Terms of use

operated by  Tomikup s.r.o. , Zavadilova 27, 160  00  Prague 6
IČ / 08055181,DIČ /  CZ08055181

effective from 1.1.2020

1. Introductory provisions

  • 1.1. Tomikup

      1.1.1. Tomikup is a social network that enables the sharing of wishes among users. It also serves as a comparison and shopping gallery, enabling Users to compare the Offers of selected goods offered by Merchants, according to the price or other parameters.
  • 1.2. Scope of the Terms
      1.2.1. These Terms govern the use of the Tomikup by the User and the relationship between the User and the Tomikup. These Terms and Conditions do not constitute a purchase agreement between the Merchant and the User entered into using the Tomikup interface, and acceptance of these Terms and Conditions does not constitute the conclusion of such purchase agreement, although they contain certain provisions forming part of such purchase agreement. 1.2.2. If the User has concluded a purchase contract in the manner specified in Article 6.1.2, ie the purchase contract was concluded through the e-shop of the Merchant operated on the website of the relevant Merchant, the provisions of Articles 2.6 - 2.8, 3 and 4 of the Conditions shall not apply.
  • 1.3. Interpretation of terms
      1.3.1. Terms   - these Terms of Use of the Tomikup.cz shopping gallery, available http: //www.Tomikup .cz / podminky-uzivani / ; 1.3.2. Tomikup   - Tomikup.cz shopping gallery, available at   www.Tomikup.cz; 1.3.3. Operator   - Tomikup operator, Tomikup s.r.o. , Zavadilova 27, Prague 6, 160 00, ID: 08055181, VAT: CZ08055181; 1.3.4. User   - An Internet user accessing the Tomikup site to contact   friends, share wishes, and view offers; 1.3.5. Merchant   - E-shop operator registered with Tomikup, displaying Offers of goods available through its E-shop on the Tomikup website; 1.3.6. E-shop   - An online store run by a merchant under your own domain, linked to Tomikup's site via XML code; 1.3.7. Offer   - an offer of goods offered by the Merchant on the website of his E-shop, placed on the website of Tomikup; The offer is not a proposal to conclude a Purchase Agreement; 1.3.8. Order   - a response to the Offer, sent to the Merchant by the User via Tomikup and through its interface, the subject of which is the demand for goods according to the Offer; The Order is considered a proposal for the conclusion of the Purchase Agreement; 1.3.9. Purchase Agreement   - a purchase agreement entered into through Tomikup between the User and the Merchant; 1.3.10. Guarantee   - Operator's refund of the purchase price, as set forth in Article 6 of the Terms.

2. Rights and obligations of the User, rules for posting

      2.1. Use of Tomikup is free for the User. By sending the first Order, the User is automatically and free of charge created his user account, to which the User has access using the entered access data (username + password). The User's registration may be canceled if the User violates these Rules or legal regulations while using Tomikup. The User's registration may be canceled on the basis of his request sent to Tomikup, or if the User violates these Rules or legal regulations while using Tomikup. 2.2. The User is entitled to inform the Operator of cases where the goods were not delivered to him by the Merchant on time or the delivered goods were in any conflict with the purchase contract, regardless of whether it is a Purchase Contract concluded under Article 6.1.1 of the Business Conditions, or for a purchase contract concluded in accordance with Article 6.1.2 of the Business Conditions. 2.3. The User is not entitled to use any means not provided by the Operator himself to   influence the search results of Offers on the Portal or other functions of the Portal, and to offer or provide these means to other persons. In particular, the User is not entitled to interfere with the source code of the Portal, install software affecting the search or interfering with other functions of the Portal, and offer this software to other Users, Merchants or third parties. In   violation of this prohibition is The Operator is entitled to cancel the user account created in accordance with Article 7.1, to block the User's IP address, and to cancel the registration of the Merchant who will use the given means to   influence the functions of the Portal. 2.4. Through the Tomikup interface, the User is entitled to post user reviews and contributions to individual merchants for individual products, and evaluations to individual Merchants (together & bdquo; Contributions & rdquo;). User Submissions express the opinions only of their authors and do not express the opinions of the Operator. The Operator is not responsible for the veracity of the information presented in the Contributions and for the compliance of this information with legal regulations. Especially anonymous Posts should be accepted by Users as a subjective opinion, which in itself may not provide complete and truthful information about the quality of goods, E-shops or Merchants. 2.5. The Operator is entitled to remove any Contribution without giving a reason. In particular, one that is contrary to law, good morals, is not related to the topic, or which is able to harm the operator, Traders or other Users. The Operator is not obliged to inform the User about the removal of the Contribution or to inform him of any reasons for removal. 2.6. Submission of Contributions is free of charge and the User is not entitled to any reward for them. By submitting the Contribution, the User gives the Operator permission to use the Contributions within the shopping gallery in the form of access to third parties, reproduction and modification of the Contributions, whether they form an author's work in the sense of Act no. No. 121/2000 Coll., Copyright Act or not. The operator is entitled to the right to use the Contributions to a third party (as exclusive or non-exclusive). 2.7. The User is obliged to refrain from providing Information, which gives other Users or Traders the impression that the information is provided by the Operator or a person authorized by him.

3. Privacy Policy

    • 3.1. By registering, the User - a natural person grants the Operator consent to the processing of his personal data. Learn how and why we handle your personal information .
        3.1.1. entered within the Order, for the purpose of processing the Order and handing them over to the Merchant for the purpose of concluding the Purchase Agreement, 3.1.2. entered in connection with the exercise of rights under the Guarantee pursuant to Article 6 of the Business Conditions.
    • 3.2. Users' personal data are processed exclusively to the extent specified by the Users in the Order, for the purpose of concluding Purchase Agreements through Tomikup or for the purpose of exercising the rights under the Guarantee, for the duration of the User's registration. 3.3. The operator is the administrator of personal data in the sense of § 4 letter j) Act. No. 101/2000 Coll. on Personal Data Protection, and is registered at the Office for Personal Data Protection under Reg. No. 46884. The User may at any time request information from the Operator via e-mail sent from the address he used when sending the Order or registering. personal data, a statement of all personal data processed by the Operator at the time of delivery of the application, while he is entitled to request the correction, addition or liquidation of processed personal data. 3.4. In accordance with § 7 par. 3 of Act no. No. 480/2004 Coll. on certain information society services, the Operator is entitled to send to users whose e-mail address obtained within the provision of services to Users, business messages concerning Tomikup, the Operator or its business activities, to this e-mail address. The User has the opportunity to revoke this consent at any time, free of charge, in response to a commercial communication in the required format

4. Final provisions

      4.1. These Terms and Conditions are valid and effective as of January 1, 2014 4.2. The Operator is entitled to change these Conditions, of which it is obliged to inform the User on the Tomikup website. The new version of the Conditions will not apply to Orders sent before its entry into force - these Orders are governed by the previous wording of the Conditions. The User confirms his agreement with the wording of the current version of the Terms each time he sends an Order or submits a Contribution. 4.3. The relationship between the Operator and the User is governed by these Conditions and legal regulations of the Czech Republic, in particular Act No. 40/1964 Coll., The Civil Code, and Act No. 513/1991 Coll., On Commercial Code. 4.4. In the event that any provision of these Terms and Conditions is invalid for any reason, this fact does not cause the invalidity or ineffectiveness of other parts of the Terms and Conditions. 4.5. For the purposes of any communication with the Operator, the User is obliged to use the contact details provided on the page   http: //info.Tomikup.cz/kontakt/.