TERMS AND CONDITIONS
1. Article COMMON TERMS AND DEFINITIONS
Common terms and conditions include and define sale and purchase operations made on long distance. Company OCEANUS, PODVODNA FOTOGRAFIJA, ANDREJ VOJE S.P, ID 63896994000, having its registered seat at Češnjice pri Moravčah 14B, 1251 Moravče, Slovenia (hereinafter referred as to "Provider") and represented by Andrej Voje. User who perform any purchase on Providers's web page (hereinafter called the "Customer") could be any natural person or legal entity. Products offered by Provider on its web page are e-photos, e-books and printed photos. All e-photos, available on this web page, are in JPG format. All e-books, available on this web page, are in PDF format and their printing is not allowed and enabled. Customer has to verify by himself if he has an appropriate software for using e-photos and/or e-books installed on his device. Common terms and conditions have to be used in relation to sale and purchase services provided on the Provider's web page. It is assumed that the Customer agrees with the common terms and conditions and accepts them when anyhow using Provider's web page. It is assumed as well that the Customer agrees with the purchase procedure. It is suggested to Consumer to print Terms and Conditions or at least save them on his device.
2. Article AUTHORSHIP AND USAGE
All e-photos, e-books and printed photos, available for purchase in the Provider's web store on its web page are the origin work of author Andrej Voje and copyright by Andrej Voje and are his property. Furthermore all photos published in all e-books available for purchase in the Provider's web store are the origin work of author and copyright by Andrej Voje and are his property as well. All e-photos, e-books and/or printed photos may be used by Customer for his personal usage only. It is strictly forbidden to anyhow change the content of any e-photo, e-book and/or printed photo. Further it is strictly forbidden to copy, to print, to sell, to distribute to the third legal or natural person, to distribute under other name, to use for comercial or advertisment purposes or anyhow misuse any e-photo or e-book including any type of distribution available in any form known in the present or in the future. As the commercial or advertisment purposes are deemed to be all the publications, wheather they are payable or not regardless to all media types (internet, printed issues, TV, other medias). All e-photos available in the galleries for preview on the Provider's web page are copyright and it is forbidden to copy them from the web page.
3. Article PAYMENT METHODS AND PURCHASE PROCEDURE
Web store is an information system used for presentation, sale and purchase of e-photos, e-books and/or printed photos on long distance. Customer guarantees that all entered data into the Providers's web store information system are accurate, complete and truthful. Providers does not take any responsibility for harm and damage, which could appear to customer when entering the data non-accurate, non-truthful or/and incomplete data.
PAYMENT METHODS
There are following purchase methods available in the Provider's web store:
• By using PayPal service and accepting terms and conditions valid for PayPal service which are published on the web page of Paypal service provider https://cms.paypal.com/si/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US.
• By prepayment on the Provider's account; in this case the Customer has to enter mandatory the reference when paying the items on this way. Reference is available and marked on the pro forma invoice.
PURCHASE PROCEDURE
The steps of the purchase procedure of e-photos, e-books and/or printed photos are as follows:
• While previewing e-photos and/or e-books on Provider's web store Customer can add the selected e-photo in an appropriate size or selected e-book or selected printed photo in an appropriate size into the shoping cart with click on »Add to cart« button or »Buy PDF« button
• During purchase procedure Customer can check the content and the purchase value of the shoping cart any time with click on »Shoping cart« link. Untill and including this phase the Customer can any time remove the previously selected items from the shoping cart with selection of appropriate items and clicking on »Remove« link
• After completed selection of e-photos, e-books and/or printed photos Customer has to select payment method by clicking an apropriate button to continue the purchase procedure. This action is formally considered as beginning of purchase.
• In the next step the Customer has to enter the requested data and confirm the purchase by selecting the »Submit« button. By selecting »Submit« button Customer confirms the acceptance of Provider's terms and conditions. In case when at least one printed photo has been added to the shoping cart, the Customer has to enter his/her full postal address for the delivery of printed photo(s). The purchase procedure in the Provider's web store is concluded by selection of »Submit« button.
