GENERAL TERMS AND CONDITIONS FOR WEDDING PHOTOGRAPHS, PHOTO REPORTS AND oTHER SERVICES
Malý rad 154/10
076 43 Cierna
International TAX number (IC DPH) - SK1083716931
The following general terms and conditions (GTC) apply to all orders, offers, deliveries and services carried out by Nemetiphotos - Róbert Németi phtography. The terms and conditions serve to regulate and clarify some of the content of the contractual relationship, which is otherwise determined by the content of the individual order. The contracting parties agree that the present General Terms and Conditions of Nemetiphotos - Róbert Németi photography shall apply exclusively. Any terms and conditions of the client do not apply. Agreements that differ from these general terms and conditions must be made in writing and must be expressly marked as such. If the contracting parties have made different agreements, these shall take precedence over the present Nemetiphotos - Róbert Németi photography. "Photos" in the sense of these terms and conditions are all products manufactured by Nemetiphotos - Róbert Németi photography regardless of the technical form or medium in which they were created or are available. (Negative, printed or exposed paper images, printed or exposed images in photo books and wedding albums, digital images in online galleries or on other data carriers, videos, etc.)
CONCLUSION OF THE CONTRACT
The basis for the assignment is the respective offer from Nemetiphotos - Róbert Németi photography, in which all agreed services as well as the remuneration are stipulated. These offers from Nemetiphotos - Róbert Németi photography are non-binding and are valid for a maximum of 5 days. After receipt of an order confirmation, the order comes into effect only with the transfer of an appointment reservation fee in the amount of 10% of the total amount.
The agreed fee applies to the production of the photos. For end consumers, the fee includes the applicable VAT. Nemetiphotos - Róbert Németi photography confirms the order and the amount by email. This means that a reservation fee of 10% of the total amount is due within 5 days by bank transfer. With his transfer, the client declares the correctness of the order confirmation from Nemetiphotos - Róbert Németi photography and thereby confirms the binding order placement. The remaining payment will be initiated by Nemetiphotos - Róbert Németi photography. The client agrees to receive invoices by email. The arrival and departure of Nemetiphotos - Róbert Németi photography takes place from Košice, Slovakia. No travel costs are charged for this within a 30km radius of Košice, Slovakia. The respective travel costs are bindingly stipulated in the contract.
If the arrival and departure of Nemetiphotos - Róbert Németi photography exceeds the previously agreed scope, or if nothing has been agreed or confirmed in writing, the following travel costs will be charged: € 0.30 / driven km. If we travel by train or plane or if we need to stay overnight, the actual costs and expenses for the overnight stay (against receipt) will be invoiced. If agreed in the contract, the client will provide a single room near the wedding location. In order to ensure punctual attendance at wedding dates, there is usually an overnight stay of 2 nights. Food and drinks during the report will be provided by the client free of charge. If the client wishes changes during or after the recording production, he has to bear the additional costs. For spontaneous extension of the production at the express request of the client, a fee will be charged for the additional hour started. . In the event of intent or gross negligence on the part of the client, Nemetiphotos - Róbert Németi photography can also assert claims for damages.
RESERVATION OF TITLE
The delivered materials and other goods (online gallery, etc.) remain the property of Nemetiphotos - Róbert Németi photography until the purchase price has been paid in full.
EXECUTION OF THE CONTRACTUAL OBLIGATIONS
The client is advised that the photos are always subject to the artistic freedom of the photographer. Complaints and / or notices of defects with regard to the artistic freedom exercised by Nemetiphotos - Róbert Németi photography, the location and the optical and technical means of photography used are therefore excluded. Subsequent requests for changes by the client require a separate agreement and commission and are to be paid for separately. It cannot be guaranteed that all guests present will be photographed, for example at weddings or other photo reports. However, Nemetiphotos - Róbert Németi photography always endeavours to achieve this if the client wishes so. In the case of half-day and full-day bookings in particular, Nemetiphotos - Róbert Németi photography or its vicarious agents must be granted appropriate breaks including meals. Nemetiphotos - Róbert Németi photography selects the images that are delivered to fulfil the contract. Nemetiphotos - Róbert Németi photography does not permanently archive the image material created during a production, unless otherwise expressly agreed in writing. Original files, including RAW recordings, remain with Nemetiphotos - Róbert Németi photography and they are only released to the client with a separate agreement.
