Terms and Conditions

Basic data
Shop operator: Family Relax s.r.o.
Headquarters: Fibichova 234/6, 466 06 Jablonec nad Nisou, Czech Republic
Company registration number: 10920048
VAT ID: CZ10920048
Establishment: Family Relax s.r.o., Schovaná 4742, 468 01 Jablonec nad Nisou, Czech Republic

The company is registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 47212

Bank connection
ČSOB, a.s., account number: 298791721/0300
IBAN: CZ91 0300 0000 0002 9879 1721
BIC/SWIFT: CEKOCZPP

Telephone contact
+420 732 703 435

Email
[email protected]

Operating hours
Monday-Friday: 9.00 - 18.00, Saturday: 9.00 - 12.00

Showroom / establishment: by prior arrangement

1. General provisions

1.1 The Terms and Conditions are valid for purchases made in the Family Relax online shop, which is operated on the website located at the following internet address: https://www.familyrelax.cz through the interface of the website and these terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the seller (hereinafter referred to as the "seller") and another natural or legal person (hereinafter referred to as the "buyer"). In the purchase contract, the seller undertakes to hand over to the buyer the item that is the subject of the purchase and to allow him to acquire ownership of it, and the buyer undertakes to take over the item and pay the purchase price to the seller. According to the General Terms and Conditions of Business (hereinafter referred to as the "GTC"), the buyer is a natural person in the capacity of a consumer or an entrepreneurial natural person or a legal entity.

A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with the Seller or otherwise deals with him.

All contractual relations are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, the relationships not regulated by the Terms and Conditions are governed by the New Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.), all as amended. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English. The contract of sale can be concluded in both Czech and English.

1.2 These Terms and Conditions are valid for all purchase contracts concluded between the Seller and the Buyer. The Seller reserves the right to change the terms and conditions. The Seller shall announce the amended terms and conditions in an appropriate manner on the website http://www.familyrelax.cz as well as in your establishment. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

1.3 By concluding the Purchase Agreement, the Buyer confirms that he/she has read these Terms and Conditions, the Complaints Procedure, the Privacy Policy, the Conditions of Transportation, and that he/she expressly agrees to them. The buyer is notified of the terms and conditions sufficiently in advance of the actual execution of the order and thus has the opportunity to familiarize himself with them. The concluded contract is archived by the seller for the purpose of its successful execution and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract is available from the ordering process in the online shop www.familyrelax.cz and the buyer has the opportunity to check the order and correct it if necessary before the actual dispatch of the order. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

2. Conclusion of the purchase contract

2.1 On the website of the online store you will find the goods offered for sale by the Seller, including the prices of individual items. The prices of the goods are listed for the product including VAT and all related charges. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed on the online shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

2.2.1. To order goods, the buyer fills in the order form on the website of the online store. The order form contains in particular information about: the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop), and information about the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").

2.2.2. An order for goods created on the website is a proposal for the conclusion of a purchase contract. Before the order is sent to the supplier, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The prices of the goods are valid at the time the order is placed.

2.3.1. After sending the order, the Seller informs the Customer of the acceptance of this order by e-mail to the address provided by the Buyer. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by phone). This message of acceptance of the order is considered as confirmation and acceptance of the offer to conclude the contract made by the buyer, and thus the purchase contract between the seller and the buyer is also concluded.

2.3.2. If the consumer places an order by means of a means of distance communication, the trader is obliged to acknowledge receipt of the order immediately by means of a means of distance communication; this does not apply when the contract is concluded exclusively by electronic mail or similar individual communication. Where the contract is concluded by electronic means, the trader shall provide the consumer with the text of the general terms and conditions in addition to the text of the contract.

2.4 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

2.5 All presentation of goods placed in the web interface of the shop is informative. The resulting contract may only be amended or cancelled by agreement of the parties or for legal reasons. The Seller reserves the right, among other things, to cancel the order or part of it if: a) the goods are no longer manufactured, b) the goods are no longer delivered, c) the price of the supplier of the goods has changed significantly, or d) the goods are displayed on the Seller's website at an obviously erroneous price. If the buyer has already paid part or all of the purchase price, this amount will be refunded.

