Terms and conditions of advertising
I. Basic Provisions
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., Civil Code of the Czech Republic (hereinafter referred to as "Civil Code")
By YuTa Partners s.r.o. entered in the commercial register kept at the Municipal Court in Prague under registration no. C 398782
YuTa Partners s.r.o.
· ID: 21240167
· registered office: Podnikatelská 539, Běchovice, 190 11 Prague 9
Contact information:
· email: info@yuta.cz
· telephone: +420 234 660 626
· lavo4ka.com or www.lavo4ka.com
(hereinafter referred to as the "operator").
2. The company YuTa Partners s.r.o. is the operator of an internet server, available at the internet address www.lavo4ka.com (hereinafter referred to as the "web"), where offers of goods and/or services (hereinafter referred to as "advertisements") of advertising users (hereinafter referred to as the "user") are displayed under the conditions set out below.
3. The website is focused on displaying individual advertisements of users for the purpose of offering and selling goods or services to those interested in such goods or services (hereinafter referred to as "interested parties") and enables interested parties to search for individual advertisements published on the operator's website.
II. Registration
1. Every user is entitled to place an ad on the website only after prior registration. For successful registration, it is necessary to fill in a valid email address or phone number and enter all data correctly and truthfully. After successful registration, the user has access to his user profile. In this profile, the user can use the following tools:
· they will see the number of views of their ad
· save favorite ads
· write a message about interest in a published ad
· send a message from the website to an email about interest in the ad
· post comments and ratings on other ads
2. Access to the user profile is secured by a username and password. The user is obliged to maintain confidentiality regarding the information necessary to access his user profile. The operator is not responsible for any misuse of the user profile by third parties.
3. The user is not authorized to allow the use of the user profile by third parties.
4. The operator may cancel the user profile, especially in the event that the user no longer uses his user profile, or in the event that the user violates his obligations arising from these terms and conditions.
5. The user acknowledges that the user profile may not be available continuously, especially with regard to the necessary maintenance of the operator's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
III. Formation of a contractual relationship between the operator and the user
1. The contractual relationship between the operator and the user is established for paid services by concluding a contract and paying for the ordered service, unless otherwise agreed.
2. The contractual relationship between the operator and the user is established for services provided free of charge by activating the ordered service as part of registration.
3. The operator and the user agree to conclude and send contracts electronically.
4. A necessary condition for concluding a contract for the provision of services between the operator and the user is the user's acceptance of these terms and conditions and the Price List published on the operator's website and the Personal Data Protection Policy, even before the operator provides the service. The user confirms his agreement to the terms and conditions by concluding the contract or paying for the services, whichever occurs first.
IV. Rights and obligations of the Contracting parties
1. The user is obliged to place only advertisements on the website that are in accordance with these terms and conditions. The operator is entitled to remove advertisements that do not meet these conditions from the website, even without a prior request for correction and without compensation.
2. The user is responsible for the content of the advertisement. The operator bears no responsibility for the content of the advertisement. The user is obliged to comply with these conditions and relevant legal regulations when placing an ad.
3. The user is responsible for ensuring that the content of the advertisement and/or photographs or other files attached to the advertisement do not affect the rights of third parties, especially copyright. The operator is not responsible for interference with the rights of third parties by the user.
4. In the event that the user attaches photographs of which he is the author to the advertisement, at the time of placing the advertisement on the website, he grants the operator a free, non-exclusive license to use the photographs, for the duration of the publication of the advertisement on the website and for the methods of use in accordance with the purpose of the website and in accordance with these terms and conditions.
5. The user may not attach to the ad photos from other sellers' ads originally taken on the goods being sold. The operator reserves the right to remove photos from the website that do not meet the rules set forth in these terms and conditions.
6. In the advertisement, the user is obliged to provide complete and true information about the offered goods and/or service, including information about the functionality of the goods, possible damage, wear and tear, defects and conditions for the sale of goods or the provision of services
7. Only one type of goods or services can be advertised in one ad. However, the user has the right to advertise the same type of goods or services in multiple pieces in one advertisement. However, the user has the right to attach only one attachment/photo to the advertisement.
8. The user is not authorized to post duplicate advertisements on the website. A duplicate ad is an ad identical to another ad published on the operator's website.
9. The user is required to fill in all items marked as mandatory in the interface when placing an ad. The operator reserves the right to remove advertisements that do not contain the user's contact information or that contain false or out-of-date user contact information from the website without compensation.
10. Advertisements on the website are free of charge in the basic version. The user has the option to pay for the promotion of the advertisement on the website. The advertisement will be discounted in the manner and under the conditions specified in Article V of these terms and conditions.
11. The advertisement placed on the website by the user is displayed for a limited time, for a period of 30 days from the day it is placed on the website. The advertisement placed on the website will be automatically deleted after 30 days from the day it was placed on the website. The ad will no longer appear on the site.
12. The user will be contacted by the interested party through the contact form, which is displayed in the detail of the advertisement. The content of the contact form will be sent by the operator to the user's email address that he entered during registration. After sending the content of the contact form to the user, all subsequent communication takes place exclusively between the user and the interested party. If the user's phone number is listed in the ad, the interested party has the option to contact the user via the phone number as well.
13. The user is entitled to remove the advertisement placed by him at any time.
14. The operator mediates contact between the user and the interested party. The operator assumes no guarantees and bears no responsibility for the quality or origin of the offered goods or services, nor for their usability for the purpose for which they are intended. The relationship between the user and the interested party is governed by the provisions of Act No. 89/2012 Coll., Civil Code. Responsibility for delivery, acceptance of goods or provision of services and payment of goods or services is fully borne by the user and interested party.
