||Ing. Martin Rücker
||Dolnočernošická 439, Prague 5 - Lipence, Czech Republic
Entrepreneur registered at the Trade Register maintained by the City District Prague 16, Czech Republic
Contact details, see Art. 16 - Final provisions.
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions ("Terms and Conditions") of the entrepreneur - physical person Ing. Martin Rücker, residing at Dolnočernošická 439, Prague 5 - Lipence, Czech Republic, ID: 65240464 (hereinafter referred to as "Seller") apply to the provision of products, Services, web sites and applications deployed on the Internet at www.kevinspin.com.
1.2 Terms and conditions regulate the mutual rights and obligations arising under a purchase agreement (hereinafter the "Purchase Agreement") or a license agreement (hereinafter the "License Agreement" – Purchase Agreement and License Agreement - hereinafter also the "Agreement") concluded between the Seller and any other person or entity ( hereinafter referred to as "Buyer") through the online shop of the Seller and the use of the Seller’s website located at www.kevinspin.com (hereinafter the "Website") by the Buyer or other user (collectively, the "User") and other related legal obligations (collectively, "Services").
1.3 Online shop is operated by the Seller on the Internet at www.kevinspin.com through the web interface ("Web Interface").
1.4 The provisions that differ from the Terms and Conditions can be agreed upon in the Purchase Agreement or License Agreement. Different arrangements in the Purchase Agreement or License Agreement shall prevail over the Terms and Conditions.
1.5 The Purchase Agreement and License Agreement can be concluded in Czech or English.
2. USER ACCOUNT
2.1 After registration to the Website, the User can access his/her user interface (hereinafter referred to as an "User Account"). Completion of the registration (i.e. obtaining a confirmation of successful completion of the registration) creates contractual relationship between the Seller and the User, which is governed by these Terms and Conditions. This provision does not restrict creation of the contractual relationship by the actual use of the Services without prior registration. From its User Account, the User can perform ordering of goods and licenses. Non-registered User is not permitted to purchase on the Website. The Seller is entitled to unilaterally extend the requirement of registration to other Services provided through the Website.
2.2 During the registration to the Website and during ordering goods or licenses, the User must fill in all information contained in the registration form correctly, truthfully and completely. The User is obliged to update the data filled in the User Account whenever they change. The Seller considers the data provided by the User in the User Account and during ordering goods or licenses to be correct, true, and complete. The Seller may change the extent of Buyer’s personal and other data required for the registration or the use of the Services at any time in the future. If the supplementary information is not provided, the Seller is entitled to cancel the User’s Account and/or disable the access to individual Services.
2.3 Prior to the completion of the registration, the User must familiarize himself with these Terms and Conditions. Consent to the Terms and Conditions is a prerequisite for completing the registration and using of the Services. The User gives his/her consent by ticking the box on the registration form. For the avoidance of any doubt, the Seller declares that the User expresses his consent with these Terms and Conditions by performing the registration.
2.4 Access to the User Account is protected by the User name and password. The User is obliged to keep the information necessary to access the User Account confidential and understands that the Seller is not liable for the breach of this obligation by the Buyer.
2.5 The User is not allowed to let third parties use his/her User Account.
2.6 The Seller may remove the User Account, especially if the User does not use the User Account for more than one year, or if the User violates his obligations from the Purchase Agreement or License Agreement or the Terms and Conditions.
2.7 The User Account can be removed also at the User’s request, by a written statement sent to the Seller’s address. The Seller has 30 days from receiving the request to remove the User Account.
2.8 The User understands that the User Account may not be available all the time, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties‘ hardware and software equipment.
2.9 Only persons over 18 years old and with a full legal capacity are allowed to create an User Account.
2.10 In case of using any Services not requiring the registration, the usage of the Services is governed by these Terms and Conditions. The User is obliged to familiarize himself with these Terms and Conditions and expresses his consent with these Terms by starting using the Services. If the User does not agree with these Terms, he is obliged to refrain from the use of the Services. The contractual relationship is established by starting using the Service.
3. CONCLUSION OF THE CONTRACT
3.1. The Web Interface provides a list of goods and licenses offered by the Seller for sale, including prices of individual goods/licenses offered.
3.2 The Seller is liable to pay the value added tax. For Buyers from the EU countries - non-payers of the value added tax and for Buyers from the Czech Republic, the prices of offered goods/licenses include the value added tax and all related charges (except for the charges for packaging and shipping). For Buyers from the EU countries excluding the Czech Republic - the payers of value added tax and for Buyers outside of the EU countries, the prices do not include the value added tax and include all related charges (except for the charges for packaging and shipping), unless applicable law requires otherwise.
