These Terms and Conditions (hereinafter referred to as the "T&C") define and regulate the contractual relations between the Fine Art Photography and Graphic Art Atelier, represented by its owner, fine art photographer Martin Mojzis, atelier and gallery Finkovska 7, 160 00 Prague 6, Czech Republic, European Union, company headquarters and correspondence address Kafkova 55, 160 00 Prague 6, Czech Republic, European Union, IN: – (self-employed), VAT number: CZ7304070279, (hereinafter referred to as "Atelier"), as the seller, and the customer, as the buyer (hereinafter referred to as the "Customer").
Atelier is a VAT payer.
Information on the processing of personal data is contained in the Policy on the processing of personal data, which you can find ►here. The subject of these Terms and Conditions is the sale and purchase of author's fine art photographs displayed on the website accessible via the internet address www.martinmojzis.com.
All business communication and conclusion of the purchase contract takes place electronically via electronic mail (e-mail).
Atelier is entitled to agree on individual conditions with the Customer, usually through a written contract. The customer is obliged to keep these conditions confidential. In the case of individual conditions, these T&C apply as a subsidiary.
An order is created by the Customer in the form of an e-mail message, sent to the address of the Atelier: firstname.lastname@example.org.
The order must contain the following information:
If some essential information is missing in the order, the Atelier will ask the Customer to complete it.
After receiving the complete order, the Atelier sends its confirmation, along with the price calculation and payment information.
After receiving the payment, the preparation and printing of the ordered photographs begins. More details are given on the page ►Buy a print.
Together with the ordered photographs, the following documents are sent to the Customer:
The website of the Atelier accessible through the internet address www.martinmojzis.com is located on the server of an external supplier in the form of a long-term lease of disk space and related services. Atelier is therefore not able to influence possible interruptions in the operation of the site, caused by technical or other problems of this subject, and bears no responsibility for them.
ORDER SHIPPING, PERSONAL PICKUP.
Atelier sends ordered photographs via the Czech Post. The Customer will receive a number, that can be used to track the delivery of the shipment.
The Customer can pick up the ordered photograph(s) in person at the atelier only, if the contractual parties have agreed on this in advance in writing. Unannounced visits are not accepted.
Atelier representative, ev. another person authorized by him, can hand over the ordered photographs to the Customer at another place outside the atelier, if the contractual parties agree on this in advance in writing.
When taking over the shipment, the Customer is obliged to check the integrity of the packaging and, in the event of any defects, notify the post immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the Customer does not have to accept the shipment from the post. All other provisions are governed by the terms and conditions of the post.
RIGHTS FROM DEFECTIVE PERFORMANCE.
If, after unpacking the shipment, the Customer discovers that the photographs sent show a defect, or if such a defect becomes apparent within 24 months of purchase, he has the right to:
The Atelier will issue a written confirmation to the Customer of when the Customer exercised his right, what the content of the complaint is and what method of handling the complaint the Customer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection complaints.
Atelier will decide on the complaint within three working days. The complaint, including the removal of the defect, must be processed no later than 30 days from the date of the complaint, unless the Atelier and the Customer agree on a longer period. After this period has expired in vain, the Customer has the right to withdraw from the purchase contract.
The seller informs the buyer about the result of the complaint in writing.
The Customer does not have the right from defective performance, if the Customer knew before taking over the artwork(-s) that the artwork(-s) had a defect, or if the Customer caused the defect himself. The guarantee provided by the Atelier does not especially apply to:
In the event of a justified complaint, the Customer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The Customer can exercise this right at the Atelier within one month after the expiry of the warranty period.
RETURN OF PHOTOGRAPHS.
Due to the preparation and printing of photographs based on the Customer's individual order, the Atelier is not obliged by law to accept their return. However, for the satisfaction of the Customers and also to remove a certain degree of uncertainty when buying at a distance, the Atelier allows the Customer to return the photographs.
The return option applies to both categories of Customers, i.e. both so-called consumers and companies.
Photographs can be returned within thirty days of purchase.
If, for any reason, the Customer finds, that the purchased photographs do not suit him, he (she) must first inform the Atelier by e-mail of his (her) wish to withdraw from the purchase contract. There is no need to state the reason for withdrawal. Customer will then receive detailed information on how to return the artwork(s).
The money (including all costs for postage, packaging, etc.) will be sent to the Customer's bank account the next day after Atelier receives the shipment in good order. Receiving means the personal acceptance of the shipment by an Atelier representative, not its delivery to the post office.
The condition for a complete refund is that the returned photographs are in a completely undamaged condition. In the case of light damage, a reasonable reduction of the returned amount can be negotiated, in case of greater damage, the Atelier has the right to refuse the return. In this case, the shipment is sent back to the Customer. In such a case, the Customer is obliged to reimburse the Atelier for the cost of postage.
If the Customer is unsure of the extent of the damage to the photograph(-s) they intend to return, he (she) can email Atelier photographs of the damage. Atelier then informs the Customer about the extent of the damage and its effect on the refunded amount.
As the return of custom-made artwork is not subject to a statutory refund obligation, i.e. the Customer has no legal right to a refund, the Atelier is, in the event that it and the Customer do not agree on the degree of damage to the photographs that the Customer intends to return, entitled to refuse the return in full. Atelier has the right of veto in this sense.
The contracting parties hereby agree to the jurisdiction of the Czech courts for all disputes between them.
If the Customer is a so-called consumer, the out-of-court resolution of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, seat Stepanska 567/15, 120 00 Prague 2, IN: 000 20 869, internet adress https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Atelier and the Customer from the purchase contract.
European Consumer Center Czech Republic, based Stepanska 567/15, 120 00 Prague 2, web adress http://www.evropskyspotrebitel.cz is a contact point according to the Regulation of the European Parliament and of the Council (EU) no. 524/2013 from May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
If the Customer is a company, out-of-court dispute resolution is not permitted, unless both parties agree on it in writing in advance.
Communication with the Atelier, as well as advertising and other information, data in price lists, catalogs, etc., are not considered an offer to conclude a contract.
The contractual relationship with the Atelier does not entitle the Customer to label its products or services with the name of the author or the name of the Atelier.
The copyright to all the content of the website www.martinmojzis.com is stated ►here.
In relation to the Customer, the Atelier is not bound by any codes of conduct in the sense of §1826 paragraph 1 letter e) Civil Code.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
Atelier reserves the right to change these T&C at any time. Updated T&C will be posted on this page. Updated T&Cs are not sent out or otherwise distributed.
These T&C enter into force on January 29, 2023.
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►Fine Art Photography gallery.