GENERAL BUSINESS CONDITIONS and ADVERTISING REGULATIONS
Effective from: 1 March 2023
The provider of the digital works (hereinafter referred to as "content" or "goods") and the operator of the e-shop (hereinafter referred to as "shop") on the jirijung.cz and jirijung.com websites is Jiří Jung, a self-employed person with registered office at Višňovka 317, 250 70 Postřižín, ID No.: 86718584, VAT No.: CZ7702032800, who is not a VAT payer. Jiří Jung is also referred to hereafter as "provider" or "seller", or by the pronoun "I"). Contact phone: +420 606732490, e-mail: info@jirijung.cz
These General Terms and Conditions ("Terms") govern the mutual rights and obligations between you as the user (Buyer) and me as the Provider (Seller). Before you decide to purchase any content on the "download" or "shop" page, please read these Terms carefully; by clicking on buy (pay) you agree to the Terms, which thereby become legally binding on you.
To use the website, the following hardware and software is required on the part of the user (buyer): a regular personal computer running Microsoft Windows (XP version and later), Linux or Mac OS X, or other compatible devices.
The user (buyer) is aware that the provider (seller) does not provide the hardware and software on the user's (buyer's) side or the internet connection and that all costs associated with this are borne by the user (buyer). The user (buyer) acknowledges that the quality of the service (in particular the speed and quality of the download) may depend to a large extent on the technical equipment of the user (buyer) and the way the user (buyer) is connected to the internet.
CHANGES TO THE TERMS AND CONDITIONS
These Terms are subject to change by the Provider. Please familiarize yourself with the current version of the Terms before making any purchase. The effective date of the current version of the Terms is set out in the header of this page. If you do not agree with the current version of the Terms, do not use the Portal.
WEB DESCRIPTION
As part of the Presentation, I offer users through a web interface:
downloading service, i.e. the possibility to download digital (on demand) content selected by the user and to acquire a temporary and/or permanent copy of it;
the possibility to purchase the provider's goods (typically a wav, mp3, doc file).
INTELLECTUAL PROPERTY PROTECTION
The digital content made available to users via the Site ("Download") or via the e-shop ("Digital Content") is typically an audio or audio-visual or visual recording of musical or audiovisual work(s) (including accompanying material) and other items protected under copyright law and other intellectual property protection laws.
The provider (seller) is authorised to provide content on the basis of personal ownership and contractual relationships with rights holders.
The User (Buyer) is entitled to use the Content/purchased Goods made available exclusively for his/her own personal use when purchasing the Goods. The User (Purchaser) is not entitled to copy the Content, the Goods or any part thereof in any form beyond his/her personal use and is not entitled to make it available to other persons. The User is not entitled to use the Content, the Goods or any part thereof for any economic benefit or for business purposes (without further license).
The User is not entitled to alter or modify the Content, the Goods or any part thereof in any way (including conversion to another data format) or to use it to create any other creation, except for technical modifications necessary to use the Content, the Goods for personal use in accordance with these Terms.
Registered and unregistered trademarks, trade names and other signs mentioned in the provision of the service, the use of the e-shop and the Content, Goods and/or forming part of the Content or Goods are the property of the provider (seller) or its contractual partners and may not be reproduced or imitated in any way.
The User (Buyer) undertakes not to attempt to remove, alter or circumvent the technical means of protection of the Content or Goods or the information identifying the rights to the Content or Goods.
The User (Buyer) agrees not to attempt to access the Content or Goods except in accordance with these Terms.
The User (Buyer) acknowledges that any conduct that violates the above prohibitions is an infringement of intellectual property rights, punishable by law. It is also grounds for immediate termination of access to the service or e-shop (withdrawal) by the provider (seller).
AGE RESTRICTIONS
Users (buyers) under the age of 18 should have the consent of their legal representatives to use the service/e-shop.