2.6 No rights of the buyer may be exercised in respect of gifts that are provided free of charge. Such goods fulfil the conditions of a gift contract and are governed by the valid and effective legislation for gift contracts. The gift contract is concluded between the seller and the buyer with the condition that if the buyer withdraws from the purchase contract within the 14-day period pursuant to §1829 paragraph 1 of the Civil Code, the consumer is obliged to return the gifts provided together with the purchased goods to the seller.

2.7 The Seller reserves the right to cancel the order for goods marked "Out of stock" in the event that the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the Buyer does not accept this before the actual formation of the purchase contract. The Seller shall inform the Buyer of this situation. If part or all of the order has been paid, the money will be refunded to the buyer.

2.8 According to the amendment to Act No. 235/2004 Coll., on value added tax, as of 1 January 2013, it is not possible to change the data in a tax document (invoice) that has already been issued. The data in the tax document (invoice) can only be changed if the customer has not yet received the goods and has not paid.

3. Payment terms and price of goods

3.1 The price information provided by the Seller is binding except for obvious error. The Seller reserves the right to change prices. Valid prices are confirmed to the Buyer by the Seller at the time of order confirmation.

3.2 The payment condition is payment in cash upon handover of the object of performance or the possibility to use other methods of payment, which are listed below. The Seller shall be entitled to require a deposit of up to 100 % of the order value prior to delivery. Upon payment of the deposit, the goods are shipped with the tax document - Invoice and are sent to the Buyer either in electronic form, which the Buyer agrees to, or at the same time as the goods in paper form.

Payment methods:

cash (personal collection)
transfer to account
credit card (online payment via internet)
cash on delivery only in the Czech Republic and Slovakia (the cash is authorized to be received by an employee of the transport company, who will issue a receipt)

3.3 Installation of the goods and assembly are not part of the purchase contract.

3.4 Together with the purchase contract, the buyer is also obliged to pay the supplier the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3.5 The Seller does not require a deposit or other similar payment from the Buyer. Exceptions are specific instruments or custom-made instruments, where a deposit may be required by agreement between the Seller and the Buyer. This is without prejudice to the provisions of Article 3.2 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

3.6 In case of non-cash payment, the buyer is obliged to pay the purchase price together with the variable symbol of the payment (order number). In the case of non-cash payment, the Buyer's obligation to pay the price is fulfilled when the relevant amount is credited to the Seller's account.

3.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

3.8 On the basis of the Purchase Agreement, the Seller shall issue a tax document to the Buyer. The Seller is not a payer of value added tax.

3.9 The prices quoted for the goods are inclusive of VAT and recycling charges.

4. Transport, personal collection and delivery of goods

4.1 Deliveries of the subject of performance will be made as soon as possible according to the availability of products and operational capabilities of the supplier, goods in stock usually 1 - 5 working days. If the goods are not in stock and in exceptional cases the delivery time may be longer.

4.2 The place of collection is determined on the basis of the Buyer's order. The Buyer shall select the methods of transport and delivery of the goods in the order process. The goods can be picked up in person at the entrepreneur's business premises at Schovaná 4247, 468 01 Jablonec nad Nisou, or delivered by courier to the Buyer's delivery address or picked up at the address of the selected delivery point specified by the Buyer in the order. Delivery of the item to the address specified in the Buyer's order shall be deemed to have been fulfilled. The carrier shall deliver the item in coordination with the buyer behind the first lockable door.

4.3 Unless otherwise agreed or contractually stipulated, the installation of the object of performance and moving into the apartment are not part of the delivery. Delivery to the address specified by the Buyer shall be provided by the Seller. The shipment with the goods shall normally contain instructions for use of the product in the Czech language and a warranty certificate (if the manufacturer attaches it to the product) or in English in the case of delivery abroad. The invoice for the shipped goods is sent by e-mail or in paper form and you can also find it (after logging in) on your account at www.familyrelax.cz. When collecting in person at the shop, you will receive a printed receipt on the spot or it will be sent electronically to the customer's e-mail address.

4.4 Transportation of goods is provided by the Seller to the specified address and delivery points. The cost of transport of the goods varies according to the chosen method of transport and the place of delivery. The specific method of delivery is chosen by the buyer when creating the order. The possible method of transport and the conditions of delivery of the goods are listed on the website www.familyrelax.cz in the Transport section.

