Terms and Conditions of VOJTa Herout´s print sales

  1. Preamble
    1. These Terms and Conditions apply to the purchase of all forms of photographic prints – regardless of payment amount.
    2. These Terms and Conditions stipulate the rights and obligations of the parties arising from purchasing a photographic print from VOJTa Herout by the Customer (hereinafter the “Contract”)
    3. The Terms and Conditions below form part of the Contract between us (“our”, “VOJTa Herout”, “we”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
    4. By purchasing print, you are acknowledging and agreeing to the terms and conditions set about below.
  2. Customer Responsibilities
    1. By purchasing a print, you are confirming that you have read the associated print description, and selected the appropriate frame and size as required by you.
  3. Orders
    1. All orders must be submitted via this website (“https://www.vojtaherout.com”, herein “website”) in accordance with the instructions set out on each step and page of the order process.
    2. You are responsible for ensuring the completeness and accuracy of your order details and VOJTa Herout will not be liable for any failure by you to provide complete and accurate information in your order.
    3. All print orders are for custom, made to measure, on-demand photographic fine art prints.
    4. Orders may only be deemed to have been accepted upon your acceptance of the delivery charges (see clause 9.3). These will be send to you after you inform us about the delivery address. You may use the “comment field” in the order process, or you can wait for us to send you the Order form and fill it there.
    5. We reserve the right to:
      1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
      2. Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
    6. Without limitation to any provisions relating to limitation of liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.
  4. Delivery
    1. Standard production and delivery times are 4-6 weeks from the payment, although we will always endeavour to reduce this where possible.
    2. Your order will be fulfilled by the estimated delivery date set out in the dispatch confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
    3. Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
    4. If no one is available at the shipping address to take delivery, we will try to arrange with our carrier to redeliver the item. Otherwise it will be up to you to collect from the depot described on the delivery notice.
    5. The print(s) will be your responsibility from the completion of delivery.
    6. You own the print(s) once we have received payment in full, including all applicable delivery charges.
    7. You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
    8. Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
    9. Failure to inform us of any damage to the print(s) within 24 hours of the courier’s delivery receipt confirms your acceptance of your order in good condition.
  5. Returns
    1. All print orders are for custom, made to measure, on-demand photographic fine art prints. As such, the right to cancellation under the consumer protection (distance selling) regulations does not apply.
    2. Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 4 – “Delivery”), will be replaced by us free of charge with a duplicate copy of the same print as ordered.
    3. All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
    4. Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
    5. Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund for prints that have been spoiled in this way.
  6. Customs, Excise Duties & Import Taxes
    1. All prints are produced and shipped from Prague, Czech republic
    2. As a responsible international seller, we are legally bound to provide information the relevant import and export authorities when shipping prints to countries outside of the European Union.
    3. We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
    4. The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
  7. Events Outside of Our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
    2. An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an event outside of our control takes place that affects the performance of our obligations under this contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
  8. Print Guarantee & Warranty
    1. All prints are provided with a guarantee against colour degradation and fading, limited in time to the lifetime of the original purchaser.
    2. This guarantee means that we will provide you with replacement print of the same size, specification and image where the visible colour content has deteriorated below 60% of its original saturation and density, subject to the following conditions:
      1. The print(s) must have been stored and displayed out of any form of direct sunlight during its entire lifetime.
      2. The print(s) must have been protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during its entire lifetime.
      3. The print(s) have not been subjected to any temperature below 0°C or above 30°C during its entire lifetime.
      4. The print(s) have not been touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during its entire lifetime.
    3. To invoke the guaranteed replacement warranty, a claim should be sent by you to us in writing, detailing the specifics of the damage caused by fading, including photographs of the print(s) in question.
    4. On receipt of a valid claim, we may require further independent specialist opinion to confirm the likely cause of damage, which will be provided at our cost.
    5. Following confirmation by us (subject to any specialist opinion), a replacement print will be provided to you free of charge.
    6. On receipt of the replacement, the original print must be either returned to us or destroyed (at our discretion) with proof of sending or destruction being provided by you within 3 working days.
    7. This guarantee does not apply where the print has been damaged due to obvious wear and tear during the period of possession by the customer.
  9. Price of Prints & Delivery
    1. The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of print(s) you ordered, please see clause 9.4 for what happens in this event.
    2. Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
    3. The price of a Product does not include delivery charges. Delivery charges will be calculated based on the information from you (e.g. type of print, delivery address,...) and will be sent to you in writing.
      1. After you accept these delivery charges, order is deemed to have been accepted.
      2. You have the full right not to accept the delivery charges. If this happens, the order is deemed as cancelled.
    4. It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
  10. Copyright and Ownership
    1. By purchasing a print from us, you understand that you own a copy of an original photograph as captured by the original creator, VOJTa Herout.
    2. At no point do you, or will you, own the copyright of any image purchased from us as a print.
    3. Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
    4. It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
  11. Payment
    1. You can pay for prints using either PayPal or interbank transfer.
    2. Payment for the prints and all applicable delivery charges must be made in advance. The production of the Product (i.e. printing, mounting,...) will start after the payment is ascribed on our account.
    3. You should pay for the prints within 10 days from order. However if 60 days after the order the payment is not ascribed on our account, the order would be considered as cancelled.
    4. Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
    5. Once delivery of your order has been signed for as accepted, your order is considered complete.
  12. Our Right to Vary These Terms
    1. We may revise these Terms from time to time.
    2. Every time you order prints from us, the Terms in force at that time will apply to the Contract between you and us.
    3. The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
  13. Jurisdiction and Disputes
    1. The Contract and all legal relationships arising therefrom shall solely be governed by the laws of the Czech Republic. Any disputes that may arise on the basis of the Contract or from contractual negotiations or in connection with the Contract shall be resolved solely pursuant to the laws of the Czech Republic by the competent courts of the Czech Republic. If the Customer is not a Czech citizen or does not have permanent residence in the Czech Republic and if legal regulations so allow, the parties have agreed on the competence of courts of the Czech Republic and on the local competence of the District Court for Prague 4, Judicial Premises Na Míčánkách, 28. pluku 1533/29b, Prague 10, Czech Republic for potential disputes that may arise on the basis of the Contract or in connection with the Contract. We undertake to preferably seek extra-judicial resolution of disputes with the Customer unless the Customer rejects such arrangement.
    2. The legal relationships that are not stipulated in the Contract and these Terms and Conditions shall be governed in particular by the Civil Code and by Act No. 634/1992, Coll., on the Protection of Consumers, as amended (hereinafter the “Consumer Protection Act”).
    3. The supervision over the compliance with the obligations pursuant to the Consumer Protection Act shall be performed by the Czech Trade Inspectorate. If the Customer is a consumer, the Customer may use a dispute resolution platform that is established by Czech Trade Inspectorate, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2 (http://www.coi.cz). If the Customer is a consumer and an EU resident and if the Contract was concluded on-line or if our services were ordered online, the Customer may also use an online dispute resolution platform that is established by the European Commission on http://ec.europa.eu/consumers/odr/.
    4. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    5. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a print as a gift, you may transfer the benefit of the our guarantee in clause 8 to the recipient of the gift without needing to ask our consent.
    6. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a print will have the benefit of our guarantee at clause 8, but we and you will not need their consent to cancel or make any changes to these Terms.
    7. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    8. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    9. We will not file a copy of the Contract between us.
    10. These Terms and Conditions shall take effect on 25th May, 2018.
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