GENERAL TERMS AND CONDITIONS a
LABEL COMPLAINTS PROCEDURE
Effective from: 10 October 2020
The provider of the service (hereinafter referred to as the "service") and the operator of the e-shop (hereinafter referred to as the "e-shop") "housemagazine.cz records" (hereinafter referred to as the service and e-shop together "Portal") is Jiří Tregner with its registered office at Pod hájovnou 524 , Prague, 164 00, entered in the Commercial Register kept by the Municipal Court in Prague, IČ: 01826298. (hereinafter referred to as "provider" or "seller" or the pronoun "we".)
These general terms and conditions (the "Terms") govern the mutual rights and obligations between you as the user (buyer) and us as the provider (seller). Please read these terms and conditions carefully before using the Portal; By clicking on the registration, you agree to the conditions, which thus become legally binding for you.
To use the Portal, the following hardware and software equipment on the part of the user (buyer) is required: a regular personal computer with the Microsoft Windows operating system (XP version and newer), the Linux or Mac OS X operating system, or other compatible devices.
The user (buyer) is aware that the provider (seller) does not provide technical and software equipment on the part of the user (buyer) or internet connection and that all costs associated with this are borne by the user (buyer) himself. The user (buyer) acknowledges that the quality of the service (especially the speed and quality of downloads) may largely depend on the technical equipment of the user (buyer) and the way the user (buyer) connects to the Internet.
CHANGES TO THE TERMS
These conditions can be changed by the provider. You can find the current version of the terms and conditions for printing at https://www.housemagazinerecords.com . Please familiarize yourself with the current wording of the conditions before each use of the Portal. The effective date of the current version of the terms is listed in the header of this page. If you do not agree with the current version of the conditions, do not use the Portal.
DESCRIPTION OF THE PORTAL
Within the Portal, the provider offers users via the web interface:
Downloading service, ie the possibility to download user-selected digital (on demand) content placed by the provider on the Portal and to obtain its temporary and / or permanent copy.
INTELLECTUAL PROPERTY PROTECTION
Digital content made available to users through a service ("Content") and goods sold by a buyer through an e-shop ("Goods") is usually an audio or audio-visual or video recording of a musical or audiovisual work / works (including accompanying materials) and other copyrighted items. law and other regulations for the protection of intellectual property.
The Provider (seller) is entitled to provide the Content within the service and to sell the Goods within the e-shop on the basis of contractual relations with rightholders and collective administrators.
When using the service / purchasing the Goods, the User (buyer) is entitled to use the accessible Content / purchased Goods exclusively for his own personal use. The User (Buyer) is not entitled to copy the Content, the Goods or their part in any form beyond his personal needs and is not entitled to make it available to other persons. The User is not entitled to use the Content, the Goods or their part for the purpose of obtaining any economic benefit or for business (without additional license).
The User is not entitled to change and modify the Content, the Goods or their part in any way (including conversion to another data format) or use it to create another creation, except in cases where it is a technical modification necessary to use the Content, Goods for personal use in in accordance with these conditions.
Registered and unregistered trademarks, trade names and other designations mentioned in the provision of the service, use of the e-shop and the Content, Goods and / or forming part of the Content or Goods are the property of the provider (seller) or its contractual partners and may not be further reproduced or imitated in any way. .
The User (Buyer) undertakes not to attempt to remove, change or circumvent the technical means of protection of the Content or Goods or information on the identification of rights to the Content or Goods.
The User (Buyer) undertakes not to attempt to gain access to the Content or the Goods other than in accordance with these terms and conditions.
The user (buyer) acknowledges that any conduct violating the above prohibitions is an infringement of intellectual property rights with the possibility of punishment under the law. It is also a reason for immediate termination of access to the service or e-shop (withdrawal) by the provider (seller).
Users (buyers) under the age of 18 should have the consent of their legal representatives to use the service / e-shop.
REGISTRATION AND PROTECTION OF PERSONAL DATA
User registration must take place before using the service / e-shop. When registering, the user (buyer) is obliged to enter truthfully and completely all data, including optional data, if he decides to enter them. By registering, a so-called user account is set up. In the event of a change in any of the entered data, the user (buyer) undertakes to immediately enter this change into his user account. The above applies similarly when making a payment for the use of a service / e-shop. Access to the user account is secured by e-mail address and password. The user (buyer) is obliged to maintain confidentiality and protect against disclosure this data allowing access to his user account and must not allow the use of his user account by another person. The user (buyer) acknowledges that the provider (seller) is not responsible for the consequences associated with the breach of this obligation.
