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I. Introductory section

1. Platform operator

1.1 The operator of the online platform Recordio (hereinafter “Recordio” or the “platform”) is:

Pavel Halabica

• Self-employed natural person under the Trade Licensing Act
• Registered office: Západní 473/8, 783 36 Křelov-Břuchotín
• IČO: 76608549
• Competent trade licensing authority: Magistrát města Olomouce
• Registered in the Trade Register: since 23 February 2010
• Not a VAT payer

(hereinafter the “operator”)

1.2 The operator may be contacted through the following contact addresses:

• General enquiries and support: support@recordio.cz
• Legal matters, service of legal documents: legal@recordio.cz
• Reporting illegal content and platform misuse: abuse@recordio.cz
• Product safety (GPSR): legal@recordio.cz (subject: “GPSR — product safety”)
• Personal data protection: privacy@recordio.cz

1.3 The platform is available in particular on the domains recordio.cz, recordio.eu and, where applicable, on other national domains operated by the operator. The language and currency settings of the platform may differ depending on the domain, the user’s settings, the user’s country or the specific Offer.

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2. Introductory provisions and subject matter of the service

2.1 Subject matter of the service

2.1.1 Recordio is an online marketplace focused on the sale and purchase of musical instruments and hardware between private individuals. The platform technically enables users to publish an offer to sell specific goods and enables other users to express interest in purchasing, submit a Price Offer or use the Buy Now function.

2.1.2 Recordio is not a party to the purchase contract concluded between users, is not the Seller of goods offered through the platform, is not a provider of payment services within the meaning of Act No. 370/2017 Coll., on Payment Systems, does not arrange shipping of goods and does not transfer the purchase price between Buyer and Seller.

2.1.3 Recordio provides the service of technical access to the platform and related functions, in particular search, publication of Offers, communication interface, Transaction records and ratings. The operator is not liable for the factual condition of goods, performance of the purchase contract between users or their mutual payments.

2.2 To whom the Terms apply

2.2.1 These Terms of Service (hereinafter the “Terms”) apply to everyone who uses the Recordio platform — registered users and unregistered visitors alike, to the extent to which they use the platform.

2.2.2 In the version effective from 1 June 2026, Recordio is intended exclusively for private non-business individuals (C2C — Consumer to Consumer model). Details are set out in Chapter 4.

2.3 Consent to the Terms

2.3.1 The user expresses consent to these Terms:

• a) when registering a user account;
• b) when listing an Offer or submitting an offer without registration (guest);
• c) by continuing to use the platform after notification of a change to the Terms under the conditions set out in Chapter 31.

2.3.2 Without consent to these Terms, the Recordio platform cannot be used actively (listing Offers, submitting Offers, concluding purchase contracts).

2.4 Integral parts of the Terms

The following documents, available on the platform, form an integral part of these Terms:

• Privacy Policy
• Cookie Policy
• Prohibited Items Rules
• Price List
• Complaints Procedure for Recordio Services

In the event of any conflict between these Terms and a separate document, the separate document shall prevail for the specific area if it is expressly intended to regulate that area; in particular the Price List shall prevail for the amount of fees, the Privacy Policy for personal data processing and the Cookie Policy for cookies. This does not affect the validity of the remaining provisions of these Terms.

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3. Definitions

For the purposes of these Terms, the following terms have the meanings set out below:

Recordio / platform / service — the online platform operated by the operator and available on the domains recordio.cz, recordio.eu and other national domains operated by the operator, including all of its functions and related services.

Operator — Pavel Halabica, self-employed natural person identified in Chapter 1.

User — a registered person with an active user account on the platform, or an unregistered visitor to the platform to the extent to which they use the platform.

Account — a user profile created by registration on the platform through which the user accesses platform functions.

Guest — an unregistered user who uses selected platform functions without creating a permanent account, in particular listing an Offer as a guest.

Seller — a user who has published an Offer for the sale of goods through the platform.

Buyer — a user who has expressed interest through the platform in purchasing goods offered in an Offer, submitted a Price Offer or used the Buy Now function.

Offer — a publicly available description of the offered goods published by the Seller through the platform, containing in particular the title, category, condition, price, photographs and shipping conditions. An Offer constitutes an invitation to submit offers within the meaning of Section 1732(2) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code” or “CC”), and not a contractual offer.

Price Offer (Make an Offer) — a binding price proposal by the Buyer addressed to the Seller, by which the Buyer proposes to conclude a purchase contract at the price offered by the Buyer. The validity period of a Price Offer is set out in these Terms (see Chapter 13) or in the platform interface.

Counter-offer — a subsequent price proposal by the other party within ongoing price negotiation.

Buy Now — a method of concluding a purchase contract whereby the Buyer, by a binding click on the relevant button, makes an offer to purchase the goods at the price stated in the Offer, which is automatically accepted by a technical means of the platform in accordance with the Seller’s pre-set conditions.

Purchase contract — a contract for the purchase of goods concluded between Buyer and Seller through the platform functions. The parties to the purchase contract are exclusively Buyer and Seller; the operator is not a party to the purchase contract.

Transaction — a record created upon conclusion of a purchase contract between users, through which the platform monitors the status of performance (creation, dispatch, delivery, completion, any dispute).

Completed Transaction (status “completed”) — a Transaction in respect of which one of the situations described in Article 16.1 of these Terms has occurred (in particular confirmation of receipt by the Buyer or automatic completion after expiry of the specified period).

Proof of Possession (proof of possession of goods, DoP) — an anti-fraud procedure in which the Seller proves by photographic record, according to the operator’s instructions, that the Seller physically has the offered goods available. The procedure serves to prevent fraud in Transactions exceeding the value stated in the platform interface, in the Price List or in the platform help section (see Chapter 27). Proof of Possession does not mean legal verification of the Seller’s ownership right to the goods.

Trust Level — an internal classification of the user by the platform based on completion of verification steps and successful Transaction history, at levels 0 to 3 (see Chapter 5).

Pickup — a shipping method whereby the Buyer collects the goods personally from the Seller at an agreed place.

Standard shipping — a shipping method whereby the Seller hands the goods over to a carrier for delivery to the Buyer.

Chat — the platform communication interface enabling mutual communication between users related to a specific Transaction.

Working day — a day from Monday to Friday, excluding public holidays recognised in the Czech Republic.

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II. User accounts

4. Registration and creation of an account

4.1 Creation of an account

4.1.1 To make full use of the platform, the user may create a user account. To list an Offer or submit an offer without registration, it is possible to use guest mode to the extent made available by the operator in the platform interface.

4.1.2 An account is created by completing the registration process and verifying the user’s e-mail address.

4.1.3 Registration takes place:

• a) by e-mail and password;
• b) by logging in through a third-party account (Google, Facebook and others that the operator will make available progressively).

4.2 Registration conditions

4.2.1 A user account may be created only by a person who:

• a) has reached the age of 18 years;
• b) has full legal capacity;
• c) agrees to these Terms and acknowledges the Privacy Policy.

4.2.2 The user confirms satisfaction of the age and legal capacity requirements during registration. A knowingly false declaration gives rise to the user’s liability for damage caused to the operator or third parties and constitutes grounds for immediate account termination.

4.3 Data provided during registration

4.3.1 During registration, the user provides in particular:

• Mandatory data: e-mail address, first name and surname;
• Optional data: telephone number, profile photograph, profile description, delivery address, city.

4.3.2 The user is obliged to provide true and up-to-date data and to keep such data up to date throughout the duration of the account.

4.3.3 For the purposes of fulfilling statutory reporting obligations of the platform operator, the user may be asked to provide additional data; details are set out in Chapter 21.

4.4 Newsletter

4.4.1 During registration, the user may voluntarily give consent to receiving the operator’s newsletter and other marketing communications by ticking a separate checkbox; this checkbox is unticked by default.

4.4.2 Consent to the newsletter may be withdrawn at any time (see Chapter 30).

4.5 One user, one account

4.5.1 Each user is entitled to have only one active user account.

4.5.2 The prohibition applies in particular to creating additional accounts for the purpose of:

• a) circumventing suspension or termination of the original account;
• b) circumventing limits, sanctions or moderation measures;
• c) obtaining repeated benefits intended only for new users.

4.5.3 The operator is entitled to terminate duplicate accounts and to take activities recorded from them into account during moderation.

4.6 Responsibility for the account

4.6.1 The user is obliged to:

• a) not allow another person to use their account (sharing login credentials, transferring the account);
• b) protect access credentials (password, one-time verification codes, access to OAuth providers);
• c) inform the operator without undue delay if misuse of the account or unauthorised login is suspected.

4.6.2 The user is responsible for all activity carried out on their account, unless they prove that the activity was carried out without their knowledge as a result of a serious security breach that they could not influence.

4.7 Designation of the platform for private individuals (anti-business test)

4.7.1 In its current version, Recordio is intended exclusively for occasional sales of used goods by private non-business individuals (C2C model). Listing Offers by persons acting in the course of business, repeated sales of new goods or systematic or organised sales for profit are not permitted.

4.7.2 The mere fact that a private individual sells used goods at a higher price than that for which they acquired them does not constitute business activity.

4.7.3 The operator considers the following in particular to be indicators of business activity or use of the platform outside its designation:

• repeated sales of new goods;
• sale of larger quantities of identical or similar items;
• systematic or organised resale for profit;
• sale of goods as part of business or commercial activity;
• sale of goods that the Seller does not physically possess (dropshipping);
• other conduct corresponding to business activity under Section 420 of the Civil Code.

4.7.4 If the manner of use of the account indicates a breach of Article 4.7.1, the operator shall proceed as follows:

• a) upon first detection, it shall send the user a request to provide additional data and an explanation and inform the user that the current version of the platform does not allow business mode;
• b) in the event of repeated breach or failure to cooperate, it shall suspend the account and remove the relevant Offers.

4.7.5 Refunds of fees already paid for Offers shall be decided by the operator at its discretion; as a rule, fees already paid are not refunded.

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5. Verification and Trust Levels

5.1 Purpose of verification

5.1.1 The operator introduces a system of Trust Levels as a fraud prevention measure and as a mechanism by which users can recognise the level of verification of the other party.

