1. These rules (the "Terms and Conditions", "GTC", "Rules for Use" or "Rules") set forth the legally binding terms and conditions for your use of the website HTTP://WWW.DESIGNEROS.COM (the "Site") and all services provided by Designeros within this Site.
2. By purchasing products on the Site, and by creating a user account ("user" or "you") you consent to these GTC, including any additional rules and conditions set out herein and/or available by hyperlink. These GTC apply to all users of the Site, especially users who are vendors, shoppers, merchants, contributors of content, information or other materials or services on the Site.
3. The operator of the Site is Designeros s.r.o., Company Identification No. 288 49 434, with its registered seat at Kalendova 747/9a, Kukleny, 500 04 Hradec Králové, Czech Republic, registered in the Commercial Register under file no. C 30852 kept by the Regional Court in Hradec Králové ("Designeros").
4. If you have any questions, please visit the Help section, which is part of the Site.
From December 1, 2013 the following paid accounts & services are available to designers registered on Designeros.com:
1. User formating
Accounts are divided into three groups:
1.1 Free Account
Free account is for an unlimited period of time and allows the user to establish his/her online portfolio and present/sell three products and three concepts. The space provided for the designer’s self-representation is limited. The designer’s portfolio is not presented in the designer listing. The designer section/listing presents only designers with Business and Business + accounts
1.2. Business & Business + Accounts
The upgraded accounts have to be paid in advance by a credit card. Once Designeros receives the payment, the respected account is activated and the designer can start using the additional features for the predetermined period of time as specified. http://www.designeros.com/page/pricing-fees
Users can also purchase a subscription for a reduced price. The available subscription terms are 3, 6 or 12 months.
The one-time fee allows the user to enjoy the benefits of the upgraded account for the period of 30 days.
Every user is notified about the automatic renewal ten days before the account’s expiration and his/her credit card is automatically charged on the first day of the new term. In case that the user prefers to disable the automatic renewal, this can be easily done in his/her profile settings: www.designeros.com/account
Subscribers with active accounts may upgrade their subscription at any time and for the already paid subscription period will be charged only the difference between the two applicable subscription fees. Downgrading is not possible as any amount paid for the subscription is non-refundable. In the case of a mistaken upgrade, the refund can be issued only within 24 hours after the upgrade and the user has to contact us directly at email@example.com . When requesting the refund, please, state the reason and the email address under which the user account is registered on www.designeros.com.
In case that a user decides to terminate the Business or Business+ account and stops paying the fees, his/her account will be automatically downgraded to a free account. In this case, Designeros will select three products/concepts that will remain published. The remaining products and concepts will be unpublished. The user will be able to change the selection of the products in his/her profile using the Publish/Unpublish button.
2. Paid services
2.1 TOP product
- The user has the option to purchase a service called "Top Product "
- This service is activated for 24 hours and during this time the product is displayed at the top of the Home page (first 5 rows), thus increasing the traffic driven to the product profile, its visibility and selling chances
- The user chooses the product and also the day on which this shall be “topped”
- Payment for this service is made by a credit card
2.2 Marketing pack
- The user has the option to purchase a service called " Marketing pack "
- This marketing package consists of four services, two of which are paid and two of which are a free bonus – Facebook promotion. Three of the services promote three individual products whereas the fourth service promotes the designer’s profile.
- This service is activated for one calendar week, always from Monday to Sunday
- Availability of the Marketing pack no.1 is limited
- After purchasing the package, user can choose a specific week within the next four following weeks (within one month after the purchase) in which he/she wants to use the service. Allocation of the service is subject to availability.
- The package can only be ordered less than 30 days in advance
- Once paid for, the issuing of a refund is not possible
When you purchase any service provided by Designeros, we collect or ask for information relating to your purchase and/or use of the service and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), financial details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and Designeros, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information.
You are responsible to pay all the monthly charges and any other applicable fees and taxes when they are due. The applicable fees have to be paid directly to Designeros and in full. If payment is not received in full by the due date, late fees may apply. Failure to pay for the service may also result in the immediate termination of the service. Please, be aware that depending on the payment method and the place where your payment is made, the transaction may be subject to additional charges (for exchanging foreign currency, charges related to differences in prices, exchange rate differences etc.)
