TERMS AND CONDITIONS

TERMS AND CONDITIONS

Valid from 12.01.2023

These Terms and Conditions ("Terms and Conditions") of the entrepreneur and natural person, Bc. Ievgeniia Kobzeva, ("Photographer"), who is NOT a VAT payer, postulate the mutual rights and obligations of contractual parties established in connection with or based on an agreement on photographic services concluded between the Photographer and the Client (“Agreement”). This Agreement is concluded in accordance with Czech Law, specifically the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code ("Civil Code").

Provisions deviating from these Terms and Conditions may be agreed upon in individually concluded agreements. Such deviations agreed upon in individually concluded agreements have priority over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions form an integral part of the Agreement concluded between the Photographer and the Client. The Client will be notified of these Terms and Conditions sufficiently in advance and prior to the execution of the order, and they will have the opportunity to read them. By concluding the Agreement, the Client further agrees that these Terms and Conditions become an integral part of the concluded Agreement.

All contractual relations between the Photographer and the Client are subject to the laws of the Czech Republic. If a contracting party is a consumer, contractual relations not regulated by the Terms and Conditions are subject to the Czech Civil Code and Act No. 634/1992 Coll., Czech Consumer Protection Act. If a contracting party is an entrepreneur, relations not regulated by the Terms and Conditions shall be subject to the provisions of the Czech Civil Code applicable to entrepreneurs.

ORDERING SERVICES

Photographic services can be ordered via website, email or by phone

The order is binding at the moment of approval of the date of the photo shoot

By making a binding order of the Photographer's services, the Client agrees to have read and accepted these Terms and Conditions. And also agrees with the author's approach and photographic style of the Photographer

BOOKING TERMS

The booking term depends on the current workload of the Photographer

Reservation is valid only after payment of the deposit, which is 500 CZK. (in case of a wedding photo session - 1 000 CZK)

The date of the photo session is binding on both parties of these Agreement

CANCELLATION OR RESCHEDULING

OF THE BOOKED SESSION

If you are unable to attend the booked photography session for whatever reason, and you need to cancel it or postpone until a later date, it is your responsibility to give a long enough notice, either by phone or email. The notice should be given no later than 4 days before the planned session.

The shooting date can only be postponed once no later than 4 days before the planned session. The new date must be booked within 1 calendar month after the originally agreed date.

The Client understands that if he/she asks to postpone the photography session, he/she will be offered the nearest available date depending on the current workload of the Photographer

The deposit is refundable only if the session is canceled at least 4 days before the planned session

PRICES AND PAYMENT

A price list of photographic services is available at all times on this website.

Payment for the photo session in full is paid on the day of the photo session and it will be made by cash or by bank transfer to the Photographer's bank account.

The price of extra photos and any additional products (deeper retouching, etc.) is paid as an additional payment by bank transfer

If additional services have been ordered (deeper retouching etc.), the payment must be made before the Photographer starts to edit selected photos

If the Photographer does not receive the payment for services Photographer reserves the right not to deliver the order until the payment is made

PHOTOGRAPHY SESSION PROCESS

Planning a photo session style, creating a moodboard, complete preparation for the photo session, including the cost of the chosen location (excluding the cost of renting a photo studio), are included in the price of each photo session

The cost of renting a photo studio, the cost of makeup artist services or other costs related to the photo session are not included in the price of photo session and are calculated separately

I collaborate with an excellent team of beauty professionals who I am happy to recommend to you if needed.

Outdoor photo sessions

In case of bad weather, the outdoor photo session can be postponed until a later date only at the Client’s request

TRAVEL EXPENSES

Travel costs up to 10 km from Brno are included in the photo session price

If the Photographer travels for a photo session outside Brno (over 10 km), the Photographer will charge an additional fare of 10 CZK/km + 150 CZK/hour for each hour spent on the road (for the round trip)

In the case of a trip not by a private car (bus, train, plane), the fare includes the price of a round-trip ticket + 150 CZK / hour for each hour spent on the road (for the round trip)

All expenses for accommodation (if necessary) are also paid by the Client

PHOTOGRAPHY SESSION LENGTH

The length of the photography session may vary depending on the type of photography session ordered.

