General Terms and Conditions
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions ("Terms and Conditions").
1.1 In these Terms and Conditions
1.1.1 "E-shop" means a computer program - an Internet application available on the Internet via the Internet address www.geneagram.com, the main functionality of which is the display, selection and ordering of goods by the User;
1.1.2 "Purchase Contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer through the E-shop;
1.1.3 "Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
1.1.4 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
1.1.5 "Operator" means company Geneagram s.r.o, ID: 19544731, with place of business Okružní 2357, Mělník, 27601, Czech Republic.
1.1.6 "Access Data" means the unique login name and associated password entered by the User into the E-shop database during Registration;
1.1.7 "Registration" means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.1.8 "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a Contract with the Operator or otherwise deals with the Operator;
1.1.9 "User" means any legal or natural person who uses the E-shop;
1.1.10 "User Account" means the part of the E-shop that is created for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
1.1.11 "Goods" means the item offered by the Operator for sale to the User via the E-shop and, if offered with the Goods, the license to use the item;
2 Pre-contractual information for Consumers
2.1 The operator concludes contracts, the subject of which is the provision of services, and contracts under which copyrighted digital content is delivered on CD/DVD or other media.
2.2 With respect to the price of the Goods and the cost of shipping and other charges:
2.2.1 In the case of licence agreements concluded for an indefinite period, the licence price is agreed for the entire period of the licence, unless otherwise stated.
2.2.2 The prices of the goods, services and licensed content provided on the website are inclusive and exclusive of VAT, including any charges provided for by law, however the cost of delivery of goods or services varies depending on the method and provider of delivery and method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
2.2.3 In the event of withdrawal from the contract, the Consumer shall bear the costs associated with the return of the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if the Goods cannot be returned due to their nature by the usual postal route.
2.3 If the subject of the contract is the delivery of digital content (e.g. pedigree templates) that will not be delivered on a tangible medium, the Consumer expressly consents to the delivery of this content before the expiry of the statutory withdrawal period.
2.4 For withdrawal, the following applies:
2.4.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, pursuant to the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.4.2 The withdrawal from the contract shall be sent at your expense to the Operator at Okružní 2357, Mělník, 27601, Czech Republic.
2.4.3 The Consumer is obliged to return the Purchase Contract to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, or hand it over to the Operator at the address of the Operator's premises or headquarters. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
2.4.4 The consumer cannot withdraw from the contract within the meaning of Section 1837 of the Civil Code:
a on the provision of services if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
b the supply of goods or services, the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,
c the delivery of goods that have been adapted to the consumer's wishes or for the consumer's person,
d the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
e the supply of a sound or visual recording or computer program if it has infringed its original packaging, or
f for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal.
2.4.5 The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.
2.4.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if there are legal reasons for this.
2.4.7 If the Consumer withdraws from the Purchase Agreement in respect of Goods which are returned to the Operator damaged and/or worn, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the cost of restoring the Goods to their original condition.
2.4.8 The form for withdrawal from the Purchase Agreement is attached as Annex 1 to these Terms and Conditions.
2.5 The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
2.6 The operator does not use the possibility of out-of-court settlement of consumer complaints. Complaints can be addressed to the supervisory authority or the state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions laid down in the relevant legislation.
3 Process of concluding the Contract
3.1. Through the E-shop, the Operator offers Users to purchase the Goods by indicating the designation of the Goods, detailed information about the characteristics of the Goods, the price of the Goods including value added tax and all related fees, the cost of transport and, if applicable, the cost of returning the Goods if they cannot be returned by normal postal transport.
3.2 To order Goods, the User shall place the ordered Goods in the E-shop Shopping Cart by clicking on the "Add to Cart" button on the graphic cart icon or a button with a similar meaning. He then fills in the order form, which contains in particular information about:
3.2.1. ordered Goods;
3.2.2 the method of payment of the purchase price;
3.2.3 the method of delivery/delivery of the ordered goods, while being informed of the costs associated with such delivery/delivery,
hereinafter referred to as "Order".
3.3 Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.
3.4 The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular, his/her e-mail address, telephone number, identification data and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
3.5 The User shall submit the order to the Operator by clicking on the button marked "Complete Order" or "Submit Order" or a button with a similar meaning.