1. Designeros is solely the operator of the Site and provides users with a space for individual user activity, especially for their own advertising, and thus fulfills the role of a mediator for entering into contracts to purchase goods through the Site.
2. The Site serves as a business platform:
(i) to which the users themselves create their own sales offers, in their name, on their behalf and at their own responsibility and using their own materials (hereinafter referred to as the "seller")
(ii) unless it follows from a specific offer on the Site otherwise, the buyer acts as the consumer and the seller in the role of the retailer and the buyer thus has all rights that it has under the law on consumer protection
(iii) and through which its users (sellers) sell such goods to its visitors and
(iv) the users themselves buy such goods from other users (hereinafter referred to as the "buyer") at its own risk,
(v) and for the use of which the seller agrees to pay Designeros remuneration.
3. Each user of the Site selling and/or buying products presented on the Site uses offers of users of the Site solely at its own risk and acknowledges and agrees that Designeros is merely the operator of the Site and is not liable for any damage caused by the activity of the user in relation to the operation of the Site, unless these GTC stipulate otherwise.
4. Each user of the Site selling and/or buying goods presented on the Site further acknowledges and agrees that Designeros as the operator of Site:
(i) offers the Site and its use "as is" without any express, implied or statutory warranties and indemnity or other compensation for directly or indirectly caused injury or loss of profits (particularly damage to health, property and/or emotional or other psychological damage), and
(ii) is responsible for legal defects of the information and materials on the Site only in accordance with Act No. 480/2004 Coll. on certain information society services, and
(iii) itself does not actively verify any legal, technical or other content of the information posted by users on the Site and is not responsible for such content otherwise than under the previous point (ii); and
(iv) if unlawful disclosures are proven, reserves the right to immediately remove such information from the Site (especially without further compensation);
(v) is not involved in any transactions between buyers and sellers (i.e. in particular, that it is not a party to any contract of sale between users of the Site) and is not liable for legal or technical defects in bids, goods and/or the conduct of the users of the Site; in particular it is not liable for the truthfulness or accuracy of the data published by users, the ability of the sellers to sell goods or the ability of the buyers to pay for goods; and
(vi) does not ensure that the buyer or seller actually completes a transaction;
(vii) does not verify users of the Site and cannot guarantee their true identity, legal capacity (in particular the capacity to conclude a purchase contract through the Site), age or nationality. (Designeros recommends that users communicate with potential transaction partners exclusively through the tools available on the Site. You can also consider using third-party services, such as an escrow service or services that provide user authentication.)
5. The user is obliged to act in accordance with the relevant legislation relating to his conduct in a particular area and is also responsible for paying any taxes arising from his activities performed on Designeros.(Designeros is not responsible for the purchasing process and the publication of tenders on the Site allowing to meet all the requirements of the law regarding the user's conduct (especially the seller). The user is obliged to immediately notify Designeros of any legal or technical problems on the Site and to provide it with all possible cooperation in resolving the problems.
7. The user agrees to abide by all Terms and Conditions of Designeros, as well as any other operating rules, policies and procedures that may be at any time newly published on the Site or through a hyperlink published in the "Terms of Service" section of the Site or any other section without prior notice. Designeros may at its sole discretion refuse to grant access or use of the Site to any person or entity. At the same time, Designeros reserves the full right to change the criteria of use and member eligibility, even without prior notice.
8. The user personally warrants that it has all public and private rights and permissions to perform legal acts and to enter into legally binding contracts through the Site.
9. Membership eligibility
(i) Designeros services are available and can be used by a person fully eligible for legal acts who can enter into legally binding contracts in accordance with the laws of the Czech Republic and their home state. Each seller and buyer declares that it fulfils these terms and conditions and that all registration information provided is accurate and truthful.
(ii) If the Site is used by people under 18 years of age, these persons must be at all times under the supervision of a parent or guardian who is at least 18 years of age. In this case, the adult user accepts full responsibility for all activities carried out by minors on Designeros.
(iii) Designeros services can be used by legal entities or natural persons for their particular business pursuant to Act No. 513/1991 Coll. (Czech Commercial Code), only under the condition that they will always comply with all consumer protection laws (in particular rights under Section 51a-99 of Act No. 40/1964 Coll., (Czech Civil Code), the rights guaranteed by the relevant consumer protection legislation within the European Community ("EC"), for example, the right to compliance with established procedures when concluding contracts, the right to information about the goods, their price, complaints rules and related business services (e.g. postage and handling), the right to return goods without giving any reason within 14 days of receipt. If any obligation of the entrepreneur towards consumers arising from contracts for the purchase of goods on the Site is repeatedly violated, Designeros has the right to immediately terminate the cooperation with the entrepreneur without any compensation or penalties and no longer renew it.
