Terms and Conditions
(hereinafter referred to as the „terms and conditions“)
of the company
Abum.cz, s.r.o., Company ID No.: 26851938, VAT number: CZ26851938,
registered office: Šmeralova 991/5, 779 00 Olomouc,
registered at the Regional Court in Ostrava, section C, insert 50436
(hereinafter reffered to as „the company“)
1. INTRODUCTORY PROVISIONS
1. These terms and conditions define the conditions under which services of the European dating site are operated by Abum.cz, s.r.o., Company ID No.: 26851938, VAT number: CZ26851938, registered office: Šmeralova 991/5, 779 00 Olomouc, registered at the Regional Court in Ostrava, file No. C 50436 (hereinafter referred to as the "European dating site") are used on the web interface https://www.tschechische-traumfrauen.de (hereinafter referred to as the "web interface").
2. These terms and conditions of the company regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the implementation contract concluded between the company and the customer (hereinafter referred to as the „customer“).
3. The European dating site operates an internet dating portal for the purpose of meeting customers for the purpose of friendship, partnership, or possible marriage, as well as other social ties based on the customers meeting on the web interface. The European dating site does not do any erotic or sexual dating, and this is controlled by the company. The web interface provides customers with free (basic membership) and paid services - VIP membership. Under the terms of the implementation contract and these terms and conditions, the customer gets access to the database of profiles of other customers of companies from third countries and information about them. The offer is variable and fully available on the web interface.
4. Provisions deviating from the terms and conditions can be negotiated in the implementation contract. For the purposes of the terms and conditions, the implementation contract is an innominate contract according to section 1746, subsection 2 of Act No. 89/2012 Coll., Civil Code, as amended, which regulates the rights and obligations between the company and the customer (hereinafter referred to as the "implementation contract"). Deviating provisions in the implementation contract prevail over the terms and conditions.
5. The provisions of the terms and conditions are an integral part of the implementation contract. The implementation contract and the terms and conditions are drawn up in the language of customer’s registration.
6. The implementation contract is concluded on the ground of free registration, in which the customer fills out a web interface questionnaire with one photo. In order to conclude an implementation contract, approval of registration by the company is necessary. After the registration has been approved by the company, the European dating site will take care of displaying the customer's profile on a dating site with Czech and Slovak speaking customers within the dating site that the company operates in the country.
7. The wording of the terms and conditions may be changed or supplemented by the company. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
8. Customers who have registered for a free (basic) membership can take out a paid VIP membership at any time. Before concluding a paid VIP membership, the customer is informed about the relevant paid service and payment conditions. Customers activate VIP membership by clicking on the paid VIP membership order.
9. The European dating site cannot guarantee the successful mediation of a contact. For this reason, the European dating site is not responsible if no contact occurs during the duration of the contract.
10. The European dating site reserves the right to block the created account of the customer in the event that it learns that the information provided in it are incorrect, the customer is interested in mediating acquaintances with customers for reasons other than those that are the purpose of the web interface, or the customer's actions lead to a violation of the implementation contract or terms and conditions, even in the case of VIP membership. The European dating site is not used for advertising and promotion of any services and goods, in which case the customer's account will be immediately blocked by the company always without compensation.
11. The European dating site reserves the right to interrupt the operation of the web interface due to the necessary maintenance of the web interface. The European dating site is also not responsible for unplanned outages of the web interface, outages caused by force majeure or internet malfunctions, in which case the European dating site undertakes to seek remedial measures immediately.
12. In order for the customer to be able to use the services of the European dating site to the full extent, he must use the latest technologies (browsers) or they must enable the use of these technologies on their computer (e.g. activate cookies).
2. CONCLUSION OF THE IMPLEMENTATION CONTRACT
1. Access to the use of European dating site requires successful customer registration, confirmation of registration by the company and subsequent customer login to the account created by the customer in the web interface. To register, the customer needs a valid e-mail address and chosen user password, a photo to upload, as well as to fill in the entry form. The customer must be of legal age for registration. The company may at any time ask the customer to prove the authenticity of the data provided by him during registration. The created customer account is owned by the company. The customer may not share their contact details in the uploaded photo, description "My dream", description "Message to a partner", or in any other way that would bypass customer introduction other than through the web interface, for the purpose of establishing communication within another platform or means of communication, when such customer behavior will be the reason for blocking the created customer account.
