General Terms and Conditions

Part I. – Introduction

Who are we and who are you?

(Article 1.1)

The Friends of MAATTY Lithography Club is registered in business records under the company name: MAP YOUR LIFE s.r.o., Company ID No.: 06649793, with its registered office at Erbenova 2244, 252 28 Černošice, Czech Republic.
For the purposes of these Terms and Conditions, whenever we refer to “we”, “us” or the “Club”, we mean MAP YOUR LIFE s.r.o., as specified in the preceding paragraph.
Conversely, whenever we refer to “you”, we mean any person with whom we enter into any contractual relationship, i.e. the Customer and/or a Member of the Club and/or a visitor to our website.
A Customer means any person who enters into a contract with us, whether the contract is concluded through any of the order forms on our website or in another manner.
A Member of the Club means a person who, under these Terms and Conditions, becomes entitled to receive one original lithograph for the duration of their membership and who is entitled to use other services and benefits according to the Club’s current offer. A Member of the Club may be the same person as the Customer.
A visitor to our website means anyone who visits our website at: https://maatty.art/club/, any of its subpages, or otherwise views any of its content.

How can you communicate with us?

(Article 1.2)

We send our regular deliveries to Members of the Club according to the agreed schedule of lithograph creation via courier service, but you may also contact us by regular email at: martin@mhosek.cz.
You may also visit our website and communicate with us through the order or contact forms available there.
We consider both of the above methods to be equivalent to traditional written communication.

What are these Terms and Conditions about?

(Article 1.3)

These General Terms and Conditions govern all contractual and other relationships between us and you, whether arising from the conclusion of a contract through forms on our website or in another manner, or simply from visiting our website, including any relationships resulting from or related to such visit.
The Customer is obliged to become familiar with these Terms and Conditions before submitting an order for membership through the order form; the fulfilment of this obligation is expressly confirmed in the order form.
If the Customer enters into a contract with us in written paper form, these Terms and Conditions form an integral part of such contract. If the rights and obligations agreed in the written contract differ from these Terms and Conditions in any respect, the wording of the contract shall prevail over these Terms and Conditions.
A Member of the Club is obliged to become familiar with these Terms and Conditions on our website without undue delay after receiving the first delivery. If the Member does not agree with them, the Member is entitled to withdraw from the contract within 14 calendar days from the date of receiving the first delivery. If the Member of the Club does not withdraw from the contract within this period, they shall be deemed to have agreed to these Terms and Conditions. The Member of the Club is informed of these rights upon receiving the delivery.

Part II. – Club Membership and Conclusion of the Contract

What Club membership is and how it is created

(Article 2.1)

Membership in the Club represents a contractual relationship between the Customer, the Member of the Club and us. It includes the Customer’s obligation to pay the membership fee and, at the same time, the Member’s entitlement to receive 4 original lithographic prints for the duration of the membership under the conditions set out below, as well as to use other services and benefits according to the Club’s current offer.
Any natural or legal person may become a Member of the Club. No person may become a Member of the Club if they would resell the lithographs without our knowledge or otherwise use them for profit-making purposes.
Membership in the Club may primarily be ordered through the form published on our website, or on the basis of a contract concluded in written paper form or by email.
The Customer may order membership for themselves (see Article 2.3 of these Terms and Conditions) or for a third person (see Article 2.4 of these Terms and Conditions). Only the person for whom the membership is ordered by the Customer becomes a Member of the Club.

