DUŠEK DÉCOR.COM WEBSITE TERMS OF USE

DUŠEK DÉCOR.COM WEBSITE TERMS OF USE

  1. INTRODUCTORY PROVISIONS

1.1. These conditions (hereinafter referred to as " business conditions ") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as " Civil Code "), mutual rights and obligations between the seller , Ph.D. Beátou Dušková with registered office at Světova 1, Prague 8, 180 00, ID number: 07728905 (hereinafter referred to as the " provider ") and third parties (hereinafter referred to as the " user ") arising from contracts for the provision of services (hereinafter referred to as the " contract for the provision of services ") concluded through the provider's website located at https://DUŠEK DÉCOR.COM (hereinafter referred to as " website ").

1.2. The rights and obligations between the provider and the user are further governed by the discussion rules, which form Annex No. 1 of the terms and conditions. The terms and conditions and discussion rules thus form an integral part of the contract for the provision of services.

1.3. The contract for the provision of services and the terms and conditions are drawn up in the Czech language.

1.4. In accordance with § 1752 of the Civil Code, the contracting parties agree that the provider can unilaterally change the terms and conditions to a reasonable extent. Changes to the terms and conditions will be notified to the user. The user may refuse to change the terms and conditions and in such case terminate the contract for the provision of services in writing with a notice period of one (1) month.

1.5. By expressing consent to the new version of the terms and conditions, the previous terms and conditions become ineffective and the new version of the terms and conditions becomes an integral part of the contract for the provision of services.

  1. CONCLUSION OF CONTRACT FOR THE PROVISION OF SERVICES

2.1. The user makes a proposal for concluding a contract for the provision of services by filling in the data in the form on the website and sending this data to the provider by clicking on the " Order " button (hereinafter referred to as " order "). The data provided by the user in the order are considered correct for the purposes of the terms and conditions.

2.2. Following the delivery of the order to the provider, the provider will show the user the option to log in to the user's user account (hereinafter referred to as " acceptance "). The provisions of § 1740, paragraph 3 of the Civil Code shall not apply. By delivering the acceptance to the user, the contract for the provision of services is concluded.

2.3. The user agrees that the provider can start providing services according to the contract for the provision of services immediately after its conclusion, even before the expiry of the legal period for withdrawing from the contract for the provision of services.

2.4. The user acknowledges that the provider is not obliged to conclude a contract for the provision of services (refuse to register the user), especially with persons who have previously substantially violated the contract for the provision of services (including terms and conditions).

2.5. The user agrees to the use of remote means of communication when concluding a contract for the provision of services. The costs incurred by the user when using remote communication means in connection with the conclusion of the contract for the provision of services (e.g. the costs of connecting to the Internet) are paid by the user himself, and these do not differ from the basic rate.

  1. USER ACCOUNT

3.1. Based on the user registration made on the website, the user can access his website user interface. From its user interface, the user can in particular manage his data, add and delete information about himself, manage it, add and delete posts or other information and manage it (hereinafter referred to as " user account ").

3.2. The user's user account will be activated following the user's registration on the website (filling in the required data by the user).

3.3. When registering on the website, the user is obliged to enter all data correctly and truthfully. The user is obliged to update the personal data listed in the user account in case of any change. The data provided by the user in the user account are considered correct by the provider. Each user can only have one user account.

3.4. Access to the user account is secured by a username and password. The user agrees that the login data can also be used to log in to other websites operated by the provider. The user is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the provider is not responsible for a breach of this obligation by the user.

3.5. The provider may prevent the user from using the user account, especially if the user violates his obligations under the contract for the provision of services.

  1. TERMS OF SERVICE

4.1. Based on the contract for the provision of services, the user is entitled to access his user account. From his user interface, the user can in particular manage his data, insert and delete information about himself, manage them, insert and delete posts or other information and manage them, and the user can also communicate with other people in a specified way through his user interface (hereinafter just " service ").

4.2. The provider does not have to provide the service if difficulties on the part of the user or other persons prevent its provision. The provider does not have to provide the service, especially in the event of power outages, data network outages, other malfunctions caused by third parties or force majeure.