2. After registering and confirming the registration by the company, the customer will receive an e-mail confirming the conclusion of the implementation contract, which means free (basic) membership, for an indefinite period. Part of the free (basic) membership is the possibility to insert text, image and sound information on the web interface, to display, send, play, delete or otherwise work with web data from other customers of the company.
3. In addition to the (basic) membership, the customer can also purchase a paid VIP membership which provides the customer with wider opportunities for dating. To obtain a paid VIP membership, it is necessary for the customer to make a purchase of a paid VIP membership within the web interface (i.e. choose the type of membership, enter payment information and confirm this by clicking "Buy with the obligation to pay the price of the service") and the payment for this service was in the agreed amount credited to the company's account.
4. Before purchasing a paid VIP membership, the customer is informed of all essential facts, such as the content of the relevant service, the period of service provision, price and payment terms.
5. The contractual relationship of paid VIP membership is established only when the customer receives a confirmation of the activation of paid services within the customer's account on the web interface.
3. PAID VIP MEMBERSHIP
1. The use of paid VIP membership is voluntary on the part of the customer, and it depends only on the customer whether he uses the service or not.
2. Description, pricing conditions and instructions for paid VIP membership, including individual types of paid VIP membership, are listed on the web interface. Before activating the paid VIP membership, the user is always notified that the service is charged. The price list and available payment methods are listed in the paid VIP membership section.
3. If the user pays a fee for the selected paid VIP membership which he subsequently cancels without a serious reason from the company, the paid payment is not returned.
4. The company bears no responsibility for any customer costs associated with the payment resulting from the contractual relationship between the customer and his mobile operator or the bank that issued the user's payment card or that maintains a bank account for the user through which the payment was made.
5. Paid VIP membership has 3 types, divided with respect to the range of paid services and duration of VIP membership. The paid VIP membership "10 days" includes a ten-day paid VIP membership, during which the customer can contact 5 women per day, give 3 gifts per day, perform 3 Love tests per day, watch videos and photos of other women contacted, as well as contact a woman on map. Paid VIP membership "30 days" includes a thirty-day paid VIP membership, during which the customer can contact 10 women per day, donate 7 gifts per day, perform 7 Love tests per day, watch videos and photos of other women contacted, as well as contact a woman on map. Paid VIP membership "100 days" includes a hundred-day paid VIP membership, during which the customer can contact 15 women per day, give 10 gifts per day, perform 10 Love tests per day, watch videos and photos of other women contacted, as well as contact a woman on a map. At the same time, each customer, beyond the scope of the selected paid VIP membership, can activate the paid service "hot" for the duration of the selected paid VIP membership, within which the customer is highlighted on the web interface with the icon of the activation of the paid service "hot", which enables the priority location of the customer on the map and in the list of profiles in which the customer presents himself to other customers of the company (to the women) within the web interface.
4. LOGGING OUT, AUTOMATIC EXTENSION OF PAID (VIP) MEMBERSHIP AND ACCOUNT BLOCKING
1. Cancellation of the free (basic) membership (deletion of the profile) by the customer is possible at any time within the web interface.
2. The customer acknowledges and agrees that each contract on paid VIP membership is automatically extended by the same, previously contractually agreed duration, as well as paid "hot" service, if the customer of paid VIP membership or paid service " hot" will not cancel before the original duration expires. The automatic extension of the contract serves so that the customer can use the services of the European dating site without having to take any formal steps that could limit his continuous access to the services of the paid VIP membership.
3. The European dating site undertakes to inform the customer at least 5 days before the end of the agreed duration of the paid VIP membership of the expiry of the period of validity of his membership and of the fact that if the customer does not cancel the paid VIP membership within the period according to this article, the service will be extended automatically, namely on the same period and under the same or better financial conditions for the customer, while maintaining the same or better standard of services provided.