3.3 Offer of sale of goods/license and prices of goods/licenses remain valid as long as they are displayed on the Web Interface. This provision does not restrict the Seller to conclude a Purchase or License Agreement under individually negotiated terms. All offers of sale of goods/licenses on the Web Interface are not binding and the Seller is not obliged to conclude the Purchase or License Agreement regarding any product.
3.4 The Web Interface also includes information on the shipping means and costs associated with packaging and delivery of the products.
3.5 To order the goods/licenses (hereinafter "Order"), the Buyer fills the Order form on the Web Interface. The Order form contains particularly the information on:
(A) the ordered goods/license (the Buyer "inserts” the ordered goods/license into the electronic shopping cart of the online shop Web Interface);
(B) means of payment of the Purchase Price of the goods/license;
(C) requested method of delivery of the ordered goods/license; and
(D) the costs associated with the delivery of the goods/ license.
3.6 Before sending an Order to the Seller, the Buyer is allowed to check and change the data that he inserted in the Order, also with regard to the possibility of the Buyer to detect and correct errors during entering the data in the Order. The Buyer sends the Order to the Seller by clicking on "Submit". The Seller considers the data specified in the Order complete, true, and correct. Before completing the Order, the Buyer is obliged to get himself acquainted with these Terms and conditions. The Consent to the Terms and conditions is a prerequisite for completing the Order. The Buyer expresses his consent by checking the box in the Order form. For the avoidance of doubt, the Seller proclaims that through making the Order, the Buyer expresses his consent with these Terms and conditions. The Seller confirms the receipt of the Order electronically immediately upon its receipt to the Buyer at the Buyer's e-mail address specified in the User interface or in the Order (hereinafter referred to as "Electronic address of the Buyer").
3.7 The Seller is always entitled, in relation to the nature of the Order (quantity of the goods/ licenses, the amount of the Purchase Price, estimated shipping costs) to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
3.8 The contractual relationship between the Seller and the Buyer (i.e., the Purchase or License agreement) is established by the confirmation (acceptance) of the Order, which is sent by the Seller to the Buyer by e-mail to the Electronic address of the Buyer. If the confirmation of the Order contains certain data different from those set out in the Order it is deemed to be a new proposal to conclude the Agreement. The Agreement is then concluded by the confirmation of such proposal by the Buyer.
3.9 The Buyer is entitled to cancel his Order without giving any reason until the receipt of the confirmation of the Order by the Seller.
3.10 The Buyer acknowledges that the Seller is not obliged to conclude a Purchase or License Agreement, especially with persons who have previously substantially violated the Purchase or License Agreement (including the Terms and Conditions).
3.11 The Buyer agrees to the use of distance means of communication in concluding the Purchase or License Agreement. Costs incurred by the Buyer when using the means of distance communication in connection with closing of the Purchase or License Agreement (the cost of internet access, telephone costs) are paid by the Buyer himself.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The Buyer is obliged to pay the price of the goods/license according to the Purchase or License Agreement (the "Purchase Price") to the Seller in one of the following ways:
(A) wire transfer to the account of the Seller (the "Seller’s Account"). Bank Contact of the Seller is stated in the Article 16.7.
(B) wire transfer through PayPal.
4.2 The Buyer is also obliged to pay the Seller for the costs associated with packaging and delivery along with the Purchase Price. Unless explicitly stated otherwise, the Purchase Price includes costs associated with packaging and delivery.
4.3 In case of payment in cash or payment on delivery, the Purchase Price is due upon receipt of the goods. In case of money transfer, the Purchase Price is payable within 20 days of conclusion of the Purchase or License Agreement.
4.4 In case of money transfer, the Buyer is obliged to pay the Purchase Price of the goods using the variable symbol of the payment. In case of money transfer, the Buyer’s obligation to pay the Purchase Price is fulfilled at the moment when the appropriate amount is credited to the Seller's account.
4.5 The Seller is entitled, especially when he does not receive additional confirmation of the Order (Art. 3.7), to require the payment of the full Purchase Price prior to sending/accessing goods/license to the Buyer.
4.6 Discounts from the price of the goods/licenses provided by the Seller to the Buyer cannot be combined.
4.7 If common in mutual trade or if stipulated by generally binding legal regulations, the Seller will issue the tax document – the invoice for the Buyer regarding the payments effected on the basis of the Purchase or License Agreement. The Seller will issue the tax document - invoice to the Buyer after he receives the Order. The tax document - invoice is available to the Buyer through his User interface. The Buyer can locate the invoice together with his Order on the page "My Account", tab "Customer Orders". The Seller will also send a link to the invoice electronically to the Electronic address of the Buyer.
4.8 Buyers can receive bonus points for purchases or selected activities. These points can be used for payments for goods/licenses through the Web Interface. The number of bonus points gained and their use during payment is governed by the current setting of the Web Interface. This setting may vary in time and the changes can be made without prior notice. Bonus points are not gained from the value of goods/license already reduced by a discount. Bonus points are valid for 3 years. Then they expire without compensation.
