Terms and Conditions
Lucie Šimonovská - fotoboss.cz, with registered office V jezírkách 1540/6, Prague 149 00, ID No.: 14121204
(hereinafter referred to as the "Service Provider")
I.
Basic provisions
Legal relations of the participants in the provision of services from the service provider's offer on the website www.fotoboss.cz is governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the "CC") and these Terms and Conditions (hereinafter referred to as the "T&C").
II.
Terms and Conditions
The POs are issued in accordance with Section 1751(1) of the CC and apply to all service contracts, the subject of which is the provision of services from the service provider's offer, concluded between the service provider and the customer, whereby they are or become an integral part of each such order, determine part of its content and are binding for the regulation of the legal relations between the service provider and the customer under the contract. Any deviating provisions of the contract shall prevail over the provisions of the PO. The Customer agrees to these OPs and declares acceptance of the obligation to comply with them, as well as agrees to the use of means of distance communication for the conclusion of the contract.
The Service Provider reserves the right to change the OP. Such a change shall be effective against the Customer at the time the Service Provider notifies the Customer. Notification shall be made by the service provider by publishing the new version of the PO on the website of the www.fotoboss.cz.
III.
Service order and contract
- The customer is entitled to place the order only electronically after familiarizing himself with these Terms and Conditions and after their approval. The order placed by the customer is binding for the customer. The customer will be asked by e-mail to confirm the order.
- An order is a proposal by the customer to enter into a contract for the provision of a service. The contract is concluded if the service provider accepts the service at the time of its binding. Acceptance is made by the service provider by sending an e-mail message containing an explicit specification of the ordered service and the final price. The customer confirms the order via a link to the service provider's website. The customer is also entitled to unilaterally cancel a binding order at any time before the service provider accepts the order. The contract concluded in this way may be amended or cancelled only by mutual agreement of both parties, for the reasons and in the manner provided by law or these T&C.
- On the basis of the concluded contract, the Seller undertakes in particular to supply the Buyer with the digital content and/or to perform the work or to provide the service according to the concluded contract and to enable the Buyer to acquire the ownership/licence to the goods and/or to the work, and the Buyer undertakes in particular to take over the goods/digital content and/or the work and/or the subject of the service and to pay the agreed price or, where applicable, the transport costs to the Seller.
- The contract is concluded in Czech only.
IV.
Service price, transport fee - amount and due date
The price of the service shall be determined according to the price list of the service provider in the amount in which it is indicated for the specific service on the date the customer placed the order. The Service Provider is not subject to VAT. The Service Provider reserves the right to change the price list. The change of the price list is effective at the moment of publication on the server www.fotoboss.cz/cenik. The price of the service is always payable on the basis of the invoice issued by transfer to the account or in cash.
V.
Execution of the service
The customer selects the scope of service and fills out a form on the www.fotoboss.cz/cenik website. The operator will deliver the FOTOBOSS to the agreed address to the customer one hour before the agreed photography session. The operator will set up and test the FOTOBOSS. At the agreed time the photography will begin. Unless otherwise specified, the FOTOBOSS is operated exclusively by trained operators. At the end of the contracted time, the operator will put the FOTOBOSS down and take it away. The photographs in electronic form are delivered after the event, once the money has been credited to the Provider's account.
VI.
Complaints Procedure
The service provider is liable to the customer for the fact that the service is free from defects upon receipt. If the service is not in conformity with the contract at the time of taking the photographs, the customer has the right to have the service provider restore the service free of charge and without undue delay to a condition in conformity with the contract. This does not apply if the customer knew of the non-conformity before acceptance or caused it himself.
The customer shall assert the rights arising from defects with the service provider on the spot without delay. The customer is obliged to inform the service provider that the service is defective and the service provider must resolve the defect on the spot. If on-site repair of the defect is not possible, the Service Provider shall refund the Customer in full and provide a 15% discount on any further purchase of the Service.
VII.
Data protection and sending commercial communications
Any data about the customer, including personal data, as well as all persons who act in relation to the service provider on behalf of the customer, are stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. You can read the complete terms of protection in accordance with GDPR in the file INFORMATION ON THE PROCESSING OF PERSONAL DATA, which you can find in the footer of the website www.fotoboss.cz.
VIII.
Final provisions
Legal relations between the customer and the service provider are governed by Czech law and these Terms and Conditions. If any provision of these OPs is or becomes invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of these OPs.
These OPs take effect on 24 April 2022.