Contract, Terms and conditions- photobank Fotky&Foto

This contract, terms and conditions specify Your rights and obligations associated with the use of e-shop of photobank Fotky&Foto. Read them carefully. By ticking the box next to the order confirmation You acknowledge this agreement and it's terms and conditions and You express Your full assent with it.

1. Contracting Parties

The Operator of e-shop, this web site and photobank Fotky&Foto is Golden Empressa s.r.o., Bulharská 996/20, Vršovice, Praha 10, 101 00, ID: 08199817 ("Operator").

Customer becomes any natural person having legal capacity or legal person who registers on the website of the Operator or just uses the Operator's website ("Customer")

2. Agreement Execution

Accessing to the website of the Operator, its using, uploading and downloading materials, You acknowledge these terms and conditions and agree to be bound by this Agreement as well as clients or partners, who we represent by the using of this website. Completing the order of the credit (purchasing of an annual discount program) for the purchase of photos, videos and other content or purchasingg this content straight from the cart on the website and in Operator's e-shop Client expresses his clear agreement and understanding to this Agreement and all terms of the purchase of photographs on the website of the Operator. Customers and Operator are obliged to respect all applicable laws during the duration of this Agreement, and to respect terms and conditions under this Agreement. If You do not agree with these terms and conditions, we ask that You to not use this website.

To use Operator's Web site, as well as registering and creating an account You need to have reached 18 years of age. Children and individuals under 18 years are allowed to use the Site only under the supervision of parents or legitimate representative. By using this web site without supervision or registration, You acknowledge that You are at least 18 years old and have full legal responsibility.

Customers can register or use the Operator's website without registration. The Operator reserves the right to provide registered users with advanced features which are not available to unregistered users.

Customer acknowledges and agrees that the Operator is not responsible for any financial, material or intellectual damages incurred to the Customer as a result of entering of invalid and / or outdated data to the database of Operator, and is not entitled to recover a compensation for any such damages to Operator.

Customer concluding this contract obtains his unique access (for login and password) to the administration interface, where he manage all contact details, edits a password, orders products , monitor credit movement, monitor the history of his own orders and has access to his own advance invoices and invoices issued for services ordered. It is not permitted to abuse these websites in any way. It is not permitted to use any automated software for logging in Your account.

Customer acknowledges and agrees that he is not authorized to enter into the Agreement with the Operator in the name of third parties, if a third party did not give him prior consent. Customer bears full responsibility for all orders, changes and modifications which were made from his administration interface or by using his assigned login information in this database. Customer acknowledges and agrees that he must provide and keep safe his own login information. So that he will prevent the login iformation from it's misuse by unauthorized persons. To the higher level of security the Customer is entitled to change his own access information (password) in his discretion. The Customer is fully responsible for payment of downloaded photos even if the Customer do not know about it. Including any unauthorized use of images and materials downloaded from Customer's account.

The Operator periodically update and modify the content of his website and may at any time delete or change any information or services provided on these pages. Despite our maximal effort we cannot guarantee the completeness and accuracy of all information on the website.

Customer agree to receive commercial information, news and special offers to e-mail.

3. Personal Data Protection

The Operator periodically update and modify the content of his website and may at any time delete or change any information or services provided on these pages. Despite our maximal effort we cannot guarantee the completeness and accuracy of all information on the website.

Provozovatel dodržuje veškeré zásady ochrany osobních údajů v souladu s nařízením EU o ochraně osobních údajů (GDPR). Veškeré zásady a práva zákazníků na ochranu osobních údajů jsou vypsány v samostatném dokumentu "Ochrana osobních údajů", zobrazeném v Infocentru.

4. Ordering and Replenishing Credit

After the conclusion of the Agreement and fulfillment of other requirements (payment of ordered Annual discount program, of the credit, or individual photos according to advance invoice to the account under the appropriate variable symbol) The Customer is immediately, at the latest within 24 hours from receiving of payment added a credit for the purchase of photographs in the value of the sum paid by the Customer under the appropriate variable symbol to the bank account indicated on the advance invoice. No operational, maintenance and entry fee will be charged to the Customer. If the Operator receives a payment from a Customer with the wrong or unidentifiable variable symbol, such payment will be paired with the order until the time the Customer enter for the payment and certify it. Then the payment will be assigned to a appropriate order.