5. LICENSE AGREEMENT
5.1 The Web Interface allows the Buyer to purchase business licenses to individual illustrations or other works of the author (the "Work") through License agreements. In the License Agreement, The Seller (hereinafter also the "Author") grants the Buyer (hereinafter "Licensee") the license to exercise the rights in the Work (the "License") in individual ways of use to the extent defined in the Terms and Conditions or in the License Agreement.
5.2 For all License Agreements concluded by the Author through the Web Interface online shop, the following applies (unless the License Agreement stated otherwise):
(A) are non-exclusive licenses under § 47 of Act No. 121/2000 Coll. Copyright Act, as amended,
(B) are perpetual, i.e. for the duration of the ownership copyright for the work,
(C) are territorially unlimited in case of the use of the Work on the Internet or Intranet, otherwise they are territorially limited to the Country that the Licensee stated as his residence/address in his User Account,
(D) are quantitatively limited to the extent specified in these conditions or in the License Agreement,
(E) provide the Licensee a non-transferable right to use the copyright works to the extent specified in these conditions or in the License Agreement.
5.3 The Licensee is not entitled to transfer the rights granted under the License Agreement without the consent of the Seller and may not sublicense the Work to a third party.
5.4 Transfer of rights and obligations under the License Agreement in case of the Licensee’s death in case of a physical persons, or termination of the Licensee in case of legal persons, is excluded.
5.5 The User is always obliged to mark the Work with the information on the Author (i.e. copyright) in the format specified on the Website next to the specific Work.
5.6 To be able to use the Work for the purposes of direct or indirect economic or commercial benefit, the Licensee must acquire the appropriate Commercial License rights by concluding the commercial License Agreement (hereinafter referred to as "Commercial License").
5.7 To enable the Licensee to use a Work for non-commercial purposes (other purpose than the purpose of direct or indirect economic or commercial benefit) must acquire the appropriate law closing nonCommercial License agreement (hereinafter referred to as "Non-commercial License").
6. COMMERCIAL LICENSE
6.1 Commercial license is granted on the basis of the License Agreement via the Web Interface of the online shop, as described in Article 5.
6.2 Commercial license gives the Licensee (hereinafter the " Licensee of the Commercial License") a nonexclusive right to reproduce the Work for his own use according to § 13 of the Copyright Act or to communicate the Work to the public on demand via a computer network according to § 18 paragraph 2 of the Copyright Act, depending on the specific purpose of the Commercial License and other restrictions defined in this Commercial License. In addition, the Seller provides the Licensee a nonexclusive right to spread the Work according to § 14 of the Copyright Act with the restrictions defined in the relevant license.
6.3 Conclusion of a Commercial License entitles the Author to a remuneration (Purchase Price), which is displayed via the Web Interface online shop at the time of purchase.
6.4 During each purchase of a Commercial License through a Web Interface, each Licensee is obliged to specify two mandatory parameters limiting the use of the Commercial License: "Image usage", and "Number of copies". These two parameters are thereafter an integral part of the Commercial License defining the scope of rights and limitations of each specific license. Use of the Work that is not in compliance with these parameters is not allowed and is considered a breach of the License Agreement.
6.5 The "Image usage" parameter specifies the purposes for which the Licensee buys the Commercial License. This parameter must be exactly one of the following values:
(A) Electronic presentation (e.g. PowerPoint) - on a screen/projector only
(B) Print/electronic presentation (eg PowerPoint) – on a screen/projector and leaflets
(C) Print/electronic distribution - commercial communications (e.g. newsletters)
(D) Print/electronic distribution - marketing material
(E) Print/electronic distribution - magazine
(F) Print/electronic distribution - book
(G) Websites - Internet (e.g., corporate websites, blogs, etc.)
(H) Website - Intranet
6.6 The "Number of copies" parameter specifies the maximum number of unique people who can see the Work licensed by the Commercial License within one calendar month. This parameter must be exactly one of the following values:
(A) 0 - 500 unique copies (print and digital) per month
(B) 501 - 10 000 monthly unique copies (print and digital)
(C) 10 001 - 100 000 monthly unique copies (print and digital)
(D) more than 100,000 monthly unique copies (print and digital)
6.7 Since the acquisition of a Commercial License, the Licensee of the Commercial License is allowed to download a copy of the Work (illustration), which is licensed, in high resolution, in digital form from his User interface. The Buyer can locate the links for downloading the Work together with his Order on the page "My Account", tab "Customer Orders", or the "My Downloadable Products ". The Work is available to the Licensee in higher quality than is normally available on the Web Interface. The quality and format of the Work may vary depending on the parameters of the license purchased by the Licensee.