4. After termination of the paid VIP membership, the customer automatically returns to the free (basic) membership and the limited range of services associated with it.
5. The company has the right to block the created account, including the customer's paid VIP membership, without compensation if the company get to knows that the customer is interested in mediating the introduction of customers for reasons other than those that are the purpose of the web interface, or by the customer's actions there will be a violation of the implementation contract or terms and conditions, even in the case of VIP membership.
5. COMPLAINT PROCEDURE AND DISPUTE RESOLUTION
1. All complaints related to the activities of the European dating site are governed by these terms and conditions.
2. The customer is fully responsible for the use of the web interface, the company bears no responsibility for the customer's self-presentation within the profile created by him. The company is also not responsible for the fact that the customer provided incorrect information during registration.
3. In the case that the customer discovers the imperfections of the web interface and properly applies them to the company, the company is obliged to deal with them and inform the customer about this within 30 days.
4. Mutual disputes between the company and the customer are resolved by the competent courts. The company undertakes to preferentially seek out-of-court settlement of disputes with the consumer, if the consumer does not reject them. The consumer has the right to use, in accordance with the law and the relevant conditions, the institute of out-of-court resolution of consumer disputes (ADR) within the Network of European Consumer Centers (ECC-Net).
5. During the duration of the negotiations on the out-of-court settlement of the dispute, the statute of limitations and preclusion periods do not run or begin to run, until one of the parties to the dispute expressly refuses to continue the negotiations.
6. Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is performed by the Czech Trade Inspection Authority (www.coi.cz).
7. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 00020869, www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the implementation contract.
8. It is also possible to initiate alternative dispute resolution via the online form at https://webgate.ec.europa.eu/odr/ or ECCNET-CZ@ec.europa.eu.
6. OPERATION OF THE WEB INTERFACE AND MANAGEMENT OF PERSONAL DATA
1. The customer using the web interface is fully responsible for compliance with the terms and conditions and is obliged to follow them. If the user does not agree with the terms and conditions, he should not use the web interface. By agreeing to the terms and conditions, the user accepts all their provisions. Without agreeing to the terms and conditions, the user is not allowed to register or enter any data.
2. The company recommends the customer to use the latest technologies, i.e. the latest version of the browser, operating system, etc. Otherwise, the company does not guarantee the user full operation of the web interface.
3. As part of the operation of the web interface, the European dating site allows customers to access the web interface, and also enables the insertion of text, image and audio information (hereinafter referred to as "data") to the web interface, and to display, send, play, delete or otherwise interact with the web data work further. The European dating site is entitled, without the customer's consent or prior notice, to use this data in accordance with these terms and conditions. The company is not responsible in any way for the customer's activity on the web interface or for the way he uses the web interface, all responsibility rests upon the customer.
4. Certain instructions and restrictions apply to the data that the customer enters on the web interface, where it is prohibited to enter data protected by copyright law without the user having the rights to the data enabling the given use, it is prohibited to enter URL links to other commercial Internet services, unless expressly stated otherwise by the administrator, it is forbidden to create duplicate registrations - so-called "identities", i.e. a situation where one and the same person is demonstrably hiding behind multiple online registrations, on dating and community websites it is strictly forbidden to offer and advertise any services or goods by the user, whether for payment, exchange or free of charge - the user expressly declares that he will not use the web interface for any commercial purposes or practices. Other instructions regarding the use of the web interface are published directly on the relevant pages of the web interface. The customer is obliged to respect these instructions. The company reserves the right to delete the data or move the data, profile or advertisement to another category if the category/area/focus selected by the user does not correspond to the entered data. The user acknowledges and agrees that the data entered on the web interface may be displayed, read, processed or otherwise used by the company.
