General Terms and Conditions

of the online gallery and e-shop “Potěšit oči”

1. Introductory Provisions

1.1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) govern the rights and obligations of persons using the online interface operated by Potěšit oči, z.s., ID No. 23816864, registered office: Mikoláše Alše 913/91, 798 11 Prostějov – Vrahovice, registered in the public register maintained by the Regional Court in Brno (hereinafter the “Operator”), in particular with respect to:

a) the use of the Operator’s website and other online platforms (hereinafter the “Platform”);
b) the purchase of digital photographs and, where applicable, other works or products (hereinafter the “Digital Content” or “Work”) through the e-shop located on the Platform (hereinafter the “E-shop”);
c) the provision of photographs and other works by authors for the purpose of their presentation and sale via the Platform.

1.2. Operator’s contact details:

Correspondence address: Mikoláše Alše 913/91, 798 11 Prostějov – Vrahovice
E-mail: info@potesitoci.cz
Telephone: +420 704 882 111
Bank details: 5565136004/5500

1.3. The Operator is a non-profit legal entity – an association (spolek) whose main purpose is to support public-benefit, cultural and charitable activities, including by operating an online gallery and organising charitable sales of photographs and other works; economic activities are carried out only as secondary activities for the purpose of supporting the association’s primary activities.

1.4. For the purposes of these Terms and Conditions, the following definitions apply:

a) User – any natural or legal person who visits the Platform, uses it or creates a user account on it.
b) Buyer – a User who, through the Platform, concludes with the Operator a licence agreement for the provision of Digital Content, or a purchase agreement for a physical product (e.g. a printed photograph).
c) Consumer – a Buyer who is a natural person acting outside the scope of their business activity or outside the independent exercise of their profession when concluding a contract with the Operator or otherwise dealing with the Operator.
d) Author – a natural person who is the author of photographs or other copyrighted works and grants the Operator a licence to use and offer them through the Platform.
e) Work / Digital Content – in particular photographs in digital form, as well as other copyrighted works within the meaning of Act No. 121/2000 Coll., the Copyright Act, as amended, which are offered, made available or sold via the Platform.

1.5. Provisions deviating from these Terms and Conditions may be agreed in an individual contract. Such provisions shall prevail over the Terms and Conditions.

1.6. These Terms and Conditions form an integral part of any contract concluded between the Operator and a Buyer or Author through the Platform.

1.7. The recipient of all monetary payments made through the Platform (in particular payments for Digital Content or physical products, as well as monetary donations provided via the Platform) is the Operator as an association; all funds received are used to ensure the primary and secondary activities of the association in accordance with these Terms and Conditions and the statutes of the Operator, and the remaining portion is used in full to support charitable projects.

2. User Account

2.1. The User may create a user account (hereinafter the “User Account”) in order to use certain functions of the Platform (e.g. managing purchased licences, uploading photographs, etc.).

2.2. When registering a User Account, the User must provide true, accurate and complete information. The User is responsible for updating such information in the event of any change.

2.3. Access to the User Account is secured by a username and password. The User is obliged to maintain the confidentiality of their login credentials and must not allow their use by any third party. In the event of loss, misuse or reasonable suspicion of such misuse, the User must notify the Operator without undue delay.

2.4. The Operator is entitled to cancel the User Account at any time, in particular if the User has not used the account for an extended period, breaches their obligations under these Terms and Conditions, or acts contrary to legal regulations or good morals.

2.5. The User acknowledges that the User Account and the Platform may not be continuously available, especially with regard to maintenance of hardware and software or necessary service shutdowns.

3. Nature of Services and Digital Content

3.1. Through the Platform, the Operator:

a) enables the presentation of Authors’ works (in particular photographs);
b) provides Buyers with licences to Digital Content under the conditions set out in these Terms and Conditions;
c) may also offer physical products (such as printed photographs, publications, or related items).

3.2. Unless expressly stated otherwise, the subject of the contract between the Operator and the Buyer is the provision of a licence to Digital Content, not the transfer of copyright or the sale of a physical medium.

3.3. In the case of an offer of physical products (such as printed photographs), the subject of the contract is a purchase agreement within the meaning of the Civil Code.

3.4. The Operator may, as part of its activities, carry out short-term and long-term projects (hereinafter “Association Projects”), which relate to its primary purpose, charitable activities or ancillary economic activities. Members of the association may participate in the implementation of such projects, either on a voluntary basis or under a contractual relationship.

3.5. Within Association Projects, the Operator is authorised to conclude contracts both with its members and with external experts and suppliers. When selecting persons and setting contractual terms, the Operator adheres to the principles of efficiency, purposefulness and transparency.

