Gebruiksvoorwaarden
Definitions
The terms used in the regulations are defined below:
Klaviano.com - website owned by SAP MUSIC PROFESSIONAL Krzysztof Skwarek, 62-800 Kalisz, street Obozowa 18 (NIP 6180000759, REGON 003340676) Poland.
Regulations - this document.
Registration - account creation procedure.
Account - a set of resources kept for the user by Klaviano.com under a unique name (login), in which the user's data and information about their activities within Klaviano.com are collected.
User - a natural person who is at least 18 years old and has full legal capacity, a legal person or an organizational unit without legal personality but able to acquire rights and incur obligations on their own behalf, who in the manner provided in the Regulations has created an account or activated an advertisement.
Advertisement - an advertisement prepared by the user regarding sales (invitation to conclude a sales contract), rental, services offered, etc., posted on the Klaviano.com website, on the conditions provided for in the Regulations. There are two types of ads on Klaviano.com: instrument and service.
Price list - a list of fees set by Klaviano.com for services rendered as part of the website.
§1 General provisions
- The regulations define the rules for the use of the Klaviano.com website by users and the conditions for the provision of services by the website owner for users on the Klaviano.com website.
- Klaviano.com reserves the right to specify detailed rules and the scope of providing individual services in separate regulations.
- A technical condition for using the Klaviano.com website is having a device with access to the internet and a web browser installed. For some services, you must have an e-mail account running on any server. Using the website is possible only through a web browser.
- The Regulations are continuously available on the Klaviano.com website in a manner enabling users to obtain, reproduce and record its content by printing or saving on a carrier at any time.
- Users of the Klaviano.com website are gratuitous and payable in the scope of purchasing special services.
- As part of the Klaviano.com website, the user is enabled to obtain information about goods and services offered by companies and private sellers / service providers placing advertisements directly on the Klaviano.com website.
- Data on goods and services placed on the Klaviano.com website come from companies and private sellers, from ads placed by users directly on the Klaviano.com website. The Klaviano.com website makes every effort to ensure that the information on the website is presented by companies and private sellers in accordance with the current state of affairs. In case of any doubts as to the timeliness of the offer or other issues related to the transaction, description, price, availability of the good/service, the user should contact the company or the private seller directly. In the absence of a response from the user offering the goods/service, the user may ask the Klaviano.com consultants for any information about the availability of the advertisement through the "Contact" tab.
- Any purchase transaction between the user and the company or private seller/service provider takes place on the terms specified by the company or under a separate agreement concluded with the private seller/service provider. The Klaviano.com website is not responsible for the delivery of goods, performance of the service and transaction process. The Klaviano.com website is also not responsible for the delivery of goods in connection with the order, warranty and consumer rights related to the goods and sales transaction, for no performance or improper performance of the obligation, service by the company or private seller/service provider, for the quality, security, legality of goods and services, as well as the truthfulness and reliability of their descriptions.
§2 Registration
- Registration on the website is free.
- Users have the possibility of:
- using the Klaviano.com service without registering
- or to register on the Klaviano.com website using the tools available and to log in to the website using the access data established during registration, or via websites such as Facebook, Google or Apple
- In order to register on the Klaviano.com portal, click on the "Sign in" button available on each subpage of the website. After clicking the button, the user is directed to the subpage of the first stage of registration, where:
- you give your e-mail address
- you choose your account type: private or business
- you create a login and password
- (optional depending on the account type) you create the address of your individual subpage in the form of www.Klaviano.com/example_name
- in addition (depending on the type of account) they can also select the preferred language for contact, services offered or address details
- In order to provide the best service, when sending a request via the form on the Klaviano.com website, the user agrees to the creation by the Klaviano.com portal of the so-called temporary accounts, which will handle communication between users, the service department and marketing activities on the Klaviano.com portal.
- After completing the data in the first registration stage, the user then clicks the "Registration" button. Required fields are marked with an asterisk (*). In order to register, the user must also accept these regulations, thereby agreeing to the processing of his personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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), also called the GDPR.
- Registration on the Klaviano.com website takes place by accepting the Regulations and entering true, current, complete data by the user in the registration form. Registration makes it possible to store user data on the website for more convenient use of the website's services.
- By registering on the Klaviano.com website, the user has automatically enabled email notifications enabling the user to use all the services offered by the Klaviano.com website. These notifications can be switched off by the user at any time after logging into their account from the "Edit Your Profile > More" tab.
- After registration, the user can log in to their own profile on the Klaviano.com website. To do this, select the "Log in" option visible on each subpage of the portal and provide your username and password.
- After registration, you can enter more details about the company you represent or your own data such as company name, company location, company profile, first and last name, contact phone, etc. and edit your e-mail address, password and user name. In order to modify your data, select the "Edit Your Profile" option and then edit the selected data provided during registration.
