Terms and Conditions | Eliška Janoušová

General Terms and Conditions for the sale of photographs and digital content

Ing. Jaroslav Janouš
Headquarters: Jičínská 1747/3, 130 00 Praha 3
ID: 04459270

(hereinafter referred to as “Seller”)

for sale via the online shop located at: shop.eliskajanousova.com.

Seller’s contact details: Contact address
Contact e-mail: info@shop.eliskajanousova.com

Introductory provisions

These terms and conditions (within the meaning of § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, hereinafter referred to as the “Civil Code”) apply to purchases made in the online store eliskajanousova.com” through the web interface located at the internet address eliskajanousova.com (hereinafter also referred to as the “web interface”) operated by the Seller.
The Terms and Conditions define and specify the basic rights and obligations of the Seller, the Buyer and the User. The Buyer, by sending the order and also by confirming it in the web interface, confirms that he accepts these terms and conditions and that he has read them. The Purchase Agreement, i.e. The terms and conditions, including the order and its acceptance, will be sent to the Buyer by e-mail immediately after the conclusion of the purchase contract or will be attached to the goods at the latest upon delivery of the goods to the Buyer.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract (any contract concluded in accordance with these Terms and Conditions is referred to herein as the “Purchase Contract”). The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language, unless the Buyer and the Seller expressly agree on another language.
The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions under which they came into effect.
All contractual relations are governed by the Commercial Terms and Conditions and relations not governed by them by the Civil Code, and if the contracting party is a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended.
In cases where a person who intends to purchase goods from the Seller acts in the course of ordering goods within the scope of his business activity or within the scope of his independent exercise of profession, or is a legal person, the provisions of these Terms and Conditions on consumer protection, in particular the provisions of Art. 5 – Withdrawal from the Purchase Contract.

Definition of terms

A Buyer is a natural or legal person who intends to purchase goods through the web interface.Due to the current legislation, a distinction is made between a Buyer who is not a consumer and a Buyer who is a consumer.
A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him.
Goods sold through the web interface are digital products and artworks (photographs) specified in the web interface.

Order and conclusion of the purchase contract

The web interface contains a list of goods and information about them, including the prices of individual goods. The prices of the goods are inclusive of all taxes, duties and other charges. The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for as long as they are displayed on the web interface. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other, unless the Seller expressly states otherwise.
The presentation of the goods on the web interface is informative and does not constitute an offer by the Seller (or a proposal for the conclusion of a contract; § 1732 (2) of the Civil Code does not apply).
The Buyer orders the goods through the web interface (by filling in the form or otherwise) or by phone on the Seller’s Contact Phone, by e-mail on the Seller’s Contact E-mail. The order must always contain the exact name of the ordered goods (or the numerical designation of the goods), the number of pieces of goods, the chosen method of payment and delivery and the Buyer’s contact details (name and surname, delivery address, telephone number, e-mail address).
Prior to the binding dispatch of the order, the Buyer is provided with a recapitulation of the order, in particular the type and quantity of goods, the delivery address and the final price, including the delivery costs (depending on the chosen delivery method) and any charges associated with the chosen payment method. Within the recapitulation, the Buyer has the last possibility to change the data entered. The Buyer places a binding order via the “Order binding payment” button. The information provided in the binding order is considered correct by the Seller. The Buyer will be notified of the receipt of the order by the Seller.
The contractual relationship between the Seller and the Buyer arises (i.e. the purchase contract is concluded) upon delivery of the acceptance of the order (acceptance, hereinafter referred to as “order acceptance”), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic address, and if this does not occur, then the payment of the full purchase price or the acceptance of the ordered goods by the Buyer, whichever occurs first. Acceptance of the order (acceptance) may be part of the acknowledgement of receipt of the order (if expressly stated in the acknowledgement), or may follow separately from the acknowledgement.
If the Seller has doubts about the authenticity and seriousness of the order, he may contact the Buyer to verify it. The Seller reserves the right to refuse an unverified order. Such order shall then be considered as if it had not been placed.
The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (in particular costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
By the purchase contract, the Seller undertakes to deliver to the Buyer the goods specified in the order and the Buyer undertakes to take over the goods from the Seller or the carrier chosen by him and to pay the Seller the purchase price of the goods specified in the order. The purchase price shall include the costs associated with the delivery of the goods and any fees associated with the chosen method of payment, the amount of which is indicated in the web interface and will be indicated in the order and its acceptance.
In the event that there is an obvious technical error on the part of the Seller in the price of the goods in the web interface or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price even if the Buyer has been sent an acceptance of the order according to these terms and conditions.
The Seller shall notify the Buyer if the price indicated for the goods in the web interface or during the ordering process is no longer current. If the Buyer does not agree with the price increase, the Seller reserves the right to withdraw from the purchase contract.
The Buyer may cancel orders not yet confirmed by the Seller by sending an email message to the Seller’s email address. All orders accepted by the Seller are binding. Later cancellation of the order is possible only after agreement with the Seller. If an order for goods that cannot be cancelled is cancelled in this way, the Seller is entitled to compensation for the costs already incurred in connection with the purchase contract.