5.1.2 A Trust Level does not constitute a guarantee by the operator for the user’s conduct and does not relieve the user of responsibility for their own conduct.

5.2 Verification levels

5.2.1 The operator distinguishes the following user verification levels:

• Level 0: user with verified e-mail address;
• Level 1: + telephone number verified by SMS;
• Level 2: + successful history of at least three completed Transactions on the platform;
• Level 3: + extended identity verification through an external verification service (to be made available progressively).

5.3 Verification procedure

5.3.1 The user moves to a higher level automatically after meeting the relevant conditions (for example successful Transactions) or actively through the platform interface (for example telephone verification).

5.3.2 In justified cases (in particular in the event of suspected fraud, a dispute or inactivity), the operator may reduce the Trust Level or temporarily limit its effects (for example reintroducing a Proof of Possession requirement).

5.4 Consequences for proof of possession of goods

5.4.1 Users with a Trust Level of 2 or higher are generally not subject to mandatory Proof of Possession (proof of possession of goods) for Transactions exceeding the threshold value under Chapter 27.

5.5 Supplementing data and cooperation

5.5.1 During verification and investigation of disputes, the user is obliged to provide the operator with reasonable cooperation and true data. Failure to provide cooperation may lead to a reduction in Trust Level, account suspension or other measures under these Terms.

5.6 Protection against misuse

5.6.1 When calculating Trust Level, the operator may disregard:

• a) Transactions between connected accounts (in particular accounts with the same IP address, device or payment data);
• b) suspicious Transactions or Transactions with an unusual course;
• c) Transactions in respect of which reasonable suspicion arises that they were carried out for the purpose of artificially increasing Trust Level.

5.6.2 The operator is entitled to recalculate Trust Level retroactively if misuse under Article 5.6.1 is detected.

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6. Account termination

6.1 Account termination by the user

6.1.1 The user may request termination of their account at any time through account settings or by e-mail to privacy@recordio.cz.

6.1.2 The operator will process the account termination request no later than within 30 days of receipt.

6.1.3 Before the account is terminated, the user is obliged to:

• a) complete or duly terminate all ongoing Transactions;
• b) pay all due receivables owed to the operator (in particular fees under Chapter 20).

6.1.4 If the user requests account termination while unresolved Transactions or unpaid receivables exist, the operator may postpone termination until they are resolved or suspend the account instead of terminating it.

6.2 Account termination by the operator

6.2.1 The operator may suspend or terminate a user’s account, in particular in the following cases:

• a) serious or repeated breach of these Terms;
• b) suspicion of fraudulent conduct, counterfeits, sale of stolen goods or other unlawful conduct;
• c) failure to cooperate during verification, dispute investigation or fulfilment of the operator’s statutory obligations (in particular under Chapter 21);
• d) long-term non-payment of due fees under Article 20.5;
• e) use of the platform contrary to its designation under Article 4.7.

6.2.2 The operator shall inform the user of account suspension or termination by e-mail to the address stated in the account, stating the reason and providing information on the possibility of appeal under Chapter 24.

6.3 Consequences of account termination

6.3.1 After account termination:

• a) the user’s Offers move to “ended” status for record-keeping and data integrity purposes;
• b) Transactions are retained in records for the period required by legal regulations, in particular Act No. 563/1991 Coll., on Accounting (generally 10 years);
• c) reviews written and received by the user remain on the platform, and the identification of the author may be changed to a neutral designation (for example “deleted account”).

6.3.2 The operator shall delete or anonymise the user’s personal data after account termination if it is no longer needed for the purposes for which it was processed. Data necessary for:

• a) compliance with legal obligations (in particular accounting, tax obligations, any reporting obligations under Chapter 21);
• b) protection of legal claims of the operator or third parties;
• c) platform security (prevention of re-registration under a new identity, anti-fraud);
• d) resolution of disputes between users or with the operator,

may be retained for the period laid down by legal regulations or for the period necessary to protect the operator’s legitimate interests. Details are set out in the separate document Privacy Policy.

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III. Offers and goods

7. Listing an Offer

7.1 Who may list an Offer

7.1.1 An Offer may be listed by a registered user or a Guest (unregistered user) to the extent made available by the operator in the platform interface.

7.1.2 By listing an Offer, the user declares and warrants that:

• a) they are entitled to sell the goods (in particular that they are the owner or have selling authority);
• b) the information stated in the Offer is true and complete;
• c) the goods correspond to the designation of the platform under Article 4.7;
• d) they are not acting as a trader or in the course of their commercial activity in connection with the sale through the platform.

7.1.3 The platform may display the Seller’s status as a private individual to the Buyer in the platform interface. The Buyer acknowledges that, in a purchase from a private individual (C2C), the special consumer rights applicable to purchases from a trader, in particular rights under Sections 1810 et seq. of the Civil Code, do not apply to the purchase contract between Buyer and Seller.

7.1.4 The operator helps the Buyer recognise the Seller’s status by publishing the information under Article 7.1.3. If at any time in the future indications arise that the Seller is acting as a trader despite the declaration under Article 7.1.2(d), the operator shall proceed under Article 4.7.4.

7.2 Content of an Offer

7.2.1 An Offer must contain in particular:

• Title and category of the goods;
• Condition of the goods (new / used — description of condition);
• Price and currency;
• At least one photograph of the goods;
• Shipping conditions (Pickup, Standard shipping, or other options);
• Seller identification details to the extent published by the platform.

7.2.2 The recommended scope of information (brand, model, year of manufacture, masked serial number, additional photographs) is stated by the operator in the platform help section.

7.2.3 Serial number and similar identifiers: when listing an Offer, the Seller chooses whether to display the serial number publicly in full or partially masked. The default option is the masked form (only the beginning and end of the number are published, the middle part is hidden). The full serial number may be made available to the Buyer only after conclusion of the purchase contract in the chat or through platform functions.

7.3 Truthfulness of information and hidden defects

7.3.1 The Seller is obliged to state all hidden defects of the goods of which the Seller is aware or should be aware with ordinary care, in particular for equipment with electrical components (see Chapter 26).

7.3.2 The Seller is liable for the truthfulness of the information in the Offer towards both the Buyer and the operator.

7.4 Validity period of an Offer

7.4.1 An Offer is active for a maximum of 3 months from the date of publication. After this period expires, the Offer is automatically deactivated.

7.4.2 The Seller may extend the Offer or list it again at any time through the platform interface.

7.5 Editing and withdrawing an Offer

7.5.1 The Seller may edit or withdraw an Offer under the following conditions:

• a) No active offers and no concluded purchase contract: the Seller may edit or withdraw the Offer at any time.
• b) With active Price Offers: the Seller may not unilaterally withdraw the Offer until they have first resolved (rejected or allowed to expire) all active Price Offers under Chapter 13.
• c) With a concluded purchase contract: the Offer automatically moves to “sold” status and the users are bound by the purchase contract.

7.5.2 If an Offer is removed by the operator under Article 7.6, deactivated for legal or technical reasons, or expires (Article 7.4), active Price Offers shall expire.

7.5.3 An increase in the Offer price during ongoing negotiation does not affect the calculation of the negotiation fee under Article 20.3 (the reference price is locked at the moment the first Price Offer is sent).

7.6 Moderation of Offers

7.6.1 The operator is entitled to:

• a) modify an Offer at a technical level (photo compression, cropping, adding a watermark);
• b) refuse to publish or remove an Offer after publication if it breaches these Terms, the Prohibited Items Rules or legal regulations;
• c) temporarily hide an Offer while investigating a report under Chapter 25.

7.6.2 The operator shall inform the Seller of the removal of an Offer by e-mail, stating the reason (see Chapter 24).

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8. Prohibited Items

8.1 Prohibited content

It is prohibited to offer on the Recordio platform in particular:

• a) Counterfeits and unauthorised copies of protected brands or works;
• b) Stolen goods or goods derived from criminal activity;
• c) Goods infringing copyright or other intellectual property rights of third parties;
• d) Dangerous electrical equipment, equipment with a knowingly concealed safety defect, or equipment whose sale is prohibited by legal regulations;
• e) Goods prohibited for sale by generally binding legal regulations;
• f) Software, plug-in licences, sample packs and digital content — in version 1.0 the platform is intended exclusively for hardware (physical goods);
• g) Goods for which the Seller does not have selling authority;
• h) Goods offered by dropshipping or three-party sale (where the Seller does not physically possess the goods);
• i) New goods intended for business sale (in version 1.0 the platform is intended for C2C, see Article 4.7).

8.2 Used musical electronics

8.2.1 Ordinary private sale of older musical equipment (amplifiers, mixing consoles, valve electronics, effects processors) is not prohibited solely because the Seller does not have a declaration of conformity or technical documentation for the equipment.

8.2.2 However, the Seller is obliged to state in the Offer all safety-relevant defects, modifications or interventions in accordance with Article 26.

8.3 Detailed list

8.3.1 The operator maintains a detailed list of Prohibited Items in the separate document Prohibited Items Rules, which forms an integral part of these Terms (Article 2.4).

8.3.2 If there is any doubt as to whether specific goods may be offered, the user may contact support at support@recordio.cz.

8.4 Consequences of breach

8.4.1 In the event of a breach of Article 8.1, the operator may:

• a) remove the Offer without prior notice;
• b) suspend or terminate the user’s account;
• c) refuse to refund fees already paid for the removed Offer;
• d) in cases of suspected criminal activity, cooperate with law enforcement authorities.

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9. External contacts and circumvention of the platform

9.1 Before conclusion of the purchase contract

9.1.1 In Offers and in communication between users before conclusion of the purchase contract, it is prohibited to state or request contact details (telephone number, e-mail address, identifier in instant messaging applications, links to social networks, websites) for the purpose of circumventing the platform.

9.1.2 It is also prohibited to state or request links to external marketplaces, advertising services, social networks or other services enabling the deal to be completed outside Recordio for the purpose of redirecting the deal outside the platform.

9.1.3 The operator is entitled to automatically detect the occurrence of contact details and external links in Offers and messages and to flag or hide such content for moderation.

9.2 After conclusion of the purchase contract

9.2.1 After conclusion of the purchase contract between Buyer and Seller, the platform shall automatically make available to both parties:

• a) the full name of the other party;
• b) the city and country of residence;
• c) verified telephone number, if the other party has verified the telephone number on their account.