REGISTRATION AND DATA PROTECTION
Before using the e-shop, user registration must take place. When registering, the user (buyer) is obliged to enter all data truthfully and completely, including optional data if he chooses to enter it. By registering, a so-called user account is created. In the event of a change in any of the entered data, the user (buyer) undertakes to enter this change immediately into his user account. The above applies equally when making a payment for the purchase of content or goods in the e-shop. Access to the user account is secured with an e-mail address and password. The user (buyer) is obliged to maintain the confidentiality and protect from disclosure these data allowing access to his user account and must not allow the use of his user account by another person. The User (Buyer) acknowledges that the Provider (Seller) shall not be liable for the consequences associated with a breach of this obligation.
The user (buyer) has the right to cancel his/her user account at any time. The provider (seller) has the right to cancel the user's user account if the user (buyer) violates the terms and conditions or if he/she does not use the content/e-shop for more than 12 months.
By registering, the user (buyer) consents to the processing of his/her personal data entered during registration and payment (including subscription), in particular to their storage in the database of registered users and their use for the purpose of offering or providing a service or using the e-shop, delivery of Goods and in this context, including their use:
within the framework of the payment system "PayU" operated by PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, Poland, NIP 7792308495,
when paying by the "PayPal" payment system operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
to send commercial communications, in particular information related to the goods, services or plant of the provider (seller),
when sending the Goods to the Buyer via the Czech Post, s.p., with registered office at Prague 1, Politických vězňů 909/4, 225 99, ID: 47114983.
The Provider (Seller) undertakes to use this personal data exclusively for the purposes stated and guarantees its protection against disclosure to third parties, except for the persons listed under a) to e) above, to whom the data may be provided as administrators and other processors. The user's (buyer's) personal data will be kept in the user database for as long as the user account is maintained and for as long as necessary for the exercise of the rights and obligations under the contractual relationship for the provision of the service or the purchase contract and legal obligations. The user (buyer) agrees that the provider (seller) uses a third party to process personal data.
The user (buyer) may withdraw consent to the processing of his/her personal data at any time. Consent can be withdrawn at any time in writing [or by sending an email or letter to the contact address of the provider (seller). In this case, the provider (seller) will stop all processing activities. However, the withdrawal of this consent does not mean that the provider (seller) has to delete the personal data it processes for the purpose of fulfilling the contract concluded with the user (buyer). This also does not affect the right to request the deletion of these personal data concerning me that are still held by the provider (seller).
The provider (seller) does not intend to transfer the personal data to a third country or an international organisation. Under certain conditions, personal data may be disclosed to public authorities (courts, police, notaries, tax authorities, etc., in the exercise of their legal powers) or the provider (seller) may disclose them directly to other entities to the extent provided for by a specific law.
The user (buyer) agrees to the use of the provider's (seller's) services for the purpose of consultation, promotion, market research, research and analysis, so that the provider's (seller's) services can evolve and meet the user's (buyer's) requirements. The user (buyer) expressly agrees to receive email newsletters from the provider (buyer). This consent can be revoked at any time by email to info@jirijung.cz or in the parameter settings in the user profile.
The user (buyer) agrees that his/her access to the services of the provider (seller), if such access was made via a partner site, is stored with cookies. These cookies do not contain any personal data of the user (buyer), but are used exclusively to support the connected affiliate program. The cookies will be automatically deleted after the user (buyer) has registered. If registration is not done, the cookies are usually automatically deleted after 30 days.
The user (buyer) agrees that the provider (seller) uses the services of Wix.com, smartselling a.s., Facebook login, Google login, which process the email address of the user (buyer).
The user (buyer) further agrees that the provider (seller) uses the services (without providing any data of the user (buyer) to these parties) of Google Analytics, Google Adwords, Facebook Ads, List Sklik, affiliate networks and Wix.com by placing measurement codes on the site, which are then used for conversion measurement, remarketing and evaluation of site traffic.
In case of any suggestions, questions or uncertainties regarding the processing of personal data, including complaints, you can contact the provider (seller) at info@jirijung.cz.
