for example by free movement in the box. The risk of damage to the goods when sending the goods for complaint passes to us at the moment of receipt of the parcel with the goods complained of.

Claims can be made within two years of receipt of the goods. After this period, the right cannot be exercised unless otherwise agreed.

You must make a claim without undue delay after you have discovered that the goods are defective. We will not be liable for any increase in the extent of the damage if you use the goods although you are aware of the defect. If the goods are replaced as part of the settlement of a claim, no new time limit for exercising rights under the defective performance will run. The time limit will expire 24 months from receipt after purchase of the goods complained of.

If the goods are defective, you have the right, in particular, to have the defect removed or to a reasonable discount on the purchase price.

If the defective performance is a material breach of the purchase contract, you have the right, in particular, to have the defect removed by delivery of new goods without defect or to withdraw from the purchase contract.

We will issue you a written confirmation of the exercise of the right of defective performance, which includes the date of the exercise of the right of defective performance, the subject of the claim and the required method of settlement of the claim.

We decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product required for a professional assessment of the defect. Complaints, including the removal of the defect, will be settled without undue delay, at the latest within 30 days from the date of the complaint, unless we agree on a longer period.

You have the right to reimbursement of the costs reasonably incurred in claiming the goods. However, you must exercise your right to reimbursement of these costs within one month after the expiry of the period within which you must exercise your rights under the defective performance.

We do not provide any quality guarantee beyond the legal warranty period.

8. FURTHER INFORMATION FOR CONSUMERS

8.1. WHAT AUTHORISATIONS DO WE HAVE TO CARRY OUT OUR ACTIVITIES?

We are authorised to sell goods on the basis of a trade licence.

8.2. HOW DO WE HANDLE COMPLAINTS?

Any complaints are handled via our contact email. You can also contact the relevant trade office or the Czech Trade Inspection Authority.

8.3. WHAT RIGHTS DO YOU HAVE WHEN A CONSUMER DISPUTE ARISES?

If you are a consumer and a dispute arises between us under the contract which we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; phone: +420 296 366 360) or at Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.

You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

9. SENDING COMMERCIAL COMMUNICATIONS

You hereby consent to receive information related to our goods, services or our business at your electronic address and further consent to receive our business communications at your electronic address.

10. SUBMISSION

Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through the postal service provider (at the sender’s choice). All joint communications shall be directed to the electronic mail address provided in your order form.

11. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

11.1. IS THE CONTENT OF THE WEBSITE PROTECTED BY COPYRIGHT?

The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, you are prohibited from making available, free of charge or for consideration, any photographs or text located on the web interface.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

11.2. RESPONSIBILITY AND USE OF THE WEB INTERFACE

We are not liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the functionality of the system or place an unreasonable load on the system.

If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages that have been proven to have been caused by your conduct pursuant to this paragraph.

Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.

TERMS AND CONDITIONS ARE VALID FROM 1.1.2023

You can also read how we handle your personal data.