3.6 Immediately upon receipt of the Order, the Operator shall confirm such receipt to the User by e-mail to the User's address specified in the User's account or in the Order.
3.7 The Operator shall be entitled to ask the User for additional confirmation of the Order.
3.8 The Purchase Contract between the Operator and the User is concluded upon delivery of the acceptance of the Order (proposal for conclusion of the Contract), which is sent to the User in accordance with 3.6 of these Terms and Conditions.
3.9 The User agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred in connection with the conclusion of the purchase contract shall be borne by the User, and such costs shall not differ from the basic rate.
3.10 All Goods presented within the user environment of the E-shop are for information purposes only and the Operator is not obliged to enter into a Contract in respect of such Goods. Section 1732(2) of the Civil Code shall not apply.
4 Purchase Agreement
4.1 Upon the conclusion of the Purchase Agreement, the following provisions shall come into force:
4.1.1 The User shall purchase from the Operator the Goods selected by the User in the E-shop user interface by entering them into the Shopping Cart, in the quantity selected and/or set by the User for such Goods in the E-shop user interface, and the User undertakes to pay the Operator for such Goods the price indicated for such Goods in the E-shop user interface.
4.1.2 The Operator shall have the right to withdraw from the Purchase Agreement for any reason or no reason until the Goods have been dispatched to the User. The withdrawal from the Purchase Contract shall be deemed to be a legal act of the Operator consisting in notifying the User that the Goods ordered by him/her cannot be delivered.
4.1.3 The method of packaging the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
4.1.4 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the Goods to the User, in the amount indicated for the Order in the Portal's user environment.
4.1.5 The User shall have the right to choose the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator from the options displayed to the User in the user environment of the E-shop.
4.1.6 If any of the payment methods contains information about the cost of making such payment, the User shall bear the cost of making such payment, which is indicated for the payment in the user environment of the E-shop.
4.1.7 In the case of a non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
4.1.8 In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
4.1.9 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined unless expressly stated otherwise.
4.1.10 The purchase price for the Goods does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.
4.1.11 The Operator retains title to the Goods subject to the Purchase Agreement until the purchase price for the Goods has been paid in full by the User.
4.1.12 The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Agreement. All delivery times for the Goods specified in the user interface of the E-shop are indicative only.
4.1.13 The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.
4.1.14 If the Operator provides a gift to the User together with the Goods, the gift agreement between the User and the Operator is concluded with the condition that if the Purchase Agreement is terminated (e.g. due to withdrawal from the Purchase Agreement), the gift agreement shall terminate without further delay together with the Purchase Agreement and the User shall return the gift to the Operator together with the Goods.
4.1.15 The Operator shall provide the User with a warranty for the Goods, if the warranty period is specified for the Goods in the user interface of the E-shop, for the duration of the specified warranty period, whereby the warranty so specified shall apply only to the Consumer.
4.1.16 The User shall be entitled to exercise the right of withdrawal and rights arising from defective performance at the Operator's registered office. The moment when the Operator receives the claimed Goods from the User shall be deemed to be the moment when the claim is made.
4.1.17 If the Goods are stated to be used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the stated defects of such Goods.
4.1.18 The risk of loss, damage and/or destruction of the Goods which are the subject of the Purchase Agreement shall pass to the User who is a Consumer upon the User's acceptance of the Goods.
4.1.19 The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not the Consumer upon the User's acceptance of the Goods.
5 User Account
5.1 The User has the right to create a User Account by registering.
5.2 The User is required to enter the User Account Access Credentials before accessing the User Account.
5.3 The User Identification Data entered by the User during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
5.4 The User shall not provide third parties with Access Credentials or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorised use of such Access Data or User Account and for any damage caused to the Operator or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.
5.5 In case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the E-shop and/or by e-mail to the User's e-mail address entered into the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 7 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User's e-mail box (if delivered via e-mail) and to terminate the obligation for this reason within a notice period of 7 days, which the parties agree is sufficient to procure similar performance from another supplier.
6 Complaints Procedure
6.1 The Operator shall be liable to the Consumer that the Goods are free from defects on receipt.
6.2 If the Goods contain defects, the Consumer shall have the right to demand delivery of new Goods free from defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the Goods, the Consumer may only demand replacement of that part; if this is not possible, the Consumer shall have the right to withdraw from the Contract of Sale.
