Commercial Terms and Conditions of Advertising on the www.tgr24.com Server
1.1. These commercial terms and conditions (hereinafter referred to as the “Terms and Conditions”) regulate displaying conditions for offers of goods and/or services on TGR24.COM, an internet server available at URL https://www.tgr24.com (hereinafter referred to as the “Server”).
1.2. The server operator is TGR24.COM s.r.o., with its registered office at Brichtova 813/7, Prague 5 - Hlubočepy, postcode: 152 00, CRN: 07634862, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert C 304477 (hereinafter referred to as the “Operator”).
2.1. For the purposes of these Terms and Conditions, the following terms have the meaning hereby assigned to them:
“Advertisement” (or in plural “Advertisements”) means a text or visual communication that is not part of the editorial text, published on the server free of charge, for monetary consideration or another agreed consideration based on the Operator’s price list, which is intended to promote sales of goods and/or services offered by the Advertiser. Communication that is not intended to promote sales of products or services of the Advertiser or that is not made in relation to its business (private advertisement) are also considered to be advertisements.
An “Advertiser” means any natural or legal person ordering a publication of an advertisement on the server.
An “Interested Party” is any natural or legal person interested in goods and/or services offered in advertisements published on the server.
3.1. Only registered server users are authorised to put advertisements on the Server.
3.2. The registration is done by the Advertiser through filling in the user’s profile in the “Registration” section on the server. The Advertiser is obliged to fill in all the information required in the registration form fully and faithfully. Upon filling in the registration form, the Advertiser will send the form to the Operator for approval by clicking on the appropriate button.
3.3. The Operator reserves the right to a period of at least 3 (three) working days as of the day of the profile registration for approving the newly registered user profile.
3.4. The Operator reserves the right to verify the validity of contact details of newly registered Advertisers entered by the Advertiser via a verification SMS and/or a verification email. Should the Advertiser enter, together with the Advertisement, a telephone number or an email that is not verified by the Operator, the Operator reserves the right to refuse the registration until the telephone number of the email address is verified by the Operator. The Operator also reserves the right to refuse the registration on the grounds of an infringement of these Terms and Conditions, generally binding legislation or legitimate interests of the Operator or third parties.
3.5. The Advertiser has a right to change their contact details through an administration interface enabling logging in the Server’s system. In the administration interface, an Advertisement summary of each particular Advertiser is displayed. The Operator reserves the right to check and approve the changes made within at least 3 (three) working days as of the day the details were edited by the Advertiser.
3.6. The Advertiser is obliged to keep their logging information (i.e. user account and password) confidential. The Operator is not be responsible for any misuse of Advertiser’s user account or their personal details by a third person if the Advertiser provided their user account and password to a third party or they allowed access to such data to a third party.
4.1. An Advertisement is published based on a contract on advertising between the Operator and an Advertiser.
4.2. An Advertiser orders an Advertisement by a written order (via email, on-line through their client account or in other ways offered by the Operator).
4.3. The Advertisement offer must comply with these Terms and Conditions, as well as with the generally binding legislation.
4.4. The contract is concluded upon confirmation of the offer by the Operator, either orally, or in writing. If the Operator does not confirm the offer explicitly, (in particular if the Advertisement fully complies with these Terms and Conditions), the contract is concluded upon publication of the Advertisement on the Server.
4.5. The Operator is authorised to refuse an offer or to withdraw from the contract on advertising in the following cases:
4.5.1. the Advertisement is in breach of these Terms and Conditions or with the principles concerning advertising messages laid down in the Code of Conduct for Advertising of the Council for Advertising;
4.5.2. the contents of the Advertisement or its dissemination would be conflicting with the legislation or rights of third parties;
4.5.3. During registration or entering the Advertisement, the Advertiser provided incomplete or incorrect information.
4.6. The Operator shall notify the Advertiser without delay of a refusal of an offer or a withdrawal from the contract in accordance with article 4.5. The Operator is not liable for damage caused by refusal of an offer or for withdrawal from a contract on advertising for reasons laid down in article 4.5 hereof.
4.7. If the contract on advertising is concluded off usual Operator’s business premises and if the Advertiser, while concluding the contract on advertising, acts in the position of a consumer, the Advertiser is authorised to withdraw from the contract on advertising without giving a reason within 14 days from the day following the day of concluding the contract on advertising. For the purposes of exercising the right to withdraw from the contract on advertising, the Advertiser must notify the Operator in writing of their decision to withdraw from the contract. In this context, the Advertiser expressly requires that the Operator starts to provide services under the contract already during the withdrawal period. In view of this, the Advertiser, in case of withdrawal from the contract, must pay to the Operator an amount proportional to the scope of services provided from the moment of the publication of the Advertisement to the moment the Advertiser notified the Operator of their withdrawal from the contract. If the purpose of the contract on advertising is fulfilled before the expiry of the withdrawal period, the Advertiser has no right to withdraw from the contract.
