1.1 These Sales Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Mr Jan Vlček, a natural entity doing business, with his registered office in Hořovice, Komenského 39/34, Postal code: 268 01, Company ID No.: 71018140, registered in the Trade Register maintained by the Municipal Office in Hořovice (hereinafter referred to as the "Provider") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of the licence agreement signed between the Provider and the Customer (the "Customer"), the content of which is the granting of a licence to the purchased photographs stored in the Provider's online database located on the website www.equifo.cz (the "Photobank") through an order placed by the Customer (the "Order").
1.2 The Provider declares that he exercises the proprietary copyright and/or licence rights to the photographs, which represent a reproduction made by photographic technique: a positive copy, or a negative, slide, analogue or digital recording on any electronic medium, placed in electronic form in the Photobank (the "Photographs"), and is fully entitled to grant the Customer a Licence to use these Photographs in the manner and to the extent set out in these Terms and Conditions.
2.1 The Customer is entitled to order Photographs and to acquire rights to them either through a user account that the Customer establishes on the basis of registration on the website www.equifo.cz (the "User Account"), or without establishing a User Account by means of a written order to the Provider's e-mail foto@equifo.cz. For each individual Order, it is necessary to confirm consent to these Terms and Conditions and the Terms and Conditions for Personal Data Processing set out in the Personal Data Processing Policy, also available on the website.
2.2 When ordering Photographs, the Customer is obliged to provide truthful information. The Customer is obliged to update the data provided in the User Account each time it changes. The information provided by the Customer in the User Account is considered by the Provider to be up-to-date and correct.
2.3 Access to the User Account is secured with the Customer’s user name and password. The Customer shall be obliged to keep the information required for accessing their User Account secret. The Customer is not entitled to allow third parties to use the Customer’s User Account and is fully liable for any damage resulting from the use of the User Account by a third party.
2.4 The Provider shall be entitled to cancel the Customer's User Account if (i) the Customer has not used their User Account for more than twenty-four (24) months; (ii) the information provided by the Customer in their User Account is incorrect; or (iii) the Customer breaches their obligations under the licence agreement and/or these Terms and Conditions.
2.5 The Customer acknowledges that the User Account may not be continuously accessible, particularly in view of the necessary maintenance of the Provider’s hardware and software, and any necessary maintenance of third-party hardware and software.
2.6 The Customer is informed of the final price for the Photographs before submitting the Order, which includes the sum of the prices for the selected Photographs placed in the basket, including all related services, taxes and/or other fees.
2.7 The Order is sent by the Customer to the Provider by clicking on the "Binding Order" button.
2.8 By clicking on the "Binding Order" button pursuant to Article 2.8 of these Terms and Conditions, the Customer agrees to these Terms and Conditions and declares that they have had the opportunity to read them before submitting the Order. These Terms and Conditions are available to the Customer at any time on the www.equifo.cz website.
2.9 The Provider shall be entitled to not accept an order that is not placed in accordance with these Terms and Conditions or to return it to the Customer for completion and to give the Customer a reasonable period of time to do so. The expiration of such time period will result in the automatic cancellation of the Order.
2.10 The licence agreement is entered into upon the Provider's acceptance of the Order via e-mail or User Account. In the event that the Provider does not accept the Order within three (3) working days from the date of confirmation of receipt, the Provider shall be deemed to have exercised the right not to accept the Order.
2.11 Upon payment of the Price for the Photographs, the Provider shall enable the Customer to download the ordered Photographs via the User Account or via links to download the Photographs, which the Customer shall receive by e-mail together with the acceptance of the Order.
2.12 The Provider reserves the right in exceptional cases not to allow the Customer to download the purchased Photographs, especially in case of technical problems or if the Provider's authorisation to exercise proprietary copyrights and/or licensing rights to the ordered Photographs has expired. In such cases, the Provider undertakes to return to the Customer the Price paid for the ordered Photographs in the same manner as it was received from the Customer.
3.1 The Photobank contains information about the Photographs, including the amount of fee for the purchase of the Photographs or the granting of a licence to each Photograph, including all taxes and fees (the "Price"). Prices remain valid for as long as the Photographs are available for purchase in the Photobank
3.2 The Customer is entitled to pay the Price for the Photographs by wire transfer to the Provider's bank account or by payment card directly on the website when ordering the Photographs if the website has this option. When paying the Price by payment card, the Customer will receive an appropriate tax document by e-mail together with the Order confirmation in accordance with Article 2.10.
3.3 If the Customer chooses as a form of payment a transfer to the Provider's bank account, the Provider shall issue the Customer with an appropriate tax document – invoice.
3.4 Pursuant to Act No. 112/2016 Coll., on recording of sales, as amended, the Provider is obliged to issue a receipt to the Customer. A properly completed receipt within the meaning of electronic sales registration is a tax document – invoice, which the Customer receives electronically from the Provider.