Payment and delivery terms

In justified cases (especially for orders with a total price over CZK 5,000), the Seller may require a deposit on the purchase price. The Seller is entitled to require payment of the full price of the goods before they are shipped or handed over to the Buyer.
The Buyer has the option to pay the purchase price for the goods to the Seller in addition to the other methods listed on the web interface:
1. cash on delivery
2. by wire transfer to the Seller’s bank account, the number of which will be provided to the Buyer in the order confirmation (hereinafter referred to as the “Seller’s account”)
Instructions and any additional payments of the Buyer in connection with the above methods of payment of the price of goods are indicated in the web interface, in the order and will be indicated in the acceptance of the order.
Payment for goods is possible in Czech crowns (CZK).
In the case of cash on delivery, the purchase price is payable on receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract. The Buyer’s obligation to pay the purchase price is fulfilled in case of non-cash payment at the moment of crediting the relevant amount to the Seller’s account.
Goods that are in stock, the Seller in the case of cash on delivery dispatches usually within 5 working days of receipt of the order. In the case of cashless payment, the Seller shall dispatch the goods in stock, as a rule, within 5 working days of crediting the relevant amount to its account.
Goods that are not in stock are dispatched by the Seller as soon as possible. The Buyer shall be informed in advance of the exact date.
Delivery methods are listed on the web interface. The specific method of delivery of the goods will be selected by the Buyer in the order and confirmed by the Seller in the acceptance of the order. In the event that the Buyer does not select the method of delivery in the order, it is determined by the Seller.
The cost of delivery of the goods depending on the method of shipment and receipt of the goods are indicated in the web interface, will be indicated in the Buyer’s order and in the acceptance of the order by the Seller.
In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a manner other than agreed, the Buyer is obliged to pay the costs associated with such delivery.
Delivery of the goods under these terms and conditions means the moment of delivery of the goods to the Buyer in accordance with the Purchase Agreement. Unreasonable refusal of the goods by the Buyer shall not be deemed to be a failure of the Seller to deliver the goods or a withdrawal from the contract by the Buyer.
Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier and the Seller of any defects. Refusal to accept the shipment due to damaged packaging shall not be considered as an unreasonable refusal of the goods. By signing the delivery note (or other similar document) the Buyer confirms that the shipment of goods has met all the requirements and acknowledges that a claim for goods due to damage to the packaging of the shipment is no longer possible.
In the event that the Buyer does not take over the goods and does not withdraw from the purchase contract in accordance with these terms and conditions, the Seller is entitled to compensation for the costs associated with the delivery of the goods and their storage (for storage at the Seller for each day of delay in the amount of a maximum of 10,- CZK, but a maximum of a total of 500,- CZK or up to the purchase price if it is less than 500 CZK), as well as other costs incurred by the Seller due to the non-acceptance of the goods by the Buyer, and also has the right to withdraw from the purchase contract.
The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods (including delivery costs), but not before taking possession of the goods.Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking possession of the goods, or at the moment when the Buyer was obliged to take possession of the goods but failed to do so in violation of the purchase contract.

