General terms and conditions
General terms and conditions for the sale of photos
1. Definition of terms
1.1. Provider The service provider on the zosport.sk website is Arila s.r.o. with registered office at Vodárenská 1700/11, 911 01, Trenčín, ID: 55 653 154, registered in the commercial register of the Trenčín District Court under file number 45672/R The Provider is qualified for the business activity in question and is fully authorized to grant the Acquirer a license or sublicense for its use in the manner and to the extent stated below.
1.2. Acquirer The acquirer is a natural or legal person who filled out and sent the order to the Provider, and to whom the provider grants a license or sublicense to use photos in the manner and to the extent specified in these business conditions.
1.3. The photo A photograph means an author's photographic work made with photographic techniques, which is placed in electronic form on the Provider's website.
1.4. License A license or sublicense (hereinafter referred to as "License") means the authorization to use a photograph in the manner and to the extent set forth in these terms and conditions (hereinafter referred to as "Product"). The License is granted by the Provider to the Acquirer at the moment of payment of the price of the Product to the Provider's account.
1.5. An order An order means an electronic order for a Product from the Provider's website.
2. Subject of general terms and conditions
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the sale of the Product on the Operator's website. The General Terms and Conditions regulate the rights and obligations of the Provider and the Acquirer when granting a License to use a photograph.
3. Copyright, License and Photo
Use The provider declares that it has all the necessary copyrights and is the authorized user of the photograph based on its own creative activity or through the acquisition of a license in accordance with the Copyright Act, which authorizes it to grant a sublicense in relation to the photograph. The Provider grants the License exclusively for the private and non-commercial purposes of the Acquirer. The license is not limited in time and place. The acquirer is not authorized to sell, rent, modify, incorporate into another work and exhibit or use the photograph in any other commercial way without the prior written consent of the Provider. The publication or use of the photograph for commercial purposes is subject to the prior written consent of the Provider and the conclusion of an agreement between the Provider and the Acquirer on the extension of the license for an individually agreed price.
4. Violation of the agreed way of using the photo,
Exceeding the scope of the License In case of exceeding the scope of the License and violation of the agreed method of use of the photograph in accordance with Art. 3 of the General Terms and Conditions, the Purchaser is obliged to pay and the Provider is entitled to a contractual fine of EUR 500. Payment of the contractual fine does not affect the Provider's right to compensation for the damage caused.
5. Order and delivery of the Product
5.1. Execution of the order
The order is placed on the zosport.sk website, where the Purchaser selects the photo he is interested in. The order is considered valid and concluded at the moment of confirmation of the order by the Purchaser on the Provider's website and payment of the price according to Art. 6. The provider reserves the right to refuse the order, i.e. provision of the Product in the event that it believes that the rights to the protection of personality or personal data of the person whose likeness is recorded in the photograph could be violated.
5.2. Payment for the order
Payment for the Product is made without cash to the Provider's account, or by using a payment card in favor of the Provider's account. Payment is considered to have been made by crediting funds to the Provider's account; in the case of payment by payment card, the moment of successful payment through the payment gateway.
5.3. Delivery of photos (data files)
After payment of the order for the Product, the Provider sends the Purchaser an email/message with a unique link to download the data file. The photo is delivered exclusively in jpg/jpeg format with a minimum resolution of 12 megapixels. The Purchaser is obliged to download the photo / data file within 21 days from the payment of the order. After this period, the delivery of the Product is considered to have been successfully completed.
5.4. Another method of delivery and payment for the order
Another method of delivery and payment of the order is possible upon mutual agreement between the Provider and the Purchaser.
6. Price and payment terms
The price for the Product is determined individually as the price for each individual photo with a subsequent license separately, or as the price for a set of photos with licenses determined by the Provider. The listed prices are final, in EUR. The provider is not a VAT payer.
7. Withdrawal from the contract
By providing a link to download electronic content, the Purchaser loses the right to withdraw from the contract in accordance with section § 7 par. 6 of Act no. 102/2014 Coll.
8. Complaint Photo
, which are the subject of the offer on the zosport.sk website, have a reportage character and are sold in a quality (in terms of sharpness, brightness and color) that corresponds to the photo previews, without any protective watermark. The provider is not responsible for the appearance of the person and environment captured in the photo. It is not possible to make a claim based on the above facts. Complaints can be made in the following cases: a) broken photo download link, b) a broken file detected within 14 calendar days from the successful payment of the order, c) the correct link to download the photo, which, however, does not correspond to the preview that was the subject of the order, d) photographs with a resolution of less than 12 megapixels.
9. Personal data and personality protection
The rules of personal data processing and legal aspects of personal protection are stated in a separate document located on the Provider's website.
10. Final Provisions
The Provider is not responsible for damages caused by the use of the Product by the Purchaser or a third party. These General Terms and Conditions enter into force on the day of publication and replace all previous terms and conditions. The law applicable in the Slovak Republic is applied to the legal relations arising from the business relationship between the Provider and the Acquirer. The courts of the Slovak Republic have exclusive jurisdiction for resolving all disputes arising from the relationship between the Provider and the Purchaser according to these GTC.
The competent authority supervising legality in the field of consumer protection is: Inspectorate of the Slovak Trade Inspectorate for the Trenčín Region, with headquarters at Hurbanova 59, 911 01 Trenčín, phone number: 032/6400109, email: email@example.com