The user (buyer) has the right to cancel his user account at any time. The provider (seller) has the right to cancel the user's user account in the event that the user (buyer) violates the conditions or if he does not use the service / e-shop for more than 12 months.
By registering, the user (buyer) agrees to the processing of his personal data entered during registration and payment (including subscription), especially with their maintenance in the database of registered users and their use for the purpose of offering or providing services or using the e-shop, delivery of Goods and in this context, including their use.
The Provider (Seller) undertakes to use this personal data exclusively for the stated purposes and guarantees their protection against disclosure to third parties. The personal data of the user (buyer) will be kept in the user database for as long as his user account is maintained, and also for the time necessary to exercise the rights and obligations arising from the contractual relationship for the provision of services or purchase contract and legal obligations. The user (buyer) agrees that the provider (seller) uses a third party to process personal data.
The user (buyer) may revoke the consent to the processing of his personal data at any time. Consent can be revoked at any time in writing [resp. by sending an email or letter to the contact address of the provider (seller). In this case, the provider (seller) stops all processing activities. However, revocation of this consent does not mean that the provider (seller) has to delete personal data that it processes for the purpose of fulfilling the contract concluded with the user (buyer). This also does not affect the right to request the deletion of these personal data, which concern me and are still in the possession of the provider (seller).
The provider (seller) does not intend to transfer personal data to a third country or international organization. Under certain conditions, personal data may be made available to state authorities (courts, police, notaries, tax authorities, etc., in the exercise of their legal powers) or the provider (seller) may provide them directly to other entities to the extent provided by special law.
The user (buyer) agrees that the services of the provider (seller) use personal data for the purposes of consulting, promotion, market research, research and analysis, so that the services of the provider (seller) can develop and meet the requirements of users (buyers). The user (buyer) expressly agrees to receive email newsletters from the provider (buyer). This consent can be revoked at any time by e-mail to email@example.com or in the parameter settings in the user profile.
The user (buyer) agrees that his / her access to the services of the provider (seller), if such access was made through partner sites, is stored with cookies. These cookies do not contain any personal data of the user (buyer), but serve exclusively to support the connected affiliate program. Cookies will be automatically deleted after registration of the user (buyer). If registration is not performed, cookies are usually deleted automatically after 30 days.
The user (buyer) agrees that the provider (seller) uses the services of heureka.cz, zbozi.cz, smartselling as, Facebook login, Google login, which process the e-mail address of the user (buyer).
The user (buyer) further agrees that the provider (seller) uses the services (without providing these parties with any data of the user (buyer) Google Analytics, Google Adwords, Facebook Ads, Sklik List and affiliate networks, which are then used for measurement conversions, remarketing, and site traffic evaluation.
In case of any suggestions, questions or ambiguities in connection with the processing of personal data, including complaints, you can contact the provider (seller) at firstname.lastname@example.org.
In case of doubts about compliance with the obligations related to the processing of my personal data, it is also possible to file a complaint with the Office for Personal Data Protection, based in Lt. Col. Sochora 27, 170 00 Prague 7, email: email@example.com, web: https://www.uoou.cz.
CONCLUSION OF THE CONTRACT FOR THE PROVISION OF THE SERVICE
The following paragraphs apply only to the conclusion of a service contract.
The conclusion of a contract for the provision of a specific service in relation to the selected Content (hereinafter "service contract") will take place after user registration at the time of sending the order of the selected Content, which will occur by clicking on the confirmation button within the payment gateway. The contract can be concluded exclusively in the Czech language. Before sending the order, the user has the opportunity to check the accuracy of the data entered in the order and, if necessary, correct or modify them. Delivery of the order will be immediately confirmed to the user automatically from the service server.
After payment of the price for the service, the provider will allow the user to download the Content by sending information (download access link) to the user's email no later than 24 hours after crediting the payment to the provider's account. In the case of the provided download service, the user is entitled to re-download the content within 30 days of receiving the download link, especially in the event that the copy originally made by him was destroyed or damaged, but the provider reserves the right to set a limit on the number of re-downloads. content.