Conclusion of the contract and its subject matter

(Article 2.2)

The publication of the order form on the Club’s website constitutes a public offer by the Club to enter into a contract under these Terms and Conditions. We will enter into a contract with anyone who may become a Member of the Club, or who orders membership for a person who may become a Member of the Club, and who has submitted an order to us through the order form or by another method and paid the membership fee.
The contract becomes effective at the moment when the membership fee payment in the relevant amount, according to the conditions set out below, is credited to our bank account.
The contract we enter into with you is a mixed contract. To the extent that it consists of the transfer of ownership title to individual graphic sheets, it consists of a purchase contract; in the remaining scope, it is an innominate contract. If membership in the Club is ordered as a gift, it is a contract for performance in favour of a third person.
The subject matter of the contract is the arrangement of Club membership, connected with the Customer’s obligation to pay the membership fee for the duration of the Club membership and our obligation to send the Member of the Club, in whose favour the performance has been agreed, four original graphic prints per year for the duration of their Club membership under the conditions set out below, and to provide them with other services and benefits according to the Club’s current offer. The contract therefore consists of repeated performance on our part. After payment of the membership fee by the Customer, our performance is not subject to any further condition.
The contract is concluded for a fixed term and binds both parties for the duration of the Member’s membership in the Club
(see Article 2.3 paragraph 3 of these Terms and Conditions).

Ordering membership for yourself

(Article 2.3)

You may order membership for yourself primarily through the order form on the website https://maatty.art/club/ or by email at martin@mhosek.cz.
The duration of membership is set at 1 calendar year and is conditional upon the delivery of 4 original lithographic sheets.

The membership start date means the calendar month in which we send you, as a Member of the Club, the first graphic sheet. The information stated in the order is decisive for determining the membership start date. If you pay the membership fee in the calendar month following the placing of the order, this has no effect on the membership start date.
The amount of the membership fee is the same for every Member. The membership fee is paid in advance and in one payment for the entire ordered membership period.
The membership fee is paid by bank transfer to our bank account, which will be stated on the invoice sent to you after the order for membership has been placed. The membership fee must be credited to our bank account no later than seven calendar days after the order is placed; otherwise, the order expires.

Ordering membership as a gift

(Article 2.4)

You may also order membership as a gift, i.e. for the benefit of a third person. In such a case, only this third person becomes a Member of the Club. The Member of the Club for whom you order the membership as a gift will not be informed of the amount of the membership fee, but only of the duration of their membership and, according to your choice, either that you ordered the membership for them or who is the patron of their membership (see Article 2.4 paragraph 6 of these Terms and Conditions).
The provisions of Article 2.3 of these Terms and Conditions apply accordingly to ordering membership as a gift.
The gifted Member of the Club may refuse their membership, in which case the procedure set out in Article 2.6 paragraph 2 of these Terms and Conditions shall apply.
If the Member of the Club does not refuse the gifted membership, they acquire a direct right to request performance under the contract. At the same time, they are deemed to agree with the performance under the concluded contract and with all their rights and obligations under the contract concluded in their favour and under these Terms and Conditions.

Extension of membership

(Article 2.5)

Membership in the Club may be extended. We inform the Member of the Club of the extension conditions in writing before their membership expires. Both one’s own membership and the membership of a third person may be extended. One’s own membership may also be extended even if it was originally ordered as a gift.
Membership may be extended through a special form on our website, whether accessible from the Member’s user section or placed on a temporary URL address created by us.
Membership is extended with effect no earlier than the date on which the membership fee for the extended membership period is credited to our bank account.

Termination of membership otherwise than by withdrawal from the contract

(Article 2.6)

Membership in the Club terminates upon expiry of its duration.
If the Member of the Club received membership as a gift from the Customer, the Member of the Club is entitled to refuse their membership no later than 14 days from the date on which they received the first delivery containing an original graphic print. In such a case, the contract terminates and we will refund the Customer the membership fee paid in full.
In the event of the Member’s death, all rights arising from their Club membership pass to their heirs. If the heir/heirs of the Member of the Club or another authorised person informs us that the heir/heirs of the Member of the Club do not wish to continue the membership, their membership terminates on the last day of the calendar month in which such notice is delivered to the Club. In such a case, the Club shall refund the Customer a proportionate part of the membership fee according to the remaining number of months of the membership duration.

