Terms of Service
I. INTRODUCTORY PROVISIONS
1.1 These general terms and conditions (hereinafter also referred to as “T&C”) are issued by Anna Rudnickaja, ID: 06346341, with registered office in 150 00 Prague – Smichov, Drtinova 327/15 (hereinafter also referred to as the “Contractor”) as a supplier of photographic and graphic services in accordance with by the provisions of § 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter also referred to as “CC”).
1.2 By signing under the text of the T&C or on any other document establishing the contractual relationship between the Contractor and the customer in terms of these T&C (including in the form of sending an order for the delivery of the Contractor’s products and/or services), the person who did so confirms that he/she understands the wording of the T&C and accepts the T&C in its entirety.
1.3 The current, valid wording of the general terms and conditions is published on the Contractor’s website: https://annaolsenphotography.com/.
1.4 Failure to accept the valid T&C, or acceptance of the T&C with a reservation, does not result in the conclusion of a contract between the Contractor and the customer.
II. A conclusion of the contract
2.1 The subject of performance is the provision of services consisting in the provision of photographic and graphic services, which, together with the price and deadlines, are specified in more detail in the contract or in the order (confirmed by the Contractor) (hereinafter also referred to as the “Work”).
2.2 The contract for the Work may be concluded in writing or orally. The contract for the Work can be concluded in the form of a customer’s e-mail order (confirmed by the Contractor). The Contractor is entitled to reject a customer’s order that contains incomplete information about the customer, is not made in accordance with the valid T&C and the Contractor’s service offer, or is incomplete, indefinite or the order violates legal regulations, or is contrary to ethics and/or morals and/or incompatible with the philosophy of the Contractor. A change to the customer’s order by the Contractor is a new draft of the contract and requires acceptance (confirmation of the expression of consent) by the customer. Payment of an advance on the price of the Work by the customer is a form of customer acceptance. The contract is concluded at the moment of signature of both contracting parties or confirmation of the order by the Contractor
2.3 The Contractor shall deliver the Work to the Customer within the period agreed in the contract (order confirmation). However, no later than 60 days from the day the photos were taken or from the selection from the sent previews of the photos communicated to the Contractor by the customer.
III. PRICE
3.1 The price of the completed Work is determined by the Contractor’s current price list at the time of the conclusion of the contract, published on the Contractor’s website, or by an agreement between the Contractor and the customer (in specific cases).
3.2 The price of the Work remains unchanged from the moment the contract is concluded until the moment the Work is handed over to the customer, unless the customer has requested changes to the Work or additional work (extension of the work).
3.3 The price of the Work is paid in cash, or to the Contractor’s bank account agreed in the contract or order.
3.4 When concluding a contract for the Work, the Customer pays an advance payment in the amount specified in the contract or in the confirmation of the order by the Contractor. The remaining part of the price of the Work shall be paid by the customer when the Work is handed over to the customer. The contractor and the customer can agree in the contract on the maturity of the payment of the price of the Work differently.
3.5 The customer’s requests for changes to the concluded contract, if accepted by the Contractor, reasonably extend the agreed delivery period and have an effect on the corresponding change in the price of the Work.
3.6 The costs related to the customer’s special requirements (for example, props, costumes, etc.), including any travel expenses, the customer is obliged to pay in full, before starting the execution of the Work.
3.7 In the event that during the execution of the Work there is a need for additional work, the price of additional work will be determined according to the scope and time required.
IV. Conditions for making the Work
4.1 The Contractor undertakes to deliver the Work to the Customer in the quantity and quality specified in the Contractor’s offer, or in the quantity and quality specified in the contract. If the quality is not specified in the Contractor’s offer or in the contract, then the Contractor will deliver the Work in the quality usual in the Czech Republic.
4.2 The Customer is obliged to appear at the agreed date at the agreed place of execution of the Work. If the customer does not appear without prior agreement with the Contractor, the Contractor is entitled to withdraw from the contract. In such a case, the Contractor will keep the deposit already paid by the customer, if it was paid. This does not affect the Contractor’s right to compensation for the damage caused.
