General Terms and Conditions

Please read this document carefully before finalising your order.
By finalizing your order, you expressly accept the entire contents of these General Terms and Conditions (hereinafter referred to as ” GTC“), which read as follows.
By entering into the Contract, the party using the Photography Service (hereinafter referred to as the ” Customer“) declares that it has read and accepted the terms and conditions of these GTC and that it has consented to the processing of its data necessary for the use of the Service within the scope of the GTC and the Data Protection Notice.
The contract between the Service Provider and the Customer is concluded for a fixed term until the obligations undertaken in the contract are fulfilled and until the service is provided. 2 Scope 2.1 These GTC apply to all legal transactions and services that are carried out electronically via the website https://thedogphoto.com/ (hereinafter referred to as the Website).
Orders placed on the Website are subject to the provisions of the Act on electronic commerce services, certain aspects of information society services, the Information Society Services Act 2001.
CVIII.
(“Elkertv.”).
The purchase on the Website is possible by placing an order electronically, subject to the provisions of Section 7.
of these Terms and Conditions.
2.2 The Contract between the parties, concluded in Hungarian language by the purchase of the Service and the result (photograph) available with the Service, shall be deemed a written contract, which shall be filed by the Service Provider and kept by it for 8 years after its conclusion.
The Service Provider shall send a confirmation of the conclusion of the contract to the e-mail address provided by the Customer during the ordering process, which the Customer expressly accepts and acknowledges as confirmation of the conclusion of the contract.
2.3 The conclusion of the contract is concluded between distance buyers, which is subject to the detailed rules of the Consumer-Business Contracts Regulation 45/2014.
(II. 26.)
(45./2014).
Regulation (EU) No. 45/2014 of the Government of the Republic of Estonia.
2.4 The Customer, when placing an order on the Website, voluntarily provides the Service Provider with the data necessary for the conclusion of the contract (full name, place of birth, date, address, telephone number, e-mail address), which the Service Provider shall process within the scope defined in these GTC and in accordance with the provisions of the published Privacy Policy.
2.5 The Service Provider does not have a code of conduct pursuant to the Unfair Commercial Practices Act.
The Service Provider is not subject to the provisions of any code of conduct. 3 .1 The language of the contracts covered by these GTC is Hungarian. 4.
EXTRA-DIGITAL Bt.
(registered office: 1191 Budapest, Hamvas utca 7-9.; company registration number: 01-06-790332; tax number: 25473984-2-43; representative: Tímea Ilyés, member of the board; e-mail address: contact@thedogphoto.com (hereinafter referred to as the ” Service Provider“)) .
(eighteen) years of age, i.e. of legal age and capacity, as well as any person aged 18. a minor under the age of 18 who has the written consent of his/her legal representative (parent, guardian) to the conclusion of this Contract (hereinafter referred to as the “Customer”), duly given and obtained.
5.2 The Customer shall be entitled to use the Service and to receive the photographs taken during the Service in accordance with the photography packages indicated on the Website and duly ordered by the Customer, provided that the Customer duly places his/her order on the interface on the Website and pays the fee as specified in clause 7.4 of the GTC and expressly accepts these General Terms and Conditions.
Registration is not required to order the service. 6 .1 The Service is a set of photographic services provided by the Service Provider in accordance with the photography packages indicated on the Website and the related photographic post-production services (hereinafter collectively referred to as ” Photography“).
6. 2 By accepting these Terms and Conditions, the Customer expressly declares and acknowledges that the Service Provider is entitled and obliged to provide the Photography as a service, at its own voluntary and unilateral discretion, in the setting and in the number of copies as specified in the Photography Packages on the Website, in accordance with its own creative freedom:
a) After filling in the contact form on the Website, he/she clicks on the “Send” button, after which he/she will be contacted by the Service Provider by e-mail,
b) The Customer sends his/her order request directly to the Service Provider by e-mail to contact@thedogphoto.com, c) The Customer enquires by telephone at the telephone number indicated on the Website, after which the Service Provider sends further details by e-mail.
7.1.2 Confirmation.
By accepting these GTC, the Customer expressly acknowledges and accepts that the Service Provider accepts no responsibility whatsoever for the accuracy of the information provided by the Customer during the ordering process, including the accuracy of the e-mail address provided by the Customer.
The order shall be considered final only if the Contract is signed by both parties. 7.2 Date of the Photograph 7.2.1 The date of the Photograph shall be the calendar day mutually agreed by the parties after the conclusion of the Contract, but, within the Service Provider’s own creative freedom, the time interval from the start date unilaterally determined by the Service Provider to the end date unilaterally determined by the Service Provider.
7.2.2 The Service Provider reserves the right to change the date of the Photo Shoot in the event that weather and/or light conditions do not allow the Photo Shoot to take place.
The decision to do so is at the discretion of the Service Provider, which shall be communicated to the Customer by 4 (sixteen) p.m. on the calendar day prior to the date of the Photography.
