Contact information
- Mystorie s.r.o.
- Čs. armády 251, 263 01 Dobříš, Czech Republic
- IN: 17577888
- VAT: CZ17577888
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© 2022 LifeStorie - All rights reserved
for the sale of services (membership with data capacity) in force from 7 November 2022.
These General Terms and Conditions (the “Terms”) of Mystorie s.r.o., ID No.: 175 77 888, with the registered office at Čs. armády 251, 263 01 Dobříš, registered in the Commercial Register of the Municipal Court in Prague, file reference C 373185, organized under the laws of the Czech Republic (“LifeStorie”), apply to the relations between LifeStorie and the User in connection with the provision of software or other Products developed and offered by LifeStorie (the “Product”).
LifeStorie provides the Product for valuable consideration, whereby:
The Product and price information quoted by LifeStorie is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges applicable in the Czech Republic, but exclusive of shipping.
The Purchaser acknowledges that the final prices of the Products may be quoted after rounding to the nearest whole Czech koruna in accordance with applicable legislation. Therefore, in specific cases, the final sum of the prices of the Products ordered simultaneously may differ slightly from the mere total sum of the listed prices.
Acceptance of an offer with an amendment or derogation is not deemed acceptance thereof. Confirmation of the content of an agreement concluded in a non-written form derogating from the actual agreed content of the agreement will carry no legal effects.
Acceptance of unsolicited performance by the Purchaser will not be deemed acceptance of an offer.
Unless otherwise specified by LifeStorie, any gifts and other bonuses granted by LifeStorie to the Purchaser in addition to the Products ordered will not carry liability for defects described below.
The agreement is concluded once LifeStorie confirms the order to the Purchaser. By concluding the agreement, the Purchaser confirms that he/she has read and agrees to these Terms.
The Purchaser acknowledges that the purchase of Products from LifeStorie´s commercial offering will not confer any rights to use registered trademarks, trade names, company logos or other legally protected designations belonging to LifeStorie or its business partners, unless otherwise agreed in a specific agreement.
LifeStorie commits to deliver the Product to the Purchaser and to allow the Purchaser to acquire title to and use the Product (insofar as a tangible item is a part thereof) by physical delivery, over the internet or other agreed means, and, to the extent the Product is or includes a copyrighted work, to license the use of the Product. LifeStorie will deliver the Product in the agreed quantity. The quality and workmanship will be consistent with the Product information provided by LifeStorie.
Delivery times depend on the nature of the Product ordered and the shipping method chosen by the Purchaser. Delivery times are shown for each Product on the LifeStorie website.
LifeStorie will fulfil its obligation to deliver the Product to the Purchaser by allowing the Purchaser to take possession of the Product at the place of performance and informing the Purchaser of this fact in good time.
The Purchaser is obliged to take delivery of and pay for the Product. The Purchaser will not become the owner of the Product and, in the case of digital content, the licensee until full payment of the purchase price to LifeStorie.
If the Product is a digital content, LifeStorie will deliver it electronically. Authorization to use the content will be provided by LifeStorie to the Purchaser in the form of a code sent by email, provided on printed materials, or by direct upload to a LifeStorie account selected by the Purchaser. LifeStorie account is a precondition for using the Product. If the digital content requires transmission or installation on computers, LifeStorie will allow the Purchaser to download such content.
If the Purchaser is an Organization, LifeStorie or its business partner may condition the release of the Product on the presentation of a personal document of the receiver of the Product or a power of attorney granted by the Organization´s statutory representative (if that person is not a statutory representative himself/herself).
Product documents, in particular the tax invoice, receipts and certificates will be sent by LifeStorie to the Purchaser within two business days of the receipt by the Purchaser of the Product. Unless otherwise agreed, LifeStorie will send the documents to the Purchaser in electronic form. In this case, the tax invoice is in PDF format and bears an electronic mark based on a qualified certificate and meets all legal requirements of the Czech Republic and EU directives.
