General Terms and Conditions for Christmas photography and Portrait photography

1. Introductory Provisions

1.1. The terms and conditions of using the photo and film production services provided by Arts Illustrated Kft., as a service provider (from now on: the Service Provider), which can be purchased on the www.artsillustratedstudios.pro website operated by the Service Provider, are governed by these General Terms and Conditions (hereinafter: GTC).

1.2. The provisions of these GTCs are effective from 10/01/2024.

1.3. By ordering the services provided by the Service Provider through the website or through direct contact, a Contract for the use and provision of services according to the conditions set out in these GTC (hereinafter referred to as the Contract) is established between the Service Provider and the user of the service (hereinafter: the Customer). The language of the Contract established under these Terms and Conditions is Hungarian, it is concluded exclusively in electronic form, it is not considered a written contract, so it cannot be accessed and viewed afterward, and it is not filed by the Service Provider. The service provider does not submit to the provisions of the code of conduct.

1.4. By placing a reservation or purchase tomorrow, the customer simultaneously accepts the contractual conditions defined by these GTC, agrees with all its provisions, and acknowledges them as binding by ticking the check box created for this purpose in the reservation system.

1.5. The Service Provider and the Customer (hereafter referred to as the Parties) undertake to notify the other party by phone or email of any data entry errors (“half-clicks”) occurring during the reservation or purchase tomorrow and to correct the error after consultation.

2. Service provider data:

• Name: Arts Illustrated Kft.
• Headquarters: 1085 Budapest, Baross u. 4., 3.em/21.
• Email address: hello@artsillustratedstudios.pro
• Phone number: +3630-340-6565
• Company register number: Company register number registered at the Commercial Court of the Capital City Court: 01 09 961349
• Tax number: 23348714-2-42,
• Data of hosting provider: DotRoll Kft. (1148 Budapest, Fogarasi út 3-5., support@dotroll.com)

3. Creation of the Contract, the course of the reservation, and modification of the reservation:

3.1. The Customer can book a photo/filming appointment via the Service Provider’s website, via the reservation system on the artsillustrated.booked4.us website, which can be accessed using the “Book an appointment” button, by completing the appointment booking process. The Service can be ordered on the appointment reservation page, after entering the selected package and date, after answering the questions regarding the details of the Service, after entering the personal data, and after accepting these GTC, click on the “Booking finalization button”. Mandatory personal data: Customer’s name, e-mail address, telephone number.

3.2. The Contract is established by the written (e-mail) confirmation of the order – appointment reservation – duly forwarded by the Customer and, accordingly, with the written confirmation of the order – reservation – the Contract between the Parties is considered an unwritten contract.

3.3. The Service Provider expressly draws the Customer’s attention to the fact that only after the order has been confirmed electronically – which also means the confirmation of the booking of photography and filming – is he entitled to demand the provision of the service from the Service Provider. The absence of a confirmation email means that the reservation has not been made.

3.4. The Service Provider draws the Customer’s attention to the fact that the confirmation sent by the Service Provider is deemed to have been received when it becomes accessible to the recipient. The Service Provider bears no responsibility in the event that the electronic message containing the confirmation is not received by the Ordering party because the e-mail was entered incorrectly during the reservation, or the message cannot be delivered due to the saturation of the Ordering party’s electronic mailbox. The appointment was made in these cases as well.

3.5. An order and/or modification of an order transmitted orally is considered accepted by the Service Provider only in the event that the Service Provider has confirmed the order and/or modification of the order in writing. At that time, based on the written confirmation of the Service Provider, the content of the created or modified Contract can be clearly established.

3.6. Verbal confirmation of the order and/or modification of the order by the Service Provider does not constitute an obligation for the Service Provider, even if the order and/or its modification were forwarded in writing by the Customer.

3.7. Regarding the use of services provided by the Service Provider and ordered by the Customer between the Parties The contract is concluded for a fixed period of time – the same as the booking period confirmed in writing by the Service Provider.

4. Details of the Service

4.1. By placing the order, the customer entrusts the Service Provider with the production of photos/films according to the photography and filming package, against the fee according to the package, according to the following conditions. The Service Provider declares that it has the necessary experience, knowledge, and technical equipment to provide the Service.

4.2. Location of the Service: The Customer acknowledges that the location of the Service is included in the ordered package, it can be a studio or an external location. The location of the Christmas photo shoot is basically the studio, whose address is 1085 Budapest, Baross u.4., 3.em/21. In case of ordering outdoor photography, the location will be agreed upon in advance by the Customer and the Service Provider.

4.3. Equipment of the studio: The Service Provider ensures that the studio has the necessary equipment to perform the ordered Service. The studio also has a dressing room and a washroom.

