Business Owner Information
Business Owner Name: Hennel Mariann Sole Proprietor
Headquarters: 2141 Csömör, Csalogány u. 31.
Tax Number: 67655511-1-33
Registration Number: 50557954
Registering Authority: Ministry of the Interior
Phone Number: +36 20/9380 783
Email Address: mariann@profikismamafotozas.hu
The Business Owner does not have a code of conduct under the Law on the Prohibition of Unfair Commercial Practices concerning consumers, nor is a member of any professional association.
Availability of General Terms and Conditions
The Business Owner sends the current General Terms and Conditions to the Customers via email.
Content of the General Terms and Conditions
These General Terms and Conditions contain the rights and obligations of the Customer using the services provided by the Business Owner, as well as the terms and conditions of the agreement between the contracting parties. These terms are considered general terms and conditions under Section 5 of Act CVIII of 2001 on certain questions of electronic commerce services and information society services, and comply with the provisions of Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. Some provisions of these General Terms and Conditions only apply to Customers acting as Consumers.
If the Customer wishes to use the services of the Business Owner, they must accept the provisions of these General Terms and Conditions, which can be done by confirming via email. Upon acceptance of these General Terms and Conditions, a contract is formed between the Business Owner and the Customer. If the Business Owner sends the link to the online availability of these General Terms and Conditions along with the offer, but the Customer does not respond to the acceptance of the General Terms and Conditions, however accepts the offer and makes the payment, it will be considered that the Customer has accepted the provisions of these General Terms and Conditions.
Validity of the General Terms and Conditions
These General Terms and Conditions enter into force on July 7, 2020. The provisions of these General Terms and Conditions apply to all Customers and orders from the effective date.
The Business Owner reserves the right to amend these General Terms and Conditions. In the event of a modification, the General Terms and Conditions that are in force at the time of the order will apply.
Conclusion of the Agreement
Photography:
The relationship between the Customer and the Business Owner is formed upon acceptance of the offer and these General Terms and Conditions.
The agreement is concluded electronically when the Customer accepts the offer from the Business Owner.
The Customer (by phone, email, or social media) specifies their needs and requests an offer from the Business Owner or registers for a photoshoot by selecting a photography package from the Business Owner’s website and completing the relevant form. The Customer selects the photography package they wish to use from the website. The offer includes the name of the photography package, the location, date, the price, payment terms, the deposit amount, and other specific provisions. The Business Owner is not responsible for any typographical errors or incorrect information.
The booking for the photography session is only considered valid after the payment of the deposit. If the deposit is not received within 3 working days after selecting the location and date, the Business Owner cannot hold the time slot and will cancel the booking.
If the Customer accepts the offer and transfers the deposit, the contract is established between the parties.
Prior to the photoshoot, the Business Owner will send the Customer detailed information regarding the photoshoot.
Within 1 week of the photoshoot, the Business Owner will upload the raw images to a private gallery on their website. The gallery will be password protected and only the Business Owner and Customer can access it.
The Customer is required to select the images they wish to have retouched within 1 week. If this deadline passes without the Customer’s selection, the Business Owner may decide at their discretion which images to retouch.
After the images are selected, retouching will be completed within 2-3 weeks.
The Business Owner will send the retouched images electronically to the Customer after full payment of the agreed price.
Collaboration
The parties agree to cooperate in the implementation of these General Terms and Conditions and the execution, manner, result, and quality control of the agreement.
The official form of communication between the parties is electronic or paper-based correspondence: in the cases of orders, confirmations, cancellations, approvals, or modifications.
Compensation, Payment Obligations, Terms
The Business Owner – in connection with the photography service – will be compensated for the completion of the tasks specified in the offer with a pre-agreed fee. The fee amount is determined in the offer.
The fee includes all costs and expenses related to the services provided by the Business Owner, except for any additional costs, fees, and expenses arising from additional services or extra work, which are accepted based on a separate offer. The fee also covers the usage fee for the photographs. The Customer is obliged to reimburse the Business Owner for any additional costs that arise due to extra work and were not foreseeable at the time of signing the contract.