Withdrawal from the contract without giving reasons by a consumer

(Article 2.7)

A Member of the Club or the Customer, if the Customer is a consumer, may withdraw from the contract without giving any reason within 14 days from the date on which the Member of the Club received the first delivery containing an original graphic sheet. This period is observed if the notice of withdrawal from the contract is sent to us before the expiry of this period.
You must inform us of your withdrawal from this contract either by regular letter or by email sent to our address: martin@mhosek.cz. For such notice, you may use the model withdrawal form attached to these Terms and Conditions, but this is not mandatory.
If you withdraw from the contract, we will refund to the Customer all payments we have received from them under the cancelled contract without undue delay, and no later than 14 days from the delivery of your notice of withdrawal from the contract. The refund will be made to the Customer’s bank account, unless the Customer expressly specifies otherwise. In no case will you incur any additional costs as a result.

Withdrawal from the contract due to breach of contract

(Article 2.8)

Except for the reasons stated in Article 2.7 of these Terms and Conditions, withdrawal from the contract is possible only in cases agreed in the contract and in these Terms and Conditions, or in cases provided by law.
Withdrawal from the contract must be made without undue delay after the reason for withdrawal has arisen or after the withdrawing party has become aware of it.
Withdrawal may be made only in writing, either by regular letter or by email addressed to the other contracting party. The withdrawal from the contract must state the reason, including a reference to the specific provision of law, the contract or these Terms and Conditions that has been breached. Withdrawal from the contract becomes effective upon delivery to the other contracting party.
In the event of withdrawal from the contract, our obligation to send lithographs to the Member of the Club terminates and we are obliged to refund to the Customer a proportionate part of the membership fee paid for the remaining number of months of the membership duration. The refund will be made to the Customer’s bank account, unless the Customer expressly specifies otherwise.
The parties shall not return to each other the part of the membership fee corresponding to the number of months during which the Club membership lasted, nor the graphic sheets delivered during the duration of the Club membership.

Part III. – Ordered Goods

Lithographic sheets

(Article 3.1)

The lithographic sheets you receive from us are created by Matěj.
Members of the Club do not directly participate in creating the designs.
At the given time, all Members of the Club will receive a new original and signed graphic sheet from us.
The graphic and colour treatment of the lithographs differs from month to month. This variation in appearance in individual calendar months, as well as the element of surprise regarding the appearance of each new lithograph in the following calendar month, forms part of the contract.

How the lithographs will reach you

(Article 3.2)

Lithographs cannot be collected in person; we send them only by courier service.
If you order Club membership as a gift for the benefit of a third person, you may choose whether the first lithograph is sent directly to the gifted Member of the Club or delivered to you so that you may hand it over personally. In all other cases, we send each lithograph to the address of the Member of the Club stated by the Customer in the order, in secure packaging.
We send deliveries within the Czech Republic, to countries of the European Union and to other foreign countries.
The membership fee includes packaging and postage within the Czech Republic. For postage abroad, we are entitled to request an additional payment to the standard membership fee.

Part IV. – Liability and Complaints

Liability for defects and warranty

(Article 4.1)

If the performance of our contractual obligations is not in accordance with the concluded contract and these Terms and Conditions, the Member of the Club has the right to have us bring our performance into a condition corresponding to the concluded contract, free of charge and without undue delay, according to the Member’s request either by delivering a new sheet of the specific lithograph, by providing a reasonable discount from the membership fee, or by extending the duration of the membership by one cycle. In the event of a material breach of contract, the Member of the Club also has the right to withdraw from the contract.

Complaints Procedure

(Article 4.2)

