GENERAL TERMS AND CONDITIONS
I. General Conditions
These General Terms and Conditions ("GTC") apply to all contracts for work (including framework contracts) for the creation of photographic works and the provision of photographic services, orders, orders for photographic services, and order confirmations by the entrepreneur Anna Rasmussen, Pernerova 31/378, Prague 8, 18600, ID: 88191371 (hereinafter referred to as the "contractor").
When concluding a contract under these GTC, it is assumed that the client (also referred to as the "customer") is familiar with these GTC and other documents described below.
II. Adjustment of Legal Relationships
The contractual relationships between the client and the contractor are governed by the laws of the Czech Republic, in particular, the provisions of the Civil Code, especially the provisions on a contract for work according to § 2586 and subsequent of Act No. 89/2012 Coll., as amended, and subsequent Civil Code, in its valid wording (hereinafter referred to as the "Civil Code").
III. Conclusion of the Contract
The contract is concluded based on a binding order from the customer to the contractor and also through the contractor's website or other means of distance communication, at the moment when the email confirmation of the binding order is received by the customer.
The current price list and services are available on the contractor's website.
The contract can also be concluded in formal written form with the signatures of both parties. In case the provisions of such a contract differ from these GTC, the contract takes precedence. In other matters not addressed by the contract, the contractual relationship is governed by the relevant legal regulations and these GTC.
The contractor is entitled to refuse an order that contains incomplete customer details, is not in accordance with these GTC and the valid service offer of the contractor on the specified day, or is incomplete, unclear, or if its fulfillment would violate valid legal regulations, be contrary to ethics and morality, or otherwise incompatible with the philosophy of the contractor.
IV. Subject of Performance
The subject of performance is the provision of services related to the creation of photographic or graphic services and the production of works or photographs, etc., specified in the contract or in the customer's confirmed order.
The definition of the subject of performance must be clear and specific. By not accepting the valid GTC of the contractor or accepting them with reservations, the contract is not concluded. The subject of performance means the provision of services related to the creation of photographic or graphic services.
Unedited photographs or RAW format photographs are not part of the subject of performance and are not provided to the client. Unauthorized use of them is not permissible.
V. Price of the Subject of Performance, Validity of the Price, and Payment Method
The price of the subject of performance (works and services provided) is determined by the current price list valid at the time of the contract, or a specific price on which the customer has agreed in writing or by email with the contractor.
After making a reservation, the reservation becomes binding and cannot be canceled. By agreement with the contractor, a free change of the date is possible.
The customer pays the price of the subject of performance by transferring it to the account in full or after deducting the non-refundable reservation payment, upon receipt of previews/examples of the work, according to the valid price list on the day of contract conclusion.
VI. Rights and Obligations of the Contractor
Unless agreed otherwise, the contractor will perform the work (provide services) in the usual quality in the Czech Republic and in accordance with the contractor's valid offer on the day of contract conclusion or the binding order confirmation.
By agreeing to these GTC or concluding a contract, the customer also gives the contractor the right to use selected photographs of the customer for the purpose of processing or fulfilling the contract.
The contractor undertakes to create and deliver the ordered job in the quality agreed upon in the contract or confirmed order within a reasonable period, otherwise, under the conditions specified in the valid offer of the contractor on the day of contract conclusion/confirmed order.
The contractor reserves the right to refuse the order if the customer's lack of interest persists for more than 45 days. Lack of interest by the customer means unavailability, cancellation, or termination of communication. In this case, the customer is not entitled to the performance of the contract or a refund of the paid order or its part.
The contractor undertakes to deliver the order without content damage, without defects, and in the quality agreed upon or stated in a properly confirmed order/contract. If the quality of the order is not determined, the work (order) will be created in the usual quality for the given order.
The contractor reserves the right, after prior notice to the customer, for very serious reasons (illness, injury, force majeure) to change the date (date and time) of studio/outdoor photography. A reasonable period for notifying the change of the date is considered to be at least 1 day before the planned date.
If circumstances arise that have a significant effect on the course of work or the quality of the order, the contractor is obliged to inform the customer of this fact immediately.
The contractor has the right to use the provided documents (texts, photographs, logos, graphic elements, etc.) to create and process the order.
The contractor is not responsible for the quality of photographs taken with mobile phones or other amateur equipment and cannot replace or improve them during post-production.