5. If the user enters data in connection with the use of the web interface, he thereby grants the company the following rights to these results of the user's activity, even if they are a work within the meaning of Act. No. 121/2000 Coll., on copyright: to use, modify, copy, distribute, pass, publicly exhibit, publicly perform, reproduce, publish, sublicense, transmit or sell any such communications and create derivative works from them, sublicense to a third party unrestricted rights to exercise any previous rights granted in relation to such data. The company owns all copyrighted works provided by customers as data within the web interface.
6. The user may not use the web interface in a way that could damage, disable, overload or impair the function of the web interface, or limit, damage or offend other customers in any way. The customer may not in any way obtain or attempt to obtain any materials or information related to the web interface that are not (were not) made publicly available or provided through the web interface.
7. The customer undertakes not to provide his account login data to a third party. Otherwise, he is aware that they may be misused, and, in this context, he is also aware of the resulting risks for him. The company bears no responsibility for any misuse of login data and associated unauthorized interventions by third parties.
8. The customer hereby grants explicit and voluntary consent to the sending of emails to the email address provided by the customer during registration. The customer can revoke this consent at any time. Emails sent to the customer may be informative, advertising or commercial.
9. The customer acknowledges that the web interface is connected to another web interface ensuring the connection of the account according to the customer's requirements.
10. The customer further acknowledges that advertisements by companies, advertising systems or third parties are displayed on the web interface. The customer also acknowledges that advertising systems may use information about the customer's ad visits to target advertising or offers of goods or services (so-called cookies).
11. The company bears no responsibility for damages that may incur directly, indirectly or accidentally to the customer or third parties as a result of or in connection with the use of the web interface or the impossibility of using it or in direct or indirect connection with this fact. The customer acknowledges that there may be an outage in the operation of the web interface, and that data may be lost. The company bears no responsibility in these cases.
12. The company reserves the right to delete the customer's account without compensation and all data will be deleted if the customer does not use the account for more than 6 months.
13. The company is the administrator of personal data in the sense of the relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /EC (General Data Protection Regulation)) also "GDPR Regulation".
14. In accordance with Article 12 of the GDPR Regulation, the customer (hereinafter also "data subject") is hereby provided with information on the processing and protection of personal data and related rights.
15. The protection of the customer's personal data is provided by the GDPR Regulation with effect from 25/05/2018.
16. The company proceeds in such a way that the data subject does not suffer damage to his rights, especially the right to preserve human dignity, and also takes care to protect against unauthorized interference in the private and personal life of the data subject.
17. The categories of processed personal data are governed by the scope in which they were provided to the company, especially by the data and information obtained as part of the contracting process when placing orders.
18. Based on the above mentioned, the company thus processes the customer's personal data in the following range of address, identification and descriptive data. Primarily, it is the name, surname, contact information (email address, telephone number), residential address, delivery (invoicing) address, if it is not the same as the residential address, identification number, tax identification number, account number (hereinafter referred to as "personal data").
19. The company, as a data controller, processes personal data in accordance with the GDPR Regulation, eventually with other relevant legal regulations and while simultaneously protects the rights of persons whose data is processed.
20. The purpose of personal data processing is:
- implementation of rights and obligations for the purpose of fulfilling the implementation contract,
- fulfillment of the company's legal (statutory) obligations,
- purposes included in the scope of the consent granted by the subjects of personal data.
21. The legal reason for the processing of personal data is especially the following:
- the processing of personal data is necessary to fulfill a legal obligation that applies to the company as a data controller,
- the processing of personal data is necessary for the fulfillment of a contract to which the customer as the data subject is a party, or for the implementation of measures taken before the conclusion of the contract at the request of the customer,
- consent of the data subject (customer) to the processing of his personal data for one or more specific purposes, if none of the above-mentioned legal grounds for processing is met.
22. The company may entrust the processing of personal data to a third party as a processor. Apart from the persons transporting the goods, the personal data of the company will not be passed on to third parties without the prior consent of the customer.
23. The customer's personal data is processed manually and automatically, including profiling. The company considers personal data to be confidential and will not pass it on to third parties without the consent of the subjects of the personal data or a legal obligation, unless it is an entity belonging to a concern to which the company also belongs, which has its registered office within the European Union. In addition to the company, third parties within the European Union will also have access to personal data - processors who provide suitable guarantees and whose processing meets the requirements of applicable legal regulations, and which ensures proper protection of rights.
