GDPR and terms and conditions
TERMS AND CONDITIONS
valid from 1 January 2023
INTRODUCTORY PROVISIONS
These terms and conditions of business (hereinafter referred to as "Terms and Conditions") of the natural person ing. Jan Salač, with registered office at Budovatelská 4801, Zlín 760 05 , Postal Code: 760 01, ID No.: 06233104 , registered in the Trade Register kept at the Municipal Office in Zlín (hereinafter referred to as the "Photographer") regulate the following in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "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 the "Contract") concluded between the photographer and the client (hereinafter also referred to as the "Client").
Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of these Terms and Conditions.
The provisions of the Terms and Conditions form 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 acquaint himself with them. By concluding the contract, the client further agrees that these terms and conditions become an integral part of the concluded contract.
All contractual relations between the photographer and the client are governed by the laws of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and 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 governed by the terms and conditions shall be governed by the provisions of the Civil Code applicable to entrepreneurs.
ORDERING PHOTOGRAPHIC SERVICES
Ordering a photo shoot
You can make an appointment by email or by phone.
The order is binding now of agreeing the date of the photo shoot by the client and the photographer in writing via SMS or e-mail.
By ordering, the client confirms acceptance and understanding of these terms and conditions, as well as understanding of the author's approach and photographic style with which the photographer works and has no objections to it.
Ordering period
The ordering period is based on the current workload.
Cancellation
If the client is unable to attend the arranged shoot for any reason and requires cancellation or an alternative date, it is the client's responsibility to notify the photographer by phone or email well in advance.
Alternative term
The client understands that if he/she requests a replacement appointment, he/she will be offered the next available appointment based on the photographer's current availability.
PRICE OF PHOTOGRAPHIC SERVICES
The price of services is determined individually according to the job.
Payment of prices
The due date for services is set by the date on the invoice.
If the price of the selected package or any additional charges for additional services beyond the package are not paid, the photographer reserves the right not to submit the job until it is properly paid.
PHOTOGRAPHING
Realization of the photo shoot
All types of photography, are by appointment. In the case of weekend photography, the price is increased by 30%.
Exterior photography
The location of the exterior photo shoot is determined by agreement with the photographer and all types of photo shoots offered are realized there.
In case of severe weather, the outdoor photo shoot will be rescheduled.
SELECTION OF PHOTOS
Within 10 working days after the photo shoot, the client will receive a link to a gallery with unretouched previews of the photo shoot from which he/she will choose photos for final editing.
The thumbnails that will be sent represent the best images from the shoot and their selection is made solely by the photographer. Their number is not fixed but always allows for a sufficient selection due to prior agreement.
According to the Copyright Act No. 121/2000 Coll., it is not allowed to publish or edit these previews anywhere without the consent of the photographer as the author of the work (they are the property of the photographer and are intended solely for selection for retouching)
Submitted previews of photographs may not be edited in any way or presented publicly and are only for the client's personal use and for the subsequent selection of photographs that the client wishes to edit.
Selected photographs for editing will be sent back by the client as soon as possible, but no later than 3 weeks after receipt.
If the selection for photo editing is sent after this deadline, the photographer reserves the right to extend the delivery time (see Photo Delivery Time).
Ordering photographs for retouching and printing is binding (if the customer waives the printed photographs within the selected package, there is no adjustment to the package price)
After the order is completed, the created gallery with thumbnails is deleted.
DELIVERY OF PHOTOS
The delivery time of the photos is 8 weeks from the date of sending the selected proofs for editing, not from the date of shooting.
I reserve the right to extend the delivery time in the following cases:
When selecting 10 or more photos beyond the selected package.
If the photographer receives the selection of photos for editing after the 3rd week from the date of sending the proofs, the delivery time is automatically extended up to 10 weeks from the date of delivery of the selected proofs for editing
Delivery time for wedding photography can vary depending on the season - approximately one month from the wedding. In the event of unforeseen circumstances, the photographer reserves the right to extend this period by 1 month. After this period, in accordance with the contract, the photographer will pay a penalty for each day of delay.
Transfer of photographs
The finished job will be delivered to the clients in both an electronic version via Dropbox or other service preferred by the client to their email address. Alternatively, if the client wishes, this can also be done physically on a USB drive.
Delivery on physical media is possible in person or by courier or postal service.
PHOTO PROCESSING
Format of photos
Processed photographs will be delivered in the scope of the selected package in JPG format at full resolution (suitable for large format printing) and also in a reduced version for web or TV viewing.
I DO NOT PROVIDE UNEDITED PHOTOS!
Retouching
The following adjustments are made to the photographs as part of the price: cropping, exposure balancing, contrast, brightness, colouring, removal of momentary defects such as pimples, small bruises, scratches
More advanced retouching such as skin enhancement and unification, etc. is done by the photographer in the case of portrait or promotional shoots
Dissatisfaction with one's own appearance is not a reason to complain about the photographs
Archiving of photographs
If the client wishes to claim the job, he/she must do so within this period.
I archive the submitted photos (jpg formats) for two years, in the case of wedding commissions half a year after submission.
If a USB with photos is lost or damaged during this time, the photographer can resend the data via web services.
CONSENT TO PROVIDE PHOTOS
All photographs published in the portfolio, on social networks or on their website have the consent of the persons concerned. If the client changes their mind, they have the right to withdraw their consent in writing or by email at the address or email address provided in the Contact page.
PROCESSING OF PERSONAL DATA
In the course of my business, I process your personal data in my capacity as a data controller, and in such processing I act in full compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
COPYRIGHT
Unless otherwise stated in writing 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 permission of the photographer. Photographers may use the photographs for their own non-commercial personal presentation.
All content is protected by copyright.