In case of doubts about compliance with the obligations related to the processing of my personal data, I can also contact the Office for Personal Data Protection, located at Pplk. Sochor 27, 170 00 Prague 7, email: posta@uoou.cz, website: https://www.uoou.cz.
More information about the processing of personal data by the provider (seller) can be found here.
CONCLUSION OF THE PURCHASE CONTRACT AND DELIVERY OF GOODS
The following paragraphs apply only to the conclusion of the purchase contract.
These conditions form part of the contractual agreement between the seller and the buyers. This contractual arrangement constitutes a contract of sale between the Seller on the one hand and the individual Purchasers on the other hand; this contract of sale is referred to in the Conditions as the "Contract of Sale".
The Buyer specifies the Goods to be purchased from the Goods offered in the e-shop; however, this offer is only an invitation to contract and does not guarantee the availability of the Goods offered. The Purchase Contract is only concluded upon confirmation (acceptance) of the order by the Seller.
The Seller undertakes to hand over the Goods to the Buyer and transfer the ownership of the Goods to the Buyer and the Buyer undertakes to pay the purchase price and take possession of the Goods. The Buyer acquires title to the Goods only upon full payment of the purchase price, including value added tax and including shipping costs and postage, if any.
The Goods are dispatched or prepared for the Buyer usually within 3 working days from the date of order confirmation. If the Goods are not in stock, the Seller shall inform the Buyer without undue delay.
Delivery in these terms and conditions means allowing the disposition of the Goods to the Buyer. The Seller shall, at the Buyer's option, prepare the Goods either for collection in person at its premises or by dispatch (at the Buyer's cost and risk unless otherwise specified below) to the Buyer's notified delivery address.
In the case of shipment of the Goods to the Buyer, the Buyer shall generally have a choice between several means of delivery of the Goods which the Buyer selects when ordering the Goods. When ordering Goods, the delivery charges and the estimated delivery time of the Goods are also indicated, but the carrier, not the Seller, is responsible for this.
CONSUMER WITHDRAWAL FROM THE PURCHASE CONTRACT, RETURN AND EXCHANGE OF GOODS AND OTHER INFORMATION FOR CONSUMERS
The Consumer has the right to withdraw from the Purchase Contract (not from the Service Contract) without any reason and without any penalty within 14 days from the date of receipt of the Goods. In order to comply with the withdrawal period, it is sufficient to send a notice of exercise of the right of withdrawal within the period.
In the event of the consumer's withdrawal from the purchase contract, the consumer is entitled to a refund of the purchase price within 14 days from the date of the consumer's withdrawal from the purchase contract. The Seller is entitled to refuse performance (refund of the purchase price) until the Consumer has fulfilled his obligation to return the Goods received.
In the notice of withdrawal, the consumer shall identify the purchase contract, in particular, his name and surname, order number and date of purchase and the bank account number or address for sending the refunded purchase price.
The Consumer is also obliged to return the Goods received to the Seller within 14 days of withdrawal, in their entirety (all Goods received must be returned), in their original undamaged packaging. The costs of returning the Goods shall be borne solely and in full by the consumer.
In the event that a consumer dispute arises between me and the consumer under a contract of purchase or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for the out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: https://adr.coi.cz
PRICE AND PAYMENT TERMS
Content and Goods are provided for a fee. The Provider (Seller) may change the price of the Content or the Goods; the price indicated by the Provider (Seller) at the time of sending the order is binding for the User (Buyer). Discounts are valid at the time of display on the Website and may be valid for a limited time, unlimited or, in the case of Goods, limited while stocks last, as indicated for the individual Goods.
