Terms and conditions valid from 01.10.2024

1. Introductory Provisions

These general terms and conditions (hereinafter "GTC") of the entrepreneur Mgr. Lucie Nermuťová, located at Karla Starého 150, Poděbrady, ID: 21353468, registered in the Trade Register (hereinafter "Photographer"), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter "Civil Code"), the mutual rights and obligations of the contracting parties arising from the contract for the provision of photographic services (hereinafter "Contract") concluded between the Photographer and the client (hereinafter "Client"). These GTC apply to all contracts, orders, and order confirmations.

Before the photoshoot, the Client is informed about these general terms and conditions and confirms their acceptance by reserving a date. The Client also agrees with the current price list and the creative style of the Photographer that they have chosen for their photos.

2. Conclusion of the Contract

2.1. Photographic services can be ordered via email, phone, or the contact form on the website.

2.2. A contract between the Photographer and the Client is formed based on an oral or written order, which is subsequently accepted and confirmed by the Photographer. The essential elements of the contract include the subject of the performance (especially the subject of the photography and the price).

2.3. The subject of the photographic service must be clearly and unambiguously defined. If the Client does not accept the Photographer's offer or accepts it with reservations, the contract is not concluded. All agreements and requests must be confirmed in writing or electronically.

2.4. Reservation of a date is considered binding only after the payment of a reservation fee of 500 CZK, unless otherwise agreed. This fee is then deducted from the total price for the service.

2.5. By ordering the photographic services, the Client confirms that they have accepted these GTC, understand them, and agree with the Photographer's style.

2.6. The location of the photoshoot is agreed based on the type of photography (natural, urban, or a combination) as mutually agreed by both parties.

2.7. The duration of the photoshoot is usually between 45 and 120 minutes, depending on the agreement with the Client.

2.8. Agreed photoshoot dates can be changed or canceled at least 3 hours before the planned start, for reasons such as bad weather, health issues, or technical problems (e.g., with the car).

2.9. If the Client cancels the reservation less than 3 hours before the scheduled time, the reservation fee is non-refundable. Changing the date is allowed a maximum of 3 times, after which the reservation fee is forfeited to the Photographer. The deposit is also forfeited if the Client subsequently does not select any photos for purchase. This deposit compensates for the lost productive time, which could have been used for another project.

2.10. If the Client does not show up 30 minutes after the scheduled time and does not inform the Photographer, the Photographer has the right to cancel the photoshoot without compensation. The Photographer is also not responsible for the loss of photo quality caused by the late arrival (e.g., insufficient lighting conditions for the photoshoot).

2.11. The Photographer reserves the right to cancel or postpone the photoshoot for serious reasons (e.g., illness). The Client will be informed in advance by phone or message (SMS, email), i.e., no later than three hours before the scheduled photoshoot, and a new date will be offered.

2.12. The booking period depends on the Photographer's current work schedule. Outside the peak season, it is approximately one week; during busier periods (such as spring, autumn, or Christmas), the waiting time may be up to three weeks.

2.13. The Photographer is not responsible for any lack of cooperation from family members or pets during the photoshoot. If the quality of the photos suffers due to this, it is not grounds for a complaint or price reduction.

2.14. The Photographer is not responsible for any accidents or damages occurring during the photoshoot unless they are directly related to the Photographer's actions (e.g., injury to an animal or damage caused by the animal).

2.15. The Photographer reserves the right to interrupt the photoshoot if the Client behaves inappropriately towards their pet or other individuals present.

3. Selection, Payment, Processing, and Delivery of Photographs

3.1. The Photographer typically sends previews of unedited photographs within two working days after the photoshoot via an online gallery. In case of serious reasons, this deadline may be extended. The number of previews sent is not fixed. The previews are unedited RAW files in low quality, often compressed due to size.

3.2. The Client is obliged to make a selection of photos within 10 working days of receiving the online gallery. The Photographer reserves the right to consult the final selection of photographs. Previews are prohibited from being published, downloaded, or further edited.

3.3. After confirming the selection of photos, the Photographer will send an invoice, which the Client is obliged to pay within seven working days. The amount will be reduced by the paid deposit.

3.4. The Photographer will begin editing the photos after receiving the full payment to their bank account.

3.5. The standard delivery time is 1-3 weeks from receipt of payment. If the Client needs the photos by a certain date, this must be communicated in advance to ensure enough time for processing the order.

3.6. The Photographer does not provide unedited photos.

3.7. Complaints about the Client's appearance are not grounds for a complaint.

3.8. The photos are edited to a quality suitable for regular viewing. Enlargement revealing defects is not grounds for a complaint.