By agreeing to these conditions, the User expressly agrees to the delivery of the Content before the expiry of the period for withdrawal from the contract and is aware that in such a case he has no right to withdraw from the contract under the provisions of § 1829 of the Civil Code. The possibility of withdrawal from the contract pursuant to the provisions of Section 2001 et seq. Of the Civil Code is not affected by this.
CONCLUSION OF THE PURCHASE AGREEMENT AND DELIVERY OF GOODS
The following paragraphs apply only to the conclusion of the purchase contract.
These conditions form part of the contractual agreement between the seller and the buyers. This contractual arrangement forms a purchase agreement between the seller on the one hand and the individual buyers on the other; this purchase agreement is referred to in the terms as the "purchase agreement".
The Buyer determines the Goods to be purchased from the Goods offered in the e-shop; however, this offer is only a call for contracting and does not guarantee the availability of the offered Goods. The purchase contract is concluded only by confirmation (acceptance) of the order by the seller.
By the purchase contract, the Seller undertakes to hand over the Goods to the Buyer and to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay the purchase price and take over the Goods. The Buyer acquires ownership of the Goods only by full payment of the purchase price, incl. value added tax and including transport costs and postage, if he is obliged to pay them.
The goods are shipped, resp. ready for the buyer usually within 3 working days from the date of order confirmation. If the Goods are not in stock, the seller will inform the buyer without undue delay.
In these conditions, delivery means enabling the buyer to dispose of the Goods. The Seller shall, at the option of the Buyer, prepare the Goods either for personal collection at its premises or by sending (at the Buyer's expense and risk, unless otherwise specified) to the Buyer's delivered delivery address.
In the case of sending the Goods to the Buyer, the Buyer usually has the option of choosing between several means of delivery of the Goods, which he chooses when ordering the Goods. When ordering the Goods, the prices for delivery and the estimated time of delivery of the Goods are also stated, for which, however, the carrier is responsible, not the seller. Shipping costs and postage are paid by the seller.
WITHDRAWAL OF THE CONSUMER FROM THE PURCHASE AGREEMENT, RETURN AND EXCHANGE OF GOODS AND OTHER CONSUMER INFORMATION
The consumer has the right to withdraw from the purchase contract (not from the contract for the provision of services) without any reason and without any penalty within 14 days from the date of receipt of the Goods. In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient to send a notice within the deadline on the exercise of the right to withdraw from the purchase contract.
In the event of the consumer's withdrawal from the purchase contract, the consumer is entitled to a refund of the purchase price within 14 days from the date of the consumer's withdrawal from the purchase contract. The Seller is entitled to refuse performance (refund of the purchase price) until the consumer fulfills his obligation to return the received Goods.
In the notice of withdrawal, the consumer identifies the purchase contract, in particular his name and surname, the order number and date of purchase and the bank account number or address intended for sending the returned purchase price.
The Consumer is also obliged to return the taken over Goods to the seller within 14 days of withdrawal, in full (all taken over Goods must be returned), in the original undamaged packaging. The costs associated with the return of the Goods shall be borne exclusively and in full by the consumer.
In the event that a consumer dispute arises between us and the consumer from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes. Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, web: https://adr.coi.cz
PRICE AND PAYMENT TERMS
The Service and the Goods are provided for a fee. The price of the service, resp. the price of the Goods is stated including VAT. The provider (seller) can price the service, respectively. Goods change; for the user (buyer) is the binding price stated by the provider (seller) at the time of sending the order. Discounts are valid at the time of display on the Portal and their validity may be limited in time, unlimited or in the case of the Goods limited until the stock is sold out, as stated for the individual Goods.
The price of the service is payable before making the ordered Content available to the user, within 3 days from the conclusion of the contract for the provision of the service. The purchase price for the Goods is usually payable in advance by payment card online.
The Buyer may pay the purchase price of the Goods at the Buyer's option in one of the following ways: online payment card.
The stated payment terms are part of these terms and conditions and are binding for the user (buyer).
The provider (seller) undertakes to issue a tax document to the user (buyer) for the price paid for the service, resp. the price of the Goods or the payment of a subscription, based on the request of the user (buyer). The user (buyer) agrees to the sending of tax documents electronically, if the credibility of the origin and the inviolability of its content is preserved.
