Terms and Conditions

I.

Basic Provisions

  1. These General Terms and Conditions of Business (hereinafter referred to as Terms and Conditions) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as Civil Code)
    • Generative AI s.r.o.
    • IČ: 21282625
    • With registered office: Kurzova 2222/16, Stodůlky, 155 00, Prague
    • email : support@textie.ai
    • These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside his/her business activity as a consumer or within the scope of his/her business activity (hereinafter: "buyer") through the web interface located on the website available at https://textie.ai (hereinafter: "internet shop"). 
    • The Terms and Conditions are an integral part of the Purchase Agreement. Divergent provisions in the purchase contract take precedence over the provisions of these terms and conditions.
    • These Terms and Conditions and the Purchase Contract are concluded in the Czech language. 

II.

Service and price information

  1. Information about the service, including the prices of each type and its main features are listed in the catalogue of the online store. The prices of the service remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
  2. Any presentation of the service placed in the catalogue of the online shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding this service. 
  3. Possible discounts with the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise. 

III.

Order and conclusion of the purchase contract

  1. Costs incurred by the buyer when 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. These costs do not differ from the basic rate.
  2. The buyer orders the service in the following ways:
  3. through his/her customer account, if he/she has previously registered in the online shop,
  4. by completing the order form without registration.  
  5. When placing an order, the buyer selects the service they are ordering.
  6. Before submitting the order, the buyer is allowed to check and modify the data he/she has entered in the order. The Buyer sends the order to the Seller by clicking on the Send Order button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.
  7. Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the seller to the buyer's email address. 
  8. All orders accepted by the seller are binding.

IV.

Customer Account

  1. Based on the Buyer's registration made in the online store, the Buyer can access his/her customer account. From his/her customer account, the buyer can order the service.
  2. When registering for a customer account and when ordering a service, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering the service is considered correct by the Seller.
  3. Access to the customer account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
  4. The Buyer is not entitled to allow third parties to use the customer account.
  5. The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.
  6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V.

Payment Terms and Service Delivery

  1. The buyer may pay the price of the service according to the purchase contract in the following ways:
    • cashless by credit card
    • cashless by PayPal
  2. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
  3. Because the service has digital content, the service will not be delivered to the buyer on a tangible medium, but will be digitally transferred to the buyer's user account.

VI.

Subscription cancellation

  1. The Purchaser has the right to withdraw from the Service Subscription Agreement and cancel their subscription at any time without giving any reason. In this case, the service will be accessible until the end of the paid period.
  2. The cancellation must be notified to the Seller via the user account in the online shop or in writing via the contact form.
  3. The buyer has the right to cancel the subscription with a refund of the first payment within three days of the start of the subscription, .
  4. The Purchaser has the right to cancel the subscription to the Service and request a full refund of the first payment, provided that the Purchaser exercises this right within three (3) days of the commencement of the subscription and has not used more than 50% of the total number of credits allocated for the subscription period.
  5. In the event that the Buyer exercises the right to a full refund of the first payment, the Seller shall refund the amount to the bank account from which the payment was made within fourteen (14) days of receipt of the notice of cancellation, provided that the above conditions have been met.
  6. The Buyer must inform the Seller in writing by email to support@textie.ai or by using the contact form to withdraw from the Contract and request a full refund of the first payment.
  7. If the Buyer cancels the subscription after the three-day period or after more than 50% of the credits have been used, the cancellation terms set forth in this section shall apply without any right to a refund of the subscription amount already paid.

VII.

Right from defective performance

  1. The purchaser has the right to withdraw from the contract, 
    • always until the end of the subscription period, 
  2. The Seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible, including, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of settlement the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair, or written justification of the rejection of the complaint.
  3. The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline shall be deemed a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claiming shall be deemed to be the moment when the buyer's expression of will (exercise of the right from defective performance) reaches the seller.
  4. The Seller shall inform the Buyer in writing of the outcome of the claim. 
  5. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect, or if the buyer himself caused the defect.
  6. In the case of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
  7. The buyer has the choice of the method of claim.
  8. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by §§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII.

Delivery

  1. The Parties may deliver all written correspondence to each other via an electronic account. 

IX.

Out of Court Dispute Resolution

  1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
  2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No.2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. The seller is authorised to sell the service on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

X.

Concluding provisions

  1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
  2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
  3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
  4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or make unauthorized use of the software or other components that make up the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent. 
  5. The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
  6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  7. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
  8. An annex to the terms and conditions is a sample withdrawal form.

These terms and conditions shall take effect on  1.3.2024.