3.9. The Client will receive photos in two versions: one optimized for web and social media sharing, and one in high resolution for printing.

3.10. The Photographer is not responsible for the loss of submitted photographs. The Client should download and back up the photos. The Photographer has the right to delete the order from their devices after 3 months.

3.11. The Photographer is not responsible for the quality of printing if done by a third party.

4. Gift Vouchers

4.1. Gift vouchers are valid only after full payment has been made.

4.2. Gift vouchers have a limited validity, which is always specified on the voucher. If the voucher is not used by the expiration date, it becomes invalid. The validity of the voucher can be extended for an additional 6 months for a fee of 500 CZK.

4.3. If the Client decides to cancel the voucher, they can find a replacement person to whom the voucher will be transferred. If no replacement is found, the amount for the voucher is forfeited to the Photographer.

5. Rights and Obligations

5.1. The Photographer reserves the right to use selected photos from the photoshoot for their own promotion (e.g., websites, social media, portfolio), unless otherwise agreed with the Client.

5.2. The Client has the right to request a restriction on the use of their photos for marketing purposes. This must be specified when concluding the Contract.

5.3. The Client may use the photos for personal purposes only. Commercial use (e.g., selling, publishing) is allowed only with the prior written consent of the Photographer.

6. Payments and Prices

6.1. Prices for photographic services are stated on the website or can be agreed individually.

6.2. Payment for services is made via bank transfer based on the Photographer's invoice or another agreed method.

6.3. If the invoice is not paid within the specified period, the Photographer has the right to withhold the delivery of photos or cancel the service.

7. Complaints

7.1. The Client must submit a complaint in writing within 7 days of receiving the photographs.

7.2. The Photographer undertakes to resolve the complaint within 30 days of its receipt.

7.3. The Client has the right to request a correction or adjustment of the photos only in the case of a proven serious mistake on the part of the Photographer. Complaints do not concern creative processing (the appearance of edited photos) or the photographic style, which the Client has the opportunity to familiarize themselves with through a gallery of photos for specific themes before the photoshoot or request a sample of the Photographer's work for the theme they wish to have photographed. Any request for deviations from the Photographer's style must be clearly agreed upon before the photoshoot.

7.4. Complaints do not apply to work that was approved as a final version or to work whose appearance or functionality corresponds to the Photographer's artistic intention.

8. Copyright and Rights to Use Photographs

8.1. Copyright to the photographs belongs to the Photographer, even if the Client has purchased digital files or printed photographs.

8.2. The Photographer has the right to use the created photographs for any purpose, including publication on social media, websites, or other media, without prior notice to the Client.

8.3. If the Client wishes to restrict the use of the photographs (e.g., does not want them to be published), they must inform the Photographer of this before the photoshoot, and it must be recorded in writing. The same rules apply to the storage of photographs in stock photo databases.

8.4. Any further modifications of purchased photographs, other than those made by the Photographer, are prohibited.

8.5. By purchasing digital photographs, the Client gains the following rights:

8.5.1. Private use rights: The Client may create physical copies (print photographs) for personal and non-commercial purposes. However, they may not use the photos for participation in competitions or public events without the Photographer's consent.

8.5.2. Right to Publish on the Internet: Clients are allowed to publish photographs on the internet (e.g., social media or personal, non-commercial websites). However, when publishing online, they must use web-optimized files with the Photographer's logo.

8.5.3. Commercial Use: The use of photographs for commercial purposes (e.g., marketing, advertising) is not allowed without prior written consent from the Photographer.

8.5.4. Distribution to Third Parties: The Client cannot provide photographs to third parties without the explicit consent of the Photographer.

9. Data Protection

9.1. Processing Personal Data: The Photographer processes the Client's personal data exclusively for the purpose of fulfilling the contract and in compliance with relevant legal regulations, including the General Data Protection Regulation (GDPR).

9.2. Sharing Personal Data: The Photographer will not share the Client's personal data with third parties without the Client's explicit consent, unless required by law.

10. Final Provisions

10.1. Effective Date: These terms and conditions are valid and effective from October 1, 2024.

10.2. Amendments: The Photographer reserves the right to change these terms at any time. The Client will be informed of any changes at least 14 days before they come into effect.

10.3. Dispute Resolution: Both parties commit to seeking amicable resolution of any disputes.

Mgr. Lucie Nermuťová, Photographer
Effective Date: October 1, 2024