TERMS AND CONDITIONS

1. Subject matter and validity

Martin Kosmák, ID: 63143186, Čajkovského 2514, Ústí nad Labem, Czech Republic

(hereinafter referred to as “Operator”)

operates a digital travel stamp platform on the website https://www.digitaltravelstamps.com (hereinafter referred to as the “Portal”). Here, various authors create digital travel stamps for the User. This allows not only to collect stamps but also to explore different places via computer, mobile device or real experiences.

Use of the Portal is governed by these Terms and Conditions of Use (hereinafter referred to as the “Terms”) as in effect at the time of your visit to the Portal. In accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), these Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the “Contract”) concluded between the Operator and a non-business individual (hereinafter referred to as the “User”) through the Portal.

There is no separate contract text for the contract relating to the use of the Portal. The content of the contract between the User and the Operator is based on these Terms. By registering and using the services of the Portal, the User agrees to the validity and applicability of these Terms.

‍2. Services and rights

The Operator provides a space for the purchase and collection of digital travel stamps (hereinafter referred to as the “Stamps”), allowing you to not only collect different collections of Stamps, but also to discover new places.

The scope of the content and the possibilities of its use (hereinafter referred to as the “License”) depend on the type of account a person chooses. In terms of duration, the Licence is not limited to the duration of the paid subscription. The Portal offers to provide the User with a personal profile. A User who wishes to use the features and benefits offered by the Portal must register. Subsequently, the User will receive an email invitation to confirm the registration of the User’s account. When creating it, the User is obliged to enter true information, exclusively about himself. In case the data changes, the User is obliged to update it in his Profile.

The User logs in to the Profile with a username and password. If he/she forgets the password, he/she can recover it using the form provided on the Portal. In the event that the User allows third parties to use his/her Profile and any damage is caused, the Operator shall not be liable for such damage. The Operator reserves the right to cancel the User’s Profile at any time, without giving any reason and without notice. In particular, the Profiles of Users who have not logged into the Portal for more than 1 year may be deleted. The User may cancel his/her Profile at any time in the User interface. By cancelling the Profile, all data that the Operator processes about the User is fully deleted and the consent to the processing of the User’s personal data is revoked. The User acknowledges that his/her Profile may not be continuously available. In fact, the Operator reserves the right to change or cancel any service provided on the Portal without prior notice or to carry out system maintenance, during which some services may be unavailable. Thus, the Operator is not liable for any damages incurred.

The rights to the Portal and the content distributed through it belong and will belong to the Operator and/or the Operator’s licensors. All trademarks of the Portal, as well as trade names, logos, domain names and other distinctive trademark elements are the exclusive property of the Operator. The license does not grant the User any right to use the trademarks, our trade names, logos, domain names or other distinctive trademark features, whether for commercial or non-commercial purposes.

The Operator is entitled to display promotional information on the Portal. Users acknowledge that the Portal may allow the display of third party advertising.

3. Registration‍

In order to use the services of the Portal, registration is required. Persons over 18 years of age have the right to register. As a minor, the User may register only if he/she is over 14 years of age and his/her legal representatives have given their consent. The Portal reserves the right to provide services subject to proper proof of identity, age or consent of the legal representative.

Registration is done manually by filling out a form on the Portal. By registering, you enter into an agreement with the Operator for the use of the Portal. To register, the User may use his/her e-mail address and a password chosen by the User. All data required for registration must be true, complete and correct and always up-to-date. If the Operator is misled by false data, the User will be required to pay compensation. The Portal has the right to store and process the data provided by the User during registration, in accordance with the provisions on data protection. The password used must be confidential. The User is solely and fully responsible for its confidentiality. The User account may only be used by the User. Any unauthorized use of the User Account is prohibited. Any suspicions in this regard must be reported immediately to the Portal.‍

4. Conclusion of the contract

In order to take full advantage of the services of the Portal, the User has access to various service packages in the form of paid subscriptions (“Paid Access”).

Paid Access allows access to additional content and features through the Portal. Currently, all Users can access all content and features free of charge. A legally binding offer for a Paid Acces is made by the User by filling in the required details in the online order form on the Portal. The contract for paid access is concluded when the Portal issues a notification of acceptance of the order (order confirmation), which will be sent to the User by e-mail within a reasonable period of time. Paid Access begins on the date of sending the order acceptance notification.

The User has the option to purchase any stamp published on the Portal. Payment must be made for it to appear in the User’s account. The price of the stamp can only be paid in cashless form through the STRIPE payment system, the link to which is part of the Portal. The User’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator’s account. The delivery of the stamp is realized after the payment of the price directly on the Portal. The purchased stamp is displayed in the User’s account, in the collection section. The User acknowledges that he/she does not own the stamp, but has rented it for the duration of the User account or the web interface in exchange for the price paid.

5. Withdrawal from the contract

The User has the possibility to withdraw from the contract within fourteen (14) days of its conclusion. In the event of withdrawal from the contract, the contract shall be cancelled from the beginning. In this case, the User shall use the section in his/her user account where he/she has the option to withdraw from the contract and request a refund. If the User withdraws from the contract, the User bears the cost of the transaction fees.

If the User withdraws from this contract, the relevant payments will be refunded, except for the additional costs of processing the online payment via Stripe, within fourteen (14) days of the date on which the withdrawal request was received. The refund will be made using the same means of payment used by the User in the original transaction.

6. Method of payment and retention rights

There is a fee for establishing Paid Access or purchasing a stamp. The exclusive payment method is online payment via Stripe. The User shall not be entitled to set off any claims against claims against the Operator, unless the claims have been finally adjudicated or are undisputed. The right of set-off can only be exercised if the claim arises from the same contract.

7. Change of terms‍

The Provider may amend or change these Terms at any time (however, the User will be informed of any change by means of information about the new version of the Terms of Use on the Portal). By agreeing to them, the User also agrees that they shall be applied to all content provided by the User to date by the Operator in connection with the operation of the Portal. For this purpose, the new version of the Terms will be sent to the email address provided by the User during registration. If you do not object to the applicability of the new version of the Terms within four weeks of receiving the notification referred to in paragraph 1 of this Article, you shall be deemed to have accepted the new version of the Terms. If you timely object to the new version of the Terms, the contractual relationship will continue under the previous Terms. However, the Operator may terminate the contractual relationship with the User.

8. Out-of-court dispute resolution

For the out-of-court resolution of consumer disputes, the European Union has set up an online dispute resolution platform (the “OS Platform”), which can be accessed at http://ec.europa.eu/consumers/odr. The OS Platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts. The Operator states that it is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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9. Final provisions

Complaints are handled by the Operator via e-mail. Complaints can be sent to the electronic address [email protected]. The Operator will send information about the complaint to the e-mail address provided by the User during registration.

The User, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on certain information society services), as amended, agrees to receive commercial communications to the e-mail address provided by the User during registration.

Validity and effectiveness from 24. 08. 2024