6.8 The Licensee of the Commercial License must also abide by the general rules and restrictions listed in Article 8
7. NON-COMMERCIAL LICENSE
7.1 The User of a Non-Commercial License (hereinafter referred to as "Non-Commercial Licensee") acquires any Work free of charge by downloading it from the Website complying with all conditions of Non-Commercial License in accordance with § 46 paragraph 5 and 6 of the Copyright Act, i.e. a license agreement between the Seller and the Non-Commercial Licensee is concluded by downloading the Work.
7.2 Non-Commercial License is provided free of charge according to § 49 paragraph 2 point. b) of the Copyright Act.
7.3 License for Non-Commercial use (hereinafter referred to as a "Non-Commercial License") is defined by a license "CreativeCommon BY-NC-ND 3.0 Unported" defined by the Creative Commons organization (English version: http://creativecommons.org/licenses/by-nc-nd/ 3.0 /legalcode, Czech version: http://creativecommons.org/licenses/by-nc-nd/3.0/cz/legalcode). A copy of this legal code is also available at: http://www.kevinspin.com/noncommercial.aspx .
7.4 Under „CreativeCommon BY-NC-ND 3.0 Unported” license the Licensee must attribute the Work in the manner specified by the Author. Required attribution for the specific Work is available on its detail page after clicking to button “Non-commercial use”.
7.5 Non-Commercial Licensee must also abide by the general rules and restrictions defined in Article 8
8. GENERAL RULES AND RESTRICTIONS
8.1 The Licensee may not use the Work as part of a logo, a trade name, a business mark, a service mark, domain name or a book cover, or to register it as a trademark.
8.2 The Licensee may not use the Work in any offensive, pornographic, illegal or derogatory context way, whether directly or indirectly. The Licensee may not make derogatory references to the Work or the Seller.
8.3 The Licensee may not use the Work in a way, which would violate the rights to privacy or publicity, copyright, trade name, trademarks, domain names or service marks of any natural or legal persons.
8.4 The Licensee may not, without prior consent of the Seller, use the Work on retail products (so-called merchandising), such as on postcards, calendars, pens, mouse pads, clothing, etc. The mentioned exemplary list of the prohibited uses is not comprehensive.
8.5 If the Licensee has the right to distribute the Work in electronic or digital form, he is obliged to make reasonable efforts to prevent unauthorized downloading and distribution of the Work.
8.6 Unless specifically agreed in writing differently with the Seller, the Licensee is not entitled to alter or modify the Work or allow a third party to do so. The following modifications constitute exceptions:
(A) change of the size of the Work while maintaining the aspect ratio and maintaining the readability of copyright;
(B) adjustment of the color palette of the Work, e.g. for pre-press preparation, not damaging the color scheme of the Work; or
(C) removing the borders of the Work, which are free of graphics.
9. WITHDRAWAL FROM THE AGREEMENT
9.1 A User who is a consumer as defined in § 52 paragraph 3 of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter the "Consumer"), acknowledges that pursuant to the provisions of § 53 paragraph 8 of the Civil Code, he cannot among other things withdraw from the contract for the supply of goods adjusted to the Buyer's request, as well as goods subject to rapid deterioration, wear or obsolescence, and from contracts for delivery of audio and video recordings and computer programs, if the consumer has damaged their original packaging, and from a contract for the supply of newspapers, periodicals and magazines.
9.2 Except for the case referred to in the Article 9.1 or in other case, when you cannot withdraw from the contract, the Consumer has a right to withdraw from the Agreement in accordance with § 53 paragraph 7 of the Civil Code, within fourteen (14) days from receipt of the goods. Withdrawal from the Agreement must be verifiably delivered to the Seller within fourteen (14) days of the receipt of goods to the address of the Seller or the Seller's e-mail address firstname.lastname@example.org or through the User interface. Request for returning of the goods in the User interface is available on the "My Account" tab in "Requirements for returns."
9.3 In case of withdrawal from the Agreement under Article 9.2 of the Terms and Conditions, the Agreement is void from the beginning. Goods must be returned to the Seller within 10 working days from sending the withdrawal from the Agreement to the Seller. The goods must be returned undamaged and unworn-out to the Seller and, if possible, in the original packaging. Contractual penalty for violation of the obligation to return the goods within the time limit is 0.5% of the Purchase Price of the goods for each day of the delay.
9.4 The Seller is entitled to carry out a review of the returned goods, in particular to determine whether the returned goods are not damaged, worn-out or partially consumed within ten (10) days from the return of the goods by the Buyer under Article 9.3 of the Terms and Conditions.