9.2.2 The e-mail address of the other party is not made available; communication continues primarily through the platform chat.

9.2.3 Sharing additional contact details between the parties for the purposes of performing the concluded purchase contract (in particular to agree details of shipping or Pickup) is permitted.

9.3 Consequences of breach

9.3.1 In the event of a breach of Article 9.1, the operator may:

• a) warn the user on the first breach;
• b) remove the Offer or the relevant messages;
• c) suspend the account in the event of repeated or serious breach;
• d) refuse to refund fees for removed Offers.

9.4 Reason for the rules

The rules under this Chapter serve in particular to prevent circumvention of platform fees, protect users against fraud outside the platform’s record-keeping system and ensure enforceability of contractual obligations.

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10. Photographs and Offer content — licence

10.1 Ownership of content

10.1.1 The user is entitled to upload to the platform only photographs and other content to which they have the necessary rights — in particular photographs they have taken themselves or for the publication of which they have the author’s demonstrable consent.

10.1.2 The user guarantees that by uploading content to the platform they do not infringe copyright, personality rights or other rights of third parties.

10.1.3 In the event of a breach of Article 10.1.1 or 10.1.2, the user is liable for damage caused to the operator and to third parties.

10.2 Operational licence (necessary for the service)

10.2.1 By uploading a photograph or other content to the platform, the user grants the operator a non-exclusive, royalty-free operational licence to:

• a) display the content in the Offer on the platform;
• b) make technical modifications (compression, cropping, watermarking, size optimisation, format conversion);
• c) transfer and copy the content for the purposes of operating the platform (hosting, backups, distribution through a network of content suppliers).

10.2.2 Duration of the operational licence: for the period during which the Offer is published on the platform.

10.2.3 The operational licence expires upon termination of the Offer or cancellation of the user’s account (except for archival records retained under Article 6.3).

10.3 Marketing licence (broader use)

10.3.1 By uploading a photograph to the platform, the user grants the operator a non-exclusive, royalty-free marketing licence to use the photograph for the promotion of the Recordio platform and the specific active Offer, in particular:

• a) on the home page and in other parts of the platform;
• b) in the newsletter and similar marketing communications promoting the platform;
• c) on social networks and the operator’s profiles on them;
• d) in paid advertising campaigns promoting the platform;
• e) in editorial and PR materials concerning the platform.

10.3.2 The marketing licence for an active Offer lasts for the period during which the Offer is published on the platform.

10.3.3 After the Offer ends:

• a) the operator is entitled to retain already created marketing materials containing the photograph to a reasonable extent (in particular archived newsletters, already published social network posts, campaigns in their run-off phase);
• b) the operator is not entitled to create new marketing campaigns using photographs from the ended Offer without the user’s consent.

10.3.4 The marketing licence includes the right to grant a sublicence only to technical, marketing and advertising suppliers of the operator to the extent necessary to promote the Recordio platform (in particular providers of advertising systems, content distribution networks, agencies managing advertising campaigns).

10.3.5 Territorial scope: worldwide (given the international nature of social networks and advertising systems).

10.4 Limitations of the marketing licence

10.4.1 The operator is not entitled to:

• a) sell photographs as standalone content to third parties (for example stock photo libraries);
• b) use photographs to promote another platform or a third-party service unrelated to Recordio;
• c) permanently alter photographs in a way that changes the meaning of the original or unlawfully interferes with the personality rights of persons captured in the photograph;
• d) create new marketing campaigns using photographs from ended Offers without the user’s consent (Article 10.3.3(b)).

10.4.2 The marketing licence serves exclusively for the operation, promotion and protection of the Recordio platform.

10.5 Key licence provision

“The user grants the operator a non-exclusive, royalty-free licence to uploaded photographs, divided into: (a) an **operational licence** necessary for display in the Offer for the period of its publication; and (b) a **marketing licence** enabling the use of photographs to promote the Recordio platform and the specific active Offer for the period of its publication. After the Offer ends, the operator may retain already created marketing materials to a reasonable extent, but may not create new marketing campaigns using photographs from the ended Offer without the user’s consent. The operator is not entitled to sell photographs to third parties as standalone content. The licence serves exclusively for the operation, promotion and protection of the Recordio platform.”

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IV. Offer negotiations and conclusion of the purchase contract

11. Offer as an invitation to submit offers

11.1 Legal nature of an Offer

11.1.1 An Offer published on the platform constitutes an invitation to submit offers within the meaning of Section 1732(2) of the Civil Code, not a contractual offer.

11.1.2 By publishing an Offer, the Seller does not become obliged to conclude a purchase contract with everyone who expresses interest in the goods. A purchase contract is concluded in the manner set out in Chapters 12 to 14.

11.2 Key provision

“An Offer published on the Recordio platform constitutes an invitation to submit offers within the meaning of Section 1732(2) of the Civil Code, not a contractual offer. A purchase contract between Buyer and Seller is created only at the moment set out in Chapters 12 to 14 of these Terms.”

11.3 Changes to an Offer

11.3.1 The Seller may edit or withdraw an Offer or activate the Buy Now function under the conditions set out in Chapter 7.

11.3.2 A change to the Offer price during ongoing negotiation does not affect the calculation of the negotiation fee under Article 20.3 — for calculation purposes, the decisive price is the Offer price valid at the moment the first Price Offer is sent.

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12. Buy Now

12.1 Mechanics

12.1.1 The Buy Now function enables the Buyer to conclude a purchase contract immediately at the price stated in the Offer, without negotiation.

12.1.2 Before submitting the Buy Now order, the Buyer is shown an order summary in the platform interface, containing in particular:

• identification of the goods and their price;
• shipping method and its price;
• payment method;
• Seller identification details to the extent published by the platform before conclusion of the purchase contract (in particular username or profile identifier, city, country, Trust Level);
• the amount of any related platform fees.

12.1.3 The Buyer confirms the Buy Now order by clicking a button labelled “Place Binding Order” or an equivalently clear label in other language versions, in accordance with Section 1827a of the Civil Code.

12.2 Seller’s pre-set conditions

12.2.1 If the Seller activates the Buy Now function for an Offer, by activating this function the Seller pre-determines that the Buyer’s offer to purchase at the price stated in the Offer will be automatically accepted by a technical means of the platform in accordance with the conditions so determined.

12.2.2 In this automatic acceptance, the operator does not act as the Seller’s representative. The operator merely technically implements the Seller’s intention expressed by activating the Buy Now function.

12.3 Moment of conclusion of the purchase contract

12.3.1 By clicking the “Závazně objednat” button in the order summary, the Buyer makes an offer to conclude a purchase contract at the price stated in the Offer. This offer is accepted without undue delay automatically by a technical means of the platform in accordance with the Seller’s pre-set conditions.

12.3.2 At the moment of automatic acceptance, a purchase contract is concluded between Buyer and Seller.

12.4 Key provision

“If the Seller activates the Buy Now function for an Offer, by activating this function the Seller pre-determines that the Buyer’s offer to purchase at the price stated in the Offer will be automatically accepted by a technical means of the platform in accordance with the conditions so determined. By the Buyer clicking the ‘Závazně objednat’ button in the final step of the order process, a purchase contract is concluded between Buyer and Seller.”

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13. Price Offer (Make an Offer)

13.1 Mechanics of submitting an offer

13.1.1 A Price Offer (Make an Offer) is a binding price proposal by the Buyer addressed to the Seller, by which the Buyer proposes to conclude a purchase contract at the price offered by the Buyer.

13.1.2 Before sending a Price Offer, the Buyer is shown an offer summary in the platform interface, containing in particular:

• identification of the goods and the offered price;
• shipping method and its price;
• payment method;
• Seller identification details to the extent published by the platform before conclusion of the purchase contract (in particular username or profile identifier, city, country, Trust Level);
• the specific amount of the negotiation fee that would arise if this offer were accepted without change (Article 20.3);
• validity period of the offer.

13.1.3 Before accepting a counter-offer or performing another binding act by the Buyer leading to conclusion of a purchase contract, the platform shall display the specific amount of the negotiation fee according to the state of negotiation at the moment of the act, or a clear method of its calculation if the specific amount cannot technically be determined at that moment.

13.1.4 The Buyer sends a Price Offer by clicking a button labelled “Závazně odeslat nabídku” or an equivalently clear label in other language versions.

13.2 Binding nature of the offer for the Buyer

13.2.1 A Price Offer is binding on the Buyer for the entire period of its validity, unless the Buyer withdraws it under Article 13.4.

13.2.2 If the Seller accepts the Price Offer during its validity period, a purchase contract is concluded under Chapter 14.

13.3 Validity period of the offer

13.3.1 A Price Offer is valid for 3 days from the date on which it is sent, unless otherwise stated in the platform interface. After this period expires, the offer automatically expires without any further action being necessary.

13.3.2 The operator is entitled to adjust the validity period of offers through settings in the platform interface. The current valid period is always displayed to the Buyer before the offer is sent.

13.4 Withdrawal of an offer by the Buyer

13.4.1 The Buyer may withdraw a Price Offer at any time through the platform interface until the offer has been accepted.

13.4.2 Withdrawal of an offer is carried out by clicking a button labelled “Stáhnout nabídku” or an equivalently clear label.

13.4.3 After withdrawal, the offer expires and the Offer remains active for further Price Offers and Buy Now.

13.5 Expiry of an offer due to removal or termination of an Offer

13.5.1 If an Offer is removed by the operator, deactivated for legal or technical reasons, or expires (Article 7.4), active Price Offers for that Offer shall expire.

13.5.2 The Seller may not unilaterally withdraw an Offer if there is an active Price Offer on it, unless the Seller first rejects the offer or allows it to expire under these Terms (see Article 7.5).

13.6 Key provision

“By sending a Price Offer, the Buyer makes a binding offer to conclude a purchase contract. The offer is binding for the entire period of its validity, unless withdrawn by the Buyer through the platform interface. If the Seller accepts the offer during its validity period, a purchase contract is concluded.”

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14. Acceptance of an offer and creation of the purchase contract

14.1 Mechanics of acceptance

14.1.1 The Seller (or the Buyer in the case of a counter-offer under Chapter 15) may accept a Price Offer through the platform interface.