4.4. Christmas Decorations: Christmas decorations are available in the studio during the Christmas photo shoot on the Christmas photo shoot dates announced on the website. The Christmas decoration includes various styles of venues, it changes every year, as described on the website. The pictures on the website show decorations made in the studio in previous years.

4.5. The time for photography and filming also includes the time for changing clothes.

4.6. The Customer commissions the Service Provider to carry out photography and film-making tasks at the booked time, as well as the photographic follow-up work related to the recordings, and the ready-to-cut video recordings, with particular regard to the following:

• The service provider undertakes to complete the tasks according to the best of his professional knowledge and is obliged to make the photo and video recordings in the highest quality that can be expected from him.
• The service provider is obliged to appear at the booked times and locations with appropriate equipment.
• The Service Provider undertakes to deliver the film(s) and photos according to the ordered photography and filming package to the Customer within 14 working days in the case of Services ordered by private Customers. In the case of Christmas photography, the photo number according to the ordered photo package will be handed over to the Customer within 10 days according to the order, or within 2 days with accelerated delivery in the case of an extra service order.
• The completed digital photos and films are transferred to the Customer via a web server using a download link.

4.7. The parties agree that before placing the order or reservation, the Customer was informed about the artistic direction of the photographs and video recordings made by the Service Provider, and viewed his previous works and references on his website and Vimeo profile. The customer acknowledges that the location, environment, weather conditions and light conditions significantly influence the photo and video recordings taken outdoors or on-site.

4.8. The customer will be given the specified number of fine-tuned photos and film, as well as – if included in the given package – retouched photos specified in the ordered package.

4.9. The service provider performs color and contrast correction and soft effects on the fine-tuned photos and transferred films; e.g.: playing with colors, color transitions, and focus.

4.10. Content of a retouched photo: creation of a unique black-and-white / color image world, cropping, and adjustment of the composition, detail-rich highlighting of tones, contrast correction. Furthermore, character emphasis, manual image, and facial cleansing, and correction of wrinkles and skin defects. The retouched photo does not include: body contouring, or digital plastic surgery, which service can be ordered individually based on a separate price quote.

4.11. The Customer acknowledges that he is aware of the Service Provider’s style of photographing and filming, as well as the style of editing/image development, has acknowledged and accepted it, and orders the Service based on this information. If the Customer has needs that differ from the Service Provider’s style, the Customer will inform the Service Provider of this in advance and the Parties will agree in advance in writing on the feasibility of these requirements.

4.12. Data storage: The service provider stores the entire photo and film raw material for 1 year after the date of recording. If the Customer wishes to order any subsequent modifications, new cuts, or to purchase all the images/recordings, he has the option to do so within 1 year from the date of recording. The Customer undertakes to download the submitted photo and film material from the Service Provider’s server no later than 1 year from the date of recording. From the end of the 1st year after the recording, the Service Provider does not store the photo and film materials, after 1 year after the recording, the entire material is deleted. If requested by the customer, it is possible to store the transferred photo and film material as well as the raw material for more than 1 year for subsequent cuts and use on the basis of a separate quotation.

4.13. Selection of photos and film recordings: The customer agrees that the selection of fine-tuned/retouched photos and the recordings included in the cut film is carried out by the Service Provider, as this work process requires a professional and artistic point of view.

If the Customer orders the extra option for personal selection in the case of Christmas photography, the Customer selects the images to be processed and retouched in the ordered package from the images provided by the Service Provider. In this case, the Customer undertakes to send the images to be developed and retouched no later than 14 days after the transfer of the images. If the Customer does not send the selection of images to be developed and retouched to the Service Provider no later than 1 year from the date of the photo shoot, he hereby waives the developed and retouched images. After 1 year from the recording, the Service Provider does not undertake to develop or retouch the images.

If the ordered package contains retouched images in addition to the delivered photos, which are selected by the Customer, the Customer undertakes to send the images to be retouched no later than 14 days after the delivery of the images (if the chosen package contains such). If the Customer does not send the selection of images to be retouched to the Service Provider no later than 1 year from the date of recording, he/she waives the retouched images. After 1 year from the recording, the Service Provider does not undertake to retouch the images.

4.14. The Service Provider is not obliged to use the music tracks selected by the Customer for the films, especially if they fall under the copyright of a third party. The customer undertakes that if copyrighted music is included in his film, he will only use it in a private way that does not infringe copyright.

4.15. The content of the service provided by the service provider is the same as the services detailed in the photography/filming package shown on the website. Any other service not listed in the package is an additional cost (e.g. hair, make-up, stylist).