4.3. There may be interruptions, temporary restrictions, interruptions or reductions in the quality of the service when providing the service.

4.4. All recommendations and information displayed within the service and on the website are of a non-binding nature, which the user acknowledges. The user is obliged to always contact a professional advisor regarding the use of these recommendations and information.

  1. USE OF THE SERVICE

5.1. The user may not store or disseminate information within the service, the content of which is in conflict with generally binding legal regulations in force in the Czech Republic or in other countries where the service is available, in particular content, the making available to the public:

5.1.1. interferes with the copyright or copyright-related rights of third parties,

5.1.2. interferes with the rights to protect the personality of third parties,

5.1.3. violates legal norms aimed at protecting against hatred of a nation, ethnic group, race, religion, class or other group of persons or restricting the rights and freedoms of its members.

5.2. The user acknowledges that the provider is not responsible for the settings made by the user in the user account.

5.3. The user may not send unsolicited commercial messages within the service. The user may not send out information within the service that is strikingly similar to the services or applications of third parties in order to confuse or mislead the internet user (phishing). The user must not spread computer viruses within the service.

5.4. The user may not use mechanisms, tools, software or procedures within the service that have or could have a negative effect on the operation of the provider's equipment, the security of the Internet or other Internet users.

5.5. The user may not carry out activities aimed at disabling or limiting the operation of the server of the provider on which the service is operated, or carry out other attacks on this server, nor may he assist a third party in such an activity. The user may not use the user account and the service in a way that would unreasonably restrict the use of the service by other customers of the provider or otherwise unreasonably restrict the provider. In particular, the user may not burden the server of the provider on which the service is operated with automated requests.

5.6. The user acknowledges that, in accordance with § 5 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on certain information society services), as amended, the provider is not responsible for the content of the information stored by the user. The user further acknowledges that the provider is not responsible for the user's illegal actions.

5.7. The provider is entitled (but not obliged) to perform a preventive check of information stored or disseminated by the user within the service. In the event that the content of this information could violate business terms, generally binding legal regulations or good morals, the provider is entitled to delete this information or prevent its dissemination, and the provider is also entitled to withdraw from the contract for the provision of services. In the event that any third party asserts rights against the provider in connection with the storage or dissemination of information stored or disseminated by the user within the service, the provider is entitled to immediately remove the content of the information stored or disseminated by the user within the service.

5.8. In the event that any third party asserts rights against the provider in connection with the performance of the contract for the provision of services, the user undertakes to hand over to the provider without delay all documents and materials necessary to successfully conduct a dispute with this third party. In the event that such a third party claims that by storing or disseminating information stored or disseminated by the user as part of the service, its rights have been violated, in particular the rights to the objects of copyright protection, or that there has been anti-competitive behavior, the user undertakes to reimburse the provider for all expedient expenses incurred by the provider in connection with a dispute with such a third party.

5.9. The user acknowledges that the texts, photographs, graphic works and other elements contained on the website or available within the service may be individually and/or as a whole (hereinafter collectively referred to as " author's works ") protected by copyright. The database located at website or available as part of the service are protected by the special right of the database creator. Unless otherwise agreed in writing with the provider, the authorized use of copyrighted works may only take place to the extent and in the manner determined by the applicable legal order. In particular, the user is not permitted to use copyrighted works in the form of their reproduction (copying) for the purpose of achieving direct or indirect economic or commercial benefit, as well as their use in the form of spreading, lending, exhibiting or communicating the work to the public (including communication to the public via the Internet).

  1. LICENSE AGREEMENT

6.1. In the event that the user stores or distributes information (intangible assets) within the service that is subject to protection by some of the intellectual property rights (hereinafter referred to as the " work "), the user grants the provider, by storing or disseminating the work within the service, a free license to exercise the right to use the work (license), under the conditions set out below. This does not affect the provisions of Article 5.1 of the Terms and Conditions.

6.2. The license to the work is granted for all ways of use (including communication of the work to the public via the Internet), in an unlimited quantitative and territorial scope. The provider may grant the authorizations forming part of the license in whole or in part to a third party (sublicense). The provider is entitled to assign the license to the work to a third party. The provider acquires a license to the work at the moment of its storage or distribution within the service. The license is granted for a period of seventy (70) years from the moment the work is stored or distributed within the service. The provider is not obliged to use the license.