The Member of the Club is obliged to inspect the lithographic sheet without undue delay after receiving it. If a defect is discovered, the Member of the Club is obliged to make a complaint without undue delay. Any delay in making a complaint may constitute grounds for rejecting the complaint.
Complaints are made remotely, by email addressed to us at martin@mhosek.cz or by telephone at +420 776 286 007.
If the Member of the Club exercises a right arising from defective performance, we will confirm receipt of the complaint by email without undue delay. We undertake to handle the complaint without undue delay, but no later than within 30 calendar days from the date on which the complaint was made. After the complaint has been handled, we will send the Member of the Club an email confirmation of the method of resolving the complaint and the duration of the complaint procedure.
If the Member of the Club requests that the complaint be resolved by a discount from the membership fee and we acknowledge the complaint as justified, we will provide a discount from the membership fee for each defective lithograph in an amount corresponding to the proportion of the membership fee paid and the number of calendar months of the membership duration. The discount may be used when extending the membership under the conditions set out above, or it may be paid out in money. If the Member of the Club requests payment of the discount in money, we will transfer the relevant amount to the Customer’s bank account.
If the Member of the Club requests that the complaint be resolved by extending the Club membership and we acknowledge the complaint as justified, we will extend the Member’s membership by one calendar month for each defective lithograph.
The Member of the Club is entitled to withdraw from the contract if:
a) the complaint has not been resolved within 30 calendar days from the date on which it was made and no other agreement has been reached regarding the complaint resolution period; or
b) the defect is irremovable and prevents the lithograph from being properly used as a defect-free work, and the Member of the Club has not exercised the right to receive a new work, a discount from the membership fee or an extension of Club membership.
If the Member of the Club withdraws from the contract, the contract terminates. Withdrawal from the contract is possible only in respect of defective performance and also in respect of performance that has not yet been provided. In the event of withdrawal from the contract, we will refund to the Customer a part of the membership fee corresponding to the proportion of the membership fee paid and the number of calendar months of the membership duration, namely for the calendar month in which the defective performance was provided and for all remaining calendar months of the membership.
If we assess the complaint as unjustified, a new complaint procedure concerning the same defect cannot be conducted. In such a case, we are entitled to reject a repeated complaint concerning the same defect.

Part V. – Protection and Processing of Personal Data

Personal data means any information relating to you if you can be directly or indirectly identified on its basis, in particular on the basis of a number, code or one or more elements specific to your physical, physiological, mental, economic, cultural or social identity. The mere fact of Club membership is not your personal data. However, in most cases, your correspondence address, email address, telephone number or bank account number will constitute personal data.
When handling your personal data, we comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, known as the General Data Protection Regulation or “GDPR”, which is directly binding on us. In the Czech Republic, the GDPR is further implemented by Act No. 110/2019 Coll., on the Processing of Personal Data, which we must also comply with when processing your personal data.
The Club processes your personal data exclusively for the purposes of fulfilling rights and obligations under the concluded contract and these Terms and Conditions (Article 6(1)(b) GDPR), or for the purpose of fulfilling the Club’s legal obligations towards administrative authorities, in particular under tax regulations (Article 6(1)(c) GDPR). We are entitled to process your personal data for any other purpose only with your consent, which you may voluntarily provide when placing an order and which defines the purposes of the consented processing (Article 6(1)(a) GDPR).
In accordance with the GDPR, we may also process your personal data for so-called direct marketing, for example for the purpose of sending discounts on products you have purchased from us in the past or delivering other similar advertising communications (the Club’s legitimate interest under Article 6(1)(f) GDPR). If you do not wish to receive advertising communications, you may unsubscribe from them at any time in written form or by email sent to: martin@mhosek.cz.
Under the GDPR, a controller is the person who carries out operations involving personal data and adopts appropriate technical and organisational measures to ensure that personal data processing complies with the GDPR. A processor is a separate third person whom the controller may contractually authorise to process personal data and who provides guarantees of sufficient organisational and technical measures for the protection of personal data.
When processing your personal data, the Club acts as the controller and, if necessary, contractually authorises third persons to process your personal data, typically web developers, accounting companies or cloud solution providers, who must be able to process your personal data as part of their cooperation with the Club and who also provide guarantees of sufficient organisational and technical measures.
We do not disclose the list of Club Members to any third person. However, in the case of ordering membership as a gift, we are entitled to inform the Customer whether the person whose personal data the Customer has provided to us is currently a Member of the Club and when their membership ends.
By submitting the order, the Customer acknowledges the processing of their personal data in accordance with the GDPR and the Act on the Processing of Personal Data, Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation, in our automatically maintained database, by us as the controller or by a processor authorised by us, for the purposes of fulfilling rights and obligations under the concluded contract and these Terms and Conditions, for mutual communication, including communication by electronic means concerning the contractual relationship, as well as for the purposes of fulfilling our legal obligations and for direct marketing purposes.
If the Customer selected such an option when placing the order, they consent to the processing of personal data for our business and marketing purposes and for the purpose of sending information and commercial communications to the Customer. The Customer grants this informed consent to the processing of personal data voluntarily, freely and seriously for an indefinite period, and may withdraw it at any time free of charge, either in written form or by email sent to: martin@mhosek.cz. The Customer’s personal data will not be made available to any entities other than those specified above.
If the Customer orders membership for a third person as a gift under the conditions set out above, the personal data of the gifted Member of the Club is necessary for the performance of the contract; within the meaning of Article 6(1)(b) GDPR and Section 5(2)(b) of the Personal Data Protection Act, the Club is therefore entitled to process such data even without the consent of the gifted Member of the Club. By submitting the order, the Customer declares that they obtained the personal data of the Member of the Club in accordance with the law and are entitled to provide it to us; at the same time, the Customer acknowledges the processing of their own personal data and the personal data of the Member of the Club in accordance with the GDPR and the Act on the Processing of Personal Data, Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation, in our automatically maintained database, by us as the controller or by a processor authorised by us, for the purposes of mutual communication, including communication by electronic means concerning the contractual relationship. If the Customer, when placing the order, or the Member of the Club themselves selected such an option, they consent to the processing of the Member’s personal data also for our business and marketing purposes and for the purpose of sending information and commercial communications to the Member of the Club. The Customer grants this informed consent to the processing of personal data on behalf of the Member of the Club voluntarily, freely and seriously for an indefinite period, and it may be withdrawn at any time free of charge either by the Customer or by the Member of the Club themselves, either in written form or by email sent to: martin@mhosek.cz. The personal data of the Member of the Club will not be made available to any entities other than those specified above.