OFFER OF SERVICE, E-SHOP AND AVAILABILITY
The Provider (seller) decides which Content and which Goods will be offered within the offer of the service and e-shop and what will be the price of the service or the Goods. The User (buyer) has no right resulting from the narrowing of the offered Content or Goods or changes in prices for the provision of services or prices of Goods. In particular, the user (buyer) acknowledges the possible temporary unavailability of some Content or the entire service or e-shop due to the necessary maintenance of the Portal or compliance with the instructions of rights holders. The Provider (Seller) has the right to decide on the termination of the operation of the service and / or e-shop at any time.
It is the priority of the provider (seller) to maintain the full functionality of the website on which the Portal is operated, to improve and expand its functions and to create a user-friendly environment. However, the Provider (Buyer) is not liable for defects in the service ordered by the user or delay in delivery of the Goods caused by another person's intervention in the Portal or user account or as a result of using the service, e-shop or user account in violation of these terms and conditions. , and in case of malfunctions of the user (buyer) data network, public data network, hardware or software equipment of the user (buyer), or for indirect damages caused by such as loss of user (buyer) data, etc. The website may in exceptional cases be temporarily unavailable due to necessary hardware or software maintenance.
Helpdesk for users (buyers) https://www.housemagazinerecords.com/contact
Complaints about the provided services, especially failure to provide the Content in accordance with the order, delay in providing the Content, defects in the Content preventing its use by the user, etc. must be made to the provider without delay, in writing at the provider's registered office or by email at email@example.com
The Provider undertakes to handle the complaint within 30 days of receiving the complaint. Unless the user makes another claim when making a complaint, the provider undertakes to resolve the recognized defect by providing non-defective Content in accordance with the user's order. If this is not possible or if the user requests it when making a complaint, the provider will return the price already paid for the provision of the service in case of a justified complaint (if the user used m-Payment, the provider is entitled to return the price via m-Payment).
The user (buyer) acknowledges that the provider (seller) is not obliged to provide services and is not obliged to enter into a purchase agreement, in particular with a person who has infringed the conditions in the past or who has infringed intellectual property rights or is reasonably suspected in the past ( eg for IP address identity). For this purpose, the provider (buyer) is entitled to cancel or temporarily block the user account.
The user (buyer) agrees to the use of means of communication at a distance when concluding a contract for the provision of services, respectively. purchase contract, when paying the price for services, respectively. for the Goods and in the provision of the service. Costs incurred by the user (buyer) in the use of means of distance communication in connection with the conclusion of a contract for the provision of services, respectively. purchase contract and the use of services is paid by the user (buyer) himself.
The provider has the right to withdraw from the purchase agreement, respectively. contracts for the provision of services, if the user does not pay the price of the Goods, resp. the price of the service properly and on time. In the event of cancellation of the purchase contract, the Buyer is obliged to return the Goods similarly in accordance with paragraph 34 of these conditions. In the case of a contract for the provision of a service, the user is obliged to destroy all copies of the Content made under the contract and the provider is obliged to return the price already paid to the user.
These conditions and all contracts concluded according to them are governed by Czech law (with the exception of conflict of laws rules), excluding the application of the provisions of the UN Convention on Contracts for the International Sale of Goods concluded in Vienna on 11 April 1980. This also applies to contractual relations with a foreign element. The exclusive jurisdiction of the Czech courts is agreed for disputes arising in connection with the contract for the provision of the service.
For the purchase contract, resp. the contract for the provision of the service is determined by the wording of the conditions that is effective at the time of its conclusion pursuant to paragraph 21 resp. paragraph 26 of these conditions. The user is not bound by any codes of conduct when using the Portal.
Purchase contract, resp. the contract for the provision of the service is concluded exclusively in the Czech language. Purchase contract, resp. the contract for the provision of the service will not be drawn up in writing, will not be deposited with the seller (provider) and the seller (provider) will not allow the consumer access to the contract, and therefore the consumer is advised to keep the concluded purchase contract, resp. the contract for the provision of the service, ie the confirmed order and these conditions.
The original conditions are stored at the registered office of the seller (provider). The seller (supplier) is obliged to allow the buyer (user) to look into the original conditions and obtain a copy at his own expense. Upon request submitted by e-mail to the electronic address of the seller (provider), the seller (provider) will send a copy of the conditions to the buyer (user) in electronic form.
The buyer (user) is obliged to keep his contact details up to date until all his obligations arising from the purchase contract, resp. service contracts.
These conditions take effect on the day of publication and apply to purchase contracts, resp. service contracts concluded during their period of validity. Previous versions of the conditions are available on the website of the seller (provider).