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GENERAL TERMS AND CONDITIONS

(photos)

 

 

valid from 1 January 2024

 

1. INTRODUCTORY PROVISIONS

1.1 These general terms and conditions, hereinafter referred to as the "Terms and Conditions" of the business of the natural person Klára Palm Hanzl, V Olšinách 831/74. Prague 10 ID No.: 10913521 registered in the Trade Register hereinafter referred to as "Photographer" regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract or agreement for the provision of photographic services hereinafter referred to as "Contract" concluded between the Photographer and the Client.

1.2 Provisions differing from the terms and conditions may be stipulated in the contract. The different provisions in the contract take precedence over the provisions of these Terms and Conditions.

1.3 The provisions of the Terms and Conditions are an integral part of the contract concluded between the photographer and the client. The client shall be notified of these terms and conditions sufficiently in advance of the actual execution of the order and shall have the opportunity to familiarise himself with them. By concluding the contract, the client further agrees that these terms and conditions become an integral part of the concluded contract.

1.4 All contractual relations between the photographer and the client are governed by the law of the Czech Republic. If the contracting party is a consumer, relations not governed by the Terms and Conditions shall be governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. If the contracting party is an entrepreneur, relations not governed by the terms and conditions shall be governed by the provisions of the Civil Code applicable to entrepreneurs.

 

2. ORDERING PHOTOGRAPHIC SERVICES

2.1 Ordering services is only possible by filling in the contact form on this website, by telephone or by email.

2.2 The order of services is binding at the time of confirmation of the date by the photographer and the client, or at the time of signing the contract.

2.3 If the service includes a booking fee, the order becomes valid when the full amount of the booking fee is credited to the photographer's account.

2.4 By ordering the services, the client confirms acceptance of these terms and conditions and understanding of them, as well as understanding of the author's approach and the photographic style with which the photographer works and has no objections to it.

2.5 Cancellation of the booking - if the Client cannot attend the booked photo shoot for any reason, he/she shall notify the photographer of this fact without undue delay by email or telephone. In the event of cancellation less than 24 hours before the agreed shoot, the photographer is entitled to keep the full amount paid by the client.

2.6 In the case of a studio shoot - Cancellation fee for cancellations within 72h before the shoot is 50% of the invoiced amount.

Cancellation fee for cancellations less than 72h before the shoot is 100% of the invoiced amount.


3. PRICE OF PHOTOGRAPHIC SERVICES

3.1 A price list for a specific type of photo shoot including detailed information about the service is available on this website or upon request for a specific quote for services that require a specific quote.

3.2 Payment of prices - the agreed price is payable in two instalments. 50% on appointment, prior to the shoot, as a binding booking and 50% after the shoot, prior to delivery of the photographs.

3.3 Printing of photographs beyond the service is possible according to the price list given by the photographer, including the cost of pre-press preparation.

3.4 If the full amount for the services is not paid, the photographer reserves the right not to deliver the photographs until the service has been duly paid for.

 

4. EXECUTION OF THE SERVICE

4.1 In the event of adverse conditions such as bad weather, the photographer reserves the right to carry out the shoot at an alternative time. Otherwise, the photographer is not liable for the quality and any shortcomings of the pictures taken due to bad conditions.

4.2 Unless otherwise agreed, the service is subject to a travel charge outside of Prague. It is charged at the rate of CZK 10 per kilometer travelled, i.e. there and back from the photographer's address. Travel costs up to a total distance of 20 km are included in the price of the service.

4.3 The duration of the photo shoot is individual depending on the service chosen.

4.4 Delays on the part of the client are not a reason to extend or delay the photo shoot schedule.

4.5 If the client is delayed by more than 25% of the agreed time of the photo shoot without immediate agreement with the photographer, the photographer is entitled to cancel the photo shoot without refund, the price of the service will be charged without reduction.

4.6 Changing the date is possible more than 24 hours in advance (not valid for studio shoots), otherwise the deposit/voucher will be forfeited. Rescheduling in the case of studio shoots, is subject to the rules of the studio concerned and will be notified in an email.

4.7 The Client agrees not to make any recordings, e.g. photographs or video, of the ongoing performance of the service and not to publish such material without the consent of the photographer.

4.8 The Client shall cooperate fully with the Photographer within the scope of this Agreement and listen to the Photographer's requirements, otherwise the Photographer shall not be liable for the quality of the photographs taken and their content.

