heureka!grouph!g

Rules on liability for retailer's content

RULES ON LIABILITY FOR RETAILER’S CONTENT

  • introductory provisions
      1. This document (hereinafter the “Retailer’s Content TaC”) sets out the rules on liability of the shopping gallery operator Heureka.cz, operated by Heureka Group a.s., registered office: Karolinská 706/3, 186 00 Prague 8, business ID number: 07822774, tax ID number: CZ07822774, for content input by a Retailer on the Portal (hereinafter the “Content”).
      2. For the purposes of these TaC, Retailer’s Content is understood to mean information in Offers, information about Goods and their prices supplied by a Retailer using an export XML file (hereinafter the “XML FEED”), and a Retailer’s reactions coming from the Verified by Customers system displayed by a Customer’s evaluation to which it relates (hereinafter “Reactions”).
      3. These Retailer’s Content TaC relate to entities that are subject to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter the “DSA”) and certain types of restriction concerning Content.
      4. These Retailer’s Content TaC do not establish any relationship between the Operator and Retailer and do not replace arrangements between the Operator, the User and the Retailer contained in the Terms and Conditions for Use of Heureka Shopping Gallery (hereinafter the “Terms and Conditions”) and in Special Terms and Conditions within the meaning of Art. 1.2.2. of the Terms and Conditions.
      5. The interpretation of terms in accordance with Art. 1.3 of the Terms and Conditions applies to these Retailer’s Content Tac, unless these Retailer’s Content TaC use a different term and define its interpretation.
  • liability for Content, Operator’s status
      1. Retailers import Content quite separately through the Portal’s website, it is automatically published on the website without a prior check by the Operator.
      2. The Operator is not obligated to supervise the Content and actively search for facts and circumstances indicating the unlawfulness of the Content or its incompatibility with the Operator’s contractual terms and conditions.
      3. The Operator is liable for the Content only in the following cases:
        1. if it has specific knowledge of the unlawfulness of the Content or an unlawful action by a Retailer and with regard to a claim for damages it is aware of a fact or circumstance that would make the unlawful activity or unlawfulness of the Content evident; or
        2. if it demonstrably learns of the unlawful nature of the Content or of an unlawful action by a Retailer and does not promptly take all steps that can be required from it to remove the unlawful Content or make it inaccessible.
      4. With regard to the fact that in the case of the Portal the Operator is not obliged to supervise the Content and check its compliance with legal regulations, a case of liability in accordance with Art. 2.3.1 in the case of the Portal is not applicable in practice. The Operator may be subject to liability in accordance with Art. 2.3.2, if the conditions in accordance with Art. 3 of these Reviews TaC are met.
  • restriction
      1. A restriction is understood to mean the restriction of the visibility of the Content or blocking of a Retailer (hereinafter “Restriction”).
      2. Blocking a Retailer is understood to mean the temporary suspension of the option of using the Portal or the complete termination of a contract on use of the Portal (i.e. withdrawal from a contract on use of the Portal by the Operator) (hereinafter “Blocking”).
  • notification of content
      1. Anybody is entitled to send the Operator a notification of unlawful nature of Content (hereinafter a “Notifier”). A notification must contain information sufficient so that the Operator can, within the meaning of Art. 2.3.2 of these Terms and Conditions, demonstrably learn of the unlawful nature of the Content, where the following information, at least, must result from it:
        1. identification of the Content including clear information about the precise electronic location of the Content (e.g. exact uniform URLs or URLs);
        2. reasoning for the unlawfulness of the Content;
        3. the Notifier’s name and e-mail address;
        4. a declaration confirming that the Notifier believes in good faith that the information and claims contained in the notification are precise and complete.
      2. Notifications may be sent to the Operator via the notification system, which means the web form available on the Operator's web interface under the "Report Illegal Content" button.
      3. If a notification does not meet all the requisites in accordance with Art. 4.1.1, Art. 4.1.2 or Art. 4.1.4, the Operator will call on the Notifier to supplement the missing requisites. After the supplementation of the missing requisites by the Notifier, the Operator proceeds in accordance with Art. 4.4.
      4. After the delivery of a notification containing all the requisites in accordance with Art. 4.1, the Operator will assess through a human review the notified unlawfulness of the Content.
      5. In connection with the result of the evaluation in accordance with Art. 4.4, it will take a decision (hereinafter a “Decision”) consisting of
        1. adopting measures consisting of a Restriction; or
        2. refusing to adopt a Restriction.
      6. A Decision together with the reasoning will be sent to the Notifier to his/her/its e-mail address notified to the Operator in accordance with Art. 4.1.3 and to the Retailer that the Notification concerns, to the e-mail address stated in the user account (the Notifier and the Retailer that a Notification concerns are hereinafter each referred to as an “Affected Entity”).
  • adoption of measure
    1. A Restriction consisting of a restriction in the visibility of the Content will be taken by the Operator in the event of a breach of duties stipulated by the Operator’s Business Terms and Conditions, in particular:
      1. breaches of the rules for the XML FEED in accordance with Art. 3 of the Business Terms and Conditions;
      2. offers of Goods in conflict with legal regulations or the publication of Offers with Content that is unlawful in any other way;
      3. delivery of Goods to Users in conflict with the Purchase Contract (quality, quantity, date of delivery) or non-delivery of Goods to a User for reasons on the Retailer’s part;
      4. interference with the XML FEED or part of the Portal for the purpose of influencing the results of searches by Users or using impermissible means influencing the results;
      5. non-updating of identification and contact details;
      6. non-statement of the current total amount of costs for delivery of Goods to a User;
      7. sending unsolicited commercial communications to Users or breaching duties when handling personal data;
      8. interfering with the content of reviews or influencing Users for the purpose of influencing the result of reviews;