If requested by the Purchaser, LifeStorie will confirm to the former in writing the extent and duration of LifeStorie´s obligations arising from defective performance and inform the Purchaser how to enforce his/her rights thereunder.
Individuals:
1.Shipping method | Price incl. VAT | Note |
Delivered via internet | free of charge | only for software or other digital content without a tangible medium |
2.Accepted payments | |
Payment method | Price incl. VAT |
Apple pay | free of charge |
Google Pay | free of charge |
The Purchaser is entitled to withdraw from the agreement at any time prior to delivery of the Product.
The Purchaser is a consumer
The consumer may withdraw from an agreement concluded via the internet or telephone within 14 days of receipt of the Product or the last part of the delivery, irrespective of the method of receipt of the Product or payment.
The consumer is not allowed to withdraw from the agreement if the Product ordered is:
The Consumer will send or deliver the withdrawal notice to LifeStorie within the specified period and is not required to state the reason. To facilitate communication, the notice should include the date of purchase or order number, the bank account and the selected method for returning the Product.
LifeStorie is obliged to refund to the Consumer the full price of the Product and shipping within 14 days of withdrawal from the agreement, using the same method as the Consumer for the original payment. If several options for the delivery of Products are offered by Lifestorie, only the cheapest of these options will be refunded. The Consumer will bear the costs of returning the Product.
If a gift or other bonus given to the Purchaser by LifeStorie was part of the order, the Purchaser is obliged to refrain from using the bonus and LifeStorie may prevent the Purchaser from using the bonus by technical means (e.g. by deactivation of the granted license, preventing use of the online service). If the bonus is not returned by the Purchaser, its value will be considered as Purchaser´s unjust enrichment. If the bonus cannot be returned (e.g. it has been used or cannot be reclaimed), LifeStorie is entitled to demand financial compensation corresponding to the usual price of the bonus.
The Purchaser is an Organization
An Organization may withdraw from the agreement concluded on the internet or telephone if LifeStorie fails to perform the agreement, is more than 31 days overdue in delivering the Product, or the Product delivered suffers from a material defect.
Withdrawal notice must be in writing. To facilitate communication, the notice should include the date of purchase or order number, the bank account and the selected method for returning the Product.
LifeStorie is obliged to refund to the Organization the full price of the Product within 14 days of withdrawal from the agreement, using the same method as the Organization for its original payment.
Withdrawal from the agreement by LifeStorie
LifeStorie may withdraw from the agreement:
If LifeStorie withdraws from the agreement, the Purchaser is entitled to a refund of the price already paid for the ordered Product. However, in the event of a material breach by the Purchaser of the agreement, LifeStorie will be entitled to set off proven claims arising from the Purchaser´s breach of obligations (e.g. damages or increased costs) against the Purchaser´s claim. If the agreement is withdrawn from as a result of LifeStorie´s withdrawal from the license agreement due to Purchaser´s breach of duty, LifeStorie is not obliged to refund the price paid or any pro rata portion thereof to the Purchaser.
LifeStorie guarantees to the Purchaser that the Product is free from defects at the time of acceptance by the Purchaser, in particular that:
If a defect manifests within six months of receipt of the Product, the defect will be deemed to have been present at the time of receipt.
Deemed NOT defective are cases where:
For Products sold at a lower price, LifeStorie is not responsible for the defect for which the lower price was agreed. In such cases, the Purchaser is entitled to a reasonable discount in lieu of the right to demand replacement.
The Purchaser acknowledges that LifeStorie´s liability for defects in software or other digital content may be limited by the license agreement applicable to the particular content.
LifeStorie is liable for defects occurring after receipt of the Product within the 24-month warranty period or within the shelf life stated in the offer, on the Product packaging or in the enclosed instructions. The period expires on the same day of the month, i.e. on the day whose number coincides with the number of the day when the Product was received, only the corresponding number of months later.
Within this period, the Purchaser may submit a complaint and, at his/her option, if a defect constitutes a material breach of the agreement (depending on the nature of the defect), claim:
Deemed material breach of the agreement is where the party in breach already knew or must have known at the time of the conclusion of the agreement that the other party would not have concluded the agreement had it foreseen the breach.