4.5 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.

4.6 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery. The Buyer shall be notified of this fact by the Seller.

4.7 Upon receipt of the goods from the carrier, we recommend that you thoroughly inspect the goods immediately upon receipt. If the packaging is damaged or there are any other facts which indicate that the goods themselves may be damaged. We recommend that you do not accept the shipment or make a note of the damage to the shipment with the driver of the shipping service. We also recommend that you create photo documentation of the damaged shipment. A written record of the damage will facilitate the resolution of any claim.

4.8 By signing the delivery note to the carrier, the customer agrees to accept the goods and confirms that the shipment is not mechanically damaged. Therefore, before signing, check the packaging carefully and, in the case of goods packed in plastic film, the goods themselves.

4.9 Incomplete or damaged shipments must be reported immediately to [email protected], an additional claim of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that it is not a breach of the purchase contract.

4.10. The shipping companies reserve the right to verify the identity of the buyer or the person authorized to collect the goods by personal collection of the goods at their premises in cases where the delivery of goods is paid in advance by the buyer by card, bank transfer or invoice with due date.

4.11. By not accepting the shipment, the customer undertakes to pay the sender (seller) the costs of packing, shipping and returning the undelivered, undamaged shipment.

4.12. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

5. Withdrawal from the Purchase Agreement

5.1 The buyer has the right to withdraw from the contract in accordance with the provisions of the Civil Code within 14 days from the receipt of the goods without giving any reason, if the contract was concluded by distance (by means of distance communication). The time limit under the first sentence runs from the date of conclusion of the contract and if it is

a) the purchase contract, from the date of receipt of the goods,
(b) a contract for several goods or for the supply of several parts, from the date of acceptance of the last delivery of the goods; or
(c) a contract the subject of which is a regular recurring supply of goods, from the date of receipt of the first delivery of goods.

5.2 The Buyer has the right to withdraw from the order at any time before the goods are dispatched without any penalty. Cancellation can be made either by phone (tel.: +420 732 703 435) or by email: [email protected]. The buyer may send the withdrawal from the purchase contract to, among other things, the address of the seller's premises and the consumer shall indicate in it that he/she is withdrawing from the contract, ideally with the order number, date of purchase and, if applicable, the account number for the refund.

5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 4.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature. The buyer has the right to return the goods within 14 days without giving any reason and to a refund in the same way as the payment was made.

5.4 If the goods are purchased in the course of a trade or business, the right of withdrawal does not arise.

5.5 In order to exercise your right to withdraw from the contract, you must inform the seller (Family Relax s.r.o., Fibichova 234/6, 466 06 Jablonec nad Nisou, Czech Republic, e-mail: [email protected] by unilateral legal action (for example, through a postal service provider or by email). You can use the attached sample withdrawal form, but you are not obliged to do so. You can use the SAMPLE withdrawal form download here.

5.6 In order to comply with the time limit for withdrawal from this contract, it is sufficient to send the withdrawal before the expiry of the relevant time limit.

5.7 If you withdraw from the Contract, we will refund all payments we have received from you, including delivery costs, without undue delay and no later than 14 days from the date we receive your notice of withdrawal (excluding any additional costs incurred as a result of your chosen method of delivery being other than the cheapest standard delivery method offered by us). We will use a bank transfer or postal order to refund payments unless you specifically state otherwise. In no case will this incur additional costs for you. We will only refund payment once we have received the returned goods or if you can prove that you have sent the goods back, whichever is sooner.

5.8 Send the goods back without undue delay, no later than 14 days from the date of withdrawal from the contract, or hand them over to the address of the seller (Family Relax s.r.o., Fibichova 234/6, 466 06 Jablonec nad Nisou). The deadline is considered to be maintained if you send the goods back to us before the expiry of 14 days.