WARRANTY AND LIABILITY
Claims for damages against Nemetiphotos - Róbert Németi photography based on delay, impossibility of performance, breach of statutory and / or contractual ancillary and protective obligations upon conclusion of the contract are excluded unless the damage was caused by grossly negligent or wilful behaviour on the part of Nemetiphotos - Róbert Németi photography The organisation, allocation and execution of bookings is done with great care. However, if Nemetiphotos - Róbert Németi photography does not appear at the agreed photo appointment due to special circumstances, such as sudden illness, traffic accident, environmental influences, traffic disruptions, etc. (also by family members of Róbert Németi), no liability can be assumed for any resulting damage, loss or consequences. Should Nemetiphotos - Róbert Németi photography fail at short notice due to force majeure, If so desired by the customer, they will endeavour to find a replacement photographer who will perform his work on his own account. However, there is no entitlement to this. Nemetiphotos - Róbert Németi photography is entitled to commission external laboratories, photo book manufacturers or producers of wedding albums, printing companies, etc. Nemetiphotos - Róbert Németi photography is also entitled to carry out the orders using its own staff or external services. Nemetiphotos - Róbert Németi photography is not liable for the loss of stored data and digital photos and does not provide any compensation for damage caused by transferring the data supplied to a computer. Nemetiphotos - Róbert Németi photography is only liable for its own fault and only for wilful or grossly negligent behaviour. Compensation for damages beyond the material value is excluded. Complaints of any kind, must be submitted to Nemetiphotos - Róbert Németi photography in writing within 5 days of the photos being handed over. Thereafter, the photos are deemed to have been accepted in accordance with the contract and free of defects. Technically flawless photos that may lead to disappointing expectations on the part of the client due to differing views on the artistic design by Nemetiphotos - Róbert Németi photography do not represent a defect. Delivery dates for photos are only binding if they have been confirmed in writing by Nemetiphotos - Róbert Németi photography.
USE & COPYRIGHT
All rights of use and copyrights remain exclusively with Nemetiphotos - Róbert Németi photography, even after a contractual agreement has been concluded. If Nemetiphotos - Róbert Németi photography transfers a restricted right of use or reproduction to the customer, a clear reference to Nemetiphotos - Róbert Németi photography's copyright must be made in the event of public use of the data. The client only acquires the rights to use the images for private use. The right of reproduction and transfer to third parties is granted for private purposes. The rights of use are only transferred to Nemetiphotos - Róbert Németi photography after the fee has been paid in full. The commercial use, commercial resale, commercial rental of Nemetiphotos - Róbert Németi photography goods or their use in public performances or in photo competitions require prior written approval from Nemetiphotos - Róbert Németi photography. Any technical changes to the supplied photo data (image processing, changes to details, etc.) are expressly prohibited. Nemetiphotos - Róbert Németi photography may use the photos in the context of self-promotion and for illustration purposes (e.g. for exhibitions, trade fairs, websites, blogs, specialist magazines for photography, etc.). The client (s) give their express consent to this with the conclusion of the contract, provided that no other agreements have been made in writing.
The client agrees that his personal data required for business transactions will be stored. If services from third parties are necessary to fulfil the order, the client agrees that his data will be transferred within the scope of the order fulfilment. The photographer undertakes to treat all information that has become known to him in the context of the order confidentially.
OPPOSITION AND CANCELLATION
The client can revoke the order within 14 days without giving reasons. An informal written notification by email is sufficient for this. The start of the contract is the date on which the payment of the appointment reservation fee is received by Nemetiphotos - Róbert Németi photography. If the client withdraws from the contract with the consent of Nemetiphotos - Róbert Németi photography after the objection period has expired and before the agreed photo session, the client will be charged a portion of the agreed amount. If the contract is canceled up to 6 months in advance of the appointment, Nemetiphotos - Róbert Németi photography will retain the appointment reservation fee already paid. In the event of cancellation 6 to 3 months before the date, Nemetiphotos - Róbert Németi photography will invoice 50% of the total amount (minus the deposit already paid). If the client cancels the contract 3 to 1 months before the date, Nemetiphotos - Róbert Németi photographywill invoice 75% of the total amount (minus the advance payment already made). In the event of cancellation 1 month or less before the date, Nemetiphotos - Róbert Németi photography will charge 100% of the total amount.