- The user has the opportunity, at any time and without giving any reason, to delete their account (account cancellation) by sending an appropriate request to the service provider, in particular by e-mail to: [email protected], but also in writing to the address: Obozowa 18, 62-800 Kalisz or by the functions available in the user panel.
- The user may only have and use one account on the Klaviano.com website.
- Klaviano.com retains full rights to the subpages created by the users referred to in point 3, subpoint (d) of the Terms and Conditions. Klaviano.com has the right to change the address of a subpage that the user selected during registration without giving any reason.
- The Klaviano.com administrator has the right to delete the user's account without giving any reason. This applies if the data provided by the user clearly indicates their untruthfulness or the user has violated the Klaviano.com website regulations in any way.
- For the sake of the interest of users seeking a particular service or product on the portal, Klaviano.com is entitled to contact the user after 7 working days from the sending of the message in order to provide the highest quality of service and to direct the user to another user offering a similar product or service.
- In the situation where a user offering a product or service deliberately gives up providing the service to a Klaviano.com searcher, as reported by Klaviano.com, the service has the right to refer the searcher to another user offering a similar product or service.
- With regard to personal data provided by the users, the administrator of this personal data within the meaning of Regulation 2016/679 of the European Parliament and of the Council (EU) of 27 April 2016 is SAP MUSIC PROFESSIONAL Krzysztof Skwarek, 62-800 Kalisz, 18 Obozowa Street (NIP 6180000759, REGON 003340676).
- Users' personal data is processed in particular for the purpose of proper performance of services provided, i.e. publication of advertisements by users, to consider complaints submitted by users and to return services in the event of withdrawal from the contract, to provide information about the service, the current offer, and to other users who decide to purchase a product/service placed in the service by a user.
- Klaviano.com carefully selects and applies appropriate technical and organizational measures to ensure the protection of the processed data, including those of a programming nature, and in particular protects the data against unauthorised access, as well as other cases of their disclosure or loss and against destruction or unauthorised modification of the indicated data, as well as against their processing in violation of the applicable laws. Klaviano.com exercises permanent control over the process of data processing and restricts access to the data as much as possible by granting appropriate authorisations only when it is necessary for the proper provision of services.
- Klaviano.com provides users with the right to exercise their rights under the Personal Data Protection Act, including the right to access and correct their own personal data and the right to control the processing of their personal data in accordance with the principles described in the said Act and the Privacy Policy.
- The Klaviano.com website pursues a cookie policy which was created on the basis of the legal requirement resulting from the amendment of the Act of 16 July 2004. Telecommunication law.
- Cookies are IT data, in particular text files, which are stored in the final device of the service user and are designed to use the website. Cookies usually contain the name of the website from which they originate, the time they are stored on the terminal device and a unique number.
- The administrator informs, that the service only collects information contained in cookies, but does not collect any other data about the user.
- The administrator of the service informs that cookies are used for the following purposes:
- Adjust the content of the service to the user's preferences and optimize the use of the websites. In particular, these files allow the user's device to be recognized and the website to be properly displayed, tailored to his or her individual needs.
- Maintain your session (if you are logged in), which means that you do not need to log in again on each subpage of the website.
- The production of statistics that provide a basis for analysing how users use websites.
- The administrator informs that two types of cookies are used in the service:
- Session cookies, i.e. temporary files that are stored on the user's end device until logging out, leaving the website or turning off the web browser.
- Persistent cookies, i.e. files that are stored on the user's end device for the time specified in the cookie file parameters or until they are deleted by the user.
- Be aware that the software used to browse the web pages (web browser) very often by default allows to store cookies in the end user's device. Users can change their cookie settings at any time. These settings can be changed e.g. to block the automatic handling of cookies in the settings of your web browser or inform about their placement in your device each time.
- The administrator declares that restrictions on the use of cookies may affect some of the functionalities available on the website.
§3 Klaviano account types
- During registration, you can choose one of our two types of accounts dedicated to private individuals or businesses:
- Private account - dedicated to individuals who want to buy or sell an instrument on Klaviano.com. Thanks to this account, the user can save their searches, watch their favourite ads, manage notifications and messages, as well as keep track of their statistics. Users who have this account may add any number of advertisements on Klaviano.com for a specific fee. A private account user can promote his ads using additional paid services.
- Business account - dedicated to companies and people professionally involved in the sale or purchase of upright and grand pianos, as well as offering services related to them. Such as, among others: tuning, repair, renovation, transport, etc. The user of this account, apart from all the functions of the private account, has additionally: a limited number of instrument and service announcements, an individual subpage with information about the company, place on the list of seller/service providers, redirection to your website. To access all the features of your business account, you are required to select 1 of the offered paid business account plans. Visit this link for a detailed description of the paid business account plans and additional services.