15. The operator is entitled to interrupt or remove advertisements that, at his discretion, do not meet these conditions, even without a prior call for correction and without compensation. The operator is also entitled to exclude the user from the system at any time or to deny him access to the website, especially due to a violation of the provisions of these terms and conditions.
16. The operator is entitled to remove advertisements at any time if changes to the website or legitimate interests of the operator, or the protection of the rights of third parties require it; the operator is entitled to such removal even without giving a reason.
17. The operator reserves the right to verify the validity of the entered phone number and email for newly registered users by means of a verification SMS or verification email. In the event that the user enters a telephone number or e-mail address for the ad that is not verified by the operator, the operator reserves the right not to publish the ad until the telephone number or e-mail address is verified by the operator.
18. The operator does not guarantee the continuous functionality, error-free operation and security of the website. The operator bears no responsibility for interruption of services due to technical problems, in particular responsibility for damage that may occur to the user or interested party as a result of the complete or partial non-functionality of the website.
19. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
V. Favorable advertisement
1. Discounted ads are charged according to the price list located on the operator's website in the relevant section (hereinafter referred to as the "Price List"). The price list of discounted advertisements is an integral part of these terms and conditions. The operator reserves the right to change prices for discounted advertisements. The discounted advertisement service can be purchased exclusively via an online payment card.
2. Preferred ads are displayed in preferred positions. The advantageous position is the display of the advertisement in the first positions in the list of advertisements and the further display of advertisements on the website for a period longer than 30 days.
3. The preferential advertisement remains in the preferential position in the list of advertisements until another advertisement is favored by another user. When another user favors another ad, the previously favored ad moves to the second-favored position. In the same sense, the shift in other positions takes place.
4. As part of the purchase of the service, the user has the right to attach more than one attachment or photo to the advertisement, according to the price list available on the operator's website.
5. The amount of prices, terms of payment and conditions of discounted advertisements are set on the operator's website in the relevant section marked as Price List, which is an integral part of these terms and conditions.
6. The operator is entitled, in the event that he registers a claim for the user after the due date for a paid service provided by the operator, not to publish the user's advertisement until the paid service has been paid in full.
VI. Processing of personal data
1. The operator processes personal data in accordance with Regulation (EU) No. 2016/679 of the European Parliament and Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (general regulation on the protection of personal data, hereinafter referred to as" regulation"), by Act No. 110/2019 Coll., on the processing of personal data, by Act No. 111/2019 Coll., amending some laws with the adoption of the Act on Personal Data Processing, by Act No. 480/2004 Coll., on certain services of the information society, by Act No. 127/2005 Coll., on electronic communications and other legal regulations governing the protection of personal data
2. For the purposes of using the service by the user and the interested party, in particular placing advertisements and mediating contact between the user and the interested party, the operator is authorized to process the personal data of the user and the interested party or the personal data provided or entered by the user or the interested party when using the website (especially address, descriptive and invoicing data).
3. Such processing of personal data is legal, as it is necessary for the fulfillment of the contract based on which the user and the interested party use the services of the website, and to which the user or the interested party, as the subject of personal data, is a party to the contract.
4. In specific cases, the operator may process personal data beyond the scope of paragraphs 2 and 3 of this article, if such processing is necessary for the purposes of the legitimate interests of the operator or third parties, always in accordance with the legal requirements for the processing of personal data.
5. The user hereby, in accordance with Act No. 480/2004 Coll., on certain information society services, grants the operator consent to send business communications with information about the operator's services and products to the e-mail address provided by the user.
6. If the user or interested party has handed over or will hand over the personal data of their employees or other natural persons to the operator, the user or interested party is obliged to inform these natural persons about the processing of personal data. At the same time, in such a case, the user is obliged to inform the operator of the sending of business communications to the extent specified here and thus ensure the legality of the processing of personal data. Otherwise, the user or interested party is liable to the operator for the damage caused.
7. More detailed information on the handling of personal data is provided in the Privacy Policy document available on the operator's website. The personal data protection policy is also an integral annex to these terms and conditions.
VII. Out-of-court settlement of disputes
1. 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, is responsible for the out-of-court settlement of consumer disputes between the user and the operator. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the user and the operator arising from the contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
VIII. Final Provisions
1. The operator reserves the right to deny the user access to his user profile and, at the same time delete the entire history of advertisements of users who have not logged into their user profile for two years.
2. The operator reserves the right to unilaterally change these business terms and conditions as well as the Price List in accordance with Article V of these business terms and conditions, especially in the event of a change in legislation, a technical change or for other reasons. The operator will notify the user of the change via the service interface at least 7 days before the change takes effect. The user has the right to refuse to change the terms and conditions and to terminate the registration. If the User continues to use the operator's services after the change in business terms and conditions has taken effect, it is considered that he accepts the new wording of the business terms and conditions or the Price List.
3. All agreements between the operator and the user are governed by the legal order of the Czech Republic. If the relationship established by the contract for the provision of services contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
4. The operator is not responsible for errors arising as a result of interventions by third parties in the operator's website or as a result of its use contrary to its purpose. When using the website or its user profile, the user may not use procedures that could have a negative effect on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the website or use it without authorization in such a way that would be contrary to its purpose or purpose.
5. The Price List also published on the operator's website and the Personal Data Protection Policy are an integral part of these terms and conditions.
These terms and conditions become effective on March 1, 2024