4.3 The place of performance of the Work (location of photography) is determined by the Contractor. The place of photography is usually a studio or exterior suitable, according to the Contractor’s experience, to achieve the best possible Work. In the event that the place of execution of the Work is the customer’s residence or another such place according to the customer’s request, the Contractor is entitled to charge the customer a fee according to the Contractor’s current price list published on the Contractor’s website.
4.4 Order The work, which is to be carried out outdoors, is carried out only in favorable weather, based on the Contractor’s evaluation (also with regard to ensuring the safety of photographic equipment).
4.5 The Contractor reserves the right to cancel the performance of the Work (photoshoot) in the event that the customer arrives for the performance of the Work (photoshoot) in such a state of health that the Contractor or a third party is at risk of infection.
4.6 The progress and duration of the execution of the Work is solely determined by the Contractor based on his experience with the aim of producing the best possible Work.
4.7 The Contractor does not provide the Work in unprocessed (unedited) form (without retouching, adjustment of brightness, contrast, saturation, color and sharpness, etc.). The Customer is not entitled to demand the Work from the Contractor in an unmodified form.
4.8 The Contractor delivers the work to the customer in electronic form in JPG format and, in the case of some offers (packages), on a digital medium (CD, DVD, flash drive) etc. also in printed form.
4.9 The Customer acknowledges that the Contractor is not obliged to back up/archive the Work after its handover and in the event that the Customer does not take over the Work, 3 months from the date on which the customer was supposed to take over the Work.
4.10. In the event that the customer does not take over the Work, he is not entitled to a refund of the remuneration already paid or part of it.
4.11 The Customer is not authorized to take photographs, make audio or video recordings during the production of the Work.
4.12 The selection of photos for editing to create the Work is fully at the Contractor’s disposal. The level of retouching of the Work is determined by the Contractor.
4.13 The Contractor reserves the right to use methods such as graphic photo editing such as retouching, changing brightness, contrast, saturation, color and sharpness when creating the Work.
4.14 The Customer acknowledges that if the subject of the Work is photographs of newborn children up to 14 days of age – so-called “newborn” photographs – the result – the quality of the Work cannot be guaranteed due to the fact that the Contractor subjects the Work to maximum safety and comfort newborn babies.
4.15 The customer acknowledges that if the object of the creation of the Work is children under 15 years of age, the customer is obliged to ensure that the legal representatives – parents (or another adult person who the child accompanies on the basis of authorization of legal representatives). Otherwise, the Contractor is entitled to refuse the execution of the Work. Legal representatives – parents (or another adult person who accompanies the child based on the authorization of the legal representatives) bear full responsibility for these children during the execution of the Work.
4.16 The Contractor reserves the right to use the Work or part of the Work free of charge on its website as a presentation of its services. By concluding a contract with the Contractor, the Customer expresses to the Contractor his consent to the publication of the Work on the Contractor’s website, or to publication in another form of the Contractor’s presentation.
4.17 The Customer has the right to ask the Contractor to remove the photo from the Contractor’s website, or other presentations, in the event that the Customer is in an unflattering position in the photo or the Customer is captured in the photo, for the Customer, in intimate or personal situations.
4.18 The work is the subject of intellectual property. The Contractor may also provide the Work to persons other than the customer. The Contractor provides the Work for the purpose resulting from the contract.
4.19 Upon handing over the Work, the Contractor grants the Customer a non-exclusive, time-limited license to use the Work for private – non-commercial use. The remuneration for providing a license to the Work is included in the price of the Work. The license for commercial use of the Work is the subject of a separate written contract. In the event of a breach of this license agreement by the customer, the Contractor is entitled to a contractual fine of CZK 50,000.
4.20 The customer or a person authorized by him is obliged to inform the Contractor of any change in customer data (residential address, e-mail address, phone number, etc.).