In the case of a defect that constitutes an immaterial breach of the agreement (depending on the nature of the defect), the Purchaser is entitled to have the defect removed or to a reasonable discount on the purchase price.
If a repairable defect has occurred repeatedly after repair (third complaint for the same defect or fourth complaint for different defects) or the Product has a greater number of defects (at least three defects at the same time), the Purchaser may exercise the right to a discount on the purchase price, replacement of the Product or withdrawal from the agreement.
The Purchaser may claim from LifeStorie, no later than two years of receipt of the Product, a free removal of the defect or a reasonable discount on the price, at his/her discretion; the Purchaser may claim delivery of a new Product without defects or a new part without defects, if the defect relates only to this part, insofar as this claim is not disproportionate to the nature of the defect (in particular, if the defect cannot be rectified without undue delay).
If the Product cannot be replaced or repaired, the Purchaser may demand a full refund of the purchase price based on withdrawal from the agreement.
LifeStorie is not obliged to grant the Purchaser´s claim if and to the extent it demonstrates that the Purchaser knew of the defect in the Product before he/she accepted it or caused the defect himself/herself.
The Purchaser must submit a complaint with LifeStorie or the person designated to repair the defect without undue delay after discovery. If the Purchaser uses paper or electronic form, he/she should provide his/her contact details, a description of the defect and how the complaint should be resolved.
The Purchaser is obliged to inform LifeStorie of the right he/she has chosen when notifying the defect. LifeStorie is obliged to respect the right so chosen, unless the Purchaser has requested repair of a defect that proves to be irreparable. If the Purchaser fails to timely choose his/her right under a material breach of the agreement, he/she will have the same rights as under a immaterial breach of the agreement.
The Purchaser is obliged to provide proof of purchase of the Product (preferably with a receipt). The time limit for processing the complaint commences on the handover/delivery of the Product to LifeStorie or to the place designated for repair. The Product should be packed in suitable packaging to prevent damage during transportation and should be clean and complete.
LifeStorie is obliged to make a decision on the complaint without delay, within three business days at the latest, or rule that a professional assessment is required to make a decision. The Purchaser will be notified of the necessity of a professional assessment within this period. LifeStorie will settle the complaint, including the rectification of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Purchaser. After the expiration of this period, the Purchaser will have the same rights as in case of a material breach of agreement.
If LifeStorie refuses to remedy the defect, the Purchaser may demand a reasonable discount on the price or withdraw from the agreement.
The warranty period will be extended for the period from submission of the complaint until its resolution or until the Purchaser is obliged to collect the item. If the Product or part thereof is replaced, LifeStorie´s liability will apply to the same extent as if a completely new Product or a part thereof has been purchased.
If it is not possible to track the status of the complaint online, LifeStorie undertakes to inform the Purchaser of the result by e-mail or SMS as requested.
In the case of a legitimate complaint, the Purchaser is entitled to reimbursement of the costs reasonably incurred.
Details of the scope of data processing are described in a separate Privacy Notice.
Any disputes between LifeStorie and the Purchaser will be resolved by the general courts of the Czech Republic.
The Purchaser – Consumer, has the right under Act No. 634/1992 Coll., on consumer protection, as amended, to an out-of-court settlement of a consumer dispute under the agreement. The Czech Trade Inspection Authority is the entity authorized to handle out-of-court dispute resolution and supervise compliance with the Act. Further information is available on www.coi.cz.
Out-of-court dispute resolution is initiated exclusively at the Consumer´s request, and only if it has not been resolved directly with LifeStorie. Application may be filed within 1 year from the date of first exercise by the Consumer of his/her right at issue with LifeStorie.
Other matters not addressed in the Terms will be governed by the laws of the Czech Republic, in particular the civil code (No. 89/2012 Coll.), the act on consumer protection (No. 634/1992 Coll.), and other legislation.
These Terms are in force as of 7 November 2022.