 

5. SELECTION OF PHOTOGRAPHS

5.1 Unless otherwise agreed, the photographer shall provide the client with a set of photographs for selection without undue delay, but no later than two weeks after the photographs have been taken.

5.2 Unless otherwise agreed, according to the Copyright Act No. 121/2000 Coll., the photographs to be selected are the property of the photographer and cannot be published or further modified without the photographer's consent.

5.3 The Client undertakes to hand over the selected photographs to the photographer for further editing without undue delay, but no later than 7 days from the date of delivery of the set of photographs to the Client.


6. DELIVERY OF PHOTOGRAPHS

6.1 Unless otherwise agreed, the photographer shall deliver a set of edited photos to the client no later than 3 weeks after the delivery of the complete selection from the first set by the client, after payment of the price of the photo shoot and any photos in excess of the package.

6.2 Unless otherwise agreed, the photographer shall deliver the edited photographs electronically in the form of a Dastax gallery. He shall then deliver the photographs in full size, depending on the cropping of the photographs and in JPG format without undue delay.

6.3 If the service includes printing of photographs, the photographer shall deliver the photographs, images, etc. to the customer's address by courier service (most often by mail order). However, the choice of transport is at the sole discretion of the photographer, the cost of transport is not included in the price of the service unless otherwise agreed.

6.4 The Client acknowledges that the Photographer cannot guarantee the quality of printing or the quality of preparation of the photographs for printing if the printing or development of the photographs is not ordered directly from the Photographer.

6.5 The photographer only submits edited (processed) photographs in JPG format. Under no circumstances shall the photographer provide unedited photographs, as they are not the full work of the photographer.

 

7. PHOTO EDITING

7.1 The following adjustments are made to the photographs as part of the price of the service: colouring, i.e. adjusting the reading, cropping, exposure balancing, contrast, brightness and removal of minor momentary skin defects.

7.2 The Client acknowledges that retouching beyond the scope of the service is not possible, even for an additional fee, as such adjustments are not compatible with the photographer's style.

 

8. ARCHIVING OF PHOTOGRAPHS

8.1 The unprocessed photographs will be stored by the photographer for a period of 1 month from the date of submission of the photographs in accordance with the EU Regulation 2016/679 on the protection of natural persons (the so-called GDPR), the Client acknowledges that any claims after this date can no longer be accepted.

8.2 Edited photographs are kept by the photographer for up to one year.


9. COMPLAINTS

9.1 Complaints about the photographs taken must be made in writing immediately after receipt of the photographs.

9.2 The Client acknowledges that dissatisfaction with the content of the photographs is not grounds for a complaint, as the photographer has no influence on the content of the photographs.

9.3 The Client also acknowledges that adverse influences such as weather are not grounds for a claim for services.

9.4 Dissatisfaction or disagreement with the photographic style and the photographer's concept is not a reason for complaint!

 

10. WITHDRAWAL FROM THE CONTRACT
10.1 Withdrawal from the contract by the consumer.
If the purchaser is a consumer, he/she has the right to withdraw from the contract within fourteen days of receipt/delivery of the product without giving any reason and without any penalty, in accordance with the provisions of Section 1829 (1) of the Civil Code. This right does not serve as a means of settling a complaint.

10.2 If you decide to withdraw within this period, please comply with the conditions set out below:
The consumer cannot withdraw from a contract for the supply of digital content that is not delivered on a tangible medium after performance has begun. 

10.3 Withdrawal by the Seller:
The Seller is entitled to withdraw from the Purchase Contract without undue delay if it finds that the other party has breached the Contract in a material way. For the purposes of this Agreement, a material breach of this Agreement shall be deemed to be:
Customer's default in payment of the purchase price or partial payment (installment) more than 10 days after the due date;
violation of copyright protection obligations (Article 5 of the GTC) by the customer.

 

11. RIGHTS OF USE OF PHOTOGRAPHS

11.1 The photographer shall have the right to use the photographs taken without restriction through all available media for his/her own promotion. If the customer does not wish the photographs to be published, this must be notified in advance (at the latest after the photo shoot). Failure to do so shall be taken as the customer's consent.

11.2 All photographs are copyright and the property of the photographer and may not be used for any commercial purpose, promotion or sale to a third party without the written consent of the photographer. Photographers may use the photographs for their own non-commercial personal presentation.

11.3 According to Copyright Act No. 121/2000 Coll., photographs may not be modified in any way (e.g. use of colour filters on Instagram) and published as the author's work without the author's consent.

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