4. Order and Conclusion of the Contract

4.1. The presentation of Digital Content on the Platform is for informational purposes only and does not constitute an offer to enter into a contract within the meaning of Section 1732 of the Civil Code. The Operator is not obliged to conclude a contract.

4.2. The Buyer places an order through the E-shop; the order includes in particular:

a) identification of the selected Digital Content;
b) the chosen scope of the licence, if more than one variant is offered;
c) the price and payment method;
d) the Buyer’s consent to these Terms and Conditions;
e) in the case of Digital Content – the Buyer’s express consent to the commencement of the provision of Digital Content before the expiry of the withdrawal period and confirmation that the Buyer is aware that by giving such consent they lose the right to withdraw from the contract (Section 1837 letter l) of the Civil Code).

4.3. The Buyer submits the order to the Operator through the E-shop interface. The order constitutes the Buyer’s offer to conclude the contract.

4.4. The contract between the Operator and the Buyer is concluded at the moment the acceptance of the order (confirmation) is delivered to the Buyer at the e-mail address provided in the User Account or in the order.

4.5. Before confirming an order, the Operator is entitled to request additional confirmation from the Buyer (e.g. in writing or by telephone). If the Buyer fails to provide such confirmation within the period set by the Operator, the order is deemed not to have been concluded.

4.6. The Buyer agrees to the use of distance communication means when concluding the contract. Any costs the Buyer incurs in using these means (e.g. internet connection costs) shall be borne by the Buyer.

5. Price, Payment Terms and Charitable Character

5.1. Prices of Digital Content and any physical products are listed on the Platform, including all taxes and fees. The Operator is not a VAT payer unless otherwise indicated on the Platform.

5.2. The purchase price is paid cashlessly via a payment gateway, bank transfer or another payment method available in the E-shop. If a third-party service (payment gateway) is used, the terms of the third party also apply.

5.3. The contract becomes effective upon payment of the price. The Operator is entitled to provide Digital Content only after full payment has been received.

5.4. The Buyer acknowledges that a portion of the price is to be used by the Operator for charitable purposes or for supporting the activities and projects of the association, to an extent exceeding the costs necessary for its operation; specific information (e.g. minimum share of the price, identification of a supported project) may be published by the Operator on the Platform. This does not constitute a donation made directly by the Buyer to a third party; rather, it is the Operator’s use of revenues in accordance with its statutes, these Terms and Conditions, the purpose of its activities, and its association projects.

5.5. A User or Buyer may provide the Operator with a monetary donation (hereinafter the “Donation”) via the Platform, either in the form of:

a) a donation for charitable purposes, or
b) a donation for the operation and projects of the association.

The donor indicates the intended purpose of the Donation when providing it, or selects the relevant option in the Platform interface.

5.6. Donations for charitable purposes are used by the Operator exclusively to support charitable activities, in particular to support specific public-benefit projects and organisations. Proposals for the allocation of donations for charitable purposes are prepared by the Operator’s internal advisory body, unless the project is already linked to a specific charitable purpose. The Operator may publish the specific range of supported organisations and projects on the Platform.

5.7. Donations for the operation and projects of the association are used primarily to cover the necessary costs of operation (in particular operation of the Platform, administration, and basic functioning of the association) and further to finance association projects as defined in Articles 3.4 and 3.5.

5.8. When handling revenues from ancillary economic activities and received donations, the Operator follows the principle that necessary operating costs are covered as a priority; only thereafter are funds allocated to association projects and charitable activities. Individual association projects may themselves have a charitable character.

5.9. For the project “Postcard Book”, the Operator may retain no more than 15% of the total revenue collected from the sale of this product. These funds are used primarily to cover the association’s operating costs within the meaning of Article 5.8.

5.10. The remaining part of the revenue from the “Postcard Book” project (at least 85%) shall be used by the Operator exclusively to fund charitable activities under Articles 5.6 and 5.7.

6. Delivery of Digital Content and Physical Products

6.1. Digital Content is generally made available to the Buyer immediately after payment of the price, namely:

a) by providing a download link to the file (e.g. JPG, PNG, TIFF or other commonly used formats);
b) by making the Digital Content accessible within the User Account.

6.2. The Operator is not liable for the impossibility of downloading or using the Digital Content caused by the technical parameters of the Buyer’s device or software, malfunctioning internet connectivity, or third-party interference, unless such impossibility was caused by the Operator.

6.3. In the case of physical products, the delivery period and delivery method are specified in the E-shop. The risk of damage or destruction of the goods passes to the Buyer upon receipt of the goods from the carrier.

