Terms and conditions of use for FAVI.co.uk

1. Introductory provisions

1.1. These terms and conditions of use (hereinafter the "Terms of Business") govern, in compliance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of FAVI a.s., with its registered office at Vodičkova 710/31, Nové Město, 110 00 Prague 1, Czech Republic, identification number (IČ): 048 57 402, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry no. 28244 (hereinafter the "Provider"), and third parties (hereinafter the "User") arising from service agreements (hereinafter the "Service Agreement") entered into through the Provider’s website https://favi.co.uk (hereinafter the "Website").

1.2. The rights and obligations of the Provider and the User are also governed by the rules of discussions that form Annex No. 1 to the Terms of Business. Consequently, the Terms of Business and the rules of discussions form an integral part of the Service Agreement.

1.3. The Service Agreement and the Terms of Business are drawn up in English.

1.4. In compliance with the provisions of Section 1752 of the Civil Code, the Parties agree that the Provider may unilaterally amend, to a reasonable extent, the Terms of Business. Any amendment to the Terms of Business shall be notified to the User. The User may refuse to accept such amendment to the Terms of Business; such refusal shall also result in the termination of the Service Agreement, subject to a one (1) month notice period.

1.5. Once the User gives their consent to a new version of the Terms of Business, previous version of the Terms of Business shall expire, whereas the new version shall become an integral part of the Service Agreement.

2. Entering into a service agreement

2.1. The User shall apply for the execution of a Service Agreement by filling in the relevant details in the registration form on the Website and submitting the relevant information to the Provider by clicking the "Register" button (hereinafter the "Order"). The information specified by the User in the Order is considered to be accurate for the purpose of the Terms of Business.

2.2. Upon delivery of the Order to the Provider, the Provider will enable the User to sign in to their user account (hereinafter the "Acceptance"). The provisions of Section 1740(3) of the Civil Code shall not apply. The Service Agreement shall be concluded at the moment the Acceptance is delivered to the User.

2.3. The User agrees that the Provider may commence the provision of the services under the Service Agreement immediately after the conclusion thereof – even prior to the expiry of the statutory period for the withdrawal from the Service Agreement.

2.4. The User hereby acknowledges that the Provider is not required to enter into the Service Agreement (i.e. the Provider may refuse to register the User), particularly with regard to individuals that had previously materially breached the Service Agreement (including the Terms of Business).

2.5. The User consents to the use of means of distance communication in connection with the conclusion of the Service Agreement. Any cost incurred by the User in using such means of distance communication in connection with the conclusion of the Service Agreement (e.g. Internet connection cost) shall be borne solely by the User; such cost shall not differ from the basic rate.

3. User account

3.1. On the basis of a User registration completed on the Website, Users may access their user interface of the Website. Through the user interface, Users may namely manage their data; enter, manage, and delete their personal information; upload, manage, and remove posts and other details; and upload and manage photographs and audio-visual recordings (hereinafter the "User Account").

3.2. The User Account shall be operational upon User registration on the Website (completion of required data by the User).

3.3. During the registration process on the Website, any information provided by the User must be true and correct. In the event the personal data specified in the User Account change, the User is required to update them. The details provided by the User in their User Account are considered to be accurate by the Provider. Each User may only have one User Account.

3.4. User Account access shall be secured by a user name and a password. The User agrees that the user credentials may also be used for other websites operated by the Provider. The User shall refrain from any unauthorized disclosure of the information required to access their User Account; furthermore, the User acknowledges that the Provider shall not be liable for the breach of this obligation by the User.

3.5. The Provider may prevent the User from using their User Account, particularly if the User breaches their obligations arising from the relevant Service Agreement.

4. Service terms and conditions

4.1. The User has the right to access their User Account on the basis of the Service Agreement. Through the user interface, Users may namely manage their data; enter, manage, and delete their personal information; upload, manage, and remove posts and other details; and upload and manage photographs and audio-visual recordings; furthermore, Users may also user their user interface to communicate with other individuals in the intended manner (hereinafter the "Service").

4.2. The Provider is not required to provide the Service if the provision of the Service is prevented by problems on the part of the User or third parties. Therefore, the Provider is not required to provide the Service in the event there are power outages, data network failures, other third-party failures or in case of force majeure.