14.1.2 Before accepting an offer, the accepting party is shown an offer summary under Article 13.1.2 with a notice that acceptance creates a purchase contract.

14.1.3 Acceptance of an offer is carried out by clicking a button labelled “Obligatory to accept” or an equivalently clear label.

14.2 Moment of conclusion of the purchase contract

14.2.1 At the moment a Price Offer is accepted, a purchase contract is concluded between Buyer and Seller on the terms stated in the offer.

14.3 Consequences of conclusion of the purchase contract

14.3.1 Upon conclusion of the purchase contract:

• a) all other active Price Offers for the same Offer automatically expire;
• b) the Offer moves to “sold” status and is no longer active;
• c) the Buyer becomes obliged to pay the purchase price under Chapter 16;
• d) the Seller becomes obliged to deliver the goods under Chapter 16;
• e) the platform makes available to both parties the other party’s contact details to the extent set out in Article 9.2;
• f) chat is activated for communication between the parties (Chapter 19);
• g) where applicable, the Proof of Possession procedure under Chapter 27 is activated.

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15. Counter-offer

15.1 Mechanics of a counter-offer

15.1.1 The party who has received a Price Offer may, instead of accepting or rejecting it, respond with a counter-offer with a different price.

15.1.2 By sending a counter-offer, the original Price Offer expires and a new binding offer is created within the meaning of Chapter 13.

15.2 Rules for counter-offers

15.2.1 A counter-offer is subject to the same rules as the original Price Offer, in particular:

• binding nature for the validity period;
• validity period of 3 days (unless otherwise stated in the platform interface);
• possibility for the sender to withdraw it;
• possibility for the other party to accept it.

15.2.2 The currency of the counter-offer is the same as the currency of the original offer; the currency does not change within the negotiation chain.

15.2.3 The shipping method, delivery address and other conditions are carried over from the original offer, unless expressly changed by the party.

15.3 Reference price for calculating the negotiation fee

15.3.1 For calculating the negotiation fee under Article 20.3, the decisive price is the Offer price valid at the moment the first Price Offer is sent within the given negotiation chain.

15.3.2 Later changes to the Offer price by the Seller or changes in counter-offers do not affect the reference price for calculating the fee.

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16. Performance of the purchase contract

16.1 Definition of the moment of Transaction completion

16.1.1 A Transaction is considered completed (status “completed”) at one of the following moments:

a) Confirmation of receipt by the Buyer: The Buyer confirms receipt of the goods in the platform interface by clicking the “Potvrdit doručení” button or an equivalently clear label. The Transaction is completed at the moment of this confirmation.

b) Automatic completion after the time limit (Standard shipping): If the Seller has marked the goods as shipped and provided a tracking number or other reasonable proof of dispatch (in particular a parcel number, photograph of a posting receipt) and the Buyer does not confirm receipt or report a problem in the platform interface within 21 days of that marking, the Transaction is automatically completed.

Without a tracking number or proof of dispatch, automatic completion under point b) does not apply.

c) Pickup: For the “Pickup” shipping method, confirmation by both parties in the platform interface is decisive; the Transaction is completed at the moment of the second confirmation.

If one of the parties does not confirm and does not report a problem within 21 days from the agreed pickup date, the operator shall send that party a notice. If the party does not respond even after the notice with a 3-day time limit, the Transaction shall be automatically completed on the basis of the other party’s confirmation.

If neither party confirms or reports a problem within 21 days from the agreed pickup date, the operator may mark the Transaction as cancelled; in such case, fees under Article 20.6 do not arise.

16.2 Notice before automatic completion

16.2.1 Before automatic completion under Article 16.1(b) or (c), the operator shall send both parties a notice by e-mail and through the platform interface, usually 3 days before expiry of the relevant period.

16.2.2 The notice shall contain a request to confirm receipt or to report a problem if the Transaction did not proceed as expected.

16.3 Obligation to pay the purchase price

16.3.1 The Buyer is obliged to pay the purchase price to the Seller within 3 days from payment release in accordance with Article 27 (Proof of Possession).

16.3.2 Payment release means the moment when the operator displays to the Buyer in the platform interface the Seller’s payment details or instructions for making the payment. For Transactions not subject to the Proof of Possession procedure, payment is released immediately after conclusion of the purchase contract.

16.3.3 The time limit under Article 16.3.1 does not run while payment is subject to the Proof of Possession procedure and that procedure has not yet been completed (see Chapter 27).

16.4 Key provision on Proof of Possession and the payment time limit

“For Transactions exceeding the value stated in the platform interface, the Price List or the platform help section, the operator may, for fraud prevention reasons, temporarily restrict display of the Seller’s payment details to the Buyer until the Seller proves that they physically have the goods available (Proof of Possession, proof of possession of goods), or until the Buyer expressly states that they wish to make payment even without this verification. During the period of this restriction, the time limit for payment of the purchase price by the Buyer does not run. Proof of Possession does not mean verification of the Seller’s legal ownership right to the goods.”

16.5 Obligation to deliver the goods

16.5.1 The Seller is obliged to deliver the goods to the Buyer within 3 working days of receipt of payment, unless otherwise agreed between the parties.

16.5.2 For Transactions involving Pickup, the Seller and Buyer shall agree on a specific pickup date; this agreement replaces the general time limit under Article 16.5.1.

16.6 Consequences of failure to perform obligations

16.6.1 If the Buyer does not pay the purchase price within the time limit under Article 16.3.1, the Seller is entitled to:

• a) send the Buyer a reminder through the chat;
• b) after a further reasonable number of days from the purchase contract, withdraw and ask the operator to cancel the Transaction;
• c) reactivate the Offer if the Transaction has been cancelled.

16.6.2 If the Seller does not deliver the goods within the time limit under Article 16.5, the Buyer is entitled to:

• a) send the Seller a reminder;
• b) after a further reasonable number of days from the purchase contract, withdraw and ask the operator to cancel the Transaction and, if necessary, request the return of the paid purchase price from the Seller;
• c) report a problem through the “Report a transaction problem” function (Chapter 22).

16.6.3 The operator does not hold the purchase price and does not arrange its refund; the refund of the purchase price by the Seller is a relationship between Buyer and Seller (see Chapter 18).

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17. Shipping and transfer of risk

17.1 Choice of shipping

17.1.1 The Seller states in the Offer the available shipping methods (in particular Pickup, Standard shipping through a carrier).

17.1.2 The Buyer selects the preferred shipping method from the options offered by the Seller.

17.2 Transfer of risk

17.2.1 The risk of damage to or loss of the goods passes to the Buyer at the moment the goods are handed over to the carrier for transport.

17.2.2 In the case of Pickup, the risk of damage to or loss of the goods passes to the Buyer at the moment the Buyer takes possession of the goods.

17.2.3 These rules correspond to the standard regime for sales between private individuals under Section 2090(1) of the Civil Code; this is not a sale of goods by a trader to a consumer, to which the special rules under Section 2123 of the Civil Code apply.

17.3 Seller’s obligations when dispatching goods

17.3.1 When dispatching goods, the Seller is obliged to:

• a) package the goods properly and safely with regard to their nature, in particular musical instruments, electronics and fragile items;
• b) use a reasonable shipping method having regard to the value and nature of the goods;
• c) send the Buyer a tracking number (parcel tracking number) through the chat or platform interface;
• d) retain proof of posting of the parcel (posting receipt or electronic proof from the carrier) for at least 60 days after dispatch.

17.3.2 For items with a value exceeding 500 EUR / 12 500 Kč, the operator strongly recommends that the Seller choose shipping with insurance covering the full value of the parcel.

17.3.3 For items with a value exceeding 2 000 EUR / 50 000 Kč, the operator strongly recommends insured shipping with an insured value corresponding to the value of the parcel.

17.4 Consequences of breach of obligations

17.4.1 If the Seller breaches the obligations under Article 17.3 (in particular insufficient packaging) and, as a result, the goods are damaged during transport, the Buyer is entitled to assert a Complaint against the Seller, even though the risk of damage has passed to the carrier. Breach of the obligation to package goods properly gives rise to the Seller’s liability for damage caused by that breach.

17.4.2 The operator may take breach of the Seller’s obligations into account when assessing a dispute, moderating an account or deciding on any individual waiver of fees.

17.5 Liability of the operator

17.5.1 The operator is not liable for damage caused by the carrier, shipping delays, loss of a parcel or damage to goods during transport. Any claims of the Buyer shall be directed against the Seller (to the extent of the Seller’s liability under Article 17.4.1) or against the carrier.

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18. Payment

18.1 Recordio is not a provider of payment services

18.1.1 Recordio is not a provider of payment services within the meaning of Act No. 370/2017 Coll., on Payment Systems.

18.1.2 Payment of the purchase price takes place directly between Buyer and Seller, outside the platform. The operator does not hold, transfer or purposefully retain the purchase price (no escrow or custody system).

18.2 Payment methods

18.2.1 The Seller states in the Offer the accepted payment methods, in particular:

• bank transfer;
• third-party payment services (PayPal, Wise, Revolut and similar);
• cash payment upon Pickup;
• other methods expressly stated by the Seller.

18.2.2 Buyer and Seller may agree on a specific payment method within the accepted options.

18.2.3 The listing of a payment method in the platform interface does not constitute a recommendation, guarantee or approval by the operator regarding the security, availability, price or terms of the relevant payment service. Use of a specific payment method is the users’ decision, and they bear the associated risk under the terms of the payment service provider.

18.3 Marking payment and confirmation

18.3.1 After making payment, the Buyer marks the Transaction in the platform interface as paid (“Označit jako zaplaceno”) and may upload proof of payment.

18.3.2 The Seller confirms receipt of payment in the platform interface (“Potvrdit obdržení platby”).

18.3.3 The Buyer’s marking of payment and the Seller’s confirmation of receipt are important for the course of the Transaction, records and any disputes; however, they do not determine the creation of payment obligations between the parties (which are governed by the Civil Code).

18.4 Payment disputes

18.4.1 Disputes between Buyer and Seller concerning the making or receipt of payment are governed by Chapter 22.

18.4.2 The operator does not provide any guarantee that payment will be made by the Buyer or refunded by the Seller in the event of a dispute.