5.9 The Buyer shall bear the direct costs of returning the goods. Send the goods by the usual postal route, if this is not possible due to the nature of the matter, use one of the shipping services. Pack the returned goods carefully to prevent damage during transit. Do not send the goods back on COD. The shipment will be refused

5.10. The Buyer acknowledges that if the goods returned to the Supplier are damaged, worn out or partially consumed, the Supplier shall be entitled to compensation for damages incurred by the Buyer. The Buyer shall only be liable for any diminution in the value of the goods as a result of handling the goods other than that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality. If the goods are accompanied by a gift, the buyer is obliged to return the gift to the seller together with the goods. The Seller is entitled to unilaterally offset the claim for payment of the damage incurred against the Buyer's claim for reimbursement of the purchase price. Ordinary damage to the original packaging caused by unpacking the goods cannot be considered as depreciation of the goods. The seller is only entitled to compensation for the actual costs incurred in returning the goods.

5.11. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in the manner in which the goods were paid for, unless the parties agree otherwise on the method of payment.

5.12 However, the provisions of the Civil Code on withdrawal from the contract within 14 days pursuant to Section 1829(1) of the Civil Code cannot be understood as an option for free loan of goods. If the buyer exercises his right of withdrawal within 14 days of receipt of the goods pursuant to Section 1829(1) of the Civil Code, he must, within 14 days of withdrawal, hand over to the seller everything he has received under the contract in question, including, for example, gifts. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the buyer must provide monetary compensation in return for what can no longer be handed over. If the returned goods are partially damaged, the seller may claim damages from the buyer and set off his claim against the returned purchase price and reimburse the consumer for the reduced purchase price in accordance with Section 1833 of the Civil Code.

5.13. Except where withdrawal is expressly agreed, the Buyer may not withdraw from the Contracts pursuant to paragraph 5:

for the provision of services, if the performance of the services was started with his consent before the expiry of the period of 14 days from the acceptance of the performance
for the supply of goods or services whose price depends on financial market fluctuations independent of the seller's will
for the delivery of goods adapted to the purchaser's wishes or for his person, as well as goods which are subject to rapid deterioration, wear and tear or obsolescence
for the delivery of audio and video recordings and computer programs if the buyer has damaged their original packaging
for the delivery of goods sold in hygienic packaging and the packaging has been broken

6. Rights and obligations arising from defective performance

6.1 Quality on acceptance

6.1.1 The rights and obligations of the parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

6.1.2.If the goods received have defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.

6.1.3. The Buyer may claim from the Seller, within two years of receipt of the goods, a free remedy for the defect or a reasonable discount on the price, if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be remedied without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects, if the defect concerns only that component.

6.1.4. If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.

6.1.5 Within six months of receipt of the goods, it is presumed that the defect already existed when the goods were received.

6.1.6. The Seller shall not be obliged to satisfy the Buyer's claim if it proves that the Buyer knew about the defect of the goods or caused it himself prior to acceptance.

6.1.7.For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed, for the wear and tear of the goods caused by their normal use, for used goods for the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

6.2 Legal rights from defects

6.2.1. The Seller is liable for defects arising after the receipt of the goods within the 24-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods or in the enclosed instructions.

6.2.2. Within this period, the Buyer may make a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremovable):

remedy the defect by supplying a new item without defect or by supplying the missing item
removal of the defect by repair free of charge
a reasonable discount on the purchase price
refund of the purchase price on the basis of withdrawal from the contract

6.2.3 A material breach of the contract is one which the party in breach of contract knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.

6.2.4.In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or a reasonable discount from the purchase price. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of a part or to repair, he may claim a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.

6.2.5.If a repairable defect has occurred repeatedly after the repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.

6.2.6 The Seller shall not be liable for defects resulting from normal wear and tear or failure to follow the instructions for use.

6.2.7. Unless a longer period of time is specified for the individual goods, the Buyer is entitled to exercise the right from a defect occurring in the consumer goods as follows: (a) for new goods within twenty-four months of receipt; (b) for unpacked goods within twenty-four months of receipt; (c) for replacement goods in accordance with Section 2168 of the Civil Code within twenty-one months of receipt; and for used goods in accordance with Section 2168 of the Civil Code within twelve months of receipt. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.

6.2.8 Unless otherwise specified for individual goods, the Seller provides a warranty of quality to the person purchasing in the course of his business for a period of twenty-four months from the date of receipt for new and unpacked goods, twenty-one months from the date of receipt for replacement goods and twelve months for used goods.