7. Licence Terms for Buyers (Non-Commercial Use)

7.1. By concluding the contract and paying the price, the Buyer obtains a non-exclusive, territorially unlimited, time-unlimited, non-transferable and non-sublicensable licence to the Digital Content (the photograph or other Work), strictly for personal, non-commercial use.

7.2. Personal, non-commercial use includes in particular:

a) storing the Digital Content on the Buyer’s personal device;
b) using it as wallpaper or screensaver;
c) printing it for personal use (e.g. home decoration) without further distribution;
d) any other use that does not directly or indirectly serve to generate profit, promote business activities, or perform a profession.

7.3. The Buyer is not entitled in particular to:

a) sell, license, rent or otherwise provide the Digital Content or its copies to third parties;
b) use the Digital Content in any commercial or advertising manner (e.g. in marketing materials, on a business website, in a logo, on product packaging, in merchandising, except for non-commercial presentations);
c) use the Digital Content in connection with any brand, logo or other designation;
d) make the Digital Content available to the public, i.e. in particular publish it on the internet (social networks, websites, online galleries), broadcast, transmit or otherwise communicate it to the public;
e) modify the Digital Content in a manner that would interfere with the Author’s moral rights, in particular if such modification could devalue the Work or use it in a context diminishing the dignity of the Author or third parties;
f) remove or alter copyright notices, technical protection measures or rights-management information contained in the Digital Content (e.g. watermark, EXIF data, etc.).

7.4. Any use of the Digital Content beyond the scope of the licence under Article 7.2 constitutes a copyright infringement. For commercial or extended use, a separate licence agreement must be concluded with the Operator and/or directly with the relevant Author.

7.5. The licence is granted for the duration of the economic copyright in the respective Work, unless it terminates earlier (e.g. by withdrawal from the contract due to a material breach of obligations by the Buyer).

7.6. The licence is granted at the moment the Digital Content is made available to the Buyer.

8. Copyright, Protection of Content and Use of the Platform

8.1. All Digital Content published on the Platform is protected by copyright and other intellectual property rights. The copyright and economic rights to the Works belong to the Authors, or to the Operator if authorised under licensing agreements with the Authors.

8.2. The User acknowledges that, without a specific written consent of the Operator or the relevant Author, the User is not entitled to:

a) copy, download, modify or otherwise use any Digital Content from the Platform that has not been duly purchased;
b) circumvent technical protection measures;
c) download data automatically (e.g. through scraping, robots, crawlers, etc.);
d) interfere with the operation, security or integrity of the Platform.

8.3. The Operator may display on the Platform the names of Authors, identification of their works, information about supported charitable projects and other content. The User undertakes to respect such information and refrain from any misuse thereof.

8.4. By breaching these obligations, the User may cause damage to the Operator or to third parties, for which the User is liable under general legal regulations. A serious breach may lead to immediate cancellation of the User Account and to the enforcement of claims arising from copyright infringement, including claims under Sections 40 et seq. of the Copyright Act.

9. Conditions for Authors

9.1. Relations between the Operator and Authors regarding the granting of licences to photographs and other works are primarily governed by individual licensing agreements concluded between the Operator and the respective Author. These Terms and Conditions supplement such agreements.

An Author who uploads or otherwise provides their works to the Operator through the Platform declares that:

a) they are the exclusive holder of the economic copyright to the relevant Work;
b) the Work is not encumbered by third-party rights (in particular rights of other authors, co-authors, performers, etc.);
c) they have obtained all necessary permissions for the use of depicted persons, trademarks, copyrighted works of third parties or other intellectual property objects captured in the Work; where required, the Author ensures the existence and validity of model releases or property releases;
d) by providing the Work and granting a licence, they do not infringe any legal regulations or third-party rights.

9.3. The Author acknowledges that the Operator may offer the Work to Buyers at prices unilaterally determined by the Operator and that the proceeds from the sale may be used to finance the Operator’s activities and to support charitable projects.

9.4. The Author may agree with the Operator whether they are entitled to a share of the proceeds from the sale of their Work, or whether they grant the licence free of charge for the purpose of supporting charitable projects. Specific arrangements are part of the individual licensing agreement.

9.5. The Operator undertakes to appropriately credit the Author in connection with their Work (name, pseudonym, link to profile), unless otherwise agreed between the parties.

9.6. The Operator reserves the right to refuse the inclusion of a Work on the Platform or to remove it at any time, in particular if the Work is contrary to legal regulations, public morals, the values of the Operator or the focus of the Platform.