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19. Communication between users

19.1 Platform chat

19.1.1 Communication between users concerning a specific Transaction takes place through the chat built into the platform.

19.1.2 The chat is activated immediately after conclusion of the purchase contract under Chapter 14 (acceptance of a Price Offer) or Chapter 12 (Buy Now). Before conclusion of the purchase contract, the ability to share contact details in the chat is restricted under Article 9.1.

19.1.3 After conclusion of the purchase contract, the platform interface makes available to both parties:

• a) the full name of the other party;
• b) city and country of residence;
• c) verified telephone number, if the other party has verified their telephone number on the account.

19.1.4 The e-mail address of the other party is not made available; communication continues primarily through the chat.

19.2 System messages

19.2.1 The platform automatically generates system messages in the chat in response to key Transaction events (in particular conclusion of the purchase contract, marking dispatch, confirmation of delivery, expiry of time limits).

19.2.2 System messages serve record-keeping and information purposes for the parties; they are immutable and form part of the Transaction archive.

19.3 Archiving of communication

19.3.1 Chat history is archived for the period stated in the Privacy Policy.

19.3.2 The operator may use chat history in particular for:

• a) investigation of disputes between users (Chapter 22);
• b) investigation of reports of illegal content (Chapter 25);
• c) statutory purposes (in particular cooperation with law enforcement authorities);
• d) security analyses for fraud prevention purposes.

19.4 Prohibition of misuse of chat

19.4.1 In the chat, it is prohibited in particular to publish:

• a) harassing, inappropriate or unlawful content (insults, threats, materials infringing third-party rights, content that should not be shared in a professional communication channel);
• b) fraudulent or misleading content;
• c) contacts and links intended to circumvent the platform under Article 9.1 (before conclusion of the purchase contract);
• d) content unrelated to the specific Transaction documented by the chat.

19.4.2 The operator may hide defective chat content and, in serious cases, suspend the user’s account (Chapter 24).

19.5 Privacy

19.5.1 Making the other party’s contact details available after conclusion of the purchase contract is necessary for performance of that contract / completion of the Transaction within the meaning of Article 6(1)(b) GDPR (Regulation (EU) 2016/679).

19.5.2 Security and anti-fraud processing (in particular chat logs, misuse detection, fraud prevention) may be based on the operator’s legitimate interest under Article 6(1)(f) GDPR.

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V. Platform fees

20. Platform fees

20.1 Types of fees

20.1.1 The operator charges users two types of fees for use of the platform:

• a) Sales fee (sales commission) — charged to the Seller after completion of the Transaction;
• b) Negotiation fee — charged to the Buyer in the case of successful price negotiation through the Price Offer (Make an Offer) function. This fee is currently inactive (not charged). See Article 20.3.

20.1.2 The operator does not hold the purchase price and does not transfer funds between Buyer and Seller (see Article 18.1). Payment between users takes place directly, outside the platform. The operator’s fees are charged by separate invoices after completion of the Transaction.

20.1.3 The specific current amount of fees (rates, cap, surcharges for Offer promotion, information on promotions) is set out in the separate document Price List, which forms an integral part of these Terms (Article 2.4).

20.1.4 This Chapter regulates the mechanics and framework of the fee structure (types of fees, conditions for their creation, due date, calculation); specific values are set out in the Price List. Changes to specific values in the Price List take effect in accordance with Article 31.

20.2 Sales fee

20.2.1 The sales fee is charged to the Seller on the sale price of the goods (agreed\_price) according to the current rate stated in the Price List.

20.2.2 The amount of the fee includes:

• Basic rate according to the Price List;
• Surcharge for Offer promotion (promotion tier) according to the currently selected promotion tier;
• Cap (maximum fee amount) per item sold, according to the Price List. The cap applies to the total fee (basic rate + promotion surcharge).

20.2.3 For calculation of the fee, the decisive factor is the promotion tier selected at the moment of sale (conclusion of the purchase contract), not the highest promotion tier used during the period in which the Offer was published.

20.2.4 The Seller may choose Offer promotion when listing the Offer or at any later time through the platform interface. The selected promotion tier remains active until the Seller changes it or until the goods are sold.

20.2.5 The active Offer period is no more than 3 months; details are set out in Article 7.4.

20.3 Negotiation fee

Note: The negotiation fee described in this Article is currently not charged. The operator has set negotiation_fee_active = false. This Article describes the full framework that will apply when the fee is activated. Users will be notified in advance of any activation in accordance with Article 31.

20.3.1 If a purchase contract is concluded through the Price Offer (Make an Offer) function at a price lower than the Seller’s original Offer price, a negotiation fee arises.

20.3.2 The payer of the negotiation fee is the Buyer, as the party who initiated the negotiation by sending the first Price Offer.

20.3.3 The amount of the negotiation fee is calculated according to the current rate in the Price List from the difference between the reference price of the Offer and the agreed purchase price (excluding shipping). The negotiation fee has no cap. If the fee would be less than 50 Kč (2 EUR), it is not charged.

20.3.4 The reference price of the Offer for calculating the fee is the Offer price valid at the moment the first Price Offer is sent within the given negotiation chain. Later changes to the Offer price by the Seller or changes in counter-offers do not affect the reference price for calculating the fee (see Article 15.3).

20.3.5 The negotiation fee does not arise if:

• a) the agreed_price is equal to or higher than the reference price of the Offer (no saving was achieved);
• b) the purchase contract was concluded through the Buy Now function without negotiation;
• c) the Transaction was not completed (see Article 20.6).

20.3.6 Informing the Buyer before a binding act: in accordance with Section 1820 of the Civil Code and Directive 2011/83/EU, before sending a binding Price Offer and before accepting a counter-offer or performing another binding act leading to conclusion of a purchase contract, the Buyer is shown the specific amount of the negotiation fee according to the current state of negotiation, or a clear method of calculating it if the specific amount cannot technically be determined at that moment. For the first Price Offer, the specific amount that would arise if the offer were accepted without change is displayed.

20.4 Invoicing

20.4.1 The operator issues an invoice after completion of the Transaction within the meaning of Article 16.1.

20.4.2 The invoice due date is 14 days from the date of issue.

20.4.3 The invoice is sent electronically to the e-mail address stated by the payer in their account.

20.4.4 As at the effective date of these Terms, the operator is not a VAT payer and fees are charged exclusive of VAT, unless otherwise stated in the Price List or on the invoice. If the operator’s tax regime changes or if legal regulations require VAT to be charged, VAT will be charged in accordance with applicable legal regulations.

20.4.5 If both fees arise from one completed Transaction (sales fee + negotiation fee), the operator will issue two separate invoices:

• a) one to the Seller for the sales fee;
• b) the other to the Buyer for the negotiation fee (currently not issued as the negotiation fee is inactive).

20.4.6 Each invoice has a separate due date calculated from its date of issue.

20.5 Consequences of non-payment

20.5.1 If the user does not pay an invoice by its due date, the operator shall proceed as follows:

• a) 7 days after the due date: reminder sent by e-mail;
• b) 14 days after the due date: blocking of the ability to list new Offers or submit Price Offers;
• c) 30 days after the due date: account suspension (freeze) until all due receivables are paid.

20.5.2 The operator reserves the right to assign the receivable for an unpaid fee to a debt collection agency or law firm, or to assert the claim in court.

20.5.3 When an account is suspended due to non-payment, the operator shall notify the user of the reason and the method for ending the suspension (usually by paying the due receivables). The procedure for appealing against suspension is set out in Chapter 24.

20.6 Transaction cancellation

20.6.1 If the purchase contract between Buyer and Seller is not actually performed and the Transaction ends with the status “cancelled” or “in dispute” without subsequent completion under Article 16.1, platform fees do not arise.

20.6.2 If an invoice has already been issued before cancellation of the Transaction, the operator will cancel the invoice without any claim for payment.

20.6.3 If a dispute between users ends by agreement or decision and the Transaction is subsequently marked as completed (status completed), fees under this Chapter arise in the standard manner.

20.7 Effect of rate changes (rate-lock)

20.7.1 Rates applicable to completed Transactions. For purchase contracts already concluded, the fee rates valid at the moment of conclusion of the purchase contract (Buy Now conclusion or acceptance of a Price Offer) shall apply, regardless of any later changes to the Price List.

20.7.2 Rates for active Offers. For active Offers, any changes to the Price List shall apply only after the change takes effect. If the change would mean an increase in the fee compared to the state at the time of listing the Offer or selecting promotion, the operator shall notify the Seller in advance and allow the Seller to end the Offer without penalty before the change takes effect.

20.7.3 Rates for ongoing negotiations. For ongoing negotiation chains (a sequence of Price Offers and counter-offers), the rate displayed to the Buyer at the last binding act leading to conclusion of the purchase contract shall be used to calculate the negotiation fee.

20.7.4 The effectiveness of changes to the Price List is otherwise governed by Chapter 31.

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VI. Tax and statutory reporting obligations

21. Reporting obligation of the platform operator

21.1 Subject matter

21.1.1 Under applicable legal regulations, the operator may be obliged to collect, verify, retain and report to the competent tax administration authorities selected data concerning Sellers and Transactions carried out through the platform, in particular under the rules for reporting obligations of digital platform operators.

21.1.2 The scope of reported data, the categories of reportable Sellers and other details shall be governed by the applicable legal regulations at the moment when the reporting obligation arises.

21.2 Data collected for reporting obligations

21.2.1 If the operator’s reporting obligation arises or its arising is reasonably expected, the operator may require the Seller to provide in particular the following data (in addition to data normally collected during registration):

• a) first name and surname;
• b) main residential address;
• c) tax identification number (DIČ / TIN), if issued;
• d) date of birth;
• e) country of tax residence;
• f) payment data or account identifier, if the operator processes it in connection with the Transaction or if its collection is required by legal regulations.

21.2.2 If the operator enables a business mode on the platform in the future, the collected data may be extended to include data concerning legal entities to the extent required by legal regulations.

21.2.3 For each completed Transaction, in particular the completion date, agreed purchase price, currency, number of Transactions carried out in the relevant reporting period and the aggregate value of Transactions may be processed.

