These General Terms and Conditions apply to the sale and purchase of PDF worksheets for the Kid Family English mobile app. Before you read these provisions, we would like to bring your attention to some important points:
The worksheets complement the Kid Family English app. They are not meant to be used independently as you would not be able to fully benefit from them without knowing the app and the story.
The worksheets that you will receive after making the payment are meant solely for your personal use. Their content is subject to copyright protection and may not be distributed any further (in particular on the web or any other online platforms) or made available for use to any third parties without the Seller’s prior explicit written consent.
The worksheets cannot be returned (refer to Article 5 – Rescinding the Contract). In order to enable you to make an informed decision as to whether the worksheets will meet your needs, we have posted on our website a fairly extensive sample showing various types of exercises that you will find in the worksheets.
General Terms and Conditions
1. Introductory Provisions
These General Terms and Conditions (hereinafter the “GTC”) apply to the sale of PDF worksheets for the Kid Family English mobile app (hereinafter the “Goods”) that are posted on the website available at www.kidfamilyenglish.com (hereinafter the “E-shop”).
Company: GDS POWER s.r.o., Kublov 275, 267 41
Business ID: 04652053, VAT CZ04652053
Incorporated in the Commercial Register kept by the Municipal Court of Prague, File No. C 251337.
The Buyer is a person who enters in a purchase contract with the Seller by means of this E-shop (www.kidfamilyenglish.com). The Buyer may be either a consumer or an entrepreneur.
From the legal viewpoint, the Consumer is to be understood as an individual who is not acting within their business activities or as a freelancer. If you are an individual and state a business ID in your order, you thereby execute the purchase contract as an entrepreneur.
The purchase contract is made in the Czech language, archived in an electronic form, and it is not accessible to any third parties. The contract is formed by the Buyer’s purchase order (a completed order form on our web interface), by the Seller’s acceptance thereof, and by these General Terms and Conditions. Any deviating provisions of the Contract prevail over provisions of these GTC.
The contract is made via remote communication means. You as the Buyer bear any and all costs connected with using the means of remote communication. By placing your order, you explicitly agree with the use of the remote communication means.
Any matters not defined in these General Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
The worksheets are means solely for your personal use. Digital content is subject to copyright protection and may not be distributed any further or made available for use to any third parties without the Seller’s prior explicit written consent.
2. Information About Goods and Price
Information about the Goods, price, their main features and sample is shown in the E-shop.
The price of the Goods is stated including the applicable Value Added Tax. The price is effective as long as it is displayed in the E-shop. This provision does not preclude the possibility of negotiating a purchase contract with individual terms and conditions.
All presentations of the Goods in the E-shop are purely informative and the Seller is not obliged to execute a purchase contract for such Goods.
3. Purchase Order and Contract Execution
The Buyer can place a purchase order by completing the online order form.
Before submitting an order, the Buyer is granted a chance to check and, if necessary, edit the information entered in the order. To place an order with the Seller, the Buyer needs to click on the “BUY” button. The Seller will consider the information stated in the order to be correct. An order will be valid only if all mandatory information is entered in the order form and if the Buyer confirms to have acquainted themselves with these General Terms and Conditions.
Immediately after receiving the order, the Seller shall send the Buyer a confirmation that the order has been accepted; this confirmation will be sent to the Buyer’s e-mail address specified in the order form. Such an order confirmation is deemed to represent a duly executed purchase contract. All orders accepted by the Seller are binding. The Buyer may cancel their order until the Buyer receives a message confirming that the Seller has accepted the order.
4. Terms of Payment and Delivery
The Buyer can settle the price of the Goods according to the purchase contract using any of the payment methods specified in the order form.
If the Buyer chooses to pay by a bank transfer to the Seller’s account, the Order Acceptance Confirmation will also specify the relevant bank details, in particular the bank account number and a variable symbol to identify the payment. The Buyer is obliged to specify the variable symbol in their payment order so that the payment can be matched with the order and the Buyer can thus receive the Goods faster. The purchase price is due and payable within 10 days of the purchase contract date. The Buyer’s obligation to settle the purchase price will be deemed fulfilled once the relevant amount has been credited to the Seller’s bank account.
If the Buyer chooses to pay via a payment gateway, the Buyer needs to follow the instructions displayed by the relevant electronic payment service provider.
The Goods will be delivered to the Buyer together with a tax document (proof of purchase) to the e-mail address designated by the Buyer in their purchase order; it will have the form of an e-mail attachment or a link at which the document can be downloaded or opened.
The delivery term depends on the selected payment method. The Goods will be delivered immediately after the relevant payment is received.
In view of the product nature (PDF files), there will no shipping charges applied.
Once you have received the Goods, please check whether you can access and use the content. If you encounter any insufficiencies or faults, please contact us so that we can ensure remedy.
5. Contract Rescission
Pursuant to Section 1837(l) of the Civil Code, a consumer cannot rescind a contract on digital content supply unless the content has been delivered on a tangible carrier and if it has been delivered with the Buyer’s prior explicit consent before the contract rescission term expires, provided that the Seller had informed the Buyer before the contract was executed that in such a case the Buyer would not have a right to rescind the contract.
6. Entitlements from Faulty Performance
The parties’ rights and obligations concerning rights and entitlements from faulty performance are governed by the applicable general laws and regulations in force (the Civil Code and the Consumer Protection Act).
The Seller warrants to the Buyer that the Goods show no faults and defects at the time of their reception. In particular, the Seller warrants to the Buyer that, at the time when the Buyer receives the Goods,
- The Goods have the features and properties agreed upon by the Parties or, if any such provision is missing in the contract, that the Goods have the properties described by the Seller or such that the Buyer could expect in view of the nature of the Goods.
- The Goods are fit for the purpose that the Seller has indicated for its use or for which goods of this kind are usually used.
Any rights arising from the Seller’s liability for defects are to be claimed with the Seller at the following e-mail address: firstname.lastname@example.org. A claim will be settled without undue delay, yet within maximum 30 calendar days of the claim submission date unless the Seller and the Buyer agree otherwise in writing. Once this period has expired, the consumer will have the same rights as in the case of a gross breach of the purchase contract.
7. Out-of-Court Settlement of Disputes
Should any consumer dispute arise from a purchase contract or service contract made between the Seller and the Buyer, which cannot be settled amicably by mutual agreement, the consumer may file a motion for an out-of-court settlement of such a dispute with an entity designated for consumer dispute resolution, which is the following:
Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 15
120 00 Prague 2, email: email@example.com, web: adr.coi.cz
The consumer may also use an online dispute resolution platform that has been established by the European Commission at http://ec.europa.eu/consumers/odr/.
8. Final Provisions
Any and all agreements made between the Seller and the Buyer are governed by the law of the Czech Republic. If a legal relationship established under a purchase contract contains an international element, then the Parties hereby agree that such a relationship shall be governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from general binding laws and regulations.
The purchase contract including these General Terms and Conditions is archived by the Seller in an electronic form and is not accessible to the public.
The Seller may from time to time amend the wording of these General Terms and Conditions. This provision does not affect any rights and obligations that may arise during the effective term of a prior wording of the General Terms and Conditions.
These General Terms and Conditions take effect on 30 November 2019.