4.3. There may be disruptions, temporary unavailability, interruptions or reduced quality of the Service in the course of its provision.

4.4. Any recommendations and information displayed as part of the Service and on the Website are of non-binding nature and the User acknowledges this. The User shall always contact a consultant in connection with the use of such recommendations or information.

5. Use of the service

5.1. In connection with the use of the Service, The User shall not upload or disseminate any information, the content of which is in conflict with generally binding legal regulations in force in the Czech Republic or other countries, where the Service available, namely any content that, if made available to the public:

5.1.1. Infringes third-party copyright and any other rights associated therewith;

5.1.2. Infringes third-party personality rights;

5.1.3. Infringes legal regulations aimed at ensuring protection against hatred on grounds of nationality, ethnicity, race, religion, class, against hatred towards any other group of individuals, or against restrictions on rights and freedoms of members of such group.

5.2. The User acknowledges that the Provider shall not be liable for any settings made by the User in their User Account.

5.3. The User shall not distribute any unsolicited commercial communications in connection with the use of the Service. The User shall not disseminate any information that bears a striking resemblance to third-party services or applications with a view to confuse or mislead any Internet users (phishing) in connection with the use of the Service. The User shall not spread computer viruses in connection with the use of the Service.

5.4. In connection with the use of the Service, the User shall not use any mechanisms, tools, software or processes that have or may have adverse effect on the operation of Provider’s equipment, Internet security or security of other Internet users.

5.5. The User shall not engage in any activities aimed at disabling or restricting operation of Provider’s servers used for the Service or engage in other attacks on such servers or assist any third party in such activities. The User shall not use the User Account or the Service in a manner that would unduly prevent other customers of the Provider from using the Service or that would otherwise be unduly restrictive of the Provider. In particular, the User shall not overload the Provider’s servers used to operate the Service with automated queries.

5.6. The User acknowledges that, in compliance with the provisions of Section 5 of Act No. 480/2004 Coll., on Certain information society services and amending some acts (Act on Certain Information Society Services), as amended, the Provider shall not be liable for the information content uploaded by the User. The User also acknowledges that the Provider shall not be liable for any illegal conduct of the User.

5.7. The Provider may (however, is not required to) perform preventive monitoring of information uploaded or disseminated disseminate by the User in connection with the Service. In the event the content of such information is likely to breach the Terms of Business, generally binding legal regulations or good manners, the Provider may delete such information or prevent the dissemination thereof; moreover, the Provider has the right to withdraw from the Service Agreement. In the event any third party exercises its rights in connection any information uploaded or disseminated by the User in connection with the Service, the Provider shall be entitled to immediately delete the information content uploaded or disseminated by the User as part of the Service.

5.8. In the event any third party exercises its rights against the Provider in connection with the performance of the Service Agreement, the User undertakes to submit to the Provider any and all documents and materials necessary for successful litigation with such third party. In the event such third party claims that its rights have been infringed as a result of any information uploaded or disseminated by the User within the Service, particularly rights to items protected by copyright, or as a result of any practices that constitute unfair competition, the User undertakes to reimburse the Provider for any and all reasonable cost that might be incurred by the Provider in connection with a dispute with such third party.

5.9. The User acknowledges that any texts, photographs, graphic representations, and other elements included on the Website or available within the Service may be protected by copyright – either individually and/or collectively (hereinafter collectively referred to as the "Copyrighted Works"). Any databases on the Website or available within the Service are protected by a sui generis right of a database maker. Unless agreed otherwise with the Provider in writing, any Copyrighted Works may only be lawfully used to the extent and in a manner foreseen by the applicable laws. In particular, the User may not reproduce any Copyrighted Works with a view to achieve any direct or indirect economic or commercial benefits; furthermore, the User may not disseminate, lend, exhibit or make any Copyrighted Works available to the public (incl. making them available to the public via the Internet).

6. Licensing agreement

6.1. In the event the User uploads or disseminates any information (intangible assets) within the Service that is subject to protection under any intellectual property rights (hereinafter the "Works"), the User hereby authorizes the Provider, free of charge, to exercise the right to use such Works (the "Licence"), under the terms and conditions specified below. This is without prejudice to the provisions of Section 5.1 of the Terms of Business.