21.3 User’s duty to cooperate

21.3.1 The user is obliged to provide the operator with true and complete data required to comply with any reporting obligation, within the time limit set by the operator.

21.3.2 If the user does not provide the required data, does not provide it on time or provides manifestly false data:

• a) the operator shall send the user a request to supplement the data with an additional time limit;
• b) after the additional time limit expires without result, the operator may restrict account functionality (in particular the inability to list new Offers or submit Price Offers);
• c) in extreme cases, the operator may suspend the account until the obligation is fulfilled;
• d) if the user does not provide the data even after repeated requests, the operator may terminate the account under Article 6.2.

21.4 Key provision

“Under applicable legal regulations, the operator may be obliged to collect, verify, retain and report to the competent tax administration authorities selected data concerning Sellers and Transactions carried out through the platform, in particular under the rules for reporting obligations of digital platform operators. The user is obliged to provide the operator with true and complete data required to comply with this reporting obligation, within the time limit set by the operator. The scope of reported data and the categories of reportable Sellers are governed by applicable legal regulations.”

21.5 Relationship to personal data protection

21.5.1 Processing of personal data for the purposes of assessing and complying with the operator’s reporting obligations takes place on the basis of compliance with a legal obligation under Article 6(1)(c) GDPR.

21.5.2 Details of the processing of this data (in particular retention periods, recipients and rights of the data subject) are set out in the separate document Privacy Policy.

21.5.3 For the purposes of assessing whether a Seller falls within a specific reporting obligation, data may be processed even before that obligation arises.

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VII. Disputes, Complaints, moderation

22. Complaints and disputes

22.1 Three types of disputes

For the purposes of these Terms, the operator distinguishes three types of disputes, which are resolved by different mechanisms:

• a) Disputes between a user and the operator concerning platform services (fees, account, service quality) — see Article 22.2;
• b) Disputes between Buyer and Seller concerning the purchase contract for goods — see Article 22.3;
• c) Disputes concerning content moderation under the DSA — see Article 22.4 and Chapter 24.

22.2 Dispute between a user and the operator (platform service)

22.2.1 Disputes concerning the operator’s services (in particular the amount of fees, service quality, account suspension, technical issues) are resolved directly between the user and the operator. The operator is a party to these disputes.

22.2.2 The user is entitled to contact the operator by sending a Complaint to support@recordio.cz or legal@recordio.cz. The Complaint should contain:

• a description of the problem or claim;
• the specific Transaction, Offer or event to which the Complaint relates;
• the requested method of resolution.

22.2.3 The operator shall respond to the Complaint without undue delay, indicatively within 14 days of receipt.

22.2.4 If the dispute is not resolved by direct agreement, the consumer may contact the competent alternative dispute resolution entity for consumer disputes; details are set out in Article 32.3.

22.3 Dispute between Buyer and Seller (purchase contract)

22.3.1 Disputes concerning the purchase contract between users (in particular the factual condition of the goods, delivery, payment, defects) are resolved directly between Buyer and Seller.

22.3.2 The operator is not a party to the purchase contract between users. The operator:

• a) is not liable for the factual condition of the goods, authenticity, functionality, delivery or payment;
• b) is not liable for performance of the purchase contract between users;
• c) does not decide disputes between users;
• d) does not refund money (the operator does not hold the purchase price, see Article 18.1);
• e) does not take possession of goods;
• f) does not guarantee the outcome of dispute resolution.

22.3.3 What the operator may do in the event of a dispute between users:

• a) facilitate communication between the parties through the platform chat;
• b) provide available record data concerning the Transaction and chat history to the parties to the dispute or to law enforcement authorities (on the basis of a legally substantiated request);
• c) suspend related accounts and Offers until the dispute is resolved;
• d) take the outcome of the dispute into account in users’ Trust Levels and moderation measures.

22.3.4 Since the platform in version 1.0 is intended for the C2C model (Article 4.7) and the Seller declares when listing an Offer that they are not acting as a trader (Article 7.1.2(d)), as a rule this is not a consumer relationship between Buyer and Seller. The operator makes information about the Seller’s status available to the Buyer under Article 7.1.3.

22.4 Dispute concerning content moderation

22.4.1 If the user disagrees with the operator’s content moderation decision (removal of an Offer, account suspension, blocking or other moderation measure), the procedure under Chapters 24 and 25 shall apply.

22.4.2 The user has the right to appeal against a moderation decision within the time limit under Article 25.2.7 (30 days for ordinary decisions, 6 months for decisions to which the DSA applies).

22.4.3 The consumer may also have the right to contact a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (DSA).

22.5 Reporting a Transaction problem

22.5.1 Buyer or Seller may report a problem with a specific Transaction in the platform interface by clicking the “Report a transaction problem” function.

22.5.2 Reporting a Transaction problem suspends standard processes (in particular auto-completion under Article 16.1) until it is resolved.

22.5.3 The operator recommends that the parties to the dispute first attempt an amicable resolution through the chat, or by direct communication after mutual disclosure of contact details (Article 9.2).

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23. Reviews

23.1 Possibility of rating

23.1.1 After completion of a Transaction (status completed), Buyer and Seller may rate each other through the platform interface.

23.1.2 A review may be submitted only after a completed Transaction; rating cancelled or incomplete Transactions is not permitted.

23.2 Form of review

23.2.1 A review contains:

• a) a rating of 1–5 stars;
• b) an optional text comment.

23.2.2 The other party has the right to reply once to a received review through a function in the platform interface.

23.3 Review content rules

23.3.1 In reviews, it is prohibited to:

• a) publish false or misleading information;
• b) publish personal data of the other party beyond ordinary identification;
• c) publish vulgar, offensive or threatening content or content containing personal attacks;
• d) publish content irrelevant to the completed Transaction;
• e) publish discriminatory content based on sex, age, ethnicity, religion or sexual orientation.

23.3.2 The operator may remove a review if it breaches Article 23.3.1.

23.4 Appeal against removal

23.4.1 A user whose review has been removed has the right to appeal against the removal within the time limit and in the manner set out in Article 25.2.7.

23.5 Supplement to Trust Level

23.5.1 Successfully completed Transactions with positive reviews may contribute to the user moving to a higher Trust Level under Chapter 5.

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24. Moderation and sanctions

24.1 Operator’s moderation powers

24.1.1 The operator is entitled to take moderation measures to ensure that user content and conduct comply with these Terms and legal regulations. Moderation measures include in particular:

• a) removal of an Offer that breaches the Terms (Article 7.6) or the Prohibited Items Rules (Chapter 8);
• b) hiding of content in chat or reviews that breaches the Terms;
• c) restriction of account functions (in particular restrictions on listing Offers, submitting Price Offers or communication);
• d) temporary account suspension for a specified period;
• e) account termination in cases of serious or repeated breaches (Article 6.2);
• f) reduction of Trust Level (Article 5.3.2).

24.2 Grounds for moderation measures

24.2.1 Grounds for a moderation measure may include in particular:

• a) serious or repeated breach of these Terms;
• b) suspicion of fraudulent conduct (in particular sale of stolen goods, counterfeits, fake Offers);
• c) breach of rules on Prohibited Items (Chapter 8) or external contacts (Chapter 9);
• d) suspicion of use of the platform outside its designation (Article 4.7);
• e) repeated misuse of reports of illegal content (Article 25.3);
• f) unpaid due fees under Article 20.5;
• g) failure to cooperate during verification or fulfilment of statutory obligations (Article 21.3).

24.3 Informing the user and reasons

24.3.1 The operator shall inform the user of a moderation measure by e-mail to the address stated in the account or by notice in the platform interface.

24.3.2 Information on a moderation measure shall include:

• a) the specific moderation measure taken by the operator;
• b) the reason for the measure;
• c) information on the possibility of appeal and the appeal procedure under Article 25.2.7;
• d) any duration of the measure (for temporary measures).

24.3.3 The operator shall provide the user with reasons without undue delay after taking the moderation measure.

24.4 Immediate moderation measures

24.4.1 In cases that are manifestly serious, urgent or specially regulated by law (in particular goods posing an immediate danger, suspicion of criminal activity), the operator may take moderation measures immediately and without prior notice.

24.4.2 In such cases, the information and reasons under Article 24.3 shall be provided subsequently, without undue delay after the measure is taken.

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25. Reporting illegal content (DSA Notice & Action)

25.1 Reporting content

25.1.1 The operator enables anyone to report content on the platform that may be contrary to these Terms or legal regulations, through:

• a) the “Report” button available on each Offer and user profile;
• b) e-mail to abuse@recordio.cz or legal@recordio.cz.

25.1.2 Reports may be submitted by:

• a) registered users of the platform;
• b) unregistered visitors, if they provide a contact e-mail for handling the report;
• c) public authorities (by e-mail or other official means).

25.2 Report handling procedure

25.2.1 Content of a report. A report must contain at least:

• a) the specific content being reported (Offer URL, user identifier, message subject);
• b) the reason for the report from a predefined list or in a free-text description;
• c) optional additional information or evidence;
• d) contact details of the person submitting the report (at least an e-mail address for handling the report).

25.2.2 Predefined reasons for reporting:

• fraud or attempted fraud;
• stolen goods;
• counterfeit or infringement of intellectual property rights;
• dangerous product;
• Prohibited Item (see Chapter 8);
• spam or circumvention of the platform;
• offensive or unlawful content;
• other illegal content (free-text description).

25.2.3 Confirmation of receipt. The operator automatically sends the person submitting the report a confirmation of receipt of the report without undue delay after submission.

25.2.4 Assessment. The operator shall assess the report without undue delay, indicatively within 7 working days. In manifestly serious, urgent or specially regulated cases, the operator may act immediately.

25.2.5 Decision. The operator shall decide on one of the following steps:

• a) leaving the content unchanged (unjustified or unsubstantiated report);
• b) reducing the visibility of the content (deindexing from search, lowering in ranking);
• c) removing the content;
• d) suspending the account of the user who published the content;
• e) providing information to public authorities, if required by law or necessary to protect safety.

25.2.6 Reasons for the decision. The operator shall inform:

• a) the person submitting the report by e-mail;
• b) the user whose content was the subject of the report by e-mail and notice in the platform interface.