By accepting these GTC, the Customer expressly acknowledges and declares that the weather conditions shall be deemed force majeure and that the Service Provider shall not be liable for any damages caused by weather conditions or phenomena. If the weather conditions do not allow the Photo Shoot to take place on the original date due to the discretionary decision of the Service Provider, the parties shall mutually agree on another calendar day for the Photo Shoot in good faith and fairness.
7.2.3 If the agreed date is cancelled due to external factors (e.g. weather), the date may be changed up to 3 times.
After that, the Service Provider is not obliged to offer a new appointment.
7.2.4 The Contracting Parties are obliged to inform each other without delay of any circumstances that may affect the performance of the Photography, in particular of any hindrance to the performance of the Photography, such as illness, traffic obstruction, accident, etc. 7.4 Price of the Service (Fee) 7.4.1 The price of the Photography (hereinafter referred to as the “Fee”) shall be the price valid at the time of ordering, including Value Added Tax (VAT).
7.4.2 In the event of any error or omission in the Service and/or the Price, the Service Provider reserves the right to correct the same.
In such a case, the Service Provider shall inform the Customer of the new data immediately after the error has been detected or amended.
The Customer may then confirm the order once again or either party may withdraw from the Contract.
7.4.3 The Customer shall pay the Photography Fee in two instalments.
The remaining amount shall be paid by the Customer in cash or by bank transfer on the day of the Photography.
7.4.4 The Contracting Parties agree that if the Photography is cancelled through no fault of the Service Provider, the amount of the deposit shall be due to the Service Provider, whereas in the event of subsequent performance of the Contract, it shall be credited to the Contractor’s fee.
If the Service Provider is in breach of this obligation through no fault of his own, he shall be obliged to repay the deposit to the Client without interest, but the Service Provider shall not be obliged to compensate any damage resulting from the non-performance.
7.4.5 The Customer shall have the right to order additional photo(s) in addition to the frame(s) specified in the photo package selected and ordered on the Website and to purchase them at the price indicated on the Website for the product or photo package, as specified in this clause of the GTC.
7.4.6 The Customer acknowledges that the Service Provider may charge a delivery fee in addition to the price of the photo package, which the Customer will always find precise information on the Website, including the exact delivery fee or, where applicable, information on the free delivery. 7.5.
A fotózás folyamatára vonatkozó információk, jognyilatkozatok 7.5.1 The photographer undertakes to produce photographs of a standard comparable to the quality of the images in his/her portfolio presented prior to the conclusion of the contract.
The Client understands and accepts that external factors may significantly complicate the Photographer’s work, which may also affect the quality of the images.
7.5.2 The Contracting Parties agree that in the event of damage to the technical equipment necessary for the performance of the Photography and owned by the Service Provider, for which the Client is responsible, the Client shall be jointly and severally liable for compensation for the damage caused and the assignment shall be deemed to be completed from the moment of the damage.
7.5.3 By signing the Contract, the Client declares that he is the legal and lawful owner of the animal participating in the photo shoot.
7.5.4 By signing the Contract, the Client declares that he is jointly and severally liable for any damage caused by the animal participating in the photo shoot and for any damage to the tangible property.
7.5.5 The Client declares and accepts that he is solely and exclusively responsible for the physical integrity of the animal participating in the photo shoot.
7.5.6 The Customer takes part in the Photography at his own risk, and the Service Provider shall not be liable for any damage occurring during the Photography for which the Service Provider is not responsible.
7.5.7 The Service Provider shall not be liable for any defects or quality faults arising from the Customer’s use of its own equipment, facilities and clothing at the Photography or for any damage to such equipment, facilities or clothing during the Photography.
7.5.8 In order for the Service Provider to maintain the quality level represented by the Service Provider throughout the Photography, the Customer shall follow the Service Provider’s professional instructions, with the proviso that the Service Provider shall not be liable for any quality-affecting effects resulting from natural, weather phenomena or force majeure situations occurring during the Photography.
7.5.9 The Customer acknowledges that the number and quality of the photographs (noise, etc.) will depend on the light and weather conditions at the location.
The Service Provider shall not be liable for any resulting errors or omissions or for defective performance.
7.5.10 By accepting these Terms and Conditions, the Client expressly declares that, to the best of his/her knowledge and belief, he/she is fit and able to participate in the Photography, based on his/her own health and physical condition and that of the minor person participating as a model in the Photography.
By accepting these Terms and Conditions, the Client expressly declares and warrants that he/she is participating in the Photography of his/her own free will and of his/her own free will and that, in the case of a minor participating as a model in the Photography, he/she has the necessary permits and consents in accordance with the applicable legislation, and that there are no legal obstacles to the participation of the minor as a model in the Photography.
7.5.11 The Customer expressly acknowledges and acknowledges that the Service Provider shall be liable only for the performance of the service provided directly by the Service Provider. In the event of force