6.2. The licence to the Works is granted in connection with all forms of use (incl. making the Works available to the public via the Internet), without any quantitative or territorial restrictions. The Provider may grant the authorization associated with the licence to a third party, either in full or in part (the "Sub-licence"). The Provider may assign the Licence to the Works to a third party. The Provider shall acquire the Licence to the Works at the moment such Works are uploaded or disseminated within the Service. The Licence is granted for a period of seventy (70) years from the moment the Works are uploaded or disseminated within the Service. The Provider is not required to use the Licence.

6.3. The Provider has the right to alter, modify or process the Works, incorporate them in other works and combine them with other Copyrighted Works (or computer software), whereas the Works may also be altered, modified or processed through third parties. In case of any alterations to the Works made by the Provider (or third parties authorized by the Provider), a License is also granted to the Provider in connection with such altered Works. The Provider has the right to make the Works available to the public under its own trade name. In case of previously unpublished Works, the Provider has the right to publish them. When publishing any Works, the Provider shall always use a nick of the User, who had uploaded such Works within the Service.

6.4. The provisions of Sections 6.1 through 6.3 of the Terms of Business relating to the Provider’s authorization shall also apply accordingly to situations where User’s posts are not subject to copyright protection.

7. Other rights and obligations of the parties

7.1. The Provider does not require any advance or similar payments.

7.2. The User acknowledges that the computer programs that form the Website are protected by copyright. The User undertakes not to engage in any activity that would allow the User or any third parties to unlawfully use or interfere with the computer programs, which are used or the proprietary rights to which are exercised by the Provider.

7.3. The Provider is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code vis-à-vis the User.

7.4. Any consumer complaints shall be submitted to the Provider using its contact email address (see Section 11.5). The Provider shall notify the User once a complaint is processed using the User’s email address.

7.5. The alternative dispute resolution (ADR) entity competent to deal with potential consumer disputes arising from the Service Agreement shall be the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification number (IČ): 000 20 869, website URL: https://adr.coi.cz/cs. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr may also be used for resolving any disputes between the Provider and the User arising from the Service Agreement.

7.6. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website URL: http://www.evropskyspotrebitel.cz, is an ODR contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

7.7. The Provider is authorized to engage in business activities on the basis of a trade licence. The competent Trade Licensing Office shall perform trade licensing supervision in the area of its competence. The Office for Personal Data Protection shall monitor the area of personal data protection. The Czech Trade Inspection Authority monitors, to the specified extent, the compliance with Act No. 634/1992 Coll., on Consumer protection, as amended.

7.8. The rights and obligations of the Parties with regard to the Provider’s liability for defective services shall be governed by the applicable generally binding legal regulations, particularly the provisions of Section 1914 et seq. of the Civil Code and provisions of Act No. 634/1992 Coll., on Consumer protection, as amended. The User may exercise their rights arising from the Provider’s liability for defective services with the Provider, particularly at the address of the Provider’s registered office or via the contact email address (Section 11.5).

8. Personal data protection and cookie policy

8.1. Information obligations of the Provider associated with the processing of User’s personal data are governed by a separate document.

8.2. The User agrees that the so-called cookies may be saved in their computer. Cookies are small files that allow the Provider and advertisers on the Website to recognize a User’s web browser in the course of the communication with the Service and to subsequently use certain features of the Service. In the event the Provider’s obligations under the Service Agreement may be fulfilled without saving cookies in a User’s computer, the User may withdraw their consent given in the first sentence of this subsection at any time.

9. Service agreement term

9.1. A User, who is a consumer, may withdraw from the Service Agreement within a period of fourteen (14) days after its conclusion in compliance with the provisions of Section 1829(1) of the Civil Code – except for situations where the Service Agreement cannot be terminated. In order to withdraw from the Service Agreement, as specified above, the User may use a standard form provided by the Provider; this standard form is enclosed hereto as Annex No. 2.

9.2. The Service Agreement comes into effect on the day it is concluded. The Service Agreement shall be of indefinite duration.

9.3. The User may terminate the Service Agreement at any time by actually deleting their User Account.

9.4. In the event the User breaches any of their obligations arising from the Service Agreement (incl. the Terms of Business and rules of discussions) or generally binding legal regulations or otherwise, the Provider may terminate the Service Agreement. The termination of the Service Agreement pursuant to this subsection shall be effective at the moment a termination notice is delivered to the User. Unless otherwise agreed or set down by generally binding legal regulations, the Service Agreement shall expire at the moment this notice of termination takes effect.