5.1. The Advertiser is responsible for the contents of the Advertisement and commits that neither the Advertisement, nor the its supporting documents handed over to the Operator will be in breach of legislation, principles of morality and competition rules and that through dissemination of such Advertisement shall not interfere with rights and legitimate interests of third parties without justification and that generally binding legislation shall not be breached.
5.2. The Advertiser is responsible for the contents and the presentation of the Advertisement. The Operator will not have any responsibility whatsoever for the contents of the Advertisement. The Advertiser is obliged while entering the Advertisement to comply with these Terms and Conditions and with relevant legislation.
5.3. The Advertiser has a responsibility that the contents of the Advertisement and/or photos or other files attached to the Advertisement shall not prejudice the rights of third parties.
5.4. If the Advertiser attaches photos to the Advertisement, whose author they are themselves, they grant, from the time the Advertisement is put on the Server, a gratuitous non-exclusive worldwide licence to the Operator for the use of the photos, for the period of publication of the advertisement on the Server and for all uses in compliance with the function of the Server and these Terms and Conditions.
5.5. The Operator reserves the right to remove those photos from the Server that do not conform to the rules set out herein.
5.6. The Advertiser is obliged to state complete and true information about the offered goods and/or services, including information on the functionality of the goods and conditions of the sale of the goods / provision of the services.
5.7. While entering the Advertisement, the Advertiser is obliged to fill in all items in the administration interface marked as mandatory, in particular to provide true information about themselves, an active email address and a telephone number. The Operator reserves the right to remove Advertisements from the Server that do not contain contact details of the Advertiser or contain false or out of date contact details of the Advertiser, without a refund. The size of the Advertisement must not exceed limits set out by the Operator for particular versions of Advertisements (see the price list for advertisements).
5.8. The advertiser undertakes to compensate to the Operator harm or damage incurred as a result of publication of an Advertisement, including costs of proceedings and attorneys' fees. The Operator is not liable for any interference of the Advertiser in the rights of third parties caused by publishing an Advertisement on the Server.
5.9. The Advertiser is not authorised to put duplicate Advertisements on the Server. A Duplicate Advertisement means an Advertisement identical with another Advertisement or an Advertisement offering the same goods/services under similar conditions.
5.10. An inserted Advertisement is displayed on the Server for a period of 30 days. The Advertiser understands that after the expiry of a period of 30 days from the day the Advertisement was inserted, the Advertisement will not be displayed in the public section of the Server.
5.11. The Advertiser is authorised to remove an Advertisement they had inserted at any time. If the Advertiser removes an Advertisement, such Advertisement ceases to be displayed both in the public section of the Server, and in the administration interface of the Advertiser.
5.12. The Advertiser will be contacted by an Interested Party via a contact form displayed in the detail of the Advertisement. The Operator will send the content of the contact form to the email address of the Advertiser provided while inserting the Advertisement. Upon sending the contact form of the Interested Party to the Advertiser, all the following communication takes place exclusively between the Advertiser and the Interested Party. The Interested Party also has a possibility to contact the Advertiser directly on the telephone number provided by the Advertiser if the Advertiser enabled displaying of their telephone number while inserting the Advertisement.
6.1. The Operator reserves the right of linguistic and graphic correction of the content of the Advertisement before it is displayed on the Server. By carrying out linguistic and graphic correction of the Advertisement, the Operator assumes no responsibility for the veracity of the data contained in the Advertisement or for the authorisation of the Advertiser to sell the goods and/or to provide the services and the authorization of the Interested Party to buy the goods or accept the service.
6.2. The Operator reserves the right to check the Server for any duplications of Advertisements published there. The Operator is authorised to remove duplicate Advertisements from the Server, even without previous call to remedy and without a refund.
6.3. The Operator is authorised to suspend the display on the Server of Advertisements that at their discretion, do not comply with these Terms and Conditions or to remove such Advertisements, even without a previous call to remedy and without a refund. The Operator is also authorised to remove an Advertiser from the system and/or to deny them access to the Sever, in particular because of breaching a provision hereof or for the reason of non-compliance with generally binding legislation or accepted principles of morality.
6.4. The Operator reserves the right to put individual Advertisements into categories as they are published on the Server, at their own discretion. The Operator also reserves the right to change the manner of categorisation at any time.
7.1. Advertisements in their basic version on the Server are free of charge. The Advertiser has a possibility to choose an extended version of the advertisement for a price in accordance with the Operator’s price list. The Advertiser also has a possibility to pay for preferential treatment of an Advertisement on the Server. The Advertisement shall be given preferential treatment in a way and under conditions set out further herein.
7.2. The Price of the Advertisement is set out in the price list published on the Server. The Operator reserves the right to change these prices at any time in accordance with article 11 hereof.