6.3 The Consumer shall also have the right to have new Goods delivered or a component replaced in the event of a removable defect if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a multiple number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.
6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of parts or repair of the Goods, he/she may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot supply new Goods without defects, replace a part of the Goods or repair the Goods, or if the Operator fails to remedy the defect within a reasonable time or if it would cause the Consumer significant difficulties to remedy the defect.
6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew before taking delivery of the Goods that the Goods were defective or if the Consumer caused the defect.
6.6 The Operator's liability for defects in the Goods shall not extend to wear and tear caused by normal use of the Goods, in the case of Goods sold at a lower purchase price to the defect for which the lower purchase price was agreed, in the case of second-hand Goods to the defect corresponding to the degree of use or wear and tear which the Goods had when taken over by the Consumer or if this results from the nature of the Goods.
6.7 If the Goods are warranted, the Consumer has the right to assert liability for defective performance within the warranty period.
6.8 At the Consumer's request, the Operator shall provide the Consumer with a warranty certificate. If the nature of the Goods so permits, it shall be sufficient to issue the Consumer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate. The warranty certificate must contain the name and surname, name or business name, registration number and registered office of the Operator.
6.9 In the event that the Consumer exercises its right to have the Goods repaired for defects in the Goods for which a business other than the Operator, whose registered office or place of business is in the same location as the Operator or in a location closer to the Consumer, is designated for the purpose of warranty repairs, the Consumer shall exercise the right to warranty repairs with that business.
6.10 Claims for Goods, including the rectification of defects in the Goods, must be settled without undue delay, not later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
6.11 The time limit for the settlement of the claim shall be suspended if the Operator has not received all the documents necessary for the settlement of the claim until the documents are delivered.
6.12 The Operator or its nominee shall, after the claim has been properly dealt with, invite the Consumer to take delivery of the repaired Goods.
6.13 The right to exercise the rights arising from defects in the Goods shall be extinguished in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling of the Goods, i.e. in particular in case of use of the Goods in conditions which do not correspond to the parameters specified in the documentation for the Goods.
7.1 The Operator is legally obliged to protect and secure the personal data provided. The Operator therefore uses various effective security technologies to protect personal data from unauthorised disclosure or use.
8 Using the E-shop
8.1 The Operator hereby grants the User a non-exclusive licence to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.
8.3 The Operator shall have the right to limit or interrupt the functionality of or access to the E-shop for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.
8.4 The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.
8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or of valid and effective legislation, the Operator shall have the right to cancel the User's account.
9 Statement of the Operator
9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
9.2 As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount that is grossly inadequate to the usual market price for such Goods; in such case, the Operator shall not be obliged to deliver the Goods at the displayed purchase price, but shall contact the User and inform the User of the actual purchase price of the Goods in question and the User shall have the right to decide whether to accept the Goods at the actual purchase price, failing which the Purchase Agreement shall be cancelled from the outset.
9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a misleading impression due to their conversion to display on the User's technical device, therefore the User shall always read the full description of the Goods in question and contact the Operator in case of any ambiguity.
9.4 The Operator's contact details for communication with the User are provided in the user interface of the E-shop in the Contacts section.
10 Applicable law
10.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic, in particular the Civil Code.
11.1 These Terms and Conditions come into force on 21.7.2023
Annex 1 - Withdrawal Form
(Please fill in this form and send it back only if you want to withdraw from the contract. The form must be printed, signed and sent scanned to the email address below or included in the parcel with the returned goods).
Internet shop: www.geneagram.com
Company: Geneagram s.r.o
Based: Okružní 2357, Mělník, 27601, Czech republic
Phone: +420 721 162 066
I hereby give notice that I withdraw from the contract for the purchase of these goods (*)/the provision of these services (*):
• Date ordered (*)/date received (*)
• Order number
• The funds for ordering, or even for delivery, have been sent in the manner (*) and will be returned in the manner (in case of transfer to an account, please send the account number) (*)
• Consumer's name and surname:
• Consumer's address:
In ………………………………., on …………………………………
(*) Strike out those that do not apply or fill in the data.