9.5. The termination of the Service Agreement shall be without prejudice to the Licence granted to the Provider in accordance with Article 6 of the Terms of Business.

10. Notices – legal acts

10.1. Unless agreed otherwise, any communications relating to legal acts associated with the Service Agreement must be delivered to the other Party in writing, specifically via email. Any communications intended for the User shall be delivered to the User’s email address specified in their User Account.

10.2. Any communication sent by email shall be delivered at the moment it is received by an incoming mail server.

11. Final provisions

11.1. In the event the relationship associated with the use of the Website or the relationship established by the Service Agreement contains an international (cross-border) element, the Parties agree that such relationship shall be governed by the laws of the Czech Republic, particularly the Civil Code. The choice of law pursuant to the previous sentence shall not deprive the User, who is a consumer, of their protection afforded to the User by legal provisions that cannot be derogated from by a contract and that would otherwise apply in the absence of the choice of law pursuant to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.2. In the event any provision of the Terms of Business is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision, the purpose of which comes closest to the invalid provision. The invalidity or ineffectiveness of a single provision shall not affect the validity of the remaining provisions.

11.3. The Provider may assign its rights and obligations arising from the Service Agreement to a third party, whereas the User agrees with such assignment.

11.4. The Service Agreement, incl. the Terms of Business, shall be archived by the Provider in electronic form and is not publicly available.

11.5. Contact details of the Provider: email address: beautifulhome@favi.co.uk.

In Prague, on 11 May 2018

FAVI a.s.

Information about the processing of personal data for performing the agreement

1. Identity and contact details of data controller

1.1. FAVI a.s., with its registered office at Vodičkova 710/31, Nové Město, 110 00 Prague 1, identification number (IČ): 048 57 402, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry no. 28244, shall act as the data controller of your personal data (hereinafter the "Controller").

1.2. The contact details of the Controller are as follows: address for service: Vodičkova 710/31, Nové Město, 110 00 Prague 1, Czech Republic; email address: beautifulhome@favi.co.uk; telephone: +420 222 362 041.

1.3. The Controller has not appointed a data protection officer.

2. Legal basis for the processing of personal data

2.1. The legal basis for the processing of your personal data is the fact that the processing is necessary to perform the Agreement between you and the Controller or to take steps by the Controller prior to entering into the Agreement pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter the "Regulation").

3. Purpose of personal data processing

3.1. Your personal data are processed for the purpose of performing the Agreement entered into by and between you and the Controller and taking steps by the Controller prior to entering into the Agreement.

3.2. No automated individual decision-making pursuant to Article 22 of the Regulation takes place on the part of the Controller.

4. Personal data storage period

4.1. Your personal data will be processed by the Controller for the duration of the rights and obligations under the relevant Agreement and thereafter, for a period necessary for the purpose of archiving under the applicable generally binding legal regulations; however, such period shall not exceed the period foreseen by the generally binding legal regulations.

5. Other recipients of personal data

5.1. Your personal data may also be disclosed to entities of the Controller’s group, entities that provide marketing services to the Controller, entities ensuring operation of marketing platforms, and entities ensuring technical or organisational activities for the Controller in compliance with Controller’s instructions (data processors).

5.2. The Controller does not intend to transfer your personal data to third countries (non-EU countries) or international organisations, with the exception of transfers of your personal data to the United States of America to SendGrid, Inc., with its registered office at 1801 California Street, Suite 500 Denver, Colorado 80202, and to The Rocket Science Group LLC d/b/a MailChimp. The companies are certified organisations under the EU–U.S. Privacy Shield within the meaning of Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield.

6. Rights of data subject

6.1. Subject to the terms and conditions specified in the Regulation, you have the right to request access to your personal data, right to rectification or erasure of your personal data, right to restriction of the processing of your personal data, right to object to the processing of your personal data, and the right to portability of your personal data. You can send such a request to beautifulhome@favi.co.uk.

6.2. If you believe that the processing of your personal data has breached or breaches the Regulation, you have the right to lodge a complaint with a supervisory authority.