4.1 The licence entitles the Customer to solely use the Photograph for private purposes, extended to include press, radio, television or similar news reporting within the meaning of the news licence pursuant to Section 89 of the Civil Code. The Customer is not entitled to use the purchased Photograph for any purpose incompatible with the news licence. The Provider shall not be liable for any harm resulting from the use of the Photograph by the Customer beyond the scope of the news licence.
4.2 The Customer is prohibited from using the ordered Photographs for advertising purposes unless otherwise agreed with the Provider.
4.3 The Customer undertakes not to download, store or distribute in any way Photographs with the EQUIFO logo watermark from the www.equifo.cz website.
4.4 Photographs may not be altered or processed in any way without the express written consent of the Provider, nor may individual parts be added to or removed from them, with the exception of normal cut-outs that do not substantially alter their character and composition. The Customer is not entitled to use the Photograph in such a way that its value could be reduced.
4.5 The Customer is always obliged to indicate with the use of each Photograph the so-called credit, i.e., "EQUIFO" and the name of the author and/or source, if they are indicated in the Photograph (e.g. in the form: © EQUIFO/Jan Vlček).
5.1 Either party is entitled to withdraw from the licence agreement for the reasons expressly set out in these Terms and Conditions or in the cases provided by law.
5.2 The Provider may withdraw from the licence agreement particularly in the event of a breach of Article 4 of these Terms and Conditions by the Customer.
5.3 Within seven (7) days from the conclusion of the licence agreement, the Customer may withdraw from the licence agreement if the Photograph could not be downloaded and at the same time the Provider was unable to enable its additional download even despite the Customer's request.
5.4 In case of withdrawal from the licence agreement, the licence agreement shall be cancelled from the outset. The Provider shall promptly make the relevant digital content unavailable to the Customer and return to the Customer a pro rata portion of the Price, depending on whether the Customer has already used the purchased Photographs, within fourteen (14) days of the cancellation of the licence agreement, in the same manner as the Provider received them from the Customer. The Customer undertakes not to use the Photographs after the withdrawal has taken effect.
6.1 If the Customer breaches the terms of use of the Photograph contained in Article 4 of these Terms and Conditions, the Provider is entitled to receive a contractual penalty of EUR 250 for each individual breach.
6.2 If the Customer breaches the obligation to indicate the credit pursuant to Article 4.5 of these Terms and Conditions, the Provider is entitled to receive a contractual penalty of EUR 150 for each individual breach.
6.3 The payment of the contractual penalties is not to the prejudice of the Provider’s entitlement to the compensation of property and non-property harm in full extent.
6.4 The contractual penalty shall be due within fourteen (14) days from the date of delivery of the Provider's written request for its payment.
7.1 Processing of the personal data of the Customer that is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EC) No. 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, and repealing Directive 95/46/EC (General Data Protection Regulation)
8.1 Relationships and any disputes between the parties arising under or in connection with the licence agreements shall be resolved exclusively under the laws of the Czech Republic and the competent courts of the Czech Republic, unless otherwise provided in these Terms and Conditions or the licence agreement.
8.2 The Customer agrees to the use of the means of remote communication when entering into the licence agreement. The costs incurred by the Customer when using the means of remote communication in connection with the conclusion of the licence agreement (Internet connection costs, phone bills) shall be the responsibility of the Customer themselves.
8.3 Should any provision of these Terms and Conditions or the licence agreement be or become ostensible, invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions or the licence agreement shall remain unaffected. The parties undertake to replace the ostensible, invalid or unenforceable provision with a new one, the wording of which will correspond to the intention expressed by the original provision and the licence agreement as a whole.
8.4 The provisions of these Terms and Conditions form an integral part of the licence agreement, and the Customer, by submitting the Order, declares that they are duly acquainted with their wording.
8.5 The Provider is entitled to unilaterally amend or supplement these Terms and Conditions. The Provider is obliged to inform registered Customers about any proposed change of the Terms and Conditions sufficiently ahead of the time of effect of such change, but at least 14 days in advance, to the Customer's e-mail address notified to the Provider at that time. If the Customer does not express their disagreement to the change no later than on the expected effective date of the change, the Customer agrees to the change of the Terms and Conditions and the change will be effective for the Customer on the effective date. If the Customer does not agree to such change of the Terms and Conditions, the Customer is entitled to terminate all licence agreements upon delivery of the above-mentioned disagreement within a one-month notice period starting from the delivery of the notice of disagreement to the Provider.
8.6 Both parties accept the provisions set out in Article 6 (Contractual Penalties) of these Terms and Conditions.
8.7 These Terms and Conditions take force and effect on 1 January 2020.
