Terms & conditions

I.Basic provisions

The legal relationships of the parties when providing services from the service provider’s offer on the website www.fotoboss.cz/en are governed by Czech law, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter also the “CC”), and by these terms and conditions (hereinafter also the “T&C”).

II.Terms and conditions

The T&C are issued pursuant to Section 1751(1) of the CC and apply to all service contracts whose subject matter is the provision of a service from the service provider’s offer, concluded between the service provider and the customer, whereby they are, or become, an integral part of every such order, determine part of its content and are binding for the legal relationships between the service provider and the customer under the contract. Any diverging arrangements in the contract take precedence over the provisions of the T&C. The customer agrees to these T&C and declares acceptance of the obligation to comply with them, and also consents to the use of means of distance communication for concluding the contract.

The service provider reserves the right to change the T&C. Such a change becomes effective towards the customer at the moment the service provider notifies the customer of it. The service provider gives notice by publishing the new wording of the T&C on the website www.fotoboss.cz/en.

III.Service order and contract

• The customer may place an order only electronically, after having read and agreed to these T&C. An order placed by the customer is binding on the customer. The customer will be asked by e-mail to confirm the order.
• The order is the customer’s proposal to conclude a contract for the provision of a service. The contract is concluded if the service provider accepts the order while it is binding. The service provider accepts it by sending an e-mail containing an explicit specification of the ordered service and the final price. The customer confirms this order via a link to the service provider’s website. The customer is entitled to unilaterally cancel even a binding order at any time before the order is accepted by the service provider. A contract concluded in this way may be amended or cancelled only by mutual agreement of both parties, or on the grounds and in the manner laid down by law or by these T&C.
• On the basis of the concluded contract, the Seller undertakes in particular to deliver digital content to the Buyer and/or to carry out the work or provide the service under the concluded contract and to enable the Buyer to acquire ownership/a licence to the goods and/or 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 Seller the agreed price for it, and any delivery charges.
• The contract is concluded in the Czech language only.

IV.Price of the service, delivery charges – amount and due date

The price of the service is determined by the service provider’s price list in the amount stated there for the particular service on the day the customer placed the order. The service provider is not a VAT payer. The service provider reserves the right to change the price list. A change to the price list becomes effective at the moment it is published on www.fotoboss.cz/en/pricing. The price of the service provided is always due on the basis of an issued invoice, by bank transfer or in cash.

V.Performance of the service

On the website www.fotoboss.cz/en/pricing the customer selects the scope of the service and fills in the form. The crew delivers FOTOBOSS to the agreed address one hour before the agreed start of the photo session. The crew sets FOTOBOSS up and tests it. Photography starts at the agreed time. Unless agreed otherwise, FOTOBOSS is operated exclusively by trained staff. After the agreed time has elapsed, the crew dismantles FOTOBOSS and takes it away. Photographs in electronic form are delivered after the event, once the payment has been credited to the Provider’s account.

VI.Complaints procedure

The service provider is liable to the customer for the service being free of defects on acceptance. If the service is not in conformity with the contract at the time of the photo session, the customer has the right to have the service provider bring it into a state corresponding to the contract, free of charge and without undue delay. This does not apply if the customer knew about the non-conformity before acceptance or caused it themselves.

The customer exercises rights arising from defects with the service provider, on the spot and without delay. The customer is obliged to inform the crew that the service has a defect, and the crew must resolve the defect on the spot. If the defect cannot be remedied on the spot, the Provider will refund the Customer’s money in full and provide a 15% discount on any further purchase of the service.

VII.Personal data protection and sending commercial communications

Any data about the customer, including personal data, as well as about all persons acting towards the service provider on the customer’s behalf, is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. The full protection terms in accordance with the GDPR can be found in the document INFORMATION ON THE PROCESSING OF PERSONAL DATA, linked in the footer of www.fotoboss.cz/en.

VIII.Final provisions

The legal relationships between the customer and the service provider are governed by Czech law and by these T&C. If any provision of these T&C is or becomes invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these T&C.