The price of the Service is payable before the ordered Content is made available to the User, within 3 days of the conclusion of the Service Agreement. The purchase price for the Goods is generally payable in advance or on receipt of the Goods (on delivery). or at the contracted dispensing points by cash or credit card
The Buyer may pay the purchase price for the Goods in one of the following ways at the Buyer's option: in cash or by credit card upon receipt of the Goods at the Seller's premises or at the postal or parcel service provider upon delivery of the Goods on delivery. Digital content cannot be paid for by these methods.
The user (buyer) can pay the price of the service by paying with Visa, MasterCard, Visa Electron, Maestro credit cards provided by Raiffeisenbank a. s., as well as by depositing into the provider's (seller's) account, all through the payment system "PayU" operated by PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, Poland, NIP 7792308495, the "PayPal" payment system operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. or the "PayPal" payment system.
The Provider (Seller) undertakes to issue a tax receipt to the User (Buyer) for the price paid for the Service, or the price of the Goods or the payment of the subscription fee, upon the request of the User (Buyer). The User (Buyer) agrees to send the tax documents electronically, provided that the authenticity of the origin and the integrity of its content is preserved (i.e. usually in .pdf format).
SERVICE OFFER, E-SHOP AND AVAILABILITY
The Provider (Seller) decides which Content and which Goods will be offered as part of the Service and e-shop offer and the price of the Service or Goods. The User (Buyer) shall have no claim arising from a reduction in the Content or Goods offered or a change in the price of the Service or the price of the Goods. In particular, the user (buyer) acknowledges the possible temporary unavailability of some Content or the entire service or e-shop due to necessary maintenance of the website or to comply with the instructions of the rights holders. The Provider (Seller) has the right to decide at any time to discontinue the operation of the website and/or e-shop.
It is the provider's (seller's) priority interest to maintain the full functionality of the website, to improve and expand its functions and to create a user-friendly environment. However, the Provider (Buyer) shall not be liable for any defects in the service ordered by the User or for any delay in delivery of the Goods resulting from the intervention of another person in the Website or User account or from the use of the Service, e-shop or User account in violation of these Terms and Conditions and their purpose, and in the event of malfunctions in the User's (Buyer's) data network, public data network, hardware or software equipment of the User (Buyer), or for indirect damages caused thereby, such as loss of the User's (Buyer's) data, etc. In exceptional cases, the website may be temporarily unavailable due to necessary hardware or software maintenance.
ADVERTISING POLICY
A - COMPLAINTS
The Seller provides a guarantee for its Goods to consumers (i.e. persons not acting in the course of concluding or performing a purchase contract in the course of their trade or other business) for a period of 24 months from the date of receipt of the Goods by the consumer. The warranty certificate shall be the receipt issued to the consumer for the purchase of the Goods.
If any defects occur during the warranty period, the consumer is entitled to claim from the Seller for free removal of the defect. Instead of removing the defect, the Seller may provide the Consumer with replacement Goods. If it is not possible to remove the defect or to supply replacement Goods, the consumer may demand a reasonable discount on the purchase price or withdraw from the contract to the extent of the defective performance.
The guarantee does not cover defects caused by violent impact on the Goods (impact, fall, water, etc.), wear and tear of the Goods caused by their normal use, etc. For discounted Goods, the warranty does not cover defects for which the Goods have been discounted.
Claims arising from the warranty shall be made by the consumer by complaint to the Seller, at its premises or at its registered office, usually in writing. The transport of the claimed Goods, if the consumer does not claim in person, shall be borne by the consumer. In the event of a legitimate claim, the Consumer shall be entitled to reimbursement of the reasonable costs of transport of the claimed Goods.
After the submission of the claim, the Seller shall issue the Consumer with a written confirmation of when the Consumer exercised his/her right, what is the content of the claim and what method of handling the claim the Consumer requires. The Seller shall also issue the Consumer with a confirmation of the date and method of settlement of the claim and, in the event of rejection of the claim, the reasons for the rejection. If the consumer has made a claim in person, he/she is obliged to collect the Goods; after one month from the notification of the claim settlement, the consumer is obliged to pay a storage fee of CZK 100 per week, payable monthly in arrears.