6.3. The provider is entitled to edit, change or process the work, to include it in a file and to combine it with another author's work (or computer program), while the work can also be edited, changed or processed through third parties. In the case of changes to the work made by the provider (by third parties authorized by the provider), the provider is granted a license even for the changed work. The provider is entitled to present the work to the public under its trade name. If it is an unpublished work, the provider is entitled to publish it. For the work, the provider will always state the nickname of the user who uploaded the work within the service.

6.4. The provisions of Articles 6.1 to 6.3 of the terms and conditions regarding the provider's authorization shall also be applied appropriately to cases where the user's contribution is not subject to copyright protection.

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The provider does not require an advance payment or other similar payments.

7.2. The user acknowledges that the computer programs making up the website are protected by copyright. The user undertakes not to perform any activity that could enable him or third parties to interfere or use computer programs for which the provider is the executor of property rights or the user.

7.3. In relation to the user, the provider is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

7.4. Out-of-court handling of consumer complaints is ensured by the provider through an electronic address at the contact address (Article 11.6). The provider will send information about handling the user's complaint to the user's email address.

7.5. The out-of-court settlement of consumer disputes arising from a contract for the provision of services is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the provider and the user from the contract for the provision of services.

7.6. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).

7.7. The provider is authorized to do business on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

7.8. The rights and obligations of the contracting parties regarding the provider's responsibility for service defects are governed by the relevant generally binding legal regulations, in particular the provisions of § 1914 et seq. of the Civil Code and the provisions of Act No. 634/1992 Coll., on consumer protection, as amended. The user can exercise his rights resulting from the provider's responsibility for service defects with the provider, in particular at the address of its registered office or by e-mail at the contact address (Article 11.6).

  1. PROTECTION OF PERSONAL DATA AND STORAGE OF COOKIES

8.1. The information obligations of the provider related to the processing of the user's personal data are regulated in a separate document.

8.2. The user agrees to the storage of so-called cookies on his computer. Cookies are small files used by providers and advertisers on a website to recognize the user's web browser when communicating with the service and to subsequently use some of the service's functions. In the event that it is possible to fulfill the provider's obligations from the contract for the provision of services without so-called cookies being stored on the user's computer, the user can revoke the consent at any time according to the first sentence of this paragraph.

  1. DURATION OF THE CONTRACT FOR THE PROVISION OF SERVICES

9.1. If it is not a case where it is not possible to withdraw from the contract, the user, who is a consumer, is entitled to withdraw from the contract for the provision of services in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of its conclusion . For such withdrawal from the contract, the user can use the sample form provided by the provider, which forms Annex No. 2 of the terms and conditions.

9.2. The contract for the provision of services becomes effective upon conclusion. The contract for the provision of services is concluded for an indefinite period.

9.3. The user can terminate the validity of the contract for the provision of services at any time by the actual act of deleting his user account.

9.4. In the event that the user violates any of his obligations arising from the contract for the provision of services (including business conditions or discussion rules) or from generally binding legal regulations or in other cases, the provider may terminate the contract for the provision of services. Termination of the contract for the provision of services pursuant to this article is effective upon delivery to the user. Unless agreed otherwise or stipulated otherwise by generally binding legal regulations, the contract for the provision of services shall terminate upon the effective date of this termination.

9.5. Termination of the contract for the provision of services does not affect the license granted by the provider in accordance with Article 6 of the terms and conditions.

  1. DELIVERY – LEGAL DEALINGS

10.1. Unless otherwise agreed, all correspondence regarding legal proceedings related to the service contract must be delivered to the other contracting party in writing by electronic mail. It is delivered to the user at the user's address - the e-mail address specified in his user account.

10.2. In the case of delivery by electronic mail, the message is delivered when it is received on the incoming mail server.

  1. FINAL PROVISIONS

11.1. If the relationship related to the use of the website or the legal relationship established by the contract for the provision of services contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law, in particular the Civil Code. By choosing the law according to the previous sentence, the user who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).

