GENERAL TERMS AND CONDITIONS
1. Introductory Provisions
1.1 These General Terms and Conditions (hereinafter referred to as "Terms") regulate the rights and obligations between the operator (hereinafter referred to as "Provider") and users (hereinafter referred to as "Customer") in connection with the provision of services. By accessing or using this website and ordering services, you agree to be bound by these Terms and all applicable laws and regulations.
1.2 The Provider is K&J Media s.r.o., with its registered office at Rybná 716/24, Staré Město, 110 00 Prague, ID: 14086751, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 366470.
1.3 The Customer is a natural or legal person ordering services from the Provider. You must be at least 18 years of age or have legal capacity to enter into a contract to use this service.
1.4 If you do not agree to these Terms, you should not use this website or order services.
2. Service Orders
2.1 The Customer places a service order electronically through the Provider's website or another agreed method.
2.2 An order is considered binding after entering the name, a detailed description of the person for whom the service is to be created, and confirmation by the Provider.
2.3 The Provider reserves the right to refuse an order in case of service unavailability or other legitimate reasons.
2.4 The Customer is responsible for providing accurate, complete, and current information during the order process. The Provider is not liable for issues arising from incorrect or incomplete information provided by the Customer.
3. Price and Payment Terms
3.1 The price for services is listed on the Provider's website and is subject to change at any time without prior notice.
3.2 Payment for services is made in advance via the GoPay or Stripe payment gateway. Accepted payment methods are those displayed at checkout.
3.3 Upon receipt of payment, the Provider begins processing the order.
3.4 All prices are in US dollars unless otherwise stated. The Customer is responsible for any applicable taxes or fees.
4. Service Provision
4.1 The Provider undertakes to create a personalized birthday song based on the provided details and deliver it to the email address specified by the Customer.
4.2 The service delivery time is within 24 hours of order confirmation. Express delivery within 1 hour is available for an additional fee.
4.3 In case of high order volume or unforeseen circumstances, there may be delays in song delivery. In such cases, the Customer will be informed via email about the expected delivery date.
4.4 The Customer is responsible for providing accurate details and ensuring the functionality of the specified email address.
4.5 The Provider reserves the right to make minor adjustments to the song text based on the Customer's input.
4.6 All services are provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied.
5. Withdrawal from Contract / Refund Policy
5.1 Due to the nature of the service (custom creation), the Customer has no right to withdraw from the contract or request a refund once song creation has begun.
5.2 Before starting creation, the Customer may cancel their order by sending written notice to the Provider. If creation has not begun, a full refund will be issued.
5.3 Exceptions to this policy may be made at the sole discretion of the Provider in cases of non-delivery or technical error.
6. Complaints
6.1 A complaint regarding the service is only possible if the song was not delivered to the specified email or contains obvious technical errors.
6.2 Complaints must be submitted within 7 days of song delivery. The Provider undertakes to resolve complaints within 14 days.
6.3 Complaints cannot be accepted if the song content was created according to Customer specifications and meets their requirements.
6.4 To submit a complaint, contact the Provider at support@becrushly.com.
7. Limitation of Liability
7.1 The Provider is not liable for damages caused by incorrect data entry by the Customer.
7.2 The Provider is not liable for technical issues on the Customer's side that may affect song delivery or playback.
7.3 The Provider is not liable for delays or non-performance caused by force majeure (e.g., internet outages, natural disasters).
7.4 To the maximum extent permitted by law, the Provider's total liability for any claim arising out of or relating to these Terms or the service shall not exceed the amount paid by the Customer for the service in question.
7.5 The Provider is not responsible for the content, privacy policies, or practices of any third-party websites or services linked to from the website.
8. Intellectual Property
8.1 All content and materials provided by the Provider, including but not limited to songs, text, graphics, logos, and software, are the intellectual property of the Provider or its licensors and are protected by copyright and other intellectual property laws.
8.2 The Customer is granted a non-exclusive, non-transferable, revocable license to use the delivered song for personal, non-commercial purposes only. Any commercial use, reproduction, distribution, or public performance without the Provider's express written consent is prohibited.
9. Prohibited Use
9.1 The Customer agrees not to use the website or services for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to: attempting to gain unauthorized access to the website, interfering with the operation of the website, or using the service to infringe the rights of others.
10. Right to Amend Terms
10.1 The Provider reserves the right to change these Terms at any time. Changes will take effect upon publication on the Provider's website. Material changes may be communicated to Customers via email.
10.2 The Customer is obliged to review current Terms before placing each new order. Continued use of the website or services after changes constitutes acceptance of the updated Terms.
11. Termination
11.1 The Provider may terminate or suspend access to the service immediately, without prior notice or liability, for any reason, including if the Customer breaches these Terms.
12. Governing Law and Dispute Resolution
12.1 These Terms and all legal relationships between the Provider and Customer shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
12.2 Any disputes arising out of or relating to these Terms or the use of the services shall be resolved exclusively in the state or federal courts located in Delaware, United States. By using this website, you consent to the jurisdiction and venue of such courts.
12.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Personal Data Protection
13.1 The Provider processes personal data of Customers in accordance with applicable legislation and the privacy policy principles.
13.2 Detailed information on personal data processing can be found in the Privacy Policy document.
14. Contact Information
14.1 For any questions, complaints, or claims regarding these Terms or the service, please contact us at: support@becrushly.com.
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