(i) Each user is fully responsible for all activities and damages resulting from failure to maintain the confidentiality of passwords or their misuse.
(ii) The user agrees not to provide its username and/or password to any third party without the express written consent of Designeros. Designeros is not responsible for any loss or damage resulting from misuse of passwords.
(iii) The user is obliged to immediately inform Designeros of any unauthorized use of their user account (especially abuse and/or loss of account password).
9.3. Account information:
The user is responsible for keeping their data up-to-date under all circumstances. If the user wants to sell items on Designeros, it must provide valid information necessary for the execution of payment transactions.
9.4. Account transfers:
Users are not authorized to transfer or sell their Designeros account or ID to third parties.
9.5. Uniqueness of account:
Each user may only have one account on the Site. Use of multiple accounts by one user is prohibited.
10. Right to suspend service:
10.1. Designeros has the right to suspend their services without prior notice and without compensation or penalty temporarily or permanently for any user, especially those who in any way violate these GTC.
Designeros also retains the right, at its sole discretion, to cancel unconfirmed or inactive accounts, and shall have the right at any time to refuse to provide services to anyone, without giving any reason.
11. Service charges:
11.1. Establishment of "free profile" and presenting Designeros products is free; the establishment of other profiles is for a fee based on the current price list. Designeros charges fees from the sale, which are calculated as a percentage of the selling price of the product. Fees which are specified in the individual section incorporated into these GTC (see below) may be subject to change at any time. In this case, the new fees shall take effect not earlier than fourteen (14) days after its publication on the Site.
11.2. Designeros may change some or all of the Designeros services at its absolute discretion. If Designeros introduces a new service, the fees for that service are effective from the start of service. Unless otherwise stated, all fees are quoted in US dollars (USD).
11.3. The user is responsible for paying all fees and taxes, and related activities performed on Designeros. Designeros records all information about payments and at the beginning of the month each seller is sent a notification email with details of the amount owed. The seller must pay the amount due in full within 10 days of the invoice date. 11.4 Users who are members of the EU are divided into two groups. The first one consists of: a) business - invoice without VAT b) non-entrepreneurs - invoice with VAT. The second group consists of users of third countries, ie. all countries outside the EU with a VAT invoice. If the user is a business and is entitled to a VAT refund, the user must contact us on firstname.lastname@example.org and must ask for the VAT refund. The user needs to send us a document that proves that the user is a business entity and also must send an appropriate invoice to email@example.com
12. Fees and termination:
12.1. If Designeros deletes a product listing or user account, if the user closes its account, or if for any reason the user is not at the time able to pay fees owed to Designeros, the user shall remain liable to pay Designeros all unpaid fees and any other penalties resulting from any delay.
12.2. If the seller's account is not paid in full within the specified time, the seller may be subject to sanctions such as suspension of the right to use the account and/or termination of their account and will be subject to subsequent claims recovery, which can be done by third parties.
12.3. Designeros has the right and entitlement to a sales charge upon an order made by the buyer. The sales charge is payable in accordance with the rules laid down for each type of account separately. If the buyer fails to pay the purchase price, it does not affect Designeros' right to request payment on the sale.
12.4. If you have any questions or would like information about any discrepancies, please contact Designeros.
13. Publication of products on the Site and sales
13.1. Product description:
(i) For publication of products on the Site ("listed products") the seller warrants that all information relating to the product is accurate and is in accordance with these GTC, and that the seller has the right to dispose of the products and sell them without risk and without infringing the rights of third parties.
(ii) The seller is obliged to provide an exact description of each product and the terms and conditions of sale. The product description can contain only text descriptions, graphics, pictures and other content directly related to the sale of the product. All products must be registered in the appropriate category and must be provided with appropriate tags. Each entry must accurately and completely describe the product(s) for sale and these should be listed in the appropriate category.
(iii) If the "product availability" is more than one piece, all the products listed under the given listing must be identical. Each unique product must have its own entry and must be listed separately.