5. Credit Validity

The validity of the credit for the purchase of photos is one year from the inserting of the credit to the account or or until the depletion of the credit. When You log in Your account under 'My credit' the Customer can see movements of his credit, and its expiration date. Before the expiry of the of the credit Customer is informed about the fact via e-mail that is sent to the Customer's email address specified in the personal data.

The e-mail address can be changed in the Customer's account after logging in on Operator's website. Credit is not refundable and the customer has no right to refund the credit. Credit can be extended by purchasing of a new annual discount program before the date of expiration.

The Customer has no right to recover the expired credits.

6. Ordering Photographs

From the moment a credit is credited to the Customer's account, the Customer may order photographs by means of his shopping cart. If the Customer places items in his shopping cart and is signed in at the same time, the shopping cart will remain saved even after his signing out, and when the Customer signs in again, the shopping cart will be uploaded again.

The price of every photograph varies in time; therefore, the prices of images placed in the shopping cart may change since the Customer's last sign-in. Upon placing a binding order of photographs (that is upon clicking on 'Place a binding order'), the current price of each of the photographs will be recorded. This image price is decisive, and it is this price that will be deducted from the Customer's credit.

Changing methods of ordering photos reserved.

7. Downloading Photographs

The ordered photographs are available to the Customer on the client account on the Operator's website as a download links that were also sent to the email address of the Customer. The download links to downloading of Your photos are active three days (3 x 24 hours) from the next midnight after activation order. After this time the links become inactive and no Customer is allowed to download pictures. This applies also to the possibility of downloading photos from the client's account on the website of the Operator. If the Customer did not manage to download the pictures in this time, then have no longer any right to compensation of credit. The exception is when the posted links to download photos and wrong and Customer informs via the telephone, or e-mail to the Operator. In this case the Operator shall deliver photos to the Customer via an alternative way to the Customer, according to Costumers demand.

After placing a binding order, the images ordered are automatically prepared for downloading by the Customer. The Customer will receive photograph download links by e-mail to the address stated under the Customer's personal profile. The Customer may send this e-mail to himself once again from his personal account under 'My photographs'.

Price of each photo are time-varying depending on the current exchange rate and on the Annual discount program. That is why it is possible that the prices of photographs even saved in cart may change from the last login. The binding order of photos (so in the moment You click the "Binding order photographs") is recorded in the current price of each photo. This price of the photo is decisive, this price shall be deducted from the Customer's credit. Only in the event of a significant exchange rate movements between the time of ordering and the payment of the photos the Operator may reflect the rate movement to Customer's credit.

8. Licenses for Specific Photographs

Customer acknowledges that the photos and other content downloaded from the Operator's website is subject to the license agreement and confirms that he will fully respect this license agreement. The license of each photo the Customer selects during the insertion of products into the-shopping cart or directly in the-shopping Cart.

The Operator offers two types of license agreement. The standard license agreement which is for free photos and license named XS, S, M, L, XL, XXL, XXXL, and the Advanced license agreement which licenses photos under the names of X, XV. The license agreement is attached to every photograph. Prices of extended licenses X and XV are always higher than the prices of basic licenses XS, S, M, L, XL, XXL, XXXL, V. In the case the prices of some licenses X or XV are lower than the prices of basic licenses to the same product , it is a mistake and the Customer is obliged to pay the difference between the real price of the license X, XV and incorrectly displayed price. In the event that the price of any license of any product is zero, it is a mistake and Customer who purchased photo for the zero sum is obligated to purchase a license with real price of the license.

License agreement for each photo purchased by Customer in the format. pdf can be downloaded after logging in Your account on the website of the Operator in order details in section "My orders". When the Customer orders photos, he agrees to respect this License Agreement. The case of breaching it is being described in any License Agreement.

Before ordering particular images, the Customer may choose to view the License Agreements under:
License agreement

Unauthorized use:
None from the photos on the web site of Operator can be used as a trademark or service mark without prior consultation and written consent of the Operator. It is strictly forbidden to use pictures for pornographic, racist and illegal purposes, as well as to breach the copyright, trade or service mark and use the photographs for purposes that offend and abuse models on the photos. Customer bears full responsibility for the use of images downloaded from the Operator's website and becomes liable for any damages related to it's unauthorized use. The Customer is fully responsible for the possible financial requirements of the Operator or the third party, caused by unauthorized use of downloaded images.