Obligations of the Club as Controller

We do not disclose the list of Club Members to any third person. However, in the case of ordering membership as a gift, we are entitled to inform the Customer whether the person whose personal data the Customer has provided to us is currently a Member of the Club and when their membership ends.
Personal data will not be provided to third persons from countries outside the EU and the EEA. Your personal data may be processed automatically, for example by computer software, or manually, for example by an employee of the Club. However, no automated decision-making or profiling takes place on the basis of the processed personal data. Personal data, except data processed on the basis of your consent, will be processed by the Club for the duration of the contractual relationship with you or for the period necessary to fulfil the Club’s archiving and other legal obligations and to protect the Club’s legitimate interests under applicable legal regulations.
We do not process any of your personal data that would fall within the category of special categories of personal data under Article 9 GDPR. The Club adopts all technical and organisational measures to secure the protection of your personal data in the manner specified by the GDPR or the Act on the Processing of Personal Data, in order to prevent unauthorised or accidental access to personal data, alteration, destruction or loss of personal data, unauthorised transfers, other unauthorised processing, or any other misuse of personal data.

Obligations of the authorised processor

In accordance with the GDPR, the Club is entitled, on the basis of a written contract, to authorise third persons to process your personal data, within the scope and under the conditions set out in the contract and while ensuring an adequate level of protection of your personal data.
The processor is obliged to process your personal data on the basis of documented instructions from the Club and in accordance with the obligations laid down in Article 28 et seq. of the GDPR and, after the authorisation ends, to hand over all your personal data with which the processor handled to the Club or to a newly authorised processor by protocol. The processor is also obliged to assist the Customer in fulfilling their obligation to respond to requests concerning the exercise of your rights related to the protection of personal data, as well as in fulfilling other obligations within the meaning of the GDPR, in particular providing information, instructions and remedying any identified defective condition.
The processor is not entitled to process personal data through another processor, transfer or make the processed personal data available to third parties — this does not apply in the case of fulfilling legal obligations or in cases where it is necessary to protect the legitimate interests of the Contractor — make any changes leading to a reduction in the security level of protection of the processed personal data, fail to properly document changes approved by the Club, or transfer personal data to a third country or international organisation.