13.2. Terms and conditions of sale:
(i) All sellers are required to specify conditions for the sale of their products listed on Designeros.
(ii) These conditions may include, for example, transport, payment and sales conditions, including terms and conditions relating to return of goods. The sellers must create conditions in good faith and must comply with these conditions at all times. All terms and conditions must be in accordance with local laws and the Terms and Conditions of Designeros.
(iii) The sellers are responsible for the compliance and enforcement of their intended business conditions as well as the generally applicable Terms and Conditions.
(iv) Designeros reserves the right to require the seller to modify terms and conditions, if Designeros considers this appropriate, especially in case of doubt as to whether the seller's terms and conditions respect the requirements of the relevant consumer protection legislation.
13.3. Binding nature of sale:
(i) All orders placed on the basis of sale offers are binding for the seller. The seller is obligated to ship the order or otherwise complete the transaction in an orderly manner immediately after confirmation of purchase (sending of order).
(ii) Only when exceptional circumstances arise, such as: (a) the buyer fails to comply with conditions of the Seller (such as payment method), or (b) the seller cannot verify the identity of the buyer, the seller has the right upon prior consent from Designeros to withdraw from the transaction or proceed with an alternative solution.
(iii) The seller must always respect the rights of the buyer given the relevant legislation on consumer protection.
13.4. Price of goods:
(i) The price listed for each product must conform to its actual value. All prices include VAT.
(ii) Sellers have the right to charge reasonable fees associated with shipping and handling charges for costs of packaging and sending items. Sellers may not charge overpriced postage or otherwise artificially inflate fees or sales price.
(iii) Sellers may not at any stage of the sale change the price in order to avoid payment of fees to Designeros or for the purpose of intentionally reducing fees pertaining to Designeros. Sellers also must not distort the location information of the product and cannot use a different user account without the prior written consent of Designeros.
The Parties agree that for the publication of the product (offer) on the Site and for 15 days after the withdrawal of the product (termination of offer) from the Site, the seller cannot offer third party selling the same product as that on the Site for a lower price or offer a similar product for a lower price than its price published on the Site. As such, the seller can offer the product elsewhere, however, this cannot be offered for a lower price than the price listed on the Site. Otherwise Designeros has the right to terminate without any compensation and/or sanction any and all cooperation and all events and activities that it has performed or still performs in the interest of the seller.
15. Products and activities that are prohibited, questionable or infringe the terms and conditions:
15.1. You are obliged to sell only products that you have yourself designed and which you have the unlimited right to sell. Sale or offer of sale must not violate or threaten the rights and legitimate interests of third parties or violate public order of the relevant legislation. Designeros may remove any product for which there is doubt about its authenticity or concerns about disruption of public order.
15.2. Your content that you place on the Site or your use of the Site must not:
(i) be false, inaccurate or misleading;
(ii) be fraudulent and must not involve the sale of illegal, counterfeit or stolen goods;
(iii) infringe the copyright rights of any third party patent or trademark;
(iv) violate trade secrets or other proprietary or intellectual property rights or rights of publicity or privacy;
(v) violate these GTC or threaten and/or interfere with the operation of any other section published on the Site, any rules or principles of good conduct, or any applicable statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(vi) contain products that have been identified by state authorities as hazardous to consumers and therefore subject to withdrawal;
(vii) contain terms that could be perceived as defamatory, libelous, threatening or unlawfully harassing;
(viii) impersonate any person (including employees of Designeros or other users) or otherwise misrepresent your relationship with third parties, for example through the use of similar email addresses, nicknames or the creation of false accounts or any other method;
(ix) be obscene or contain child pornography;
(x) contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or attack and alienate any system, data or personal information;
(xi) publish photos, images or information that is not directly related to the listed product;
(xii) modify, adapt or hack the Designeros Site or change other websites and associate any such activity with Designeros;
(xiii) in any way transfer responsibility to Designeros or act in any manner which could jeopardize the provision of internet services of Designeros or could endanger or interfere with the relationship between Designeros and internet service providers;
(xiv) directly or indirectly refer to the goods or services that are prohibited by these GTC, are subject to the protection of personal data or are otherwise in violation of any rules or policies published on the Site, or generally applicable laws;
(xv) directly or indirectly refer to the goods or services which are not officially listed on Designeros;
(xvi) list items or present information that could in any way lead to a breach of valid laws, regulations or the Terms and Conditions of Designeros;
(xvii) sell line produced objects.