Lateness of the Client is not a reason to extend the time of the photo session

If the Client is more than 20 minutes late without prior notice, the Photographer has the right to cancel the session and leave the studio or agreed location.

It is forbidden to make any recording of the photo session during the entire studio or outdoor session, whether it be photos or videos, without the consent of the Photographer

PHOTO SELECTION

Within 3 working days after the photo session, the Client will receive by e-mail (or other pre-agreed method) a link to the gallery with unretouched original images, from which he / she will select photos for final editing

The selection of the best photographs is at the discretion of the Photographer.

I do not provide absolutely all the original pictures without pre-sorting!

In accordance with copyright law Act No. 121/2000 Coll., it is forbidden to publish the original images anywhere without the consent of the Photographer as the author of this work, as well as to edit them (they are the property of the Photographer and are intended only for selection for edit)

The submitted original images cannot be edited in any way or presented publicly and are intended only for the personal use of the Client and for the following selection of photographs which the Client wishes to edit

The Client undertakes to select photos for editing as soon as possible, but no later than 1 week after receiving the original images.

If the selection of photos for editing is submitted after this deadline, the Photographer reserves the right to increase the photo processing time (see Photo processing time)

After the work is completed, the created gallery with original images will be deleted. If the client has not selected their photos for editing even 1 month after receiving the original images, the gallery will be also deleted.

For re-uploading the gallery (even if the client wants to add more photos after the order is completed and sent), a processing fee of 300 CZK is charged.

PHOTO EDITING TIME

Photo editing time is 1 week (in busier periods - 2 weeks) from the moment the selected original images are sent for editing, not from the moment they are taken.

The photographer reserves the right to increase the delivery time in the following cases: - if the Photographer receives the selected original pictures for editing after 1 week from the date of sending the gallery, the editing period is automatically extended to 4 weeks

Edited photos do not contain the photographer's logo

The editing time for wedding photos may vary depending on the season - approximately 2 weeks from the wedding day.

DELIVERY OF THE PHOTOGRAPHS

The finished work is transferred to the client in electronic form via Google Drive to his email address and stored on Google Drive for 1 month after receiving the edited photos.

PHOTO EDITING

All the selected photographs undergo basic retouching. This means adjusting the brightness, contrast, colour tones; cropping, straightening the horizon, smoothing skin, and removing small blemishes. Adjusting the background, or removing possible distracting elements in the background.

Special requests for more complex retouching (removal of wrinkles, straightening unruly hair, teeth whitening, removal of tattoos in children, etc.) are possible upon prior agreement with the Photographer for an additional fee from 200 CZK per photo (the price depends on the complexity of the required adjustments)

Photographer reserves the right to edit in her own style

Client has the right to one correction/change of edited photos, which you can request within 2 weeks after receiving the finished work.

STORING AND ARCHIVING OF THE PHOTOGRAPHS

The Photographer archives all unedited photographs (in RAW) for 1 month following the delivery of the order. After 1 month, the data is deleted in accordance with The General Data Protection Regulation (EU) 2016/679 (GDPR).

Accordingly, if the Client wants to raise a complaint, they must do so within one month following the delivery of the order

The delivered photographs (in JPG) are archived for one year.

RAISING A COMPLAINT

Each Photographer has a unique style of working with light, environment, composition, and other aspects of photography. If the Client is not satisfied with the Photographer's style, this by itself does not constitute a reason for raising a complaint.

According to these Terms and Conditions, the Client should make themselves familiar with the Photographer’s style prior to ordering a photography session with the Photographer.

The aesthetic quality of the photographs cannot be the subject of a formal complaint.

COPYRIGHT

All photographs are subject to copyright and are the property of the Photographer. The photographs may not be used for commercial purposes, promotion, or sale to a third party without a prior written consent of the Photographer. The Photographer may use the photographs for personal, non-commercial presentation.

CONSENT TO PUBLISH THE PHOTOGRAPHS

All photographs published in the Photographer's portfolio, on social media or on their website were published with the verbal consent of the relevant persons. If the Client changes their mind about their consent, they have the right to withdraw their consent, either verbally or in writing.