4.16. Person of the specialist: Any of its employees or subcontractors who have the appropriate expertise to perform the task can act on behalf of the Service Provider.

4.17. If, at any time during the performance of the Service, a circumstance arises for the Service Provider that hinders performance (in particular: illness, traffic obstruction, accident, etc.), it must notify the Customer immediately.

4.18. The Service Provider undertakes to act with the interests of the Customer in mind at all times during the recording.

4.19. The contracting parties agree to cooperate in the implementation of these provisions, to check the method, results, and quality of the implementation, and to coordinate to promote the performance of the Service Provider in accordance with the contract, to discuss any issues that may arise that require clarification.

5. Payment terms

5.1. The prices applied by the Service Provider can be found on the Service Provider’s website. The prices indicated on the website refer to the content included in the given package and listed there. The package price does not include all recorded raw films, photos and audio recordings, unless this is indicated separately. There is an extra option available for purchasing all captured images / recorded films and audio recordings, or it is possible upon individual agreement.

5.2. The prices indicated on the website also include the usage fee for photo and video recordings according to the usage detailed in point 12.

5.3. The Service Provider is entitled to freely change the prices it applies at any time, provided that the Service Provider’s unilateral modification does not apply to reservations and orders previously booked and confirmed in writing by the Service Provider.​

5.4. The Service Provider displays the prices it uses in HUF in accordance with the applicable legal regulations, the indicated prices include VAT (27%).

5.5. The consideration for the ordered services can be arranged as follows:

• with online advance payment
• online bank card and other payment methods are implemented through Barion’s system. The bank card and other payment-related data do not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013.
• in cash on the spot

5.6. The Service Provider issues a receipt or invoice to the Customer for the amounts paid.

5.7. In the case of a bank transfer, the consideration for the service shall be considered paid if the amount is fully credited to the current account maintained by the Service Provider.

5.8. The Customer undertakes to pay the deposit of the ordered package to the Service Provider at the same time as ordering the Service. The customer is aware of the booking report l, so they are also aware of the fact that if the service is not used due to their fault (e.g. they do not show up at the booked time, the booked date is postponed), the Customer cannot get the amount of the deposit back. The amount of the deposit is included in the total amount of the package. In the event of a time change in accordance with the time change rules, the deposit will be included in the amount of the subsequent photography/filming.

5.9. The second, remaining part of the service fee is due in cash at the location and time of the photography and filming.

5.10. The customer acknowledges that in the case of photography and filming at an external location, the package price indicated on the website does not include any fees that may arise in connection with the use of photography and video recording locations or the authorization of their use. The customer acknowledges that in the case of films, the package price shown on the website does not include music rights fees and costs. These costs that may arise are borne by the Customer.

5.11. If the Customer is late in paying an amount, the Service Provider is entitled to late payment interest, the amount of which is twice the late payment interest specified in Act V of 2013 on the Civil Code.

6. Cancellation of the service, withdrawal, termination

6.1. The Customer undertakes to inform the Service Provider in writing at least 48 (forty-eight) hours before the start of the service of any possible cancellation, modification or any other change of the services ordered by him. If you cancel the reservation within these periods, and change it to a later date, the Service Provider will charge a cancellation/modification fee.​

6.2. Modification of reservation:

• The time reserved by the Customer can be changed no later than 48 hours before the time, in case of booking a new time, the reservation will be included in the price of the Service performed at the new time.
• If the appointment is canceled within 48 hours, or if the customer does not show up at the reserved time without notification, the reservation will not be refunded.

6.3. Cancellation of reservation:

• Prior to the booked date:
  • The reservation is not refunded until 24 (twenty-four) hours, but it can be included in a later reservation
  • Within 24 (twenty-four) hours, the reservation is not returned and cannot be counted
• that, in the case of a contract for the provision of services, if the consumer exercises his right of termination after the commencement of performance within the 14-day period open to cancellation, he is obliged to reimburse the reasonable costs of the business during settlement;

6.4. The Customer can cancel the service according to the Booking and cancellation conditions in force at all times, which the Customer can access through the website, and which he considers binding upon himself by learning and acknowledging the reservation conditions when initiating the reservation.

6.5. After the completion of the Service as a whole, if the Service Provider has started the performance with the express, prior consent of the Customer, the consumer no longer has the right of withdrawal and termination.

6.6. In the case of individual orders, the cancellation conditions are always determined individually.

7. Rights and obligations of the Customer

7.1. Pursuant to the Agreement between the Parties, the Customer is entitled to use the Service booked by him at the time(s) booked by him, with the maximum number of people specified on the website. If the Customer shows up with a larger number of people than allowed, the Service Provider is entitled to modify the package and the price. The maximum number of people for each package can be found on the website for each package.