10. Withdrawal from the Contract and Rights Arising from Defective Performance

10.1. Digital Content

10.1.1. The Buyer – Consumer acknowledges that, in the case of a contract for the supply of Digital Content which is not supplied on a tangible medium, the Consumer has no right to withdraw from the contract if performance has begun with their prior express consent before the expiry of the withdrawal period and they were informed of this in advance (Section 1837 letter l) of the Civil Code).

10.1.2. The Operator provides Digital Content in a form corresponding to the description and previews available on the Platform. If the Buyer considers the Digital Content to be defective (e.g. the file cannot be opened or the content is clearly different from what was described), they must notify the Operator without undue delay, no later than 30 days from the provision of the Digital Content.

10.1.3. In the event of a defect, the Buyer is entitled in particular to:

a) the provision of a new, defect-free copy of the Digital Content; or
b) an appropriate price reduction, if the defect cannot be remedied.

10.1.4. Defects caused by the technical limitations or settings of the Buyer’s device are not considered defects of the Digital Content.

10.2. Physical Products

10.2.1. In the case of a purchase contract for a physical product, the Consumer has the right to withdraw from the contract within 14 days from receipt of the goods without giving any reason, unless an exception under Section 1837 of the Civil Code applies to the specific product (e.g. goods customised to the Consumer’s request – individually produced prints).

10.2.2. Details of the withdrawal procedure (return address, form, deadlines) shall be published by the Operator on the Platform or communicated to the Consumer together with the order confirmation.

10.2.3. The Consumer asserts rights arising from defective performance in accordance with the relevant provisions of the Civil Code. Complaints may be submitted to the Operator using the contact details specified in Article 1.2.

11. Personal Data Protection

11.1. When processing the personal data of Users and Buyers, the Operator complies with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data.

11.2. The scope, purposes and legal bases for the processing of personal data, including data provided when registering a User Account, entering into a contract or making a payment, are described in detail in the Information on Personal Data Processing published on the Platform.

11.3. If a photograph or other Digital Content depicts an identifiable natural person, the Operator is entitled to publish such work only under the conditions laid down by applicable law (in particular Sections 84 et seq. of the Civil Code and the GDPR), or on the basis of consent from the data subject or the Author who ensures the existence of such consent.

11.4. The indication of the Author’s name next to their Work on the Platform constitutes processing of personal data. The Author may be credited on the basis of their consent and in connection with the exercise of their right to be identified as the author of the Work.

12. Liability and Compensation for Damage

12.1. The Operator is liable for damage caused to the User as a result of a breach of its legal obligations, to the extent provided for by generally binding legal regulations.

12.2. The Operator is not liable in particular for:

a) damage caused by improper use of the Platform or Digital Content in breach of these Terms and Conditions or legal regulations;
b) damage resulting from force majeure, internet outages or other circumstances beyond the Operator’s control;
c) damage arising from unauthorised interference by a third party with the Platform or with the User’s device.

12.3. The User is liable for any breach of these Terms and Conditions, legal regulations or third-party rights (in particular the rights of Authors or other rights holders) and is obliged to compensate the Operator or affected third parties for any damage caused, including non-material harm and reasonable legal costs.

13. Final Provisions

13.1. The legal relations between the Operator and the User, Buyer or Author shall be governed by the laws of the Czech Republic, in particular the Civil Code and the Copyright Act.

13.2. If any provision of these Terms and Conditions is found to be invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity or effectiveness of the remaining provisions. The invalid or ineffective provision shall be replaced by a provision whose meaning most closely corresponds to the original provision.

13.3. Disputes between the Operator and the Consumer may be resolved out of court through the Czech Trade Inspection Authority (www.coi.cz). This does not affect the right of either party to bring the dispute before a court with subject-matter and territorial jurisdiction.

13.4. The Operator is entitled to unilaterally amend or supplement these Terms and Conditions, in particular due to changes in legal regulations or an expansion of the Platform’s services. The new version of the Terms and Conditions becomes effective on the date of its publication on the Platform, unless the Operator specifies a later effective date. Contracts already concluded shall be governed by the version of the Terms and Conditions effective at the time of conclusion of the respective contract.

13.5. The Operator strives for transparent communication with the public regarding the use of funds obtained through the Platform. To that end, it prepares and, within a reasonable period after the end of each calendar year, publishes on the Platform or another publicly accessible communication channel a brief annual report containing in particular an overview of the association’s main activities for the year and essential information on the use of funds obtained from ancillary economic activities and donations.

13.6. These Terms and Conditions take effect on 17 December 2025.