6.3. You are not required to provide your personal data. The provision of your personal data is the necessary requirement for the conclusion and performance of the Agreement; in case you do not provide your personal data, the Agreement cannot be concluded or performed by the Controller.

Information about the processing of personal data for sending commercial communications

FAVI a.s. processes your personal data for the purpose of sending business communications (marketing offers) based on a legitimate interest. You may object to the processing of your personal data at any time, and upon doing so, you will cease to receive any business communications. Detailed information about the processing of your personal data, including details regarding the legitimate interest, can be found below.

1. Identity and contact details of data controller

1.3. The Controller has not appointed a data protection officer.

1.4. The information obligation is fulfilled with regard to personal data processed by the Controller solely for the purpose of sending commercial communications. It does not apply to personal data processed for any other purpose or on a different legal basis; in such cases, the information obligation of the Controller shall be fulfilled separately.

2. Legal basis for the processing of personal data

2.1. The legal basis for the processing of your personal data is the fact that the processing is necessary for the purpose of legitimate interests pursued by the Controller or a third party pursuant to Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter the "Regulation").

3. Purpose of personal data processing

3.1. Your personal data are processed for the purpose of sending commercial communications by the Controller to you pursuant to Act No. 480/2004 Coll., on Certain information society services and amending some acts (Act on Certain Information Society Services), as amended (hereinafter the "Act on Certain Information Society Services").

3.2. No automated individual decision-making pursuant to Article 22 of the Regulation takes place on the part of the Controller.

4. Legitimate interests of the controller

4.1. You are using the services of the Controller to receive offers of third-party products or services emailed to you by the Controller – commercial communications. In connection with the use of the services, you have provided the Controller with your personal data and agreed to the receipt of commercial communications (within the Terms of Business of the service).

4.2. With regard to the sending of commercial communications, the Controller complies with the generally binding legal regulations, particularly the provisions of Section 7 of the Act on Certain Information Society Services.

4.3. Recital 47 to the Regulation states, inter alia, that the "processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."

4.4. The Controller has assessed, whether it is possible to process your personal data for the purpose of sending commercial communications, and has also performed the necessary proportionality test, comparing interests relating to your protection and the Controller’s own interests. The Controller has concluded that, given your prior consent to the receipt of commercial communications, given the fact that the purpose of your use of the services is the receipt of commercial communications, and given the fact that further commercial communications could have been and may be rejected by you at any time, it does not appear that your interests or fundamental rights and freedoms requiring protection of your voluntarily provided personal data should take precedence over the Controller’s legitimate interests in the sending of commercial communications.

4.5. In the light of the above, and in the light of the fact that the processing of your personal data for the purpose of sending commercial communications could be reasonably expected by you, the Controller believes that the legal basis for the processing of your personal data for the purpose of sending commercial communications to you represents a legitimate interest of the Controller (Section 2.1).

5. Personal data storage period

5.1. Your personal data will be processed by the Controller for the duration of the legitimate interest of the Controller and in any case until you object to the processing of your personal data for the purpose of sending commercial communications or submit a similar request.

6. Other recipients of personal data

6.1. Your personal data may also be disclosed to entities that provide marketing services to the Controller and entities ensuring operation of marketing platforms.

6.2. The Controller does not intend to transfer your personal data to third countries (non-EU countries) or international organisations, with the exception of transfers of your personal data to the United States of America to SendGrid, Inc., with its registered office at 1801 California Street, Suite 500 Denver, Colorado 80202, and to The Rocket Science Group LLC d/b/a MailChimp. The companies are certified organisations under the EU–U.S. Privacy Shield within the meaning of Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield.

7. Rights of data subject

7.1. Subject to the terms and conditions specified in the Regulation, you have the right to request access to your personal data, right to rectification or erasure of your personal data or the right to restriction of the processing of your personal data, as appropriate.

7.2. If you believe that the processing of your personal data has breached or breaches the Regulation, you have the right to lodge a complaint with a supervisory authority.

7.3. You have the right to object at any time to the processing of your personal data for the purpose of direct marketing, including profiling - to the extent it is related to such direct marketing. If you object to the processing of your personal data for the purpose of direct marketing, your personal data will no longer be processed for such purpose. This is without prejudice to the processing of your personal data on a different legal basis or for a different purpose.