Unpacked goods are those which have only been unpacked or have damaged or replacement packaging, and such goods have not been used and the contents of the packaging are complete;

Goods which may have been tried on or used for a short period of time and which may bear aesthetic traces of such use, but which do not affect their usability and which are fully functional, are considered to be new. Second-hand goods are those which have been used and show signs of previous use but are fully functional and all necessary accessories are always included.

6.2.9. The right of defective performance does not belong to the buyer if the buyer knew before taking over the goods that they have a defect or if the buyer caused the defect himself.

7. Complaint handling

7.1 The Buyer is obliged to file a claim with the Seller or a person designated for repair without undue delay after the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner in which the complaint is to be handled. A simple procedure for making a complaint can be found in the Complaints Procedure. You can use the attached sample form, but it is not your responsibility to do so. Complaint form - download here.

7.2 The Buyer is obliged to inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. A change of choice without the consent of the Seller is only possible if the Buyer has requested the repair of a defect that proves to be irremediable.

7.3 If the Purchaser fails to exercise its right from a material breach of contract in time, it shall have the same rights as in the case of a non-material breach of contract.

7.4 The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The time limit for the settlement of the claim starts from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.

7.5 The Seller shall decide on the complaint immediately, in complex cases within 3 working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint shall be settled without undue delay, at the latest within 30 calendar days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.

7.6 If it is a defect that cannot be removed but does not prevent the proper use of the product, the buyer may demand a reasonable price reduction or withdraw from the contract.

7.7 The quality guarantee is extended by the time from the time the claim is made until the claim is settled or until the time when the buyer was obliged to collect the item. In the event of an unjustified claim, the quality guarantee shall not be extended.

7.8 The Supplier shall inform the Buyer of the settlement of the complaint by SMS or e-mail.

7.9 After the claim has been settled, the Seller shall issue the Buyer with a written confirmation of the repair and the duration of the repair. In the case of a rejected claim, the Seller shall issue the Buyer with a written justification for such rejection.

7.10. In the case of a legitimate claim, the Buyer is entitled to compensation for costs reasonably incurred.

8. Use of the website

By using the Family Relax s.r.o. website, you agree to use this website in accordance with all applicable laws, rules, regulations and these terms and conditions at all times. The following is a non-exhaustive list of prohibited uses of this website. You agree not to make any of the following prohibited uses:

Impersonate or attempt to impersonate Family Relax s.r.o. or its employees, agents, subsidiaries or divisions.
Sending or attempting to send any advertising or promotional material, including, but not limited to, spam, junk mail, chain mail or any similar material;
Use the Website in a manner that could disable, overburden, damage or impair the Website or interfere with another party's use of the Website;
Use of any robot, spider or other similar automated technology, process or device to access or use the Website for any purpose, including viewing or copying any material on the Website;
Use of any device, software, means or process that interferes with the proper functioning of the Website, including, without limitation, viruses, Trojan horses, worms, logic bombs or other similar means;
Attempts to gain unauthorised access to, interfere with, damage or disrupt any part of the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website;
Otherwise attempt to interfere with the proper functioning of the Website;
Use the Website in a manner that violates any applicable law, rule or regulation of any province, territory, state or country.

To the extent permitted by law, this Website is provided "as is", No express warranty is made with respect to this Website. Please note that you may have additional legal rights provided by consumer protection laws. These rights are not affected by these Terms.

9. Compensation and limitation of liability

9.1 In no event shall Family Relax s.r.o. be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, in connection with or in any way connected with your access to, display or use of this Website or any delay or inability to access, display or use this Website.

9.2 This limitation of liability reflects the allocation of risk between you and us. The limitations set out in this section shall survive and apply even if any limited remedy set out in these Terms and Conditions of Use is found not to have fulfilled its essential purpose. The limitations of liability set forth in these Terms and Conditions of Use are for the benefit of Family Relax Ltd. Family Relax Ltd's total liability arising out of or in connection with this Website, whether arising out of breach of contract, tort (including negligence) or otherwise, is limited to the amount of fees actually received by Family Relax Ltd from you.

Please note that you may have additional legal rights under consumer protection laws. These rights are not affected by these terms and conditions.