7.2. The Customer undertakes to return the studio and the dressing room in the condition received.

7.3. The Service Provider shall not be held liable for any possible damages that occur due to errors or deficiencies in the operation of the website and/or the reservation system on the Service Provider’s side.

8. Liability of the Customer for damages

8.1. The Customer is responsible for compensating all damages caused to the Service Provider by himself or his escort, or by persons under the supervision of any of these persons.

8.2. The Customer acknowledges that the amount of damage caused is determined unilaterally by the Service Provider. The damage must be paid immediately, on the spot, in cash or by bank transfer.

9. Changing the Service​

9.1. The Service Provider reserves the right to make any changes or improvements to the services at any time without prior warning to the Customer.

10. Termination of the Agreement, the settlement between the parties

10.1. The Agreement between the Parties based on these Terms and Conditions shall be terminated or may be terminated:

• in case of automatic termination of the Agreement – upon completion, at the end of the fixed period,
• by withdrawing from the order, each time initiated in writing
• with the withdrawal or termination of the Service Provider.

10.2. The parties are entitled to terminate the Agreement at any time by mutual agreement, provided that the termination must be in writing and that it must include a full settlement of the parties in accordance with the cancellation regulations and remuneration.

10.3. In the event of termination of the Agreement for any reason, the parties are obliged to settle accounts with each other within 15 (fifteen) days from the date of termination at the latest.

11. Sweepstakes and Coupons

11.1. General conditions

• Coupons can only be redeemed during online bookings by registered users.
• Coupons cannot be exchanged for cash, and cash cannot be returned from the value of the coupons.

11.2. Redeem a coupon

• The coupon code must be entered in the designated field during the online appointment booking process.
• Several coupon codes can be used during one booking.

11.3. Validity and limitations

• Coupons can only be used once.
• Coupons cannot be used after the expiration date.
• Certain coupons only apply to specific services that are included in the terms of the coupon.

11.4. Refunds and Cancellations

• If the purchase is refunded, the amount redeemed with the coupon cannot be refunded or exchanged for a new coupon.
• The service provider reserves the right to cancel, withdraw, or modify any coupon at any time without prior notice.

11.5. Other conditions

• In the event of any misuse of coupons, the Service Provider reserves the right to invalidate the coupon and take the necessary legal steps.
• If you have any further questions or problems with coupons, please contact our customer service.

The Service Provider is not responsible for coupons obtained by the Customers by providing false information or using other fraudulent methods.

12. Confidentiality

12.1. The Service Provider is obliged to preserve secrets related to private life, as well as information of fundamental importance regarding the Customer, which it has come to know in the course of its activities. In addition, you may not behave in a way that would harm the legitimate interests of the Customer.

13. Copyright Terms

13.1. The parties state that the recordings created during the performance of the Agreement, their raw materials, all their elements (e.g. recording, content, unique music, graphic solutions, texts, etc.) are governed by copyright laws and other intellectual works and the related copyright belongs to the Service Provider.

13.2. In accordance with the agreement of the parties, in the case of private orders, the Service Provider grants the Customer the right to use the film(s) and photos provided under the Contract for private use without time limitation. The customer may not transfer the license to a third party, and may not give a third party additional permission to use the film(s), photos, or recordings.

13.3. Subsequent modification of the transferred film(s) and photo(s) created within the framework of the Agreement by a non-Service Provider – such as, but not limited to, re-editing of the transferred films, retouching of the transferred photos, modification by artificial intelligence – is not permitted. The Service Provider undertakes the Customer’s needs in this direction on the basis of a new price offer and Contract. It is also possible to purchase the entire recorded raw material (film, photos, stills) based on an individual agreement.

14. Protection of personal data

14.1. The recordings recorded by the camera and video camera are considered personal data, as they can be associated with the data subject and a conclusion can be drawn from them. Based on the above, the image and behavior of the data subjects, as the conclusion regarding the data subject, falls within the conceptual scope of personal data.

14.2. In the application of the Agreement, the data processing related to the image as personal data is based on the consent of the person concerned (persons staying in the areas of the recording), which consent is considered to be given with indicative behavior and knowledge of verbal information given.

14.3. The Service Provider undertakes to use personal data, documents, documents or other information relating to the Customer and his companions only for the purpose of fulfilling his duties, not to make them accessible to unauthorized persons or organizations, not to provide them to third parties, and not to use them in any other way back.