11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.3. The provider is entitled to transfer the rights and obligations from the contract for the provision of services to a third party, to which the user agrees.

11.4. The contract for the provision of services, including the terms and conditions, is archived by the provider in electronic form and is not publicly accessible.

11.5. Contact details of the provider: e-mail address info@dusekdecor.com.

INFORMATION ON THE PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF FULFILLING THE CONTRACT

  1. ADMINISTRATOR'S IDENTITY AND CONTACT INFORMATION

1.1. The administrator of your personal data is Adam Dušek, with registered office at Navigátorů 615/15, Prague 6, 16000, ID: 06375880 , (hereinafter referred to as the " administrator ").

1.2. The administrator's contact details are as follows: delivery address Navigátorů 615/15, Prague 6, 160 00, Czech Republic. Email address info@dusekdecor.com. Telephone +724 050 118.

1.3. The administrator has not appointed a personal data protection officer.

  1. LEGAL REASON FOR PROCESSING PERSONAL DATA

2.1. The legal reason for the processing of your personal data is the fact that this processing is necessary for the fulfillment of the contract between you and the controller or for the implementation of measures by the controller before concluding such a contract in the sense of Article 6 paragraph 1 letter b) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on the protection of personal data) (hereinafter referred to as " regulation ").

  1. PURPOSE OF PERSONAL DATA PROCESSING

3.1. The purpose of processing your personal data is to fulfill the contract between you and the controller or to take measures by the controller before concluding such a contract.

3.2. There is no automatic individual decision-making by the controller in the sense of Article 22 of the Regulation.

  1. STORAGE PERIOD OF PERSONAL DATA

4.1. Your personal data will be processed by the controller for the duration of the effects of the rights and obligations from the relevant contract, and for the period necessary for the purposes of archiving according to the relevant generally binding legal regulations, but no longer than for the period determined by generally binding legal regulations.

  1. OTHER RECIPIENTS OF PERSONAL DATA

5.1. Other recipients of your personal data will be persons forming a concern with the administrator, persons providing marketing services for the administrator, persons ensuring the operation of marketing platforms and persons providing technical or organizational activities for the administrator in accordance with the instructions of the administrator (processors of personal data).

5.2. The administrator does not intend to transfer your personal data to a third country (a country outside the EU) or an international organization, with the exception of the transfer of your personal data to the United States of America SendGrid, Inc., located at 1801 California Street, Suite 500 Denver, Colorado 80202 and The Rocket Science Group LLC d/b/a MailChimp. The companies are a certified entity under the EU-US Privacy Shield within the meaning of Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 issued pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate level of protection provided by the EU-US Privacy Shield US Privacy Shield.

  1. RIGHTS OF THE DATA SUBJECT

6.1. Under the conditions set out in the regulation, you have the right to request from the administrator access to your personal data, the right to correct or delete your personal data, or limit their processing, the right to object to the processing of your personal data, and the right to the portability of your personal data.

6.2. If you believe that the processing of your personal data has violated or is violating the regulation, you have, among other things, the right to file a complaint with the supervisory authority.

6.3. You are not obliged to provide personal data. The provision of your personal data is a necessary requirement for the conclusion and fulfillment of the contract, and without the provision of your personal data it is not possible to conclude the contract or fulfill it on the part of the administrator.

INFORMATION ON THE PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF SENDING COMMERCIAL MESSAGES

The administrator processes your personal data for the purpose of sending commercial messages (marketing offers) based on the so-called legitimate interest. You can object to this processing of your personal data at any time, and commercial communications will then no longer be sent to you. More detailed information on the processing of your personal data, including more detailed information regarding legitimate interest, can be found below.

  1. ADMINISTRATOR'S IDENTITY AND CONTACT INFORMATION

1.1. The administrator of your personal data is P hDr. Beáta Dušková with registered office at Světova 1, Prague 8, 180 00, ID : 07728905 , (hereinafter referred to as " administrator ").