Withdrawal from the purchase contract

According to § 1829 para. 1 lit. a) of the Civil Code, the buyer has the right to withdraw from the purchase contract within 14 days from the date of receipt of the goods. The Buyer may send the withdrawal from the purchase contract within this period to the Seller’s contact address or to the Seller’s contact e-mail. For withdrawal from the purchase contract can use the sample form provided by the Seller.
The Buyer acknowledges that it is not possible to withdraw from the contract in the cases specified in the provisions of § 1837 of the Civil Code.
Withdrawal from the contract of sale cancels the contract from the outset. The Goods must be returned to the Seller (other than by cash on delivery, which is not accepted by the Seller) within 14 days of withdrawal from the Purchase Contract to the Contact Address, to any of the Seller’s premises or to the Seller’s registered office. The Goods must be returned to the Seller undamaged, unworn and unsoiled and, where possible, in their original packaging.
The buyer shall enclose with the returned goods a copy of the delivery note and invoice, if issued, or other document proving the purchase of the goods, as well as a written statement of withdrawal from the purchase contract and the chosen method of refund (bank transfer, personal receipt of cash or postal order or otherwise). The statement must also include the Buyer’s contact address, telephone number and e-mail address.
Within ten days of the return of the goods by the Buyer, the Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are not damaged, worn out or partially consumed.The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to compensation for damages incurred by the Buyer. The Seller shall be entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the purchase price and delivery costs.
The Seller shall return to the Buyer all monies received, including the cost of delivery.The Seller shall return the money within 14 days of the Buyer’s withdrawal from the Purchase Contract, (i) in the same manner as received from the Buyer, or (ii) in the manner requested by the Buyer, (iii) but always by sending it to the bank account or account from which the funds were transferred to pay the Purchase Price (unless the Buyer has notified the Seller of any such account or account within 10 days of withdrawal), to which the Buyer hereby agrees, provided that no further costs are incurred by the Buyer in this way. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
If the Buyer has chosen a delivery method other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
When sending the goods, the Buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed. Goods substantially damaged or destroyed in transit due to the use of unsuitable packaging cannot be refunded the purchase price and delivery costs.
The costs associated with the return of the goods to the Seller in the event of withdrawal from the purchase contract by the Buyer shall be borne by the Buyer, even if the goods cannot be returned due to their nature by the usual postal route.
The Seller has the right to withdraw from the purchase contract in the cases specified in these terms and conditions and further in the event that the goods for objective reasons (the goods are no longer produced, the supplier has ceased to supply to the Czech Republic, its price or delivery costs have increased significantly) cannot be delivered under the original conditions, or the performance becomes objectively impossible, or if the Buyer has not settled all obligations to the Seller payable on the date of issuance of the order.
In the event that the Seller withdraws from the contract, the Seller shall immediately inform the Buyer of this fact. In case the Buyer has already paid the purchase price in full or in part, the amount received will be returned to him in cashless form to the account communicated to him for this purpose by the Buyer or the account from which the funds were transferred to pay the purchase price (if the Buyer does not communicate any within 3 days of the withdrawal to the Seller), within 10 days of the withdrawal from the purchase contract.
If a gift has been provided together with the goods, the gift contract shall cease to be effective upon withdrawal from the purchase contract by either party and the Buyer shall send the gift together with the returned goods.

Liability for defects

The Buyer’s rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).
When exercising rights from defective performance, the procedure is in accordance with the Seller’s Complaints Procedure.

Personal data protection

Protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer agrees to the processing and collection of the following personal data: name and surname, residential address and delivery and billing address, if different from the residential address, identification number and tax identification number, e-mail address and telephone number, or other personal data provided by the Buyer in the order or when registering a user account (hereinafter collectively also referred to as “personal data”), until the Buyer expresses his/her written disagreement with this processing.
The Seller may delegate the processing of the Buyer’s personal data to a third party as a processor.
The buyer has the right to access and correct his/her personal data, including other legal rights to such data. The Buyer declares that he/she has been informed that the personal data may be removed from the database upon written request of the Buyer. The Buyer’s personal data is fully secured against misuse. The Seller does not pass on the Buyer’s personal data to any other person. Exceptions are external carriers and persons involved in the delivery of goods to the Buyer, to whom the personal data of customers are transferred to the minimum extent necessary for the delivery of goods.
Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
In the event that the Buyer believes that the Seller or the processor carries out processing of his personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
1. ask the Seller or processor for an explanation,
2. require the Seller or processor to remedy the condition so created.
If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information. The Seller has the right to demand a reasonable fee for the provision of the information according to the previous sentence, not exceeding the costs necessary to provide the information.
The Buyer agrees to receive information related to the Seller’s goods, services or business at the Buyer’s email address. The Buyer further agrees to receive commercial communications from the Seller. Both consents may be revoked by the Buyer by sending an e-mail to the Seller’s Contact e-mail address or in writing to the Seller’s Contact address.
Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz/).
The web interface may use technical information obtained through the use of cookies. You can disable the use of cookies by adjusting your browser settings. If the use of cookies is disabled, the web interface may not be displayed in full. No personal data can be obtained through the use of cookies.