The information shall include brief but clear reasons for the decision.

25.2.7 Appeal against a decision. A user whose content was affected by the decision has the right to submit an appeal:

• a) time limit:

  • for ordinary decisions under these Terms (for example removal of content due to breach of the Terms without connection to illegal content under the DSA): 30 days from notification of the decision;
  • for decisions to which the DSA applies (in particular decisions on removal of illegal content, restriction of visibility, account suspension for reasons set out in the DSA): 6 months from notification of the decision, in accordance with Article 20 DSA;

• b) form: by e-mail to abuse@recordio.cz with the subject line “Odvolání proti rozhodnutí” or through the platform interface, if this option is available;

• c) the operator shall decide on the appeal without undue delay, indicatively within 14 days of receipt;

• d) the appeal decision shall include reasons.

25.2.8 Automated tools and human review. The operator may use automated tools for content moderation (in particular automated detection of contact details, external links, spam patterns and dangerous products). These tools may:

• a) flag content for subsequent review by a moderator;
• b) temporarily hide content pending completion of the review;
• c) remove content in cases where it is manifestly serious or specially regulated by law.

Against decisions made with the assistance of automated tools, the user has the right to human review through an appeal under Article 25.2.7. The final moderation decision may be reviewed by a human following the user’s appeal.

25.3 Repeated misuse of reports

25.3.1 Users who repeatedly submit manifestly unjustified or unsubstantiated reports (in particular reports submitted for the purpose of competitive sabotage) may be:

• a) warned;
• b) temporarily restricted in their ability to submit reports;
• c) in extreme cases, have their account suspended or terminated.

25.3.2 Users who repeatedly publish illegal content or content contrary to the Terms are subject to progressive sanctions:

• 1st breach: warning and removal of content;
• 2nd breach: account restriction or temporary suspension;
• 3rd and further breaches: account termination;
• Serious breach: immediate account termination without progressive steps.

25.4 Contact point

25.4.1 The operator’s contact point for DSA Notice & Action is the e-mail address abuse@recordio.cz.

25.4.2 The address legal@recordio.cz is also available for public authorities.

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VIII. Safety and special rules

26. Product safety (GPSR)

26.1 Seller’s obligations

26.1.1 The Seller is obliged in particular:

• a) not to knowingly sell dangerous goods (goods which, under normal use, pose a risk to the health or safety of persons);

• b) to state safety-relevant defects of the goods in the Offer, in particular for equipment with electrical components;

• c) to offer used electrical equipment only in such a way that it does not pose a danger under normal use;

• d) to explicitly state in the Offer:

  • electrical wiring modifications (power supply modification, transformer replacement, non-original power supply);
  • service interventions carried out, in particular unprofessional servicing or repairs;
  • age and condition of mains cables, connection cables and other safety-relevant components.

26.2 Specifics of musical equipment

26.2.1 Musical equipment often falls under product safety rules due to the presence of electrical components. When selling musical equipment, increased caution is required in particular for:

• amplifiers (guitar, bass, valve) — checking the mains cable, valves, transformer;
• power supplies (original and universal), non-original power supplies may be dangerous;
• active loudspeakers with built-in electronics;
• rack processors and other studio electronics;
• modified equipment (modifications, repairs);
• equipment after unprofessional servicing;
• older mains cables and connection cables;
• valve preamps and compressors (safety risks associated with valves and high voltage).

26.3 Obligations of the operator as an online marketplace provider

26.3.1 The operator, as a provider of an online marketplace within the meaning of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (GPSR):

• a) establishes a contact point for product safety supervisory authorities: e-mail address legal@recordio.cz with the subject “GPSR — bezpečnost výrobků”. The competent supervisory authorities in the Czech Republic include in particular the Czech Trade Inspection Authority, or other competent supervisory authorities according to the type of product;
• b) establishes a mechanism for reporting dangerous products through the “Report” function in the platform interface with the reason “Dangerous product” (Chapter 25);
• c) cooperates with supervisory authorities in the investigation and withdrawal of dangerous products from the market;
• d) removes Offers for dangerous products without undue delay after receiving a substantiated notice;
• e) keeps records of received notices and measures taken.

26.4 Removal of dangerous content

26.4.1 The operator is entitled without prior notice to:

• a) remove an Offer where there is reasonable suspicion that the product is dangerous;
• b) suspend an account of a user who repeatedly lists dangerous products;
• c) provide information to the competent supervisory authorities, if required by law or necessary to protect safety.

26.4.2 The Seller has a duty to cooperate during the investigation and to provide available information about the product.

26.5 Key provision

“The Seller is obliged to state in the Offer all defects endangering safety, in particular for electrical devices and musical equipment. The operator, as a provider of an online marketplace within the meaning of Regulation (EU) 2023/988, establishes a contact point for product safety supervisory authorities (legal@recordio.cz) and cooperates in handling safety reports. Where there is reasonable suspicion that a product is dangerous, the operator may remove the Offer without prior notice and provide information to supervisory authorities.”

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27. Proof of Possession (proof of possession of goods)

27.1 Purpose of the procedure

27.1.1 Proof of Possession (proof of possession of goods, DoP) is an anti-fraud procedure aimed at preventing fraudulent Offers (in particular offers of goods that the Seller does not actually possess) in higher-value Transactions.

27.1.2 Proof of Possession does not mean legal verification of the Seller’s ownership right to the goods. The procedure merely proves that the Seller physically has the goods available at the moment of verification.

27.1.3 The DoP procedure applies only before the Seller’s payment details are released to the Buyer; it does not affect conclusion of the purchase contract under Chapters 12 to 14, or the Seller’s obligation to deliver the goods under Chapter 16.

27.2 When DoP applies

27.2.1 The DoP procedure applies if the following conditions are met simultaneously:

• a) the Transaction value exceeds the threshold value stated in the platform interface, in the Price List or in the platform help section (indicatively 2 000 EUR / 50 000 Kč, unless stated otherwise);
• b) the Seller’s Trust Level is lower than 2 (see Chapter 5);
• c) the shipping method is Standard shipping (Pickup is not subject to DoP).

27.2.2 The operator is entitled to adjust the threshold value, Trust Level conditions and other parameters of the DoP procedure through settings in the platform interface. The current conditions are always stated in the platform help section.

27.3 Verification procedure

27.3.1 If a Transaction is subject to the DoP procedure, the Buyer does not see the Seller’s payment details immediately after conclusion of the purchase contract. The Buyer is informed in the platform interface that payment is temporarily blocked until completion of DoP.

27.3.2 The Seller is requested to upload to the platform photographic proof that the Seller physically has the goods available, according to the operator’s instructions stated in the help section (in particular a photograph of the goods with the current date, serial number or agreed identifier).

27.3.3 After DoP has been provided, the operator releases payment and makes the Seller’s payment details or payment instructions available to the Buyer in the platform interface.

27.4 Buyer’s option to skip DoP

27.4.1 The Buyer may expressly state in the platform interface that they wish to make payment even without the Seller completing DoP. This express statement releases payment in the same way as submitted DoP.

27.4.2 A Buyer who skips DoP in this way bears the corresponding risk; in such a case, the operator is not liable for any fraudulent conduct by the Seller beyond the operator’s general liability as platform operator.

27.5 Payment time limit

27.5.1 During the payment block under the DoP procedure, the time limit for payment of the purchase price by the Buyer under Article 16.3.1 does not run.

27.5.2 After payment is released (by submission of DoP, express skipping by the Buyer or another method set by the operator), the 3-day time limit for payment of the purchase price begins to run.

27.6 Consequences of failure to provide DoP

27.6.1 If the Seller does not provide DoP within the specified time limit (stated in the platform help section) and the Buyer also does not expressly skip DoP under Article 27.4.1, the operator may:

• a) extend the time limit for providing DoP at the Seller’s request or on its own initiative;
• b) cancel the Transaction if DoP is not provided even within the additional time limit and the Buyer does not skip DoP;
• c) reduce the Seller’s Trust Level or suspend the account where fraudulent conduct is suspected.

27.6.2 If the Transaction is cancelled under Article 27.6.1(b), platform fees do not arise (see Article 20.6).

27.7 Key provision

“For Transactions exceeding the value stated in the platform interface, the Price List or the platform help section, the operator may, for fraud prevention reasons, temporarily restrict display of the Seller’s payment details to the Buyer until the Seller proves that they physically have the goods available (Proof of Possession, proof of possession of goods), or until the Buyer expressly states that they wish to make payment even without this verification. During the period of this restriction, the time limit for payment of the purchase price by the Buyer does not run. Proof of Possession does not mean verification of the Seller’s legal ownership right to the goods.”

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IX. Personal data protection and marketing

28. Processing of personal data

28.1 Separate document

28.1.1 Details of personal data processing by the operator (what data is collected, for how long, what the purposes of processing are, who the recipients are, what rights the data subject has and how to exercise them) are set out in the separate document Privacy Policy, which forms an integral part of these Terms (Article 2.4) and is available in the platform interface.

28.1.2 This Chapter contains only a brief summary of the key purposes and legal bases for processing.

28.2 Summary overview of legal bases

The operator processes users’ personal data in particular on the following legal bases:

• Maintaining a user account, registration, verification, carrying out Transactions, making contact details available to Buyer/Seller after conclusion of the purchase contract: performance of a contract under Article 6(1)(b) GDPR;
• Invoicing of fees, accounting: compliance with a legal obligation under Article 6(1)(c) GDPR (in particular Act No. 563/1991 Coll., on Accounting);
• Assessment and fulfilment of any statutory reporting obligations of the platform operator (Chapter 21): compliance with a legal obligation under Article 6(1)(c) GDPR;
• Fraud prevention, moderation, protection of the platform: the operator’s legitimate interest under Article 6(1)(f) GDPR;
• Newsletter and marketing communication beyond the service: consent under Article 6(1)(a) GDPR (see Chapter 30);
• Analytics and marketing cookies (if introduced): consent under Article 6(1)(a) GDPR (see Chapter 29).

