These business terms and conditions are regulated by Kateřina Hánová (IČ: 082 02 478), registered in the trade register kept at the Municipal Office in Česká Lípa (hereinafter referred to as the “photographer”), in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll. ., the Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract or agreement on the provision of photographic services (hereinafter referred to as the “contract”) concluded between the photographer and the client (hereinafter also referred to as the “client” ).
All contractual relations between the photographer and the client are governed by the legal system of the Czech Republic. If the contracting party is a consumer, relations not regulated by business conditions are governed by the Civil Code and Act No. 634/1992 Coll., on consumer protection. If the contracting party is an entrepreneur, relations not regulated by business terms and conditions are governed by the provisions of the Civil Code applicable to entrepreneurs.
1. INTRODUCTORY PROVISIONS
1.1 The following terms and conditions apply to all services and offers.
1.2 The photographer provides his services only if the following general conditions are met. The terms and conditions also apply to all future orders from the same client, unless there are deviations in writing.
1.3 The offers of the photographer are subject to change and are non-binding.
2. ORDERING PHOTOGRAPHY SERVICES
2.1 You can only order by e-mail, form or message on social networks (Facebook and Instagram)
2.2 The order is binding when the client and the photographer agree on the date of the photo shoot and pay the reservation fee (50% of the selected package price) to the photographer’s bank account.
2.3 By placing an order, the client confirms acceptance of these conditions and understanding them, as well as understanding the author’s approach and photographic style with which the photographer works and has no reservations against it.
2.4 The location of the photo shoot is determined by agreement with the photographer. If the photographer goes outside the radius of 30 km from Markvartice near Děčín, he charges a travel fee of 0,4€/km in addition to the price for the photo shoot – calculated for the journey there and back from the photographer’s place of residence.
2.5 In the case that the client is unable to appear on the agreed day and time for the photo shoot, it is necessary for the client to inform the photographer no later than 3 days in advance. In that case, the client and the photographer agree on another date for the photo shoot.
2.7 The photographer is entitled to cancel or postpone the shooting date for important reasons (illness, accident, etc.). The client will be informed of this fact in a timely manner by phone or via message (email, message on Facebook, Instagram or SMS). in case of cancellation of the appointment by the photographer, the client is offered another appointment or the deposit is returned.
2.8 The order period depends on the current workload – approx. 2 weeks before the planned date of the photo shoot.
2.9 The photographer is not responsible for non-cooperation of family members and pets during photography. In this case, the photographer is not responsible for the lack of quality shots. Likewise, this is not a reason to lower the price for photography.
3. SELECTION AND PROCESSING OF PHOTOGRAPHS
3.1. The photographer will send preview photos for selection to the client no later than 5 working days after the photo shoot.
3.2 The client is obliged to make a selection within a week of the photo shoot, after which the preview gallery is deleted. A handling fee of 20€ is charged for re-uploading the gallery.
3.3 According to Copyright Act No. 121/2000 Coll. without the consent of the photographer as the author of the given work, it is not allowed to publish these previews anywhere or to edit them further (they are owned by the photographer and intended exclusively for selection for editing).
3.4 The photographer does not provide unedited photos.
3.5 Unless expressly requested by the client, the photographer has a free hand in terms of photo editing (image composition, artistic and technical design). The client is aware of the photographer’s photographic style. Complaints in this regard are excluded. If the client requests changes during development, they must bear any additional costs that may arise.
3.6 The photographer processes the photos and takes photos in his own style (i.e. he takes photos, for example, with the aperture fully open so that the background is blurred, the colors may not correspond 100% to reality, etc.), unless otherwise agreed. Additional fees may apply for special processing requirements.
4. DELIVERY OF PHOTOGRAPHS
4.1 Photos are delivered to the client in electronic form no later than 10 working days from the selection of photos for editing and additional payment of the photo shoot price (unless otherwise agreed).
4.1.1 The photographer reserves the right to extend the delivery period if the client chooses more than 10 photos beyond the scope of the selected package, by 5 working days for every 10 photos started.
Example: A photo shoot has 10 photos in the package. The client chooses 10-20 photos = they will be delivered within 10 working days. The client chooses 21-30 photos = they will be delivered within 15 working days. The client chooses 31-40 photos = they will be delivered within 20 working days.
4.2 The completed order will be delivered to clients in an electronic version via a link to an online storage to their email address. Processed photos will be delivered in JPG format and in an aspect ratio of 2:3.
4.3 The client will receive a reduced version of each photo intended for sharing on social networks (or websites).
4.4 Expressions of dissatisfaction must be reported no later than one week after the delivery of the photos, otherwise the image material is considered to have been received without defects.
4.5 Dissatisfaction with one’s appearance is not grounds for complaint. The client acknowledges that the photographer does not carry out more demanding retouching of the bodies and faces of the photographed characters.
4.6 Photographs are of appropriate quality for the appropriate viewing distance. Viewing possible defects after enlarging/zooming in the photo is not a reason for a complaint.
5. PRICE AND PAYMENT
5.1 The price of specific types of photography, including detailed information about what is included in each package, is detailed on the website.
5.1.1 The price for one photo beyond the scope of the package is 20€.
5.2 The additional fee for photography, the price of transport and any additional payment for photos beyond the scope of the selected package are payable after the selection of photos to the photographer’s bank account.
5.3 Based on the payment, the photographer issues a receipt of payment.
6. COPYRIGHT
6.1 Copyright belongs to the photographer even after the client has purchased the photos. All photographs are subject to 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 author.
Photographed persons may use the photographs for their non-commercial personal presentation.
6.2 The photographer has the unrestricted right to use the image material created for all purposes. If the photo is published somewhere, the client will be informed, but he has no further claims on the photo – not even against third parties (e.g. the Publisher…). Publications on social networks and the photographer’s website are not announced in advance.
6.3 In the event that the client does not want his photos to appear on the Internet in the future, he must notify the photographer before taking the photos and record this in writing. His photos will therefore not be published on social networks and the Internet.
6.4 Further editing of photos (adding filters, cropping) is not allowed.
7. RIGHTS AND USES
By purchasing digital images, the customer acquires the following rights:
7.1 Private rights of use (private use means: creating prints of image material for private use, but not participating in competitions, providing the photo to commercial companies, etc.)
7.2 The right to publish photos on the Internet, on social networks or on the client’s private non-commercial site – the client will only use a file optimized for the web.
7.3 Commercial use of photos is not permitted.
Kateřina Hánová 2024