10. Links to third party websites

This website may contain hyperlinks to websites operated by third parties and not by us. We provide these hyperlinks for your information only. We do not control these websites and are not responsible for their content or the privacy or other practices of these websites. Further, it is your responsibility to take steps to ensure that any link you click on or software you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, Trojan horses, bugs and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply that we endorse the material on those websites or that we are affiliated with their operators.

11.Intellectual Property Notice and DMCA

All content on this website is the property of ©2021 - 2022 Family Relax s.r.o. or third parties. All rights reserved. Unless otherwise indicated, this Website and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, images, information, data, software, sound files and the arrangement thereof (collectively, the "Content") are the property of Family Relax s.r.o. and are either registered trademarks, trademarks or otherwise protected intellectual property of Family Relax s.r.o. or third parties in the Czech Republic and/or other countries.

If you are aware of a possible infringement of our intellectual property, please contact Family Relax s.r.o. at [email protected].

12. Privacy Policy

12.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EU) 2016/679 (GDPR), which is detailed in the section Protection of personal data of customers.

12.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, e-mail address, telephone number. In the case of a purchase as a legal entity, the identification number, tax identification number (hereinafter collectively referred to as "personal data").

12.3 The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement, for the purposes of maintaining the User Account and for the purposes of sending information and commercial communications to the Buyer.

12.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

12.5 Data about your activities, your purchases (necessary to ensure delivery of goods, handling of complaints, etc.) are stored in a secure database and are not disclosed to third parties. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in hard copy in a non-automated manner.

12.6 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.

12.7 In the event that the Buyer believes that the Seller carries out processing of his personal data that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with respect to the purpose of its processing, he may:

12.7.1. Ask the Seller for an explanation

12.7.2. Require the Seller to remedy the condition so created. In particular, this may involve blocking, correcting, supplementing or destroying personal data. If the Buyer's request pursuant to the preceding sentence is found to be justified, the Seller shall immediately remove the defective condition. If the Seller does not comply with the request, the Buyer has the right to contact the Data Protection Authority directly. This provision shall be without prejudice to the Buyer's right to address his complaint directly to the Data Protection Authority.

12.8 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information.

12.9 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

12.10. The customer may withdraw his/her consent to the storage and processing of personal data or to the sending of commercial communications at any time by sending an email message to [email protected] or notify the Seller by telephone.

12.11 The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address.

13. Sending commercial communications and Cookies

13.1 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

13.2 In order to improve the service provided to you, our site uses cookies. Cookies are small files that store information in your browser and are commonly used to distinguish individual users. However, the user's person is not identifiable on the basis of this information. Cookies thus help, for example:

to ensure the correct functionality of our site so that you can complete the purchase process with the least possible inconvenience
in remembering our customers' login credentials so they don't have to enter them every time
to find out which pages and features visitors use most often - so we can best tailor our offer to your requirements
they help us find out which ads visitors view most often, so that they don't see the same ads over and over as they browse, or so that they don't see ads for products they're not interested in

14. Dispute Resolution

14.1 Disputes between the Seller and the Buyer shall be settled by the ordinary courts.

14.2 The Buyer may contact dTest, o.p.s. for advice on his/her consumer rights via www.dtest.cz/poradna or call 299 149 009.

14.3. The Czech Trade Inspection Authority is competent for out-of-court settlement of consumer disputes arising from a purchase contract (www.coi.cz) and follow the rules set out there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. It is also possible to initiate alternative dispute resolution via the online form on the https://webgate.ec.europa.eu/odr/.

14.4 The Seller shall handle the Buyer's complaints via an electronic address: [email protected]. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.

15. Final Provisions

These Terms and Conditions shall take effect on 1 July 2021 and shall supersede all previous provisions and practices. The Seller reserves the right to change these terms and conditions without prior notice (which shall not affect orders concluded up to that time, however, for which the wording of the terms and conditions at the time of conclusion of the contract shall apply).

15.1 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

15.2 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

15.3 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

15.4 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

15.5 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

15.6 The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

15.7 Contact details of the Seller: delivery address Family Relax s.r.o., Fibichova 234/6, 466 06 Jablonec nad Nisou, e-mail address: [email protected], phone: +420 732 703 435.

These terms and conditions are for purchases in the Family Relax s.r.o. online shop at https://www.familyrelax.cz valid and effective from 1 July 2021.

In Jablonec nad Nisou on 1.7.2021