7.3. Unless agreed otherwise, the Advertiser is obliged to pay for the Advertisement before it is published. In case of a cashless transfer, the price for publishing an Advertisement is paid at the moment of crediting the relevant amount to the Operator’s account.
7.4. The Operator will issue an invoice for the Advertiser.
7.5. Unless the price for the publishing an Advertisement is paid in time or if well-founded doubts arise concerning Advertiser’s ability to pay, the Operator is authorised to refuse or suspend the publication of the Advertisement or to refuse further orders or to withdraw from the contract on advertising.
7.6. If the Advertiser removes an inserted Advertisement before the end of the display period in accordance with article 5.10, they are not entitled to a refund of a part of the price for the publication of the Advertisement for the unused part of the display period.
8.1. The Operator puts the Advertiser and the Interested Party in touch. The Operator does not take over any guarantees and assumes no responsibility for the quality or origin of the offered goods and/or services or for their usability for the purpose they are intended for. The Advertiser is fully liable for the delivery, taking over of goods or provision of a service or payment for the goods or services.
8.2. Even though the Operator uses modern technology, they do not guarantee non-stop functionality, flawless operation and security of the system of the Server. The Operator does not assume responsibility for any interruptions of services as a result of technical issues, in particular any responsibility for harm an Advertiser or Interested Party may incur as a result of complete or partial non-functionality of the system of the Server, or else a loss of data placed in the system.
9.1. While processing personal data, the Operator proceeds in accordance with Regulation (EU) 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 (General Data Protection Regulation), Act No. 101/2000 Coll., on the Protection of Personal Data and an Act replacing this act on the basis of implementing the above mentioned regulation, Act No. 480/2004 Coll., on certain Information Society Services, Act No. 127/2005 Coll., on Electronic Communications and other legislation regulating personal data protection.
9.2. For the purposes of publishing Advertisements by an Advertiser on the Server, in particular inserting Advertisements and putting the Advertiser into contact with an Interested Party, the Operator is authorised to process personal data of the Advertiser and of the Interested Party or personal data provided or inserted by the Advertiser or the Interested Party while using the Server (in particular data concerning addresses, descriptions and invoicing). Such processing of personal data is necessary for performing the contract, based on which the Advertiser and the Interested Party use the Server services and in which the contracting party is the Advertiser or the Interested Party as a personal data subject.
9.3. The Operator is authorised to process personal data beyond article 9.2 hereof if such processing is necessary for the purposes of legitimate interests of the Operator or third parties, always in accordance with legal requirements for processing of personal data.
9.4. The Advertiser hereby, within the meaning of Act No. 480/2004 Coll., on certain Information Society Services, grants the Operator a consent to receiving commercial communications on services and products of the Operator to the email addresses provided by the Advertiser.
10.1. In cases where the Advertiser is a consumer in relation to the Operator and if there is a dispute which fails to be resolved by mutual agreement, the Advertiser can, as a consumer, apply for out-of-court dispute resolution of a consumer dispute at the Czech Trade Inspection Authority (Central Inspectorate – ADR department, with its office at Štěpánská 15, 120 00 Prague 2, email: email@example.com, internet: adr.coi.cz). In these cases, an Advertiser in the position of a consumer can also use an on-line platform for consumer dispute resolution, established by the European Commission and available on the following address: http://ec.europa.eu/consumers/odr/
10.2. Filing a motion and subsequent participation in an out-of-court dispute resolution is free of charge for the Advertiser, while any possible costs incurred in relation to the out-of-court dispute resolution are born by each party separately. A motion to resolve the dispute out of court can be filed, at the latest, within one year after the Advertiser submitted a claim to the Operator for the first time, a claim that is the subject-matter of the dispute.
11.1. The Operator reserves the right to modify these Terms and Conditions and price lists concerning publication of Advertisements unilaterally, to a reasonable extent and at any time. The modification is effective as of the day they are made accessible on the Server, unless the Operator sets a later effective date. The Operator is obliged to inform the Advertiser about the intended modification at least fifteen days in advance by sending a notification to their email address.
11.2. The Advertiser is authorised to, within the time limit of thirty (30) days after the publication of the updated version of the Terms and Conditions and price lists for Advertisements, inform the Operator about their disapproval of the updated version of the Terms and Conditions or prices lists and to terminate the contract on advertising. In such a case, the notice period shall be five (5) days. If the Advertiser does not terminate the contract within the given time limit, the updated version of the Terms and Conditions becomes applicable to the contractual relationship and dissemination of the Advertisement as of the set effective date.
12.1. The Operator reserves the right to deny access to the account to the Advertiser if they have not logged on the Server for more than one (1) year.
12.2. Derogating provisions in the contract on advertising shall take precedence over the provisions hereof.
12.3. Concerning disputes between the Operator and the Advertiser in commercial matters, the parties agree on the territorial jurisdiction of the court based on the registered office of the Operator.
These Terms and Conditions enter into force and take effect on [7.5.2019].