The present Trading Conditions Agreement governs your rights and duties connected with VOJMÍR BLAŽEK professional photographer e-shop. Please be sure you have read it carefully! Having confirmed your order, you also grant your consent with the present Agreement and with Trading Conditions. You express your full approval!
1. Parties to the Agreement The provider of e-shop and of the present website, VOJMÍR BLAŽEK professional photographer. Registered office at Novodvorská 1039/12, Třebíč, 674 01, ID No.: 03718743 (hereinafter as “Provider”), natural person registered in the trade Register as of 16.1.2015. A customer is any natural person with legal capacity or a legal person using, uploading or downloading content data, such as pictures, etc. on the Provider’s website (hereinafter as “Customer”).
2. Conditions to enter into Agreement Having accessed the Provider’s website, and while using it, uploading and downloading material, you acknowledge and agree with the present Trading Conditions. Therefore, you are bound by this Agreement as clients or purchasers. Having finished your order, i.e. purchase of pictures subject to the contents of www.vojmirblazek.com website in the Provider’s e-shop, Customers grant their unanimous consent with and understanding of the present Agreement and each and every condition for the purchase of pictures on the Provider’s website. During the term of the Agreement, both Customer and Provider are obliged to fulfill general legal regulations in force, the Agreement and the present Conditions. If you don’t agree with the present Conditions, we ask you to stop using this website for data downloading to prevent causing any harm whatsoever to the Provider. Use of the Provider’s website with possible registration and account creation is subject to achieving 18 years of age. Persons under the age of 18 may use this website only under their parents or guardians supervision. Using or registering on the website without supervision is considered as your consent that you are at least 18 years and have full legal capacity. Customers may register on the Provider’s website or use it without registration. Customers acknowledge and agree with the Provider’s withdrawal of liability for any financial, material or intellectual damages that might arise from putting invalid or non-updated data in the Provider’s database. Furthermore, they also acknowledge and agree with the inexistence of their right whatsoever to claim for any such damage. By entering in the Agreement, Customers will be given their unique access (login and password) in the administration interface where they can manage all their contact details, edit their entry passwords, place orders for the services ordered. The website may not be abused in any way whatsoever. When entering and using the website it is not allowed to use any automatic software. Customers acknowledge and agree they are not entitled to enter in the Agreement on behalf of a third party without prior consent of the Provider. The Customer is fully liable for each and any of his orders, changes and amendments carried out from his administration interface or with the use of login information herein. Furthermore, Customers acknowledge and agree to be fully responsible for securing their login data in a way to maximally prevent their misuse by unauthorized persons. To be able to ensure higher level of safety, Customers are entitled to change their login data (password) from time to time. The Provider regularly updates and changes the contents of this website and may delete or alter any information or services provided herein at any time. Despite our best efforts whatsoever we cannot guarantee entirety and exactitude of all information on the present website. Customers agree to receive trade information, newsletters and offers through email.
3. Personal Data Protection The Provider regularly updates and changes the contents of his website and may at any time delete or amend any information or services provided there. Despite our best efforts whatsoever we cannot guarantee entirety and exactitude of all information on the present website. Basic Provisions Data Controller pursuant to Art. 4(7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter as “GDPR”) is VOJMÍR BLAŽEK professional photographer. Personal data means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. By sending orders from online order form you confirm having read and understood personal protection data conditions and accept these in their entirety.
4. Ordering of Pictures When a visitor of our website orders pictures using our shopping cart, he or she becomes our purchaser, i.e. customer. When the pictures have been ordered in a binding way and paid for, the data is automatically prepared for the customer to be downloaded. Information about the order shall be sent to the Customer’s email indicated in Customer’s personal account. Should an unexpected error occur while the pictures are ordered, the Customer is obliged to immediately contact the Provider to remedy the situation. If the Customer’s complaint requires financial refund from the Provider, he or she has to present a proof of payment for the relevant picture. It may happen that a picture has been withdrawn from sale just before a binding order is made. In such a case the Provider does not guarantee the Customer will be sent the picture required and undertakes to credit the whole amount paid to the Customer’s account.
5. Downloading of Pictures The pictures ordered are available for the Customer at the Provider’s website under the following URL: https://vojmirblazek.com/e-shop/ communicated to the Customer after he or she has read and understood the present Conditions. Within specifically defined delay since the payment has been made, the Customer is sent a link for downloading the pictures and becomes an active Customer. The same applies for downloading from the Customer account on the Provider’s website. If the Customer did not manage to download the pictures by the deadline stipulated, he or she has no right whatsoever for any other compensation or financial refund, except for a situation when the links sent for pictures downloading turn out to be invalid and the Customer has informed the Provider about this situation by phone or via email. In such case the Provider is bound to deliver the pictures to the Customer in another way as the latter has specified.
6. Prices of the Pictures Prices of the pictures may vary in time depending on the current exchange rate and annual discount programme. Therefore, prices for pictures saved in the shopping cart are subject to change since the last login. Upon a binding order (i.e. having pressed the button “Order”), the current price of the pictures is recorded and will be charged to the Customer.
7. Licences to the Pictures Customers acknowledge that pictures and any other content downloaded from the Provider’s website are subject to a licence agreement and they undertake therefore to fully respect relevant licence terms. Licence is included in the price of the picture and shall be used only for personal and commercial purposes. Therefore, the Provider offers more than one type of licence agreement. Before ordering the pictures, Customers can read the relevant licence agreement in the present Trading Conditions: Licence Agreement Unauthorized Use: No picture on the website can be used as a trademark or service mark without prior consultation and written consent granted by the Provider. In no way may the pictures be used for pornography, racist and illegal purposes; they may not breach copyright, trade or service mark and may not be used for purposes offending and abusing models in the pictures. The Customer is fully liable for using the pictures downloaded on his account from the website and becomes liable for any harms and damages connected with their unauthorized use. Furthermore, the Customer is fully liable for possible monetary claims raised by a third party or the Provider as a result of unauthorized use of the pictures downloaded.
8. Complaints, Refunds Customers are entitled to ask for a refund for any picture that could not have been downloaded and the Provider was not able to provide it upon the Customer’s demand within 7 days since the purchase. Furthermore, they are entitled for a refund also should the picture present technical failures or obviously not meet the quality as reasonably expected and provided that the corresponding claims procedure carried out by the Provider finds these failures or low quality as justified. If this is the case you undertake to remove the contents downloaded and you are not authorized to use the contents in any way whatsoever having received the refund. The right to refund terminates upon expiry of the seven day delay from the relevant purchase. The amount refunded is credited to the Customer’s account held at VOJMÍR BLAŽEK professional photographer. In the event of a claim or should you have any questions concerning the refund contact the Provider.
9. Non-standard or Duplicate Payments, Payments Deviations If a Customer has paid higher amount than the amount indicated on the pro forma invoice, he will be issued invoice for the total amount paid. Should a Customer send duplicate payment for whatsoever reason, the Provider is not obliged to send the amount overpaid back to his account or to send back payments made in error. Duplicate payments or payments made in error will be sent back only upon a payment cancellation claim issued by the Customer in writing to the address of VOJMÍR BLAŽEK professional photographer (see contact details). In such case the payment can be sent back to the Customer’s account within 30 days since such request has been received. The amount paid back will be reduced by the cancellation fee of CZK 100 / EUR 5 involving manual procession of the transaction as well as all bank fees connected with the transaction charged to the Provider. Should the transaction involve higher fees than normally charged as standard domestic fees for incoming and outcoming payments, these shall be also deducted from the amount to be sent back to the Customer. If the overpayment amount is not of sufficient value to cover such costs, the amount claimed cannot be refunded.
10. International Payment Transactions For international payments Customers shall indicate in payment preferences that fees are to be borne by their person. Should they fail to do this and the fee is debited from the Provider’s account, it will be deducted from the amount sent to the Provider and invoiced to the Customer.
11. Obligations Customers acknowledge and agree that the Provider shall in no way be liable for damages (including among others loss of information or financial losses) expressly or implicitly connected with the use of the Provider’s website and e-shop. Maximum monetary refund with respect to the Trading Conditions Agreement shall not exceed CZK 10 except where legal regulations impose a ban on liability limitation. The Provider is not in a position to avoid possible errors on the website and does not guarantee uninterrupted provision of the services available. Consequently, the Provider cannot guarantee information related to the pictures or texts presented on his website or guarantee photographers’ compliance with copyright. The Provider does not guarantee that using the present website will bring benefits or generate profits to you or to any third party.
12. Trademark, Provider’s Logo and Contents Unless stipulated otherwise, Provider’s trademark and logo may not be used without the Provider’s prior consent issued in writing. Customers acknowledge that the entire contents of the website including pictures, illustrations, texts or other materials may be subject to the Act on Industrial Property Protection. The Provider takes reasonable effort to avoid breach of copyright or trademark conditions. Visitors and users of the website are fully responsible for clarifying breaches of copyright and third parties rights, if any. In case of doubt you are responsible for seeking the advice of a legal counsel.
13. Governing Law The present website is the property of VOJMÍR BLAŽEK professional photographer, registered office: Novodvorská 1039/12 Třebíč, Czech Republic. While it is available for access from any other part of the world, having accessed it implies you agree that its use and use of any material contained there is subject to the law of the Czech Republic regardless of any deviations from laws in the country from which you have accessed it. Any legal proceedings, disputes or measures arising out of this Agreement or connected to it shall be brought to the relevant jurisdiction in the Czech Republic.
14. Severability Should any condition or provision herein become null and void, unlawful or unenforceable, all the other conditions remain in full force and effect.
15. Termination of the Agreement The Customer may terminate the Agreement only by means of a written notice sent to the Provider. The Provider shall delete the relevant Customer account within 30 days following his receipt of such termination notice. Customers acknowledge they are purchasing electronic contents supplied online and therefore may not withdraw from the Agreement pursuant to Section 1837 of the Civil Code. The Provider is entitled to terminate the Agreement at any time and without any compensation whatsoever should he find the Customer in a material breach of the Agreement and/or the Trading Conditions. Such termination does not have any impact on other obligations of the Customer arising out of or in connection with this Agreement. The Provider reserves his right to change the present Trading Conditions from time to time without prior notice.