• If the Customer selects prepayment as a purchase method the Customer will receive on his e-mail address an invoice from Provider. The Customer has to pay at the latest in five days from the invoice issue the full amount on the Provider's bank account with all the requested data. At the latest in five days from receiving the prepayment on the Provider's bank account the Customer will receive on his e-mail address a notification that the payed items are stored on the Provider's server in a separate folder. There are a link to the Customer's folder and the password for access the folder included in the e-mail. Customer has to copy the folder content at the latest in five days to his device. After expiration of this period the folder will be automatically deleted and removed from the Provider's server. Consecutively the Customer will not be able to access the purchased items.
• If the Customer selects PayPal as a purchase method the Customer will after successfully performed authorization by PayPal service provider receive on his e-mail address a notification about successfully performed purchase. There are a receipt for purchased items, a link to the Customer's folder and the password for access the folder included in the e-mail. Customer has to copy the folder content at the latest in five days to his device. After expiration of this period the folder will be automatically deleted and removed from the Provider's server. Consecutively the Customer will not be able to access the purchased items.
The ordered goods belong to the Provider until the full payment is executed by Customer despite the circumstances that the goods had already been delivered to the Customer. If the Customer performs the purchase by PayPal it is considered that the purchase has been performed as of the date of successfully performed authorization by PayPal service provider. If the Customer perform the purchase with prepayment it is considered that the purchase has been performed as of the date of receiving the full amount on the Provider's bank account.
4. Article PRICES
All the prices in the Provider's web store are in Euro (€) currency and do not include VAT and are valid on the day of sending the order. VAT rate is 22% and is added for all the purchased articles together at the end in the receipt. The prices are valid for goods in the Provider's web store. The Provider reserves a right to change the prices without any previous notification of Customer. In case of prepayment the Customer from »non-Euro countries« has to perform a payment in Euro (€) currency as stated on the invoice. Prices for printed photos include postage for delivery independent from the destination country.
5. Article DELIVERY
Provider assures that the purchased e-photos and/or e-books will be delivered to the Customer in one day as the latest after the order is confirmed by the Customer. The goods will be delivered in automatically created folder on the Provider's server. If the Customer performed the purchase by using Paypal service, there will be an e-mail sent by Provider to his e-mail address including the receipt in PDF format, link to the Customers's folder and password to access the folder on the Provider's server. If the Customer performed the purchase by using prepayment the Customer will receive an invoice from Provider on his e-mail. In five days as the latest, from receiving the prepayment on the Provider's bank account, the Customer will receive on his e-mail address a notification that the payed items are stored on the Provider's server in an automatically generated folder with a link to the Customer's folder, password for access the folder and receipt in PDF format. Customer has to copy the folder content at the latest in five days on his device. After expiration of this period of 5 days the folder will be automatically deleted and removed from the Provider's server. Consecutively the Customer will not be able to access the purchased items.
Provider assures that the purchased printed photos will be forwarded to his business partner for printing. Further Provider assures that the purchased printed photos will be delivered at the latest in five working days for the delivery. Postal delivery is performed by Pošta Slovenije d.o.o., Slomškov trg 10, 2500 Maribor, Slovenia. Printed photos will be delivered in compact carton cornets of appropriate size as a registered mail. Provider assures the delivery to and country world wide. Provider does not take any responsability for the delivery delays, in case of lost or damaged shipment or in case of wrong Customer’s postal address since it has no influence to any of the above mentined circumstances.
6. Article PURCHASE RETREAT AND PURCHASE VALIDITY
Purchase retreat is not possible after click on »Submit« button which is considered as a purchase confirmation when Customer selected PayPal service as purchase method. In this case the Cutomer has no right to request the return the payment. In case when the Customer exit the web store before completing the purchase procedure it is considered that the purchase has not been performed. In this case the Customer and Provider do not have any obligation to each other.
If the Customer selected prepayment as purchase method purchase retreat is possible when the Customer does not pay the full payment on the Provider's bank account at the latest in five days after issued invoice by Provider. In this case it is considered that the Customer retreat from the purchase and Provider does not have any obligations to the Customer. In case when the Customer pay the full payment on the Provider's bank account after expiration of above mentioned five days period Provider does not have any obligations to the Customer as well. In case when the Customer does not pay the full payment on the Provider's bank account at the latest in five days after issued invoice by Provider, Provider does not have any obligations to the Customer as well. However despite these circumstances the Provider assures to strive with all one's might to solve the situation to satisfy both, the Provider and the Customer, as well.