14.4. During the performance of the tasks described in the Agreement, the Service Provider manages the personal data obtained in accordance with the laws in force at all times, thus paying particular attention to the European Parliament and Council (EU) 2016/679. No. on the protection of natural persons with regard to the management of personal data and the free flow of such data (General Data Protection Regulation – GDPR).

14.5. The service provider will do everything possible – before starting data management – in order to ensure the right to information to all stakeholders, with the aim of having comprehensive and detailed information about the management of their personal data or all their rights associated with data management and their available legal remedies (detailed Data Management Information).

14.6. During data management and data processing, the Service Provider strives to provide priority protection of personal data, ensuring the right of informational self-determination of those concerned. It provides adequate protection for the collected personal data. The protection of personal data also includes physical data protection.

14.7. In the course of all its activities, the Service Provider only uses partners who meet the requirements required or imposed by the data protection legislation in force at all times.

14.8. By countersigning the Contract, the Customer gives his express consent to the Service Provider storing his personal data using cloud-based applications and forwarding it to the cloud service provider for this purpose.

14.9. In the Contract, the Customer also authorizes the Service Provider to edit, modify and post-work recordings created during the performance of the Contract, including composition creation and optical modification activities in order to fulfill the order.

15. Use of completed recordings

15.1. In the answer to the question on the reservation interface, the customer must indicate whether he gives his consent to the service provider using the photographs and video recordings taken during the recording with its own logo on its own website, social media pages, publications and professional competitions without limitation, in order to present its references and promote its services. , in connection with other appearances.

15.2. The parties agree that in the case of social media use of the photos and films, the photo and film credit will always be indicated as follows: @artsillustratedstudios

15.3. The Customer agrees that the Service Provider’s logo may be displayed on the photos and films used by him.

15.4. If the person in the photo and video recording informs the creator of the recording of their request to delete the recording after the publication of the recording, the Service Provider is obliged to remove the recording immediately, but no later than within 3 working days, and permanently delete it from its database. You must inform the data subject about the deletion.

15.5. During the photography/recording, the Service Provider always provides the participants with the opportunity to familiarize themselves with its Data Management Information, which contains the rights of the data subjects, the techniques related to the management of personal data, as well as the information that the data subjects can use to assert their rights in the event of a violation of rights.

16. Complaints handling

16.1. If the Customer has any complaints in connection with the service he has used, he is entitled to file a complaint with the Service Provider.

16.2. The Service Provider shall provide a substantive response to the Customer’s objection related to its activity within 30 days at the latest of the presentation at the contact details specified in point 2, indicating the possible place and method of legal enforcement, if legal enforcement is possible.

17. Jurisdiction, applicable law

17.1. Hungarian law, especially the provisions of the Civil Code, governs these GTC, the Contract, and any legal disputes arising in connection with these contracts.

18. Dispute Resolution

18.1. The Service Provider and the Customer must make every effort to settle any disagreements or disputes that may arise between them within the framework of the Contract or in connection with the Contract through negotiations. The parties are mutually obliged to inform each other of all circumstances arising after the conclusion of the Agreement.

18.2. availability of the online dispute resolution platform established by the European Commission: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU.

18.3. In accordance with the agreement of the contracting parties, if 15.1. If the negotiations described in point 2 do not reach a result, in that case, the Budapest District Court shall have exclusive jurisdiction.

19. Availability and modification of the GTC

19.1. The Service Provider ensures (in the link on the opening page of the website and on the online booking interface) that the Customer can familiarize himself with and interpret the contents of the General Terms and Conditions before accepting them.

19.2. The Service Provider publishes the current text of the General Terms and Conditions on its website (www.artsillustratedstudios.pro), which is thus accessible to anyone and the public.

19.3. The Service Provider reserves the right to unilaterally modify the provisions of these GTC at any time. The service provider will publish the text of the amended GTC on its website 15 (fifteen) days before its entry into force.

20. Vis Maior

20.1. Reasons and circumstances (e.g. war, fire, flood, bad weather, power outage, strike, etc.) over which neither the Service Provider nor the Customer has control – force majeure – exempts any party from fulfilling its obligations arising from the Contract as long as this reason or circumstance exists.

20.2. Illnesses and involvement by covid are not among the causes of force majeure affecting the Contract.

20.3. The contracting parties will do their best to minimize the possibility of these causes and circumstances occurring and to remedy the damage or delay caused by this as soon as possible.

21. Invalidity Clause

21.1. If any provision of these GTC is invalid or unenforceable, or becomes so, it does not affect the other provisions, they will remain in force and effect. In this case, instead of the invalid/unenforceable provision, the Parties must accept a provision similar to the invalid or unenforceable provision, which is most consistent with the contractual goals of the Parties and is closest in content to the previous, invalid or unenforceable provision.