Terms

Service provider:
Pavlína Křapková
place of business: nám. T. G. Masaryka 122, Dolní Bousov
IČ: 07372621
(hereinafter referred to as the „provider“)

1. Service

1.1. The Provider operates a web portal located at www.gravini.cz (hereinafter referred to as the „Web Portal“), through which the Provider enables users to use the online designer Gravini (hereinafter referred to as the „Designer“) to design visualizations and projection designs of engraved themes.

1.2. A User is a physical or juridical person who has a user account on the Web portal and uses the Designer for his/her own use or for commercial purposes (hereinafter referred to as „User“).

1.3. The output from the use of the Designer is a data file in SVG or DXF format containing the resulting design created by the User (hereinafter referred to as „Design“), which the User can download to his/her own device.

1.4. In order for the Designer to work properly, the following is required:
  - internet connection, and
  - using one of the following browsers:
    • Microsoft Edge 93 or higher,
    • Mozilla Firefox version 92 or higher,
    • Google Chrome version 93 or higher,
    • Safari version 15 or higher,
    • Opera version 79 or higher

1.5. Use of the Designer on mobile devices (e.g. mobile phones, tablets) is not recommended. In the event of an unstable or slow internet connection or failure to meet the minimum operating requirements of the device from which the User is using the Designer, it is possible that outages may occur, potentially resulting in the loss of unsaved designs.

2. The process of concluding the contract

2.1. In order to conclude the contract, the User fills in and sends to the Provider the registration form on the Web portal. By completing the registration of the User on the Web Portal by submitting the registration form, a contract for the provision of services in the form of the establishment of a User.

2.2. By creating a user account, the User is entitled to use the Designer.

2.3. The costs of using the means of communication incurred in connection with the negotiation of the contract shall be paid by the customer, provided that such costs do not differ from the basic rate.

3. Types of user accounts

3.1. The user can use the Designer in the basic FREE version for private use, or in the paid PREMIUM version for commercial use with no restrictions except reselling the source files, charging for them or uploading them to other servers.

3.2. In the basic version of the Designer, the User can only use changes to the dimensions of the basic box to create the Design.

3.3. The paid PREMIUM version allows you to store additional motifs for engraving and all types of boxes pre-designed by the Provider, the dimensions of which can be chosen by the User.

3.4. The PREMIUM account can be subscribed for 30 days, and after the expiry of the subscription period, the User´s PREMIUM account will be converted back to the free version. Saved Designs created using PREMIUM features will continue to be available and freely downloadable, but without the possibility of subsequent editing.

4. Payment of the PREMIUM account fee and the method of communication between the parties

4.1. The customer shall pay the price in the amount according to the contract via the PayPal payment gateway integrated into the Web portal, either to the PayPal account or by credit card via the PayPal online payment gateway.

4.2. In the case of payment via PayPal, access to the PREMIUM account is automatically activated after the payment for the selected paid service has been credited to the Provider´s PayPal account.

4.3. The Provider shall issue a confirmation of payment to the User and send it to the User´s e-mail address.

4.4. Communication between the customer and the Provider will be carried out via:
  - email messages,
  - in case of prior agreement also by telephone communication,

5. Obligations and responsibilities of the Provider and Users

5.1. The User acknowledges and agrees that the Provider is not responsible for the content of the information stored in the Designer.

5.2. The Provider may block the User´s access to the Designer if it becomes aware that the Designs stored in the User´s account contain illegal, immoral, racist, pornographic or offensive content.

5.3. The Provider reserves the right to interrupt the operation of the Designer and the Web Portal for repairs, maintenance or modification of the software and for reasons beyond the control of the Provider.

5.4. The Provider shall not be liable for any damages resulting from the improper use of the Designer by the User, in particular for the disclosure of the password to the account, improper use of the Designer or for any damages resulting from the termination of the contract by the Provider and from the deletion of the User´s account as a result of a breach of these Terms.

5.5. The Provider is not responsible for the loss of User data caused by external factors or other circumstances independent of the Provider.

6. Right of defective performance

6.1. The Provider is responsible to the User for the faultlessness of the service provided on the basis of the concluded contract and its compliance with the concluded contract.

6.2. The User may complain about the service already during its provision, but always without undue delay after discovering the defect.

6.3. In the event that the service has been defectively provided, the User is entitled to have the defect corrected free of charge or to a reasonable discount. If it is a material defect in the service, the User also has the right to withdraw from the contract (as well as in the event that the complaint is not settled in time).

6.4. The User shall not be entitled to the right of defective performance if it was caused by the User, in particular by violation of these Terms and Conditions or legal regulations.