9.5 In case of withdrawal from the Agreement under Article 9.2 of Terms and Conditions, the Seller will return the Purchase Price (excluding costs pertaining to the delivery of the goods) to the Buyer within ten (10) days from the deadline for review of the goods under Article 9.4 of the Terms and Conditions, via money transfer to the account designated by the Buyer. The Seller is also entitled to return the Purchase Price in cash at the time of returning the goods by the Buyer.
9.6 The Consumer acknowledges that if the goods are returned damaged, worn-out or partially consumed, the Seller is not obligated to accept the returned goods, and if it accepts it, the Seller is entitled to a compensation for damages occurred to him to be paid by the Buyer. The Seller is entitled to unilaterally offset the claim for reimbursement of the damages against the Buyer’s claim to refund the Purchase Price. Likewise, the Seller is entitled to unilaterally offset the contractual penalty under Article 9.3 of Terms and Conditions against the Buyer’s claim to refund the Purchase Price.
9.7 In the event that the User is not a Consumer, the possibility of withdrawal from the Agreement is governed by relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended. The Parties agree that such a User can withdraw from the Agreement without giving any reason at the latest within 5 days after the conclusion of the Agreement.
9.8 In case of License Agreements, the possibility of withdrawal from the contract is also governed by the relevant provisions of the Copyright Act.
9.9 The Seller is entitled to withdraw from the Agreement if the User uses the licensed Work in contradiction to the negotiated Agreement and the Terms and Conditions, or otherwise violates his obligations set forth herein. The withdrawal is effective upon receipt of the notification of the withdrawal by the User.
10. TRANSPORT AND DELIVERY OF THE GOODS AND LICENSES
10.1 The way of the delivery of the goods/license is determined by the Seller, unless the Purchase or License Agreement stipulates otherwise. In the event that the mode of transport is agreed at the request of the Buyer, the Buyer bears all the risks and any additional costs associated with this mode of transport.
10.2 If the Seller is obliged according to the Purchase Agreement to deliver the goods to the place designated by the Buyer in the Order, the Buyer is obliged to take over the goods on delivery. If the Buyer does not take over the goods on delivery, the Seller is entitled to a storage fee of CZK 100 (in words: one hundred Czech crowns) for every commenced week and is entitled to withdraw from the Purchase Agreement.
10.3 In the event that the goods need to be delivered repeatedly or in any other way than specified in the Order for a reason caused by the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other means of delivery.
10.4 When taking delivery of the goods from the carrier, the Buyer must check the integrity of the packaging of the goods, and notify the carrier immediately in case of any defects. In the event of identifying a damaged packaging caused by an unauthorized intrusion into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment meets all the Terms and Conditions and any subsequent claims regarding defects to packaging of the shipment cannot be considered.
10.5 Delivery of an electronic copy of the licensed Work is a part of the Commercial License. This copy of the Work is in high resolution and is only available to the Licensee electronically for downloading through the User interface after payment of the Purchase Price. The Licensee can locate the links for downloading the Work together with his Order on the page "My Account", tab "Customer Orders", or the "My Downloadable Products ".
10.6 The Seller does not charge any transportation and packaging fees for downloading the licensed Work.
10.7 Terms of delivery of the Seller may stipulate other rights and obligations of the Parties in transportation of the goods.
11. LIABILITY FOR DEFECTS
11.1 The rights and obligations of the Parties regarding the liability of the Seller for defects, including the warranty liability of the Seller, shall be governed by generally binding regulations (particularly the Civil and Commercial Code) depending whether it is a contractual relationship with an entrepreneur or non-entrepreneur.
11.2 To the Agreement governed by the Civil Code it applies that:
(A) The Seller is liable to the Buyer that the sold thing (hereinafter the "Thing") is in conformity with the Purchase Agreement and, namely that the Thing is free from defects. Conformity with the Purchase Agreement means that the sold Thing has a quality and properties required by the contract, described by the Seller, manufacturer or his agent, or on the basis of their advertising expected, or the quality and properties that are common for a thing of this kind, that meets the legislative requirements, is in the appropriate quantity, measure or weight, and corresponds to the purpose which the Seller states for the use of the thing, or for which the Thing is normally used.
(B) In the event that the Thing on taking over by the Buyer is not in conformity with the contract, the Buyer is entitled that the Seller puts the Thing in the state corresponding to the contract free of charge and without undue delay, according to Buyer’s request by replacing the Thing, or by correction; if such a procedure is not possible, the Buyer may request a reasonable discount from the price or withdraw from the contract. This does not apply if the Buyer knew about the conflict of the Thing with the contract or if the Buyer caused such a conflict. Contradiction with the agreement which becomes apparent within six (6) months from the date of the receipt of the Thing is considered a contradiction existing at the time of its takeover, if not contradictory to the nature of the Thing or if not proven otherwise.