- The change of account type from free to any paid account type takes place depending on the chosen payment method. If the user pays by card or paypal, services are activated automatically. If the user chooses bank transfer as a payment method, the services are activated within 24 hours of receiving the payment or confirming the payment by e-mail.
- A user already using a paid account who wishes to upgrade to a higher account type may do so from the start of the next billing period or from the next billing period. The new account will activate from the beginning of the next billing period or during the ongoing billing period by activating a new payment. The new, higher account type will be activated as soon as the payment is credited and will be effective immediately. Any unused time of the previous account will be forfeited.
- A user using a paid account service who wishes to change to a lower account type may do so from the start of the next billing period or during the next billing period. A lower account type will activate from the beginning of the next billing period or during the ongoing billing period by activating a new payment. The new, lower account type will be activated as soon as the payment is credited and will be effective immediately. Any unused time of the previous account will be forfeited.
§4 Additional paid Klaviano services
- Featured ad - a distinguished appearance of the advertisement on the list of instruments and other additional places on the Klaviano.com portal. The featured ad must have a photo. The distinction of the advertisement is valid for 30 days.
- Standard ad - advertisements purchased individually for a period of 30 days. Valid for 30 days.
- Price estimation - a one-off estimation of an approximate value of a grand or upright piano.
- The costs of individual services are included in the price list.
§5 Terms and conditions for placing advertisements on the website
- Placing an advertisement on the Klaviano.com website requires filling in the form available on the Klaviano.com website by filling in all required fields, accepting the Terms and Conditions and registering on the website.
- The number of items/services offered at the same time depends on the type of user account.
- Advertisements on Klaviano.com are published for a certain fee. The costs of publishing an ad are included in the price list.
- Users determine the content of the advertisement themselves. Additionally, using the form referred to above, the user may attach to the advertisement photos and a video in the number and formats specified on the website.
- In case of any doubts, the content of the announcement is considered to contain an invitation to conclude a contract.
- Advertisements are available to all internet users. Along with the advertisement, a contact form is placed on the Klaviano.com website, which (without disclosing the advertiser's address or revealing the advertiser's e-mail address - depending on the advertiser's choice) enables each internet user to send a message to the e-mail address assigned to the advertisement, or to contact the advertiser by phone through the "Call" option.
- Advertisements placed by users directly on the Klaviano.com website should include the actual gross price of the goods/services.
- When an advertisement is published, the user has the right to modify its content. In order to do so, you should choose the option "My Listings", depending on the type of advertisement. Next, select the ad to be modified and click the "Edit" button.
- After the publication time (365 days) the advertisement becomes inactive and can be reactivated. The user will be informed about this by e-mail. The user has 30 days to reactivate his ad (by clicking on the link in the e-mail informing about the expiration of the ad), after the 30 day period the ad will be removed from the Klaviano.com portal.
- In the content of the advertisement (in its description and attached photographs) the user may not include e-mail addresses, website addresses, telephone numbers and instant messenger numbers. An e-mail address, telephone number or instant messenger number may be placed only in the fields indicated in the "Edit Your Profile" tab. Klaviano.com reserves the right to delete any advertisements that will contain such data in violation of this provision.
- The user is responsible for the published content (including images and videos) and the user guarantees that it is consistent with facts and law, and that its publication does not violate the rights of the operator, the Terms and Conditions and the rights of third parties, including copyright, while agreeing to use of this content (including photos and videos) for marketing purposes by www.klaviano.com.
- Klaviano.com has the right to remove the advertisement if it violates in any way the provisions of the Terms and Conditions or the law, in particular if it contains content that is: generally considered offensive, sexually explicit or likely to violate moral or ethical norms; that is in the nature of acts of unfair competition; that violates good morals, copyright or other intellectual property rights; that damages the good name or reputation of Klaviano.com or its partners; that is misleading.
- Klaviano.com shall not be liable for the quality or legality of the advertisements, the accuracy and reliability of the information provided by users, or the ability of sellers or buyers to complete transactions.
- Klaviano.com has the right to delete any advertisement or block an account if it is inconsistent with the subject matter of the portal or if there is a suspicion that actions threatening the safety of other users within the service could or may occur through the advertisement or account. Likewise, in the event that the advertisement adversely affects the good name of Klaviano.com or otherwise harms Klaviano.com.
- Klaviano.com shall not be liable for: lack of interest in the subject matter of the advertisement, execution of users' obligations resulting from the warranty and guarantees concerning the subject matter of the advertisement, force majeure, ICT systems or devices independent of the operator, statements made by the user to the other party to the transaction.
§6 Terms and conditions for booking practice rooms
- By making a reservation, you accept the applicable rules displayed during the booking process. Each provider's cancellation policies and any other policies can be found on our platform, on pages about the provider's services, and are displayed during the booking process.