6.5. Complaints can be made in writing to info@gravini.cz

6.6. The Provider shall settle the received complaints without undue delay, but no later than 30 days from the date of the complaint, unless otherwise agreed with the User. The User shall issue a written confirmation of the claim and its settlement.

7. Provisions for consumers

7.1. The user has the right to withdraw from the service contract within 14 days from the date of conclusion of the contract. If the User has started to use the services, i.e. has started to use the User account and the Designer before the expiry of this period, such action shall be deemed to be a request by the User - consumer to request the provision of the service before the withdrawal period. In this case, the User does not have the right to withdraw from the contract. The withdrawal from the Purchase Agreement must be sent to the Provider within this period.

7.2. If the User withdraws from the contract for the provision of services, the Provider shall refund the funds received from the User for the PREMIUM account in a manner chosen by the User and which will not burden the Provider with unreasonable costs.

7.3. According to Act No. 634/1992 Coll., on Consumer Protection, the User has the right to an out-of-court settlement of a consumer dispute arising from a contract. In this case, the customer is entitled to contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,web: adr.coi.cz). Out-of-court resolution of a consumer dispute is initiated exclusively at the User´s request, in the event that the dispute could not be resolved directly with the Provider. The proposal may be submitted no later than 1 year from the date on which the User first exercised his/her right, which is the subject of the dispute, with the Provider. The User has the right to initiate out-of-court dispute resolution online via the ODR platform available on the ec.europa.eu/consumers/odr/ website.

8. General provisions

8.1. The Provider reserves the right to change the terms and conditions. The User will be notified of the change in the terms and conditions by a notice on the web portal. The User is entitled to reject the changes by ceasing to subscribe to the Provider´s services immediately after notification of the change in the terms and conditions.

8.2. The User is not entitled to assign any of its claims arising from the contractual relationship with the Provider or any other right arising in connection with it to a third party or to pledge it to a third party without the prior written consent of the Provider.

8.3. If the contractual relationship contains an international element, the parties agree that the applicable law is Czech law.

8.4. The parties have agreed to resolve disputes amicably. If the matter is not amicably resolved, then the parties have agreed that the Czech courts shall have jurisdiction and competence to hear disputes arising from the contractual relationship.

8.5. If any provision of these Terms and Conditions is or becomes invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity of the remaining provisions.

9. Personal data protection

9.1. Within the scope of its activities, the Provider processes the personal data of Users in the capacity of a personal data controller, while in such processing it acts in full compliance with Regulation (EU) No 2016/679 of the European Parliament and of the Council 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) (hereinafter referred to as „Regulation“).

9.2. The processing of personal data of Users is carried out by the Provider during negotiations on the conclusion and performance of the contract, to the extent of personal data necessary to identify the contracting parties, determine the subject of the contractual relationship and enable the performance of the contract.

9.3. Personal data will be processed for the aforementioned purposes for the duration of the contractual relationship and, to the extent necessary, for 2 years after the termination of the contractual relationship, unless another legal regulation requires the retention of contractual documentation for a longer period.

9.4. This processing concerns in particular the following personal data of Users:
  - username and password
  - e-mail address
  - information about bank connection
  - IP address of the User

9.5. Electronic contacts that the Provider obtains from the User in connection with the negotiation of the contract or its performance may be used by the Provider for sending commercial communications concerning the same or similar goods or services until the User expresses his/her disagreement with such processing. Such procedure is allowed by the provisions of Section 7(3) of Act No. 480/2004 Coll., on certain information society services. The Provider shall process the User´s personal data for these purposes for a period of 2 years from the conclusion of the contract or negotiations thereof.

9.6. Within the scope of its activities, the Provider uses the services of third parties that it entrusts with the processing of personal data on the basis of a processing contract. These companies are mainly:
  - payment gateway providers
  - analytics and mailing software providers

9.7. The Provider processes cookies on the Web portal. Cookies are small files containing specific data that are used to recognize the User´s computer when communicating with the Provider´s server and to subsequently use some of the functions of this server. These files are stored on the User´s hard drive via the web browser.

9.8. Cookies are processed by the Provider for the purposes of:
  - ensuring the proper functioning of the website
  - measuring website traffic

9.9. Cookies are processed on the basis of the legitimate interest of the Provider, i.e. for the reason pursuant to Article 6(1)(f) of the Regulation.

9.10. In connection with the processing of personal data, the Regulation guarantees Users the following rights:
  - the right of access to personal data
  - the right to rectification and completion of inaccurate or incomplete personal data
  - the right to erasure
  - the right to request restriction of the processing of personal data
  - the right to portability of personal data
  - the right to object to processing carried out on the basis of the legitimate interest of the Provider or for direct marketing purposes
  - the right to lodge a complaint with the Office for Personal Data Protection

These terms are effective from 1.10.2021

Translated from Czech version