(C) Unless the things are perishable or used, the Seller is liable for defects which become apparent as a contradiction with the contract after takeover of the Thing within the warranty (guarantee) time stipulated by the applicable legislation, which means 24 months.
(D) The Buyer applies his rights arising from the liability of the Seller for defects, including the warranty liability of the Seller, at the address of the place of business of the Seller.
12. LIABILITY FOR DAMAGE
12.1 The Seller is not liable for:
(A) errors in the Web Interface,
(B) failure, unavailability or poor availability or functionality of any Services,
(C) loss, non-saving, or damage of any licensed Work by the User
(D) any consequence resulting from provision of incorrect, inaccurate or incomplete information about the User,
(E) any consequence resulting from breach of the obligations of the User regarding the protection of password and access data to the User Account
(F) the availability and content of the websites of third parties, which are referred to on the Website.
12.2 The Seller cannot guarantee the information related to the Work or other material available on the Web Interface. The Seller does not guarantee that use of the Web Interface will bring benefit or gain to the User or to any third party.
12.3 The Parties agree and acknowledge that the scope of damages that may arise to the User due to one or more Seller's breaches of obligations under these Terms and Conditions or the Agreement, is limited in respect of tdamages not caused willfully to the amount of the Purchase Price or to the amount of CZK 500 (in words: five hundred Czech crowns) depending what amount will be lower. In case of damages caused by the Seller willfully the parties agree and acknowledge that the scope of damages caused to the User, which the Parties may reasonably anticipate in this context, taking into account all the facts that the Parties may know or should know at the time the User starts using the Service does not exceed CZK 5,000 (in words: five thousand Czech crowns).
12.4 The Seller is in no way liable for any damages (including (not only) information loss or pecuniary loss), linked directly or indirectly to the use of the Website.
12.5 If the Licensee uses the license, he is liable to the Seller for damages and for any loss, including all losses, claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising from or in connection with (i) breach of the contract, (ii) failure to comply with restrictions of the use of the Work or other material.
13. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
13.1 The User shall acquire ownership over the goods under the Purchase Agreement by paying the entire Purchase Price including the cost of packaging and transport.
13.2 The User acquires the right to use the Work of the License Agreement by paying the entire cost of the license.
13.3 The User acknowledges that the software and other components making up the Web Interface of the online shop (including photographs of the goods offered) are protected by copyright law. The User undertakes not to engage himself in any activity that could allow himself or third parties to interfere unduly or use improperly the software or other components forming a Web Interface of the online shop.
13.4 While using the Web Interface of the online shop, the User may not use any mechanisms, software or do other actions that could adversely affect the operation of the Web Interface of the online shop. The Web Interface of the online shop can be only used in the extent that is not at the detriment of the rights of other customers of the Seller, and which is consistent with its purpose.
13.5 The User undertakes that:
(A) he will use the Services solely for the purpose for which they are intended,
(B) to access the Services, he will not use other interface than www.kevinspin.com,
(C) he will ensure the confidentiality of all identifying information and passwords necessary for the User login and access to Services,
(D) if he detects misuse of his identifying information or passwords, he shall promptly notify the Seller,
(E) if he finds an abuse of copyright or other rights of the Seller, he shall promptly notify the Seller
(F) he will not commit any unlawful or unethical conduct in connection with the use of the Services and
(G) he will not do anything to harm or interfere with the provision of Services by the Seller.
13.6 The Seller is entitled to:
(A) terminate, suspend or limit the provision of any Service or in any way change the way the provision of any Service at any time in his sole discretion and without prior notice to the User
(B) to cancel or block the the User Account at any time in his sole discretion and without prior notice to the User
(C) to expand, limit or otherwise modify the goods and Works placed on his Web site, including measures to allow the search or surveillance and other forms of protection at any time in his sole discretion and without prior notice to the User
13.7 The User is liable for the consequences of his actions associated with the use of Services and undertakes that he will not use the Services for any activities that are or could be in conflict with the laws of the Czech Republic or other countries relating to the User, the legitimate interests of the Seller, as well and generally recognized principles of using Services provided through the Internet.
13.8 The User is especially not allowed to:
(A) use any Service in conflict with these Terms and Conditions,
(B) remove or alter copyright notice, or information on the ownership or other announcements and information contained on the Website of the Seller
(C) to obtain the login name and/or passwords of other Users or remove or alter any identifying information of other Users,
(D) misuse, block, modify or otherwise change any part of the Seller's Website, or interfere with the provision of Services
(E) to give the impression that the User is another legal or natural person than the actual User, or create User Accounts, whose parameters (e.g. mailbox address) can give offense or are contrary to moral or ethical rules,
(F) knowingly block any technology or tool serving the Seller for protection of the content of the Website
(G) use linking, other software, or other automatic device, technology or algorithms for "crawling", "scanning", search or monitoring the Seller's Website, or in an unauthorized way obtain or copy its contents without the prior written consent of the Seller
(H) copy, redirect or otherwise abuse the Website or its content,
(I) to examine, scan or test the security of the Website or supporting networks, to search for or collect information about visitors to this Website or Personal Data about other Users,
(J) use any device, software or routine that interferes with the proper working of the Website or who is eligible damage other Users
(K) violate the rights of the Seller or third parties in ways other than described in previous sections.