Final provisions

If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding laws of other states which provide the consumer with a higher level of protection.
In the event that any provision of the Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that most closely resembles the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The Purchase Agreement (including the Terms and Conditions) may be amended or supplemented only in writing.
In matters not covered by the Purchase Agreement (including the order and its acceptance) and the Terms and Conditions (or, where applicable, communications between the parties), the legal relationship shall be governed by the terms and conditions set out in the Web Interface. Information on the individual technical steps leading to the conclusion of the Purchase Contract can be found in the web interface.
Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through the postal service provider (at the sender’s choice). The Buyer shall be delivered to the e-mail address specified in his/her user account or in the order, or in the framework of communication between the parties.
The Buyer acknowledges that by acquiring the ownership right to the goods, the Buyer does not acquire the right to exercise the right to use the artistic work of art, as such use is characterized by Act No. 121/2000 Coll., the Copyright Act, as amended (hereinafter referred to as the “Copyright Act”), to a different extent than the Copyright Act allows. The mere conclusion of a purchase contract cannot in any way be regarded as the consent of the author of a work of visual art to the use of such work by the purchaser in a manner for which the express consent of the author is required under the Copyright Act. The Purchaser acknowledges that any use of the visual artwork other than that expressly permitted by the Copyright Act without the consent of the author may infringe the copyright of the author of the visual artwork. The Seller shall not be liable in any way for any infringement of the copyright of the author of the artwork by the Purchaser.
The Seller is authorized to sell goods on the basis of a trade license and the Seller’s activity is not subject to any other authorization. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority (http://www.coi.cz/) controls compliance with legal regulations concerning technical requirements for goods and safety of goods. Consumer rights are also defended by consumer interest associations and other consumer protection bodies.
Any complaints shall be handled by the Seller via the Contact Email, or the Buyer may contact the entities listed in the previous paragraph. The Seller is not bound by any codes of conduct in relation to the Buyer, nor does it voluntarily comply with any such codes (within the meaning of Section 1826(1)(e) of the Civil Code).
The content of the Seller’s website, all materials on it (texts, photographs, images, logos, etc.) and in related printed media (promotional leaflets, advertising, etc.), including the web interface software and these Terms and Conditions, is protected by the Seller’s copyright and may be protected by other third party rights. The Content may not be altered, copied, reproduced, distributed or used by the Buyer or User for any purpose by any third party without the written consent of the Seller. In particular, it is forbidden to make available for remuneration or free of charge photographs and texts placed on the web interface. Failure to comply with this prohibition will result in the Seller proceeding in accordance with copyright law. The names and designations of products, goods, services, companies and companies may be registered trademarks of their respective owners.
The web interface may use Google Analytics, provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files stored by the Buyer’s and Users’ computers on the Web Interface to enable analysis of how the Buyer and Users use the Web Interface. The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purposes of evaluating the use of the web interface and compiling reports on its activity for the Seller and the operator of the web interface and for the use of the Internet in general. Google may also provide this information to third parties if required to do so by law or if such third parties process this information for Google. Google will not associate the IP address of the Buyer and Users with any other data in its possession. The Buyer and Users of the web interface may refuse the use of cookies by selecting the appropriate settings in their browser, but in this case it is possible that the full functionality of the web interface may not be fully used. By using the web interface, Buyers and Users consent to the processing of data about them by Google in the manner and for the purposes set out above.
The Seller shall not be liable for errors resulting from third party interference with the web interface or its use contrary to its intended use. When using the web interface, the User and the Buyer shall not use any procedures that could have a negative impact on its operation and shall not perform any activity that could allow them or third parties to interfere with or make unauthorised use of the software or other components of the web interface and use the web interface or its parts or software in a manner that would be contrary to its purpose or intent.
The Purchase Contract, including the Terms and Conditions, is stored and archived by the Seller in electronic form and is not accessible to third parties (the provisions of these Terms and Conditions and the Act on the provision of the Purchase Contract and Terms and Conditions to the Buyer are not affected in any way). The Seller shall provide the Purchase Contract, including the Commercial Terms and Conditions, to the Buyer upon request in text form (in electronic form by email)
In the event of a question about the terms and conditions and the purchase contract, the Seller will provide the Buyer with all necessary information without delay.

These terms and conditions are valid and effective from 1. 1. 2024.