In the case of poor weather conditions, especially rain, storm, or heavy snowfall, it is possible to agree on another date and place. The customer is obliged to contact the contractor in time.
For outdoor orders, the contractor is not responsible for the presence of third parties who could interfere with the creation of the order. The customer is obliged to inform the contractor in time.
The contractor is not responsible for any damage caused by unprofessional, amateur (for example, poor quality mobile phone photos) or other unsuitable materials provided by the customer.
The contractor reserves the right to use the photographs for their promotional and marketing purposes, including the possibility of publishing the work on the contractor's website or social networks, with the possibility of publishing the name and surname of the customer or his representatives or models.
The customer has the right to object to the publication by email no later than 5 days before the work is handed over. In case of an objection, the contractor is obliged to withdraw the work from public communication (website, social networks) within 14 days after receiving the objection.
In the event of the death of a customer, the customer's representative is entitled to withdraw the work from public communication.
The contractor is not liable for damage caused by incorrect data provided by the customer. The customer is obliged to check the correctness of the data before confirming the order.
The customer is obliged to contact the contractor for any complaints by email or in writing without undue delay after discovering the defect.
The contractor reserves the right to change the GTC. The rights and obligations of the contracting parties are governed by the GTC valid at the time of contract conclusion.
VII. Rights and Obligations of the Customer
The customer is obliged to provide all necessary cooperation for the fulfillment of the order. If the customer does not provide all necessary cooperation, the contractor is not responsible for the non-fulfillment of the order.
The customer is obliged to inform the contractor in time if he is not satisfied with the provided services or if he has any objections to the content. Otherwise, the work is considered accepted.
The customer has the right to review the work before it is handed over. The customer is obliged to inspect the work and inform the contractor of any defects or deviations from the confirmed order.
The customer is obliged to provide the contractor with all necessary cooperation and information for the fulfillment of the order. The customer is obliged to provide the contractor with necessary and undisturbed access to the premises and equipment necessary for the performance of the order.
The customer is obliged to inform the contractor of all circumstances that could have a significant effect on the performance of the order, especially in the case of outdoor photography (weather, the presence of third parties, etc.).
The customer is obliged to pay the agreed price for the fulfillment of the order to the contractor.
The customer is not entitled to a refund of the order or its part if he has not fulfilled his obligations arising from these GTC or a valid contract.
The customer is not entitled to unilaterally withdraw from the contract or refuse to accept the work.
VIII. Delivery Time and Place
The delivery time of the ordered work is agreed upon when confirming the order by the contractor or by a written agreement between the customer and the contractor.
If the delivery time is not specified, the contractor is obliged to deliver the work within a reasonable time, taking into account the nature and scope of the order.
The place of performance is the registered office of the contractor or another place agreed upon in writing or in the contract.
IX. Complaints and Warranty
The customer is obliged to check the work (order) immediately upon receipt. Complaints about the quantity, completeness, and obvious defects must be made by the customer immediately upon receipt of the work.
The customer is obliged to inspect the work without undue delay after receiving it. If the customer does not make a complaint within 5 days of receiving the work, the work is considered accepted without defects.
If the customer finds defects in the work, he is obliged to inform the contractor of this fact immediately and send the defective work to the contractor for inspection.
The warranty period is 24 months from the date of delivery of the work.
In the event of justified complaints, the customer has the right to have the defect removed free of charge, the right to a reasonable discount on the price, or the right to withdraw from the contract.
The warranty does not apply to defects caused by improper handling, storage, or use of the work by the customer or third parties.
X. Withdrawal from the Contract
The customer has the right to withdraw from the contract within 14 days from the conclusion of the contract, without giving any reason.
The withdrawal must be made in writing or by email. The customer is obliged to deliver the notice of withdrawal to the contractor before the expiration of the withdrawal period.
The customer is not entitled to withdraw from the contract if the contractor has fully fulfilled the contract with the consent of the customer before the expiration of the withdrawal period.
XI. Final Provisions
These GTC apply to all contracts concluded between the contractor and the customer from the date of their publication on the contractor's website or other communication channels.
The contractor is entitled to unilaterally change these GTC. The change takes effect on the day of its publication on the contractor's website or another means of communication.
The rights and obligations of the parties not regulated by these GTC are governed by the relevant provisions of the Civil Code and other legal regulations in force in the Czech Republic.
These GTC are valid and effective from December 1, 2023.
In Prague on November 1, 2023
Anna Rasmussen (Contractor)