13.9 In the event that the User uses the Service in violation of these Terms and Conditions or legislation, the Seller has the right at any time without prior notice and without any claim by the User to terminate or limit providing Services to the User or to cancel or block the User’s Account.
13.10 Except as expressly stated in these Terms and Conditions or expressly stated in the Agreement, the User shall not obtain any copyright or other rights to the goods or Works located on the Website of the Seller. The User acknowledges that under these Terms and Conditions or according to the Agreement, he is not entitled to use the trade name of the Seller, his trademarks, logos, domain names, the names of his Works and products, including the designation of the characters, or any other designation.
13.11 The User acknowledges that the Seller is not liable for errors arising from the interference of third parties into the Website or as a result of the use of the Website in a way in conflict with its purpose.
13.12 The Seller is not in relation to the Buyer/Licensee bound by any codes of conduct within the meaning of § 53a paragraph 1 of the Civil Code.
13.13 The User is not authorized to disclose or otherwise publish without the prior written consent of the Seller any information the User has been provided with by the Seller in connection with the Services, which were identified as confidential or which are confidential by nature, except for information that is publicly available or to which the User has a legal obligation to inform. This provision remains in force even after termination of the contractual relationship between the User and Seller.
14. PROTECTION OF PERSONAL DATA AND SENDING OF BUSINESS COMMUNICATION
14.1 Personal data protection of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
14.2 Through making the registration or ordering goods or Services or through starting using the Services, the User gives his consent to the processing of these personal data: name and surname, sex, date of birth, email address, home address, company name and tax identification number, telephone number (hereinafter collectively as "Personal Data"). From these data the following are optional - company name, tax identification number and telephone number, but the Users who do not provide this information will be treated as non-entrepreneurs.
14.3 The User agrees to the processing of Personal Data by the Seller, for the purpose of implementing the rights and obligations from the Purchase or License Agreement and for the purpose of sending the information, namely to create and maintain the User Account, in order to provide Services, and sending notices and for statistical purposes and archiving.
14.4 The User acknowledges that he is obligated to provide his Personal Data (when registering, in his User Account, when ordering from the Web Interface of the online shop) correctly and truthfully and that it is obliged to inform the Seller of a change in his Personal Data without needless delay.
14.5 The Seller may appoint a third person- a processor - for processing Personal Data of the Buyer. The Seller will not provide Personal Data without prior consent of the Buyer to third parties except for persons transporting the goods.
14.6 The Seller is also entitled to provide Personal Data to third parties if it is allowed by the legislation – e.g. Act No. 101/2000 Coll. Personal Data Protection - or if it is necessary to protect his interests and/or detection of crimes, etc.
14.7 Personal Data will be processed for ten years in cases of Purchase Agreements, and for the duration of the License Agreement and for the following five years in cases of License Agreements. Personal data will be processed electronically in an automated way or in printed form in a non-automated way.
14.8 The User confirms that the Personal Data is accurate and that he was advised that the Personal Data is provided voluntarily. The User declares that he was instructed that he is allowed to cancel his consent to the processing of Personal Data in a written notice delivered to the address of the Seller. The right of the Seller to process the Personal Data for purposes and to the extent allowed in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, without the consent of the User, shall not be affected.
14.9 In the event that the User assumes that the Seller or processor (Article 14.5) is processing the Personal Data that is inconsistent with the protection of private and personal life of the Buyer or in conflict with the law, especially if the Personal Data are inaccurate with regards to the purpose of their processing, the User may:
(A) ask the Seller or processor for explanation,
(B) require the Seller or processor to correct the situation. In particular, it may be blocking, correction, supplementing or liquidation of Personal Data. If the Buyer’s request under the preceding sentence is found justified, the Seller or processor will remove the trouble without further delay. If the Seller or processor fails to do so, the User has the right to go directly to the Office for Personal Data Protection. This provision shall not affect the Buyer's permission to turn his complaint to the Office for Personal Data Protection directly.
14.10 If the User asks for information about the processing of his Personal Data, the Seller must deliver this information. The Seller has the right to require reasonable compensation not exceeding the cost of providing the necessary information for providing the information under the previous sentence.