if it is also the first case of breach of duties stipulated by the Business Terms and Conditions.

  1. The Operator will proceed to a Restriction consisting of Blocking a Retailer in the event of a repeated (at least twice) breach of the duties stipulated in these Terms and Conditions by the Retailer, in particular the duties stipulated in the preceding paragraph.
  2. If in connection with Blocking consisting of a temporary interruption of the use of the Portal by the Retailer there is to be a complete termination of its contract on use of the Portal, the termination of the contract shall take effect 30 days after delivery of the Decision to the Retailer. This procedure does not have an influence on the effectiveness of a temporary suspension of the option of using the Portal. A period in accordance with Art. 5.3 does not apply in the event that:
    1. termination of the contract is directly required to meet a legal or regulatory duty of the Operator in a way that does not allow the period to be complied with;
    2. there is an urgent legal reason to terminate the contract arising from a legal regulation, which primarily means a reason for which the contract may be withdrawn from without a prior call for a remedy within the meaning of Section 2002 of the Civil Code;
    3. a Retailer demonstrably and repeatedly breached the Terms and Conditions (including the duties resulting from these Business Terms and Conditions and from other documents forming part of the Terms and Conditions).
  • submission of complaint
      1. If an Affected Entity does not agree with a Decision that was delivered to him/her/it, the Affected Entity is entitled to submit a complaint against the Decision (hereinafter a “Complaint”), via the e-mail from which the Decision was delivered.
      2. The Affected Entity is entitled to submit a Complaint within 6 months of the day a Decision was delivered.
      3. The Operator will cancel a Decision against which a Complaint is submitted if:
        1. the Complaint contains sufficient reasons for the Operator to reach the conclusion that the Decision not to take any steps based on the Notification is unjustified; or
        2. the information that the Complaint concerns is not unlawful or incompatible with the Operator’s contractual terms and conditions;
        3. the Complaint contains information that indicates that the complainant’s actions do not justify the measure adopted.
      4. The Operator shall, without undue delay, inform the Affected Entity that submitted the Complaint of its reasoned decision on the information that the Complaint concerns and of the options for out-of-court dispute resolution in accordance with Art. 7.
  • out-of-court dispute resolution
      1. If an Affected Entity does not agree with a Decision or if a Complaint is not dealt with after it was submitted using the procedure in accordance with Art. 6, he/she/it is entitled to refer the matter to an entity for out-of-court dispute resolution using the procedure in accordance with Art. 7.
      2. Every entity certified for out-of-court dispute resolution by the Czech Telecommunication Office is an entity entitled to resolve disputes between the Operator and an Affected Entity.
      3. Unless legal regulations provide otherwise, the Operator will cooperate with a certified entity for dispute resolution.
      4. Decisions issued by entities certified for out-of-court dispute resolution are not binding on the Operator.
      5. The procedure for making a request for out-of-court dispute resolution is not set at this time.
  • final provisions
    1. These Retailer’s Content TaC in no way limit the Operator’s right to execute a Restriction on Content in the event that it independently becomes suspicious of its unlawful character or its incompatibility with the Operator’s contractual terms and conditions, or it is able to damage the reputation and interests of the Operator, other companies in the group of which the Operator is part or the Portal. The rights and duties of Retailers and the Operator in connection with the Restriction of Content in the aforementioned manner are stipulated in Art. 5.1. of the General Terms and Conditions for Use of Heureka.cz Portal for Retailers.
    2. Rights and duties not set out by these Retailers’ Content TaC are governed by the Terms and Conditions and the Special Terms and Conditions to the extent to which they are not in conflict with these Retailers’ Content TaC, as well as by generally binding legal regulations, in Particular Act No. 89/2012 Coll., the Civil Code, and Act No. 480/2004 Coll., on some information society services, and the DSA.
    3. The rules for making unilateral changes to these Retailers’ Content TaC by the Operator are stipulated by Art. 9.1 of the Terms and Conditions.
    4. This text of the Retailers’ Content TaC comes into effect on 5 March 2024.