In case when Customer selected PayPal service as purchase method it is considered that the purchase contract between Provider and Customer has been made with the succesfully performed authorization by PayPal service provider. In case when the authorization by PayPal service provider is rejected it is considered that the purchase contract between Provider and Customer has not been made. In this case Provider does not have any obligations to the Customer. In this case the Customer is notified as stated in terms and conditions of PayPal service provider.
In case when Customer selected prepayment as purchase method it is considered that the purchase contract between Provider and Customer has been made on the day when full payment is received on the Provider's bank account.
Purchase contract between Provider and Customer is performed in Slovenian languageand is stored in written form on Provider's company address.
7. Article CLAIMS
Due to any unexpected reason as are force majeure such as natural disasters, loss of power supply for long-term or long disruption of the Internet.force majeure there could be some faults or errors while operating the web store or while performing the purchase including downtime of the Provider's web page and/or web store. For purchases performed in such conditions the Customer has possibility to send a claim via e-mail to the Provider's e-mail address problem@oceanus.si. The complaint has to include the reference payment number in field »Subject«. Faults, which could appear and could be subject of complaint, are:
• faulty delivered goods,
• faulty quantity of delivered goods,
• impossible access to the Provider's server and/ or Customer's folder on this server, where purchase good are stored,
• other faults as defined with an appropriate Slovenian legislation za predmetno področje.
Provider assures to strive with all one's in order to solve the claim to satisfy both the Provider and the Customer. Provider will inform the Customer about the solution of the claim via e-mail within ten days from the date of receiving the Customer claim on the above mentioned e-mail address. All the communication between the Provider and Customer from Slovenia is performed in Slovenian language and shall be in written. All the communication between the Provider and Customer outside Slovenia is performed in English language.
Provider offers on his web page to the Customer a free participation in the quiz »Treasure Hunt« with a prize for fun and amusement. If the Customer answers on all ten randomly selected questions correctly then he has a right for a promotion award according to the quiz rules which are defined at the quiz beginning. In case when the Customers answers on all ten randomly selected questions correctly and does not receive in his e-mail address two e-photos within the one day, the Customer can send an e-mail claim to the Provider's e-mail address treasure@oceanus.si. Provider assures to check the claim as soon as possible but within ten days and inform the Customer on his e-mail address about the claim solution.
8. Article PRTECTION OF PERSONAL DATA AND PRIVACY
By accepting this terms and conditions the Customer allows and give authority to the Provider to collect, maintain, use, post process and store his data in Provider's data base for purposes defined in this terms and conditions. Provider assures to Customer the protection of his personal data, entered into the information system during purchase procedure, according to the Slovenian law »Zakon o varstvu osebnih podatkov« (ZVOP-1). Provider collects the Customer data for following purposes:
• for business operation needs of web store, performing the purchase and delivery of purchased goods,
• for informing the Customer about novelties in the Providers web store,
• for direct sale, marketing and promotion needs,
• for analyzing the Customer practices and behavior in the past,
• for sending offers, congratulations, competitions with a prizes for marketing purposes,
• for sending invitations to different events and e-inquiries for Provider's needs and purposes.
Customer can any time sent a written request to Provider for stop using his personal data for purposes, defined in this terms and conditions. In this case Customer has to send an e-mail to cancel@oceanus.si. Provider assures not to distribute or sell the Customer's personal data without his permission to the third natural or legal persons
9. Article VALIDATION OF TERMS AND CONDITIONS
Terms and conditions are valid since the Provider's web store reestablishment on internet. The Provider may change or adjust the terms and conditions any time due to any reason without the previous notification of the Customer. With confirming the purchase with selecting the »Submit« button Customer agrees with Provider's terms and conditions in his web store.
10. Article PROVIDER'S DATA
Company Name: Oceanus, Podvodna fotografija, Andrej Voje s.p.
Company Address: Češnjice pri Moravčah 14B, 1251 Moravče, SLOVENIA
Web Page: www.oceanus.si
Represented by: Andrej Voje
ID Number: 63896994000
Tax Number: SI34492267
IBAN: SI56 0510 0801 3682 133
BIC: ABANSI2X
Contact: info@www.oceanus.si