24. The customer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the company without undue delay of any change in his personal data. If the customer does not do so, the resulting consequences are borne by the customer.
25. Personal data are processed for the necessary period. Personal data are processed for the period necessary to fulfill the purpose of the implementation contract and during the warranty period for the delivered goods and/or services, except in cases where the law provides for a longer period of personal data storage (e.g. for the purpose of archiving, guarantees, accounting, etc.). Personal data processed on the ground of consent are processed for the longest until the withdrawal of consent, which can be done at any time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
26. Revocation of consent does not affect the legality of processing based on consent that was given before its revocation. The withdrawal of consent also does not affect the processing of personal data that the company processes on the ground of a different legal basis than consent (i.e. especially if the processing is necessary for the fulfillment of a contract, a legal obligation or for other reasons specified in applicable legal regulations).
27. The customer confirms that the personal data provided are accurate and that he has been informed that this is a voluntary provision of personal data.
28. According to the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /EC (GDPR), the customer, as a data subject, has especially the following rights:
a) the right to information
b) the right to access personal data and their portability
c) the right to correct inaccurate personal data or supplement them
d) the right to erasure of personal data ("the right to be forgotten")
e) the right to limit the processing of personal data
f) the right to object
g) withdraw consent to the processing of personal data
h) the right to obtain confirmation from the company as to whether the subject's personal data is being processed.
29. The rights listed in point 15. can be exercised by the subjects of personal data through this instruction, by contacting the company. For more detailed instructions, information on the processing of personal data and the exercise of their rights, the subject of personal data (customer) can contact the company via email address. For security reasons, the company can only handle requests related to personal data associated with the specific email address that the customer used to send their request, and in certain cases, the company must verify the identity of the data subject before processing the request. Requests for access, correction or deletion and other requests regarding personal data may be requested:
- via e-mails: info@tschechische-traumfrauen.de
- by mail to the address: Šmeralova 991/5, 779 00 Olomouc.
30. The company is obliged to respond to these requests without undue delay, in accordance with applicable legal regulations, i.e. no later than 1 month after receiving the request. The deadline can be extended if necessary, taking into account the complexity and number of applications, by up to another 2 months. The company is obliged to inform the data subject about such an extension no later than 1 month after receiving the request together with the reasons for this postponement.
31. Information according to point 16. of this article is provided by the company free of charge. If the requests submitted by the customer are manifestly unfounded or unreasonable, because they are repeated, the company may:
- impose a reasonable fee that takes into account the administrative costs associated with providing the requested information or communication or taking the requested actions; or
- refuse to comply with the request.
32. The company fulfills its information obligation towards the customer within the meaning of Article 13 of the GDPR regulation related to the processing of the customer's personal data for the purposes of fulfilling the implementation contract, for the purposes of negotiating this contract and for the purposes of fulfilling the company's public obligations, through a special document (principles of personal data processing).
33. The customer agrees to receive information related to the company's goods, services or business to the customer's email address and further agrees to receive the company's business communications to the customer's email address. The company fulfills its information obligation towards the customer in accordance with Article 13 of the GDPR regulation related to the processing of the customer's personal data for the purpose of sending business communications through a special document.
7. DELIVERY
1. It may be delivered to the customer at the email specified by him or via messages within the customer's account on the web interface.
8. FINAL PROVISIONS
1. If the relationship established by the reservation contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. If this negotiation of the applicable legal regulation for the given relationship is not possible, the applicable legal regulations closest to those referred to in this terms and conditions within the Czech legal order shall apply. This does not affect consumer rights arising from generally binding legal regulations.
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.
3. The company is entitled to change the terms and conditions at any time, the user will be notified of any change by a message within the customer's account on the web interface.
4. In the case of a legal relationship between the company and the customer, these terms and conditions form an integral part of the contract concluded between the company and the customer.
Olomouc, August 5th, 2024