16. Contents of website
(i) The user declares that he is entitled to grant a license under paragraph 16.1 of this article for Designeros and/or a third party without restriction and without threat or violation of third-party rights.
(ii) Each user publishing information and/or any visual or audio material on the Site grants Designeros a territorially unlimited non-exclusive license to unlimited use of all such information and material, including citations.
(iii) Designeros has in particular the right to use, publish (and through any media, now known and unknown) any information and/or video or audio material and other Site content that the user publishes or provides in another form to Designeros.
(iv) Designeros has the right to grant the same or a limited sublicense to third parties.
(v) The user agrees that Designeros can store and/or re-format content at its sole discretion and display the content of the Site and any information on the Site as it deems appropriate.
(vi) By publishing information and/or any visual or audio material and/or other content on the Site the user grants their consent that this content can be posted on other websites and by third parties and/or in different media.
(vii) In the event of any dispute arising from the publication of items of intellectual property (particularly copyright), Designeros is not in any way legally responsible for the dissemination of such content.
(viii) The user shall be solely responsible for violation of the rights of third parties resulting from the publication of items of intellectual property (particularly copyright).
(ix) The license in accordance with paragraph 1.16 of this Agreement shall be granted free of charge.
17. Personal information:
17.1. The protection of the personal data of users who are natural persons is ensured in accordance with Act No. 101/2000 Coll., On the Protection of Personal Data, as amended. Personal data shall be processed for an indefinite period, providing it is voluntary and consent of the processing can be withdrawn at any time by written notice delivered to the address of Designeros.
17.2. The user agrees to the processing of personal data: name, surname, date of birth, address, e-mail address, telephone number, account number (hereinafter all collectively referred to as "Personal Information"), for the purpose of implementation of rights and obligations under this Agreement and for the purpose of sending commercial messages and information .
17.3. The user acknowledges that they are required to provide their personal information correctly and truthfully, and that they are obliged to promptly notify Designeros of any change in their personal details.
17.4. In the event that the user suspects that Designeros is processing their personal data in violation of the protection of private and personal life in breach of the law, the user can ask Designeros for an explanation and request the removal of the defective state. The user in this case may also contact the Office for Personal Data Protection.
17.5. If the user requests information about the processing of their personal data, Designeros must deliver this information. Designeros has the right to claim reasonable compensation for the information provided in the preceding sentence not exceeding the cost required to provide the information.
17.6. The user agrees to receive information related to Designeros' services at the user's email address listed in the header of this Agreement and agrees to receive commercial communications from Designeros at this address. The user's consent to receive commercial information is voluntary. The user may at any time revoke this consent in writing.
17.7. The user may not process the personal data of any other user other than for the purposes of carrying out its obligations under the Agreement and for the time necessary.
18. Checking of information:
18.1. Designeros does not check the content provided by users that is accessible on Designeros. It is therefore possible that the Site may contain content that may be considered offensive, harmful, inaccurate or misleading. There is a risk that some minors will conceal their true age and will pretend to be an adult user or some users will act under false pretences and identities.
18.2. There is also the risk related to compliance with the conditions of international trade and the risks associated with dealing with foreign nationals. As a user of Designeros you agree to accept all risks associated with any activity on Designeros. The user declares that they will not hold liable any persons or entities of Designeros (its employees, board members, cooperating persons of the holding or otherwise connected companies).
18.3. Please be careful, use common sense and follow the principles of safe buying and selling when using Designeros.
19. Other resources:
19.1. Designeros is not responsible for any content on external websites or resources that are associated with Designeros or are linked through Designeros. Designeros does not support and is not responsible for any content, advertising, products or other materials available on such websites or resources.
As a user, you agree that Designeros is not liable, directly or indirectly, for any damage or loss resulting from the use of or reliance on any such content, goods or services available on or through such websites or resources.
20.1. Designeros does not supervise or safeguard meetings of users and therefore is not responsible for any interactions between users, whether online or offline.