10. Complaint, payment refund

Within 7 days after purchase Customer may request a payment refund for any photo that could not be downloaded and the Operator was unable to deliver the photos even on demand. Refunds may also be asked if the photos You have downloaded has the technical failures, or obviously inadequate quality and this state of image will be analyzed and acknowledged by Operator. In such case, You agree to to delete photos immediately after getting payment of refund. The right to refund is not possible after seven days of purchase. Repayment is via adding that given amount to a client's account.

In case of complaint or if You have any questions about refund, contact us.

11. Nonstandard or duplicate payments, payments deviation

If the Customer pays a higher amount than is stated on the advance invoice, he will automatically be invoiced for entire amount paid. The credit will be increased by the full amount paid. If the Customer pays a higher amount than is stated on the advance invoice, then the new invoice will be made and entire amount will be added to Customer's credit. Operator is not obliged to send back to the Customer's Account neither overpayment, nor the payments made by mistake. Sending a duplicate payment, or mistake payment back is possible only on the basis of sending the request for the return of such payments (the payment cancellation) in written form by certified mail to headquarters of Golden Empressa s.r.o. (see contact). Only in such a case, payment may be returned to the Customer on Customer's bank account within 30 days of receiving the request. Refund amount will be cut down by the cancellation fee of CZK 100 / EUR 5. This fee includes manual processing of the entire transaction, and any bank charges associated with the transaction that the bank has charged to the Operator. In the case bank fees are higher than domestic standard fees for incoming on outgoing payments will be refunded sum also cut off of these fees. If the amount of overpayment will not be sufficient to cover the costs associated with this, then such amount cannot be refunded.

If the EU client from a other state than the Czech Republic in any order, subscription order, an annual discount program order or any other payment to the supplier, where he will not be VAT charged, enters an invalid tax identification number VAT and this fact will be detected, the client is obliged to pay all the tax differences no later than 7 days from the finding of this fact.

12. Fees for international payments

For international payments it is necessary to the Customer entered to the payment preference that the fees are on his expense. If he do not do that and a fee will be deducted to the Operator, then the fee will be charged to the Customer from his account and invoice will be made.

13. Obligations

Customer acknowledges and agrees that the Operator, his owners, executives, employees and partners will not be responsible or liable for any damages (including information loss or financial losses) directly or indirectly associated with the using of Operator's website and e-shop . The maximum financial compensation due to an agreement of trade conditions will not exceed 10 CZK except responsibility of which restriction is prohibited by law.

The Operator cannot avoid mistakes on this website and do not warrant the available services will be proceed without interruption.

Subsequently, the Operator cannot guarantee the information relating to photographs and texts contained on the website is right or to guarantee compliance with the photographer's copyright. Operator does not warrant that use of this website will benefit You or any third party.

14. Trademark, logo of Operator and content

Unless it is specified otherwise, the trademark and logo used by Operators cannot be used without prior and written consent of the Operator.

Customer acknowledges that any content of this website including photographs, illustrations, text or other materials can be treated by law for the protection of intellectual property. Operator is trying to use all possible means to avoid infringement of the copyright or trademark. Visitors and users of these websites are entirely responsible for the the potential breach of copyright and rights of third parties and they clear it up. In case of uncertainty You are responsible for consulting with legal representative.

15. Applicable law

This website is owned by Golden Empressa s.r.o., Bulharská 996/20, Vršovice, Praha 10, 101 00, Czech Republic. Although You can get access to this website from other parts of the world, accessing to them You agree that their use, the use of any material contained on this website is subject to the laws of the Czech Republic, regardless of how they differ from the laws of the State from which You access to the website of Operator. Any potential legal proceedings, conflict or action arising from this Agreement or relating to this Agreement must be begin before the court of the judicial authority in the Czech Republic.

16. Separability

If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect.

17. Term and Termination

Customer may terminate the validity of this Agreement only by a written statement sent to the Operator. The Operator has 30 days after receiving of such report to delete a Customer's account. The customer is aware that he buys digital content delivered online and therefore can not withdraw from this agreement.

The Operator has the right to terminate this Agreement in case of the Customer's serious breaching of this Agreement or trade conditions at any time and without compensations. Such termination shall not affect the Customer's other obligations under this Agreement.

The Operator reserves the right to change these terms and conditions at any time and without prior warning.