4.21 The Customer acknowledges the specific nature of the Work, i.e. that the photographic services are in the nature of an artistic performance that cannot be requested or claimed. The Contractor is entitled to reject the customer’s order or his requirements if the customer’s order or his requirements deviate significantly from the Contractor’s artistic sensibilities or if the Contractor’s way of working and the processing of the Work cannot meet the customer’s expectations. The contractor is also entitled to reject the customer’s order or requests that would be in conflict with his ethics or morals.
4.22 The contractor reserves the right to refuse / not accept any order.
4.23 The Customer acknowledges that the Work is protected by copyright and as such cannot be changed, published or reproduced without the Contractor’s consent.
V. DEFECTS
5.1 The work has defects if it does not have the properties specified in the contract.
5.2 If the Work has a defect upon delivery, this establishes the Contractor’s obligations for defective performance. The Customer is obliged to notify the Contractor of a defect in the Work without undue delay after discovering the defect or should have discovered it with due care, otherwise the Customer’s rights due to defective performance shall cease. The Customer is obliged to hand over the complete Work back to the Contractor and provide the Contractor with the necessary information so that the validity of the alleged defects can be properly assessed.
5.3 The contractor is obliged to issue a confirmation to the customer about when the customer has exercised the rights from defective performance, as well as about the method of handling the complaint and the duration of this complaint.
5.4 The customer acknowledges and agrees that the specific manifestations of the technology used and the possible shortcomings and defects of the Work resulting from them (minor blur, reflections in the eyes, contours, etc.) are not a reason for exercising the right from defective performance. The contractor devotes the maximum professional and necessary care to the maximum possible limitation of these specific manifestations of the technology used.
5.5 The customer takes into account and agrees that every person is different, has their own unique appearance and the aesthetic quality of the photographs varies due to this fact. The customer’s own appearance and dissatisfaction with it is not a reason for asserting the right from defective performance.
5.6 The reason for the complaint is not the Contractor’s photographic style and the author’s concept of the Work – photography.
VI. RESIGNATION
6.1 The Customer may withdraw from the contract until the completion of the Work, but is obliged to pay the Contractor the amount attributable to the work already performed and reimburse the Contractor for all costs incurred.
6.2 The Customer may withdraw from the contract if it is clear that the Work will not be completed on time and the Contractor will not remedy the situation even within a reasonable period of time. In such a case, the Contractor is entitled to reimbursement of purposefully incurred costs.
6.3 The contractor is entitled to withdraw from the contract in the event of a material breach of contractual obligations by the customer. A substantial breach of contractual obligations is: 1. a) the customer has not arrived at the agreed place for the execution of the Work (photoshoot) on the agreed date, 2. b) the customer refuses to make the necessary cooperation for the execution of the Work (photoshoot), 3. c) the customer has not paid the deposit and/ or the price of the Work. In such a case, the Contractor is entitled to keep the deposit already paid. This does not affect the right to compensation for damages exceeding the already paid deposit.
6.4 Withdrawal is effective upon delivery of a written notice to the other contractual party.
VII. GIFT VOUCHERS
7.1 Gift vouchers are only valid on the date stated on the gift voucher. The gift voucher must be redeemed by the validity date, so the order for the Work with the Contractor must be made no later than 30 days before the expiry date stated on the gift voucher.
7.2 There is no legal right to a refund for gift vouchers.
VIII. FINAL PROVISIONS
8.1 By concluding the contract (including sending the order), paying the deposit, the customer confirms that he has familiarized himself with these General Terms and Conditions, the Contractor’s price offer, including the Work quality conditions and deadlines for performance. At the same time, the customer confirms that he is not aware of any health or other difficulties that would prevent him from participating in the creation of the Work – photography and bears full responsibility for his health (including those he represents as a legal representative).
8.2 These General Terms and Conditions of the Contractor shall enter into force and effect on January 1, 2023.
8.3 The contractor reserves the right to change or supplement theseT&C at any time.
8.4 In the event that any provision of the General Terms and Conditions becomes invalid, the other provisions of the General Terms and Conditions remain valid and effective.