1.2. The administrator's contact details are as follows: delivery address P hDr. Beáta Dušková with registered office at Světova 1, Prague 8, 180 00, ID : 07728905 , Czech Republic. Email address info@dusekdecor.com. Phone +420 724 483 582.

1.3. The administrator has not appointed a personal data protection officer.

1.4. This information obligation is fulfilled in relation to personal data processed by the administrator exclusively for the purpose of sending commercial messages. It does not apply to personal data processed for a different purpose and on a different legal basis, for these cases the information obligation of the administrator will be fulfilled separately.

  1. LEGAL BASIS OF PERSONAL DATA PROCESSING

2.1. The legal basis for the processing of your personal data is the fact that this processing is necessary for the purposes of the legitimate interests of the administrator or a third party in the sense of Article 6 paragraph 1 letter f) Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on the protection of personal data) (hereinafter referred to as the " Regulation ").

  1. PURPOSE OF PERSONAL DATA PROCESSING

3.1. The purpose of processing your personal data is to send commercial communications to you by the administrator in accordance with Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (the Act on certain information society services), as amended (hereinafter referred to as " the Act") about some information society services ").

3.2. There is no automatic individual decision-making by the controller in the sense of Article 22 of the Regulation.

  1. ADMINISTRATOR'S LEGITIMATE INTERESTS

4.1. You use the administrator's service in order to receive offers of products or services from third parties sent by the administrator by e-mail - commercial communications. In connection with the use of the services, you have provided the administrator with your personal data and have given your consent to the sending of business communications to you (as part of the terms and conditions of the service).

4.2. When sending business communications, the administrator complies with generally binding legal regulations, in particular the provisions of Section 7 of the Act on Certain Information Society Services.

4.3. Point 47 of the recital of the regulation states, among other things, that "the processing of personal data for the purposes of direct marketing can be considered as processing carried out for reasons of legitimate interest."

4.4. The administrator assessed whether it is possible to process your personal data for the purpose of sending commercial messages, and also performed the necessary proportionality test, comparing the interests of your protection with the interests of the administrator. The administrator has come to the conclusion that with regard to your previous consent to sending commercial messages and with regard to the fact that the purpose of using the services on your part is to receive commercial messages and also with regard to the fact that you could and may at any time refuse further sending commercial messages to you, it does not appear that your interests or fundamental rights and freedoms requiring the protection of personal data voluntarily provided by you take precedence over the administrator's legitimate interests in sending commercial messages.

4.5. In view of the above, and in view of the fact that you could reasonably expect the processing of your personal data for the purpose of sending commercial messages, the administrator considers that the legal basis for processing your personal data for the purpose of sending commercial messages to you is a legitimate interest administrator (Art. 2.1).

  1. STORAGE PERIOD OF PERSONAL DATA

5.1. Your personal data will be processed by the administrator for the duration of the legitimate interest of the administrator, but no longer than until an objection is raised or a similar request from you against the processing of personal data for the purpose of sending business communications from your side.

  1. OTHER RECIPIENTS OF PERSONAL DATA

6.1. Other recipients of your personal data will be persons providing marketing services for administrators and persons ensuring the operation of marketing platforms.

6.2. The administrator does not intend to transfer your personal data to a third country (a country outside the EU) or an international organization, with the exception of the transfer of your personal data to the United States of America SendGrid, Inc., located at 1801 California Street, Suite 500 Denver, Colorado 80202 and The Rocket Science Group LLC d/b/a MailChimp. The companies are a certified entity under the EU-US Privacy Shield within the meaning of Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 issued pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate level of protection provided by the EU-US Privacy Shield US Privacy Shield.

  1. RIGHTS OF THE DATA SUBJECT

7.1. Under the conditions set out in the regulation, you have the right to request from the administrator access to your personal data, the right to correct or delete your personal data, or to restrict their processing.

7.2. If you believe that the processing of your personal data has violated or is violating the regulation, you have, among other things, the right to file a complaint with the supervisory authority.

7.3. You have the right to object at any time to the processing of your personal data for the purposes of direct marketing, including profiling, if the profiling relates to this direct marketing. If you object to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for these purposes. This does not affect the processing of your personal data based on another legal basis or for another purpose.

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