After the confirmation sent by the Business Owner, the final amount due remains unchanged. However, in case of a technical error or mistake, where an incorrect fee significantly deviates from the market price, the Business Owner will contact the Customer for clarification before providing the service. The Business Owner does not consider such orders valid and is not responsible for any resulting damages. The Business Owner will do everything to display the correct fee. However, if despite all due care a wrong price is displayed, the Business Owner is not obligated to provide the service at the incorrect price.
Payment Terms
The Customer agrees to pay 25-30% of the agreed fee (depending on the selected package) to the Business Owner as a deposit when submitting the order. The Customer understands the meaning of the deposit and is aware that if the service is not provided due to their fault, the deposit will not be refunded. The deposit is deducted from the final total fee.
If the contract fails due to reasons for which the Business Owner is not responsible (e.g., force majeure, accident, illness, third-party error, bad weather, burst pipes, etc.), the deposit will not be refunded. The tasks will be performed at a rescheduled time.
The remaining fee and any additional costs are due within 5 days after the final invoice is issued by the Business Owner. The invoice can be paid via bank transfer to the Business Owner’s CIB Bank account: 10702301-71621458-51100005, or in cash.
Completion
Upon completion, only the number of retouched photos specified in the offer will be handed over; raw photos cannot be purchased or handed over.
In case of urgent work, the Business Owner has the right to charge an additional fee, subject to prior agreement.
Warranty
The Business Owner is obliged to perform the tasks with the utmost care, using the best of their knowledge and experience, applying the most advanced methods and techniques.
The Business Owner does not take responsibility for data loss caused by malfunctioning professional equipment, even though all measures will be taken to store the data safely.
Modification and Termination of the Contract
The parties may modify or terminate the contract by mutual written agreement.
The Customer and the Business Owner may terminate the contract immediately if the other party breaches its contractual or other legal rights.
If the Customer significantly violates their obligation to cooperate, making it impossible or difficult to perform the tasks specified in the offer, the Business Owner has the right to terminate the contract. In such cases, the Business Owner is entitled to the full fee as if the task was performed according to the contract.
Upon termination, the parties will settle accounts, and the Customer will pay the Business Owner for the work performed.
Right of Withdrawal for Consumers
The Customer (Consumer) does not have the right to withdraw from the contract after the service has been fully performed, provided the Business Owner has started the performance with the Customer’s explicit prior consent and the Customer acknowledges that they will lose the right of withdrawal once the performance begins.
Confidentiality
The Business Owner is obliged to keep confidential any business secrets and important information about the Customer, and not to disclose or use them for other purposes.
The Customer agrees to keep confidential any business secrets and important information about the Business Owner and their operations.
Both the Business Owner and the Customer are bound by confidentiality during the term of the contract and after its termination.
Personal Data Processing and Data Protection
Photographs taken by the Business Owner are considered personal data, as they can be associated with the individual and conclusions can be drawn from them. By accepting these Terms and Conditions, the Customer gives explicit consent for the Business Owner to take photographs of them.
Copyright
The photographs, raw materials, and other intellectual properties created during the contract are subject to copyright laws, and the Business Owner holds the rights to them.
By agreement, the Business Owner grants the Customer the right to use the photographs without time limitations. The Customer cannot transfer this right to a third party or grant further permission for third-party use.
Complaints Handling
If the Customer is dissatisfied with the service provided, they may file a complaint by phone or in writing: by mail (Hennel Mariann Sole Proprietor, 2141 Csömör, Csalogány u. 31.) or by email (mariann@profikismamafotozas.hu).
The Business Owner is required to investigate all complaints and respond accordingly. If the complaint cannot be resolved immediately, the Business Owner will document the complaint and its response.
Dispute Resolution
In case of any dispute, the parties agree to attempt resolution through negotiations. If negotiations fail, the exclusive jurisdiction of the Gödöllő District Court or the Budapest Regional Court is agreed upon.