28.3 Key provision

“The operator processes users’ personal data to the extent and for the purposes set out in the separate document **Privacy Policy**, which forms an integral part of these Terms. Processing takes place in particular for the performance of the contract for use of the service and contracts concluded between users (Article 6(1)(b) GDPR), for compliance with the operator’s legal obligations, including any tax reporting obligations under the rules for digital platforms (point c), and for the operator’s legitimate interests (point f).”

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29. Cookies

29.1 Current use of cookies

29.1.1 At the launch of the platform (version 1.0), the operator uses only strictly necessary technical cookies required for the operation and security of the platform, in particular:

• a) session and authentication cookies (login, maintaining a session);
• b) security cookies (protection against CSRF attacks);
• c) cookie consent (storing the user’s cookie preference);
• d) functional cookies to the extent necessary for operation (language, currency, interface settings).

29.1.2 In version 1.0, the operator does not use:

• a) analytics cookies or similar tracking technologies enabling profiling of user behaviour;
• b) marketing cookies (cookies for targeted advertising, retargeting, remarketing);
• c) third parties for tracking user behaviour across websites.

29.1.3 If the operator introduces analytics tools that do not use cookies or other tracking technologies requiring consent (cookieless analytics), their deployment will not require separate user consent, but will be transparently described in the Cookie Policy.

29.2 Future extensions

29.2.1 If the operator introduces additional types of cookies beyond strictly necessary technical cookies in the future, such cookies will be activated only on the basis of the user’s express consent given in the cookie banner or in account settings.

29.2.2 The operator will inform users of any extension of the cookies used in accordance with Article 31 (changes to the Terms and related documents).

29.3 Key provision

“At launch, the operator uses exclusively strictly necessary technical cookies required for the operation and security of the platform (login, protection against attacks, storing cookie consent preferences). No analytics or marketing cookies are used in the current version. If the operator introduces additional types of cookies in the future, they will be activated only on the basis of the user’s express consent.”

29.4 Separate document

29.4.1 Details of the cookies used are set out in the separate document Cookie Policy, which forms an integral part of these Terms (Article 2.4).

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30. Newsletter and marketing communication

30.1 Newsletter

30.1.1 The operator may send the user newsletters and other marketing communications concerning the platform and related services only:

• a) on the basis of the user’s express consent given by a separate checkbox during registration (Article 4.4); or
• b) as a soft opt-in to its own customers under Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services, subject to the conditions set out therein.

30.1.2 The user may unsubscribe at any time from receiving newsletters and marketing communications:

• a) through the unsubscribe link in each e-mail sent;
• b) in their account settings on the platform;
• c) by sending a request to privacy@recordio.cz.

30.2 Service and Transaction communications

30.2.1 The operator may send the user without separate consent service and Transaction communications necessary for the operation of the service, in particular:

• a) transactional e-mails (registration confirmation, e-mail verification, password reset);
• b) notifications about account activity (new Price Offer, new chat message, offer acceptance, invoice);
• c) security alerts (login from an unknown device, suspicious activity);
• d) changes to the Terms and related documents under Chapter 31.

30.2.2 These communications are not marketing communications and the user cannot unilaterally opt out of them without terminating the account.

30.3 Legal basis

30.3.1 Processing of personal data for newsletter purposes is based on the user’s consent under Article 6(1)(a) GDPR, or on the operator’s legitimate interest under Article 6(1)(f) GDPR in conjunction with Section 7(3) of Act No. 480/2004 Coll.

30.3.2 Processing for service and Transaction communications is based on performance of a contract under Article 6(1)(b) GDPR.

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31. Changes to the Terms of Service

31.1 Unilateral change

31.1.1 The operator is entitled to unilaterally amend these Terms and related documents (in particular the Price List, Privacy Policy, Cookie Policy and Prohibited Items Rules).

31.1.2 The operator makes changes in particular in response to:

• a) changes in legal regulations;
• b) decisions of public authorities;
• c) changes in the scope or manner of providing the service;
• d) changes in the fee structure (in particular after the end of the launch promo);
• e) technical and operational changes to the platform.

31.2 Notification of changes

31.2.1 The operator shall inform users of material changes to the Terms or related documents in particular:

• a) by e-mail sent to the e-mail address stated in the account;
• b) by notice in the platform interface (banner, modal) available to the user after login.

31.2.2 For minor, formal or corrective changes (in particular typo corrections, contact updates, technical text adjustments without substantive impact), notice in the platform interface is sufficient.

31.3 Time limit and effectiveness

31.3.1 Material changes shall take effect no earlier than 30 days after notification of the change, unless a longer period is stated in the notification.

31.3.2 Minor, formal or corrective changes may take effect immediately.

31.3.3 In the case of changes required by legal regulations or by a decision of a public authority, the changes may take effect within a shorter period if required by the legal regulation.

31.4 Continued use of the platform

31.4.1 If the user continues actively using the platform after material changes take effect (in particular listing an Offer, submitting a Price Offer, concluding a purchase contract), the user thereby expresses consent to the new version of the Terms.

31.4.2 A user who does not agree with the changes has the right to terminate their account under Article 6.1 before the changes take effect. In such case, the Terms in the version before the change shall apply to the handling of already pending Transactions and the settlement of due fees.

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32. Governing law and jurisdiction

32.1 Governing law

32.1.1 These Terms and the relationship between the user and the operator are governed by the laws of the Czech Republic, in particular the Civil Code.

32.1.2 The choice of Czech law shall not have the effect of depriving the consumer of the protection afforded to them by provisions of the law of the country of their habitual residence from which no contractual derogation is permitted (Article 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, “Rome I”).

32.2 Jurisdiction of courts

32.2.1 Unless mandatory consumer protection rules provide otherwise, the courts of the Czech Republic shall have subject-matter and territorial jurisdiction to hear disputes between the user and the operator.

32.2.2 A consumer may bring proceedings before the court of their habitual residence in accordance with the relevant provisions of European Union law and international treaties.

32.3 Alternative dispute resolution for consumer disputes

32.3.1 A consumer who has a dispute with the operator concerning the platform services has the right to contact the competent alternative dispute resolution entity for consumer disputes.

32.3.2 In the Czech Republic, this entity is generally the Czech Trade Inspection Authority (ČOI) at www.coi.cz as the competent ADR entity, unless a special legal regulation provides otherwise.

32.3.3 A proposal for alternative dispute resolution may be submitted no later than one year from the date on which the consumer first asserted the right that is the subject of the dispute with the operator.

32.3.4 Consumers from other Member States of the European Union may contact the competent alternative dispute resolution entity for consumer disputes in the country of their habitual residence under Directive 2013/11/EU of the European Parliament and of the Council.

32.4 Scope of alternative dispute resolution

32.4.1 The alternative dispute resolution mechanism set out in this Article concerns disputes between a user and the operator concerning platform services (for example fees, account suspension, service quality).

32.4.2 Disputes between Buyer and Seller concerning goods (defects, delivery, payment) are resolved directly between them; the operator is not a party to the purchase contract and such disputes therefore do not constitute a dispute with the operator. Detailed regulation of disputes between users is set out in Chapter 22.

32.4.3 Disputes concerning content moderation under Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act, “DSA”) are resolved under the special regime in Chapters 24 and 25.

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33. Final provisions

33.1 Severability clause

If any provision of these Terms is declared invalid, ineffective or unenforceable by a court or other competent authority, the remaining provisions of the Terms shall remain valid and effective. In such a case, the contracting parties shall endeavour to replace the invalid provision with a valid provision whose meaning is as close as possible to the original purpose, if permitted by legal regulations.

33.2 Assignment of rights and obligations

33.2.1 The operator is entitled to transfer its rights and obligations under these Terms or under individual relationships established on the basis of these Terms to a third party, in particular in the event of the sale of the operator’s business or part of it, a merger or another form of succession.

33.2.2 The operator shall inform the user of such transfer in advance by e-mail to the address stated in the account or by notice in the platform interface.

33.2.3 The user is not entitled to transfer their rights and obligations under these Terms to a third party without the operator’s prior written consent.

33.3 Service of notices

33.3.1 Service of notices between the operator and the user generally takes place electronically, namely:

• a) to the e-mail address stated by the user in their account;
• b) through notices in the platform interface available to the user after login;
• c) in the case of the operator, to the e-mail addresses stated in Chapter 1.

33.3.2 A message sent electronically is deemed delivered no later than on the third day after sending, unless earlier delivery is proven. This does not apply if the operator receives a non-delivery notification or if legal regulations require another method of service.

33.3.3 The user is obliged to keep the e-mail address in their account up to date. If the user provides an outdated or invalid e-mail address, messages sent by the operator to that address shall be deemed duly delivered.

33.4 Force majeure

The operator is not liable for any inability to provide the service caused by circumstances beyond its control and which it could not have prevented with reasonable care, in particular internet connection outages, outages of third-party services (hosting, domain administration, e-mail services), interventions by public authorities or natural disasters.

33.5 Entire agreement

These Terms, together with the documents listed in Article 2.4, constitute the entire agreement governing the relationships between the operator and the user concerning use of the platform. Any prior oral or written arrangements concerning the subject matter of these Terms are replaced by these Terms. This does not affect individual arrangements between the operator and the user made expressly and demonstrably in a specific case.

33.6 Effectiveness

These Terms become effective on 1 June 2026.

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Issued by: Pavel Halabica, operator of the Recordio platform Date of issue: 31 May 2026

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34. Language version and governing version

34.1 Governing version

34.1.1 These Terms are issued in the Czech language version as the governing version.

34.1.2 Other language versions of the Terms (in particular English and, later, German, Polish and Dutch) are merely informative translations of the governing version.

34.1.3 In the event of any conflict, ambiguity or discrepancy between the Czech version and a translation, the Czech version shall apply.

34.2 Translation languages

34.2.1 At launch, the operator provides translations of the Terms into English. Additional language versions, in particular German, Polish and Dutch, will be added progressively according to the platform’s expansion to individual national domains.

34.2.2 The current available language versions are indicated in the platform interface.

34.3 Key provision

“The governing language version of these Terms is the Czech version. Other language versions are merely informative translations. In the event of any conflict, ambiguity or discrepancy between the Czech version and a translation, the Czech version shall apply.”

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Issued by: Pavel Halabica, operator of the Recordio platform Date of issue: 31 May 2026 Effective from: 1 June 2026