14.11 The User hereby in accordance with the Act No. 480/2004 Coll. on certain Services of the Information Society Services Act and on amending certain laws, as amended, agreed to receiving commercial communications containing information relating to the goods, services or enterprise of the Seller or third parties to the e-mail address of the Buyer, and also agrees to receive commercial messages from the Seller to the Buyer's e-mail address.
14.12 The User acknowledges that the Seller uses so called "cookies” on his Website, which enable the provision of certain functions of the Web Interface. "Cookies" are text files of small size that are downloaded locally on the local computer of the Buyer. Most "cookies", which the Seller uses, are so-called "temporary cookies", which will be automatically deleted after closing the web browser. However, the Seller also uses the so-called "permanent cookies" that remain stored in the computer of the Buyer after closing the web browser. These "permanent cookies" are used to re-identify the Buyer when he re-visits the Web Interface.
14.13 No third parties are authorized by the above-mentioned "cookies" to acquire, use or otherwise process the data of the Buyer.
14.14 The Seller uses different search systems of third parties. This applies for example to a web analysis Service "Google Analytics". Google Analytics, Google Inc.., 1600 Amphitheatre Parkway, Mountain View, California, 94043, USA (hereinafter only "Google") also uses "cookies" to analyze User behavior with regard to the visited Website. This information about the User behavior, generated by "cookies" is transmitted and stored on Google servers in the U.S. Information regarding User behavior is processed and used by Google to evaluate Users’ behavior on the Website for the Seller. Google processes and uses this User information to provide other Services related to the particular use of Websites and to the use of internet Services in general. Google is authorized to transmit User information to third parties if required by legislation or if the User information is processed by a third party with appropriate authorization from Google. Your IP address will not be associated in this process with any other data from Google.
14.15 By using the Website, the User expresses his explicit and voluntary consent with the Seller and Google to be allowed to acquire, use, store and process User information in accordance with Article 14.14. The User is entitled to prevent the involvement of search systems, "Google Analytics" under Article 14.14. or other search systems by disabling saving "cookies" in his Internet browser. For appropriate settings of this mechanism, the User can consult the documentation for his Internet browser.
15.1 Unless agreed otherwise, all correspondence associated with the Purchase or License Agreement must be delivered to the other party in writing, by e-mail, in person or by registered postal services (selected by the sender). The correspondence to the Buyer is delivered to the e-mail address specified in his User Account.
15.2 The message/goods are delivered:
(A) in case of delivery by email at the moment when it is received by the incoming mail server, the integrity of messages sent by electronic mail may be secured by a certificate,
(B) in case of delivery in person or via postal mail services, at the moment of taking over the shipment by the addressee,
(C) in case of delivery in person or via postal service also by denying receipt of the shipment, if the addressee (or person authorized to accept the shipment for him) denies to take over the shipment,
(D) in case of delivery by postal services after ten (10) days after the shipment is deposited and the recipient receives the summons to collect the deposited shipment, even if the addressee has not learned about it,
(E) in case of delivery through the data box at the moment, when the authorized person logs into the data box, otherwise after ten (10) days from the date when the document was delivered to the data box.
16. FINAL PROVISIONS
16.1 Web Interface is the property of the Seller based in the Czech Republic. Although you can access this interface from other parts of the world, by accessing them, you agree that its use, the use of all Works and other materials contained herein is subject to the rule of law of the Czech Republic, no matter how they differ from the laws of the country from which you access the interface.
16.2 Any dispute arising under these Terms and Conditions, contracts, or in connection with them, or arising in connection with the Services, shall be finally resolved in civil proceedings before the ordinary courts of the Czech Republic.
16.3 In case of any discrepancy between these Terms and Conditions and mandatory provisions of the relevant legal regulations such provisions shall prevail.
16.4 The Seller is entitled to sell goods under a trade license and the activity of the Seller is not subject to any other authorization. Trade control is carried out by the trade licensing office.
16.5 If any provision of the Terms and Conditions is invalid or ineffective, or such becomes, the invalid provision is replaced by a provision whose meaning most closely approximates the meaning of the invalid provision. Invalidity or unenforceability of one provision does not affect the validity of other provisions.
16.6 The Purchase or License Agreement, including Terms and Conditions is archived by the Seller in electronic form and is not accessible.
16.7 Contact information of the Seller:
Address for delivery:
252 28 Prague 5 - Lipence,
Phone: +420 604 188 262
Account Number: 670100-2207269911/6210
IBAN: CZ45 6210 6701 0022 0726 9911
16.8 These Terms and Conditions are written in Czech and English. In case of conflict between Czech and English versions, the provisions of the Czech version shall prevail.
16.9 The Seller shall be entitled to unilaterally change the contents of these Terms and Conditions. Any changes to these Terms and Conditions shall become effective on the date specified by the Seller. This provision shall not affect rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
16.10 These Terms and Conditions shall become effective on December 11, 2011