21. Dispute resolution
21.1. In the event that a dispute arises between you and Designeros, please contact Designeros.
21.2. Any dispute arising out of or relating to the subject matter of these GTC shall be finally resolved by arbitration and the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic in Prague, in the Czech language in accordance with the Arbitration Rules and Procedures of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic so that one commercial arbitrator will be chosen from the list of arbitrators of the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic who shall be selected in accordance with the Arbitration Rules and Procedures of the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. The prevailing party in the arbitration or other proceedings under this Agreement shall be entitled to reimbursement of reasonable expenses (including reasonable attorneys' fees, expert witness and all other expenses) incurred in connection therewith.
21.3. You and Designeros agree that any disputes arising out of or in connection with use of the Site or in connection with this Agreement must commence within one (1) year after the cause of the action, otherwise the cause of the action is invalid.
21.4. In case you have a dispute with one or more users of Designeros or with a third party, you will hold harmless Designeros (its employees, board members, cooperating persons of the holding or otherwise connected trusts and other Designeros-related entities) from all of the requirements, demands and damages (actual and consequential) of every kind and nature, known and unknown, unsuspected, hidden and undisclosed, arising out of or in any way connected with such disputes.
21.5. Given that Designeros is not involved in any transaction between users, Designeros cannot be involved in disputes between users.
22. Intellectual property of Designeros
22.1. DESIGNEROS and any Designeros graphics, logos, designs, page headers, button icons, scripts, and service names are protected by intellectual property law, particularly copyright and trademark rights, or are part of the Designeros s.r.o. brand and are registered in the Czech Republic and/or other countries. Any elements subject to the intellectual property of Designeros s.r.o. including any part of domain names or e-mail addresses of Designeros must not be used in a manner that could lead to unfair competition pursuant to Act No. 513/1991 Coll., the Czech Commercial Code, for infringement of intellectual property or for any damage, injury, confusion or uncertainty and that in any regard.
23. Access and interference
23.1. A large amount of information published on Designeros is updated in real time and is the property of Designeros or third parties to whom Designeros has provided a license. You agree that you will not use any robot, spider or other automated means to access Designeros for any purpose.
23.2. The user agrees not to:
(i) engage in any activity that could lead to congestion or undue burden on Designeros infrastructure;
(ii) interfere or attempt to interfere with the proper functioning of the Site or any activities conducted on the Site;
(iii) shall not circumvent the so-called ROBOT EXCLUSION HEADEARS or other measures used by Designeros to prevent or restrict access to Designeros.
24.1. Without limitation of any other available remedies, Designeros has the full right, without notice and without obligation to recover fees already paid to promptly remove any user content, has the right to warn and inform other users of Designeros about the behavior of individual users and has the right to issue a public or private warning to the user. In addition, it has the right to temporarily suspend or terminate the user account, disable user access to the Site and take technical and legal measures to protect the Site by refusing to provide service to the user if any of the following conditions should occur:
(i) Designeros suspects (based on received information, investigation, conviction, settlement, insurance or otherwise) that a user has violated this Agreement or any agreement presented on the Site or other legal documents and guidelines related to the user's behavior on Designeros;
(ii) Designeros is not able to verify any of your personal data or your shared content;
(iii) Designeros believes that the user is in breach of the "Designeros media profile" or is conducting improper or fraudulent activity in connection with Designeros;
(iv) Designeros believes that it could be responsible for the conduct or the user's conduct could have a negative impact on Designeros or could cause financial loss to Designeros or users of Designeros.
25. Without guarantee
25.1. Designeros does not guarantee continuous, uninterrupted access to the Site. The operation of the Site may be influenced by many factors that are beyond the control of Designeros. Designeros is not responsible for damage or other loss resulting from the failure of its services.
25.2. Designeros is not responsible for the actions of users.
26. Compliance with laws, tax
26.1. You must comply with all domestic and international laws, statutes, ordinances and regulations regarding your use of this Site and any services provided by Designeros and related use of your account on the Site, and your behavior on the Site, purchasing and orders for buying and selling goods.
26.2. The users of this Site are always responsible for paying all taxes arising from the purchase and sale of goods on the Site.
26.3. If the buyer is entitled to a tax refund, they shall resolve this directly with the seller after the transaction by means of the internal communication system, where they have the ability to assess sales. The seller has the obligation to agree with the buyer on the manner of the refund and is obliged to refund the tax to the buyer.
