General Terms and Conditions
The Terms and Conditions of Sale as defined hereunder apply to each item on offer for sale by Gino Galea Photo Artist of 198, Eucharistic Congress Road, Mosta, Malta hereinafter referred to as the ‘Seller’.
- Any departure from and/or addition to these Terms and Conditions will not be binding on the Seller unless the Seller has expressly agreed to in writing.
- The Seller is the sole proprietor of the images on display in each gallery category on the website www.maltphotos.com and has full right, title and interest therein.
- Visitors or would-be Buyers are prohibited from downloading, editing or tampering with an image with the malicious intent of using in whole or part thereof.
- A digital image purchased is limited to ‘one-time-use’ only. In the event that the Buyer intends to publish it on any other occasion, he is bound to submit a written request to email@example.com. The Buyer undertakes not to transfer an image purchased by him for eventual use by third parties.
- The Seller hereby agrees to sell any image/s to any prospective Buyer – the acquisition of the image/s by the Buyer from the Seller is only secured at such time as when full payment made by the Buyer is received by the Seller. Payment is not refundable for any lay and ordinary reason excluding exceptional circumstances as determined at the sole discretion of the Seller.
- In the unlikely event that digital files have been lost, stolen or destroyed for reasons beyond the Seller’s control, including but not limited to hard drive or equipment malfunction, the Seller’s liability is limited to the refund to Buyer of payment received from him – the Seller is not liable for any consequential losses.
- Purchased item/s of a physical nature such as prints, frames, photo gifts etc. will have to be collected by the Buyer from Seller’s offices/studio as per Seller’s instructions. Alternatively, any such purchases may be despatched by Seller to Buyer’s delivery address via registered mail or through courier service at an additional cost covering the expense of delivery – this cost is payable at time of placement of order. Arrangements for delivery will be organised by Seller and notified to Buyer within a period not exceeding fifteen (15) working days from date of placement of order by Buyer. In case of digital files, these will be transferred by Seller to Buyer through online facilities within approximately twenty four (24) hours from time of receipt of Buyer’s order.
- The risk of loss or damage to the work and the provision of any insurance to cover such loss or damage shall be the sole responsibility of the Buyer commencing from the time the item is dispatched by Seller for eventual delivery to the Buyer.
- The Seller reserves all reproduction rights, including the right to claim statutory copyright in his work. The work may not be photographed, painted, reproduced (either in whole or part thereof), in any manner whatsoever without the Seller’s explicit written consent.Moreover, Buyer is prohibited from altering, tampering or manipulating an image acquisitioned with the malicious intent to claiming a ‘different’ version to the one actually acquired – such malpractice is considered to violate the terms of the sales agreement besides being in breach of Seller’s copyright. The Buyer must obtain written permission from the Seller prior to publishing or re-selling any image acquisitioned by him.The Buyer is bound to notify the Seller with regard to the purpose-of-use of the image/s acquired – in the event that an acquired image is intended for use by way of printing on items that are sold in quantities for commercial purposes, then, the Buyer is obliged to the payment of royalties to Seller that will be mutually agreed upon between the parties beforehand.All reproductions approved by Seller shall bear the following copyright notice ‘© Gino Galea Photo Artist (year)’.
- If a purchased image is being published in printed form, then the Buyer is bound to furnish the Seller with a copy of the relative publication. In case of online use the Buyer would have to e-mail the appropriate link to Seller’s address at firstname.lastname@example.org
- The Seller grants the Buyer permission to share the images on social net-working websites, with families and friends, as long as the images are resized to the following dimensions; remain unaltered and textual credit is given to the Seller. In this case, the size of these images should not be larger than 1000 px by 640 px.
- A few of the images on display in the galleries are for viewing purposes only and as such are not available for sale.However, the Buyer is free to place his order if he so wishes – this will be given due consideration but its approval is at the sole discretion of the management.
- Each image which is on offer for sale is displayed in watermarked version – images sold are forwarded in jpg format tale quale as appearing in preview form but without watermark. If a selected image is intended for use as an enlarged poster-style photo or billboard, it is highly recommended that this is specified before placing the order – once the selected image is confirmed through the ordering process this is irreversible. Any image on offer for sale is technically ideal to be published in an A4-size publication. Orders for artistic images may be printed in sepia, black and white or pastel finish as per Buyer’s request. This medium is mostly applicable in fine art photography. There are a number of relatively old images that carry an element of historical value but are subject to restrictions with regard to their quality or size.
- Digital files that are intended for printing purposes or online use are forwarded to the Buyer in the size/format/specifications (possibly larger) as detailed hereunder:
ONLINE USE (websites / portals)
- EXTRA SMALL IMAGES FOR ONLINE USE
(For online use only. To be used in websites, portals, etc; published in small dimensions). Image to be delivered in size: 1000px by 640px.
- SMALL IMAGES FOR ONLINE USE
(This size is ideal for online use, full screen online display or smaller). Image to be delivered in size: 1700px by 1102px.
PRINTING IN PUBLICATIONS / OFFSET (ie. books, brochures, newspapers etc)
- MEDIUM IMAGES FOR OFFSET PRINTING size A4 or maximum A3
(For use in printed items such as brochures, books, publications, gifts, etc. max. size A3 or less). Image to be delivered in size: 2335 by 1515px.
- VERY LARGE IMAGES FOR OFFSET PRINTING – POSTER SIZE PRINTING
(For use in the printing industry in large poster sizes larger than A3 size; ie “Offset”, etc). Image to be delivered in size: 7500px by 4863px.