The Seller shall decide on the complaint within three working days of the complaint being submitted. The Seller shall settle the claim and remove the defects of the Goods within 30 days from the date of the claim and shall also inform the Consumer by e-mail within the same period of time on how the claim will be settled (unless the parties agree on a different period of time); if the Seller does not remove the removable defects of the Goods within this period of time, it shall be deemed that the defect cannot be removed.
B - SERVICE/CONTENT COMPLAINTS
Complaints about the services provided, in particular the failure to provide the Content in accordance with the order, delay in providing the Content, defects in the Content preventing its use by the user, etc., must be filed with the Provider without delay, in writing at the Provider's registered office or by email at the contact address info@jirijung.cz.
The Provider undertakes to settle the complaint within 30 days of receipt of the complaint. If the User does not make any other claim, the Provider undertakes to resolve the acknowledged defects by providing safe Content in accordance with the User's order. If this is not possible or if the User requests it when making a claim, the Provider shall refund the price already paid for the provision of the service in the event of a justified claim (if the User has used PayPal, the Provider is entitled to refund the price via PayPal).
FINAL PROVISIONS
The user (buyer) acknowledges that the provider (seller) is not obliged to provide the services and is not obliged to conclude a purchase contract, in particular with a person who has violated the terms and conditions in the past or who has violated intellectual property rights in the past or there is such a reasonable suspicion (e.g. due to the identity of the IP address). For this purpose, the provider (buyer) is entitled to cancel or temporarily block the user account.
The User (Purchaser) agrees to the use of remote means of communication when concluding a service contract or purchase contract, when paying the price for the services or the Goods and when providing the service. Costs incurred by the user (buyer) in the use of remote means of communication in connection with the conclusion of the contract for the provision of services, respectively the purchase contract and the use of services shall be borne by the user (buyer) himself.
The Provider shall have the right to withdraw from the Purchase Contract or the Service Contract if the User fails to pay the price of the Goods or the price of the Service properly and on time. In the event of cancellation of the Purchase Agreement, the Purchaser shall be obliged to return the Goods in accordance with paragraph 34 of these Terms and Conditions. In the case of a service contract, the User shall destroy all copies of the Content made under the contract and the Provider shall refund the price already paid to the User.
These Terms and Conditions and all contracts concluded pursuant to them shall be governed by Czech law (excluding conflict of laws rules), excluding the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods negotiated in Vienna on 11 April 1980. This also applies to contractual relations with a foreign element. For disputes arising in connection with a contract for the provision of services, the exclusive jurisdiction of the Czech courts is agreed.
For the contract of sale or the contract for the provision of services, the applicable version of the terms and conditions shall be that in force at the time of its conclusion pursuant to paragraphs 21 and 26 respectively of these terms and conditions. The User is not bound by any codes of conduct when using the Portal.
The Purchase Contract or the Service Contract is concluded exclusively in the Czech language. The Purchase Contract or the Service Contract will not be in writing, will not be stored with the Seller (Provider) and the Seller (Provider) will not allow the Consumer to access the Contract, therefore the Consumer is advised to keep the concluded Purchase Contract or the Service Contract, i.e. the confirmed order and these Terms and Conditions.
The original of the terms and conditions is kept at the registered office of the seller (provider). The seller (provider) is obliged to allow the buyer (user) to consult the original terms and conditions and to make a copy of them at his own expense. Upon request made by electronic mail to the electronic address of the Seller (provider), the Seller (provider) shall send a copy of the Terms and Conditions to the Buyer (user) in electronic form.
The Buyer (User) is obliged to keep his/her contact details up to date until all his/her obligations under the Purchase Contract or the Service Contract have been fulfilled.
These terms and conditions shall take effect on the date of publication and shall apply to purchase contracts or service contracts concluded at the time of their effectiveness. Previous versions of the Terms and Conditions are available on the Seller's (Provider's) website.
According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer.