GENERAL TERMS AND CONDITIONS

Effective January 1st, 2020
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GENERAL TERMS AND CONDITIONS


For sale of custom digital photo processing services.

Dear website visitors, www.yourphotoedit.com, you have just found yourself on the General Terms and Conditions page for selling my digital photo services. At www.yourphotoedit.com (" web " or " web interface "), you may have already read details about the service you selected. These General Terms and Conditions (abbreviated as " GTC ") contain the information you need to have before you click the order button. Therefore, please read them carefully. You also check the box "I accept the terms and conditions" before placing your order. If you read the GTC, your consent will really be.

WHEN A GTC IS USED AND WHAT RELATED TO A CLOSED CONTRACT?

The GTC shall be used for the sale of digital photo processing services (" Services ") via the web interface. At the same time, the GTC also stipulates more detailed conditions for the implementation of services. The ordering of the services and the process of concluding the contract are described below. The GTC are a document which forms an integral part of the contract concluded between us. If there are arrangements in the Contract that differ from the GTC text, the arrangements in the Contract shall take precedence. The provision of services is based on the Service Agreement concluded between me as the Provider and you as the Client (as the recipient of the service). If only the term “Contract” is used in the GBC, it means the Contract for the provision of services. The contract is concluded in Czech, archived in electronic form and is not accessible to third parties. The contract consists of your order (filled in order form on the web interface) and its acceptance by me and these GTC.

GTC Content:

1. Basic information about me
2. Important terms to make clear what is written here
3. How to order and sign a contract?
4. How What about the price of the service and how it is paid?
5. How will the services be delivered to you?
6. What about the functionality of digital content and its interoperability with hardware and software?
7. Withdrawal from the Contract
8. Warranty, rights of defective performance and Complaints Procedure
9. Complaints handling, consumer dispute resolution
10. Conclusion


1. BASIC DATA ABOUT ME

Marek Vasicek

ID: 08336083

Registered office: Blanická 4436/13, 466 06 Jablonec nad Nisou

Email: marek(at)yourphotoedit(dot)com

I am registered in the Trade Register.

I am not a VAT payer.

The delivery address is the same as the registered address. I have provided you with this email for your normal communication and for handling complaints.

In the following, I only act as a " Seller ".

2. IMPORTANT CONCEPTS TO BE OBJECTIVE WHAT IT WORKS HERE

WHO IS BUYER?

The buyer is the person who orders services through the web interface and enters into a Service Agreement with me.

Although I assume that a typical Buyer who orders services will be a consumer, the Buyer may, of course, also be an entrepreneur (self-employed entrepreneur, or a legal entity such as s.r.o., or a joint stock company).

WHO IS A CONSUMER?

According to the law, a consumer is a natural person who is not acting in the course of his business or as a self-employed person. If you are a natural person and include your business ID in the order, I will consider that you are concluding the Agreement as a business and not as a consumer.

WHAT IS A CONSUMER CONTRACT?

It is the Agreement where the Buyer is the consumer. In many cases, the consumer is in a better position than other buyers. If any right concerns only the Consumer, this is expressly stated in the GTC (ie instead of “Buyer” it is “Consumer”).

WHAT IS A DISTANCE CONTRACT?

This is a Contract that is concluded through REMOTE COMMUNICATION Means , ie it is concluded without having to meet in person, as we use the web interface to conclude it. As a Buyer, the costs associated with the use of means of distance communication (in particular the costs of Internet connection and possible telephone calls) are borne by you and do not differ from the normal rate charged by your operator, resp. ISP. By placing an order, you explicitly agree to use the means of distance communication.

WHAT LEGISLATION IS CONTRACTED BETWEEN US?

These are the applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “NOZ”) and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Coll., on Consumer Protection.

3. HOW TO ORDER AND CONTRACT?

3.1 As a Buyer, you order services via the web interface, ie through the ordering system on the website, by filling in the order form there.

3.2 DESCRIPTION OF SERVICES: On the web interface you will find a detailed description of the services offered, their content, who they are intended for and what benefits you can expect from them. On the web interface you can also find references of clients who used the services before you. The presentation of the services presented on the web interface is of informative nature only. As the Seller I am not obliged to conclude a Contract. The provisions of Section 1732 (2) of the NCC shall not apply.

3.3 ORDERING SERVICES: For ordering via the web interface there is an order form where you fill in your contact information (name, surname, address, e-mail) one of the services offered, you enter the exact number of photos to be processed and other optional parameters of the service, you choose the method of payment. If additional information is required for sales within or outside the EU, this will be written in the order form.

Before sending the order I recommend to check and eventually change the data entered in the order form and possibly correct any errors and discrepancies. Click the order button below the order to submit your order.

One Order can only contain images from one event at a time. Otherwise, as the Seller, I reserve the right to cancel such an order and charge you a cancellation fee of 50% of the total price of the order. For example, a wedding, a portrait shot in a day, a holiday, a birthday party, etc. is not an event.

I will inform you of the acceptance of the order made via the order form on the web interface by e-mail sent to your e-mail address, which includes a link to the customer section where you can find the invoice for this order. The Agreement is concluded by delivering an order receipt to your email address specified in the order and paying the full amount for the services ordered.

Any changes to the concluded Agreement (including the cancellation of the order) are only possible by agreement between us. Until the Agreement is concluded, you may cancel your order by e-mail sent to my e-mail address stated in the section “Basic Information about Me” in Article 1. of these GTC.

If in doubt, I can contact you to verify the authenticity of the order, and if the order is not verified, it is believed that the order has not been placed at all and I am no longer dealing with the order.

Ordering services via the web interface is possible 24 hours a day, 7 days a week. However, please note that exceptionally, the site may be temporarily unavailable due to necessary site maintenance or circumstances that I am not responsible for, such as internet outages, etc.

4. HOW IS IT PRICE AND HOW TO PAY?

4.1 PRICE OF SERVICES: The web interface also includes the price. The price is valid as long as it is listed on the web interface. Shipping costs or other costs associated with delivering the result of my services are not, so the price listed in the order summary is the final price. The order summary and invoice show what the price includes in the web interface.

4.2 The agreed price is the price quoted for the service at the time of sending your order. If there is an obvious mistake in listing the price on the web interface (that is, in particular, typing, mistake in bidding, or automatic price calculation), or a similar mistake in the process of entering into the Agreement, then I am not obliged to even if there was an automatic confirmation of receipt of the order. In the event that this obviously erroneous price has already been paid by you, I have the right to withdraw from the Contract and to refund the amount paid. If there is a price change between the time you submit your order and my confirmation, the price in effect at the time of submitting your order is effective unless otherwise agreed between us.

4.3 Unless expressly agreed otherwise between us, I am obliged to deliver the product to you only after the agreed price has been paid in full.

4.4 METHOD OF PAYMENT: The agreed price can be paid as follows:

- By wire transfer (classic) to my bank account: payment instructions, in the form of an invoice, are available in the customer section of the web interface. When making a payment, please make sure to include the appropriate variable symbol (order number) so that the payment can be paired quickly and the service can begin as soon as possible.

- Cashless Online Credit Card or Fast Online Bank Transfer through a payment portal. Card payments are made through the Barion system. The service provider Barion Payment Zrt is an institution supervised by the Hungarian National Bank and its license number is H-EN-I-1064/2013. Another payment method is linked to the payment gateway of PayPal (Europe) S.à r.l. et Cie, S.C.A.,. Both companies provide secure payment card acceptance and online bank transfer technology. You enter credit card, credit card, and e-banking passwords through your company's secure and trusted channel. None of these companies share this information with me or have access to it.

4.5 PAYMENT OF THE PRICE: The price is payable within 14 days of confirmation of receipt of the order. The fulfillment of ordered services starts from my side after payment of the whole price, unless expressly agreed otherwise between us.

The price is paid when the amount is credited to my bank account.

Services cannot be paid in installments.

5. HOW WILL MY SERVICES WILL BE DELIVERED TO YOU?

5.1 METHOD OF DELIVERY. After ordering and paying for the services, it is necessary to insert a link to stored and shared files (photos) for processing on the web interface. It is possible to use some of the available storage, such as Google Drive, Dropbox, etc. Subsequently, I will check the shared files and if everything is fine, I will start processing them according to the order. Otherwise, I will contact you at the email address you provided. You will always be notified by email of changes to your order status. The resulting processed photographs will be delivered to you via a download link to your e-mail address in the information e-mail after the order processing is completed. Please download your files within 3 weeks of completing your order. They will be permanently deleted from the repository.

5.2 DELIVERY TIME. Order processing time depends on the number of images to process and the service ordered. Estimated completion time is shown on both the invoice and the order summary on the web interface. The Seller undertakes to make every effort to comply with this estimated time of completion (delivery). In the event that this estimated processing time is not met, the obligations between the Buyer and the Seller are not affected.

5.3 POSSIBILITY OF REPAIR: If you are not satisfied with the results of the photo processing, ie the work will show defects, you are entitled to request free remedy of these defects.

6. WHAT IS THE DIGITAL CONTENT FUNCTIONALITY AND ITS HARDWARE AND SOFTWARE SYMPTOMS?

6.1 I send digital content (processed photographs) only to you, as the Buyer, to your e-mail address, or by accessing a link where the content is located. Digital content requires full hardware and software to open and work with Adobe Lightroom and jpeg files for full functionality. You must have a working Internet connection to download the digital content of the link. I am not responsible for the unavailability of content if your internet connection is down or slow. Content may be temporarily unavailable in the short term in the event of data maintenance or server downtime.

6.2 The result of adjusting the color tones of photographs shall be judged on a dedicated device, that is, a calibrated monitor having a deltaE ≤ 2 (color deviation less than 2).

7. WITHDRAWAL FROM THE CONTRACT

7.1 The Buyer acknowledges that he may withdraw from the Service Agreement at any time without giving any reason. However, if the service has already been started (photo processing has started), the Buyer is obliged to pay part of the agreed remuneration for the already provided part of the services.

7.2 As the subject of the Purchase Agreement is the delivery of digital content, the Buyer expressly agrees that the digital content will be delivered before the expiry of the withdrawal period, and acknowledges that in this case he has no right of withdrawal ( § 1837 letter l of the NCC).

7.3 The withdrawal must be made in writing and delivered in printed form to my address stated in the introductory part of these GTC or sent by e-mail from the electronic address provided by the client in connection with the conclusion of the contract (or later notified of its change), to marek(at)yourphotoedit(dot)com.

7.4 No later than 14 days after withdrawal from the Purchase Contract, resp. from using the guarantee, I will refund the money I have received from you as a payment for the services. In the case of already commenced service, the refunded amount will be reduced by the remuneration for already provided services, see Article 7.1 hereof. I will refund your money the same way you paid it, unless you agree to another form of payment that does not incur additional costs.

7.5 If the full price is not paid by you within 5 days after its due date, the Contract is terminated. If I have received a partial payment for the purchase price from you before, I will refund it to you within a week of the cancellation of the Agreement, unless we have specifically agreed otherwise.

7.6 You and the Seller are entitled to withdraw from the Agreement in the cases provided by law or in these GTC.

8. WARRANTY, PERFORMANCE RIGHTS, WARRANTY RULES

8.1 The rights arising from defective performance shall be governed by the applicable laws and regulations, in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the NCC.

8.2 The rights under the guarantee shall be governed in particular by the provisions of Sections 2113 to 2117 of the NCC.

8.3 As the Seller, I am responsible to you that the Service is free from defects upon receipt. If you are a Consumer, I am also responsible for ensuring that the defects do not occur within the warranty period of 24 months from receipt of the service. If you are not a consumer, I am solely responsible for any defects that the Service has upon receipt.

8.4 In the event of a removable defect, you may require removal of the defect or a reasonable discount from the price.

8.5 You do not have the rights of defective performance if you are likely to have a defect or take the defect yourself before taking over the service.

8.6 Make a claim with me without undue delay after defects are discovered. You can also inform me in advance of the complaint by e-mail. If you attach an invoice or other proof of purchase, a description of the claimed defect and a proposal for the solution of the complaint, I will welcome it. The complaint will be handled without undue delay, no later than 30 days, unless we expressly agree otherwise. I will provide you with a written confirmation of your claim, if you are a Consumer.

9. SETTLEMENT OF COMPLAINTS, CONSULTING DISPUTES DISPUTES

9.1 If you have a complaint about the Agreement, its performance or my activity, please contact me at marek(at)yourphotoedit(dot)com.

9.2 I do business on the basis of a trade license; Compliance with personal data protection regulations is supervised by the Office for Personal Data Protection. You can also contact these authorities with your complaints.

9.3 If there is a consumer dispute between the Seller and the Consumer, the Consumer has the right to an out-of-court settlement. The subject of out-of-court settlement pursuant to Act No. 634/1992 Coll. on Consumer Protection is the Czech Trade Inspection. Full details of the out-of-court settlement can be found on the website of the Czech Trade Inspection Authority coi.cz. The consumer can also use the resolution platform on-line disputes, set up by the European Commission at http://ec.europa.eu/consumers/odr/ .

10. CONCLUSION

10.1 The Contract is concluded for a definite period of time, until the Seller and Buyer fulfill their obligations under the Contract.

10.2 Privacy policy is addressed in a separate document.

10.3 Please note that I am entitled to unilaterally amend these GTCs, but the Buyer always has the text of the Terms and Conditions effective at the time of sending the order.

These GTC are effective from 1.1.2020.