- If you wish to book a practice room, you must select the dates on the calendar and then proceed to the booking submission. There you will be asked for, among other things: first name, surname, email address (which will make it easier to contact the owner of the exercise room) your choice of the start time of your booking and its duration. At this stage, you will be informed about the cost of the selected booking.
- Once the offer(s) have been made available for booking, the provider will begin to receive booking enquiries, which they can view under "Booking enquiries" in their user panel.
- The service provider shall decide whether to accept or reject the booking request. In either case, the user making the booking will receive a notification from the owner of the practice room. The owner also has the option to change the date of the booking. This may be necessary if the room for practice cannot be made available on a particular date. In this case, the seller may adjust the dates and ask the booker to accept or reject the updated dates.
- The offer owner may choose to hide the booked dates in the calendar; in this case, those wishing to make a booking will see them as greyed out and will not be able to book those dates.
- If you cancel your booking or fail to show up at the agreed time, charges for cancellation/not showing up and refunds will depend on the provider's policy on cancellation/not showing up.
- Some bookings cannot be cancelled free of charge, and others can only be cancelled free of charge only before the specified deadline.
- If you are concerned that you will not arrive on time, please contact the provider and let them know when they can expect you to arrive to avoid the cancellation of the booking. If you are late, we are not responsible for the consequences (e.g. cancellation of the booking or fees that the provider may charge).
- Obvious errors and typos are not binding. For example: if you book a room that by mistake was offered at a price of 1 EUR, we may cancel such booking and refund you any payments you have made.
§7 Fees, invoicing, commissions, cancellation and complaints provisions
- Klaviano.com does not offer free trial periods for its paid services.
- Payment for paid services on Klaviano.com is based on an upfront subscription. Details of the different subscription types and their prices are available via the link. Other forms of payment are only available after individual consultation with the sales department of Klaviano.com.
- The prices of Klaviano.com services are net and include a 30-day billing period.
- Invoices for services paid for on Klaviano.com are sent to the email address provided at the time of registration on the portal within 72 hours after the payment is registered. Invoices are also available for users in the user panel in the "Payment History" tab. In order to issue an invoice, we require the following information: your first and last name (in the case of a Private Account) and your VAT number and VAT name (in the case of a Business Account). You will be asked for these details during the payment process.
- If a paid service based on a subscription is automatically renewed, your credit card will be charged automatically at the end of your current subscription period and your subscription, if you do not cancel it, will be renewed for the same period. Subscriptions do not expire during the subscription period due to failure to use the ordered paid service.
- Cancellation of paid services of Klaviano.com is possible within 14 days from the beginning of using the paid service. The user has the possibility to cancel in this case without giving any reason.
- You may cancel any purchase of a paid service and claim a refund from Klaviano for any reason within 14 days following your first purchase. However, if you have used the paid service before exercising your right of cancellation, you will be responsible for the costs associated with the use of the paid service made available to you until cancellation.
- After the expiry of the 14 day period within which the user has the right to cancel, there is no possibility of reimbursement or withdrawal for partially used monthly subscriptions. In the case of a recurring payment, the cancellation will take place automatically from the new billing period.
- The removal of your user account or advertisement from the Klaviano website does not constitute a cancellation of your subscription.
- Withdrawing from the services of the Klaviano.com website is possible by email to [email protected] or to the specific email address of the account consultant assigned to the user.
- User resignation must include the company name, username and email address with which the profile is associated and the name of the product from which the resignation is made.
- The operator shall recognize the complaint within 14 days from the date of receipt of a correctly submitted complaint. The user will receive information on how the complaint is handled by e-mail.
- Klaviano.com users shall not be obliged to pay commission to Klaviano.com on sales made through inquiries directly to their profiles, with the exception of inquiries that come directly to Klaviano.com, i.e. to Sap Music Professional, the owner of Klaviano.com. If a user decides to use an additional inquiry beyond those directly to their company/profile, Klaviano.com will charge a commission of 5% of the net value of the sold product/service in case of a successful intermediary sale.
- In case an inquiry is addressed directly to the user as well as to the owner of Klaviano.com, Klaviano.com is not in competition with the users and does not claim any commission for sales mediation.
§8 Final provisions
- In the event of changes to these Regulations, the Klaviano.com website shall inform users about this on the website.
- Amendments to the Regulations come to life within a specified period, but not less than 7 days from the day of announcing the changes on the website.
- In all matters not covered in these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code, the Act on the protection of personal data and the Act on the provision of electronic services.
- All disputes between the parties in relation to the agreement shall be settled by a competent common court in the territory of the Republic of Poland.
- The Regulations have been translated into other languages which is only for information for foreign-language users. In the event of a legal dispute, the version binding on the parties is the original Polish version of the regulations.