27.1. If any provision of this Agreement is held unenforceable, then such provision shall be modified to reflect the intention of the Parties. All remaining provisions of this Agreement shall remain in full force and effect.
28. Changes to the GTC
28.1. Designeros reserves the right to change or terminate its services for any reason, without prior notice and without any compensation or penalties.
28.2. The GTC can be changed by Designeros at any time. The user shall be informed of the current GTC before placing their next advertisement on the Site and/or logging in to their account. By placing new advertisements on the Site and/or logging in to their account each user agrees to the current GTC.
28.3. Change of the GTC has no impact on already published advertisements on the Site if removed by the user from the Site within 14 days of the publication of the new GTC and/or the publication of its change. If they do not, it is understood that the new GTC and/or changes also apply to such advertising.
28.4. If the user does not express their consent to the new GTC, they are not entitled to conduct from the date of any new advertising on the sites or to enter into purchase contracts for the purchase of goods advertised on the Site.
29. Choice of law
These GTC and relationships pertaining to it (in particular the relevant purchase agreement between the users of the Site) is governed by and must be interpreted in accordance with the laws of the Czech Republic. The relationship between the seller and Designeros shall be governed by the provisions of Act No. 513/1991 Coll. (Czech Commercial Code), Section 642 et seq. (mediation contract). The relationship between the buyer and the seller shall be governed by the provisions of Act No. 40/1964 Coll. (Czech Civil Code), Section 588 et seq. (purchase agreement).
30. Notices and correspondence
30.1. Unless explicitly stated otherwise, any notices and correspondence for Designeros must be submitted by mail to Designeros' lawyer, Mgr. Lukáš Slanina, attorney-at-law, Nezvalova 423/8, 50003 Hradec Králové, Czech Republic (in the case of Designeros), or in your case to the email address that you entered on Designeros (either during the registration process or when changing your email address). Notice will be deemed given 24 hours after sending the email. An alternative is to send it by registered mail. In this case, the notice is deemed given three days after the date of dispatch.
1.1. Free account
(i) Each user can register for free, create a designer profile and add products to the Site.
(ii) The free account allows the user to add up to five different products that may be completed with up to five photographs for each product.
(iii) The minimum price of the product must be $10 (EUR 8).
(iv) The service charge will be calculated based on sales commission and equal to 10% of the final sales price of the transactions completed during the calendar month.
1.2. VIP service
(i) Each user can subscribe to a VIP service consisting mainly of extra promotion of its products and/or services and/or persons or other creative and/or artistic activities.
(ii) The user will always be informed of the special services in advance.
(iii) It is also possible to arrange separate marketing campaigns (especially affiliate programs)
2. Maturity of fees
2.1. Fees from sales are automatically deducted from the buyer's Paypal account upon the payment transaction between the buyer and the seller. The invoice is subsequently issued and sent to the buyer.
2.2. In the case of other fees, these shall be summed on the first day of the calendar month, and the total amount is due on the tenth day of the month following the month from which it was calculated.
2.3. If the user fails to pay the fees by the tenth day of the month, a first reminder will be sent to the user's email address and the user will be alerted on their profile on the Site.
2.4. If the user fails to pay the fees by the 20th day of the month, they will be sent a second email as a reminder and again will be alerted on their profile on the Site.
2.5. If the user fails to pay the fees by 30th day of the month, they will be sent a third email as a reminder and will be notified of blocking of their account from the first day of the following month. The account will remain blocked until the amount owed is paid.
3. Cancellation of fees
3.1. If the seller implements the transaction, but the purchase price is not paid in due time, the seller may notify the buyer of the non-payment.
3.2. This warning is done by sending an email to the buyer with a copy to Designeros – firstname.lastname@example.org
3.3. Warning about the non-payment must be sent within seven business days from the date of confirmation of the order; if not, the user's right to cancel the fee expires.
4. Cancellation of account at Designeros.com
4.1. Designeros has the right to cancel any user account in the following cases:
4.2. if the user violates the rules stipulated in the Terms and Conditions;
4.3. if the user receives four negative comments;
4.4. if a user whose account has been blocked due to non-payment of fees does not pay the debt within three months of the suspension of the account;
4.5. if the user is inactive for a period of 12 consecutive months;
4.6. in other cases referred to in this Agreement.
Effective date of these GTC: 1 June 2013