Joint obligations of the Club and the processor

When processing your personal data, both the Club and the processor are obliged to:
– observe the principles of proper data processing and monitor compliance with them,
– observe all necessary technical and organisational measures under Article 32 GDPR so that your personal data is adequately secured and protected against unauthorised use and so that its processing takes place fully in accordance with the GDPR, in particular:
• install security doors at the entrance to their registered office if your personal data is stored in printed form or on another physical unsecured medium,
• secure electronic devices containing your personal data or enabling access to it with an access password,
• secure electronic devices containing your personal data or enabling access to it with a firewall and antivirus software,
– introduce security controls to prevent, detect and address threats to personal data protection and incidents,
– instruct and ensure confidentiality of persons who directly or indirectly participate in personal data processing, for example employees of the Club or the processor, with regard to personal data, its processing and security measures within the processing of personal data,
– ensure that systems for automated processing of personal data are used only by authorised persons within the scope corresponding to the authorisation of such persons,
– keep and continuously update records of the processing of your personal data, if required under the GDPR,
– properly and timely report any personal data breaches to the Office for Personal Data Protection and cooperate with the Office for Personal Data Protection to the necessary extent,
– maintain confidentiality regarding your personal data and security measures whose disclosure could compromise the security of personal data,
– proceed in accordance with other GDPR requirements, in particular observe the principles of personal data processing, fulfil the information obligation and respect your rights.

We guarantee you all rights guaranteed by the GDPR and the Act on the Processing of Personal Data, in particular:
– the right of access to personal data,
– the right to rectification or erasure of personal data,
– the right to restriction of processing,
– the right to data portability,
– the right to object to the processing of personal data.

If you discover or believe that we are processing your personal data in a manner contrary to the protection of your private and personal life, contrary to the GDPR or the Act on the Processing of Personal Data, you have the right to request an explanation from us and to require us to remedy the resulting situation. If this request is found to be justified, we undertake to remedy the defective situation without delay. If we do not comply with this request, you have the right to contact the Office for Personal Data Protection. You may also contact this Office directly with your complaint.
All your rights may be exercised with the Club by sending a message to the email address martin@mhosek.cz or by sending a registered letter to the Club’s address: MAP YOUR LIFE s.r.o., Erbenova 2244, Černošice, 252 28, Czech Republic.

Part VI. – Cookies

Cookies are small text files that are stored in the memory of your computer, smartphone or other device enabling internet access when you visit our website. Cookies help the website identify you and/or your visit to our website on your next visit and adjust the content and other features of our website accordingly.
The information stored by cookies mainly concerns the number of visits to our website and other websites visited, advertisements you clicked on, the type of browser used and information you entered on the website, so that you do not have to enter it again on your next visit. In some cases, this information is linked to your IP address.
If you decide to allow cookies to be stored on your device, you may later change this decision at any time by changing the settings of the browser you use.

Part VII. – Final Provisions

The contract concluded between us and you, these Terms and Conditions, as well as any rights and obligations not regulated by them, are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
These Terms and Conditions have been prepared in the Czech language. If a translation into another language has been made, then in the event of a dispute regarding the interpretation of individual terms, rights and obligations, the Czech version of the Terms and Conditions shall prevail.
We prefer to resolve all disputes arising from the concluded contract amicably.
A Member of the Club or the Customer, if the Customer is a consumer, may also contact a public-law body for out-of-court dispute resolution in order to resolve an arisen dispute, such as the Czech Trade Inspection Authority, most easily online at: http://www.coi.cz/.
These Terms and Conditions, including their components, are valid and effective from 25 April 2022 and replace all previous versions of the Terms and Conditions, including their components. The full wording of these Terms and Conditions is available both at the Club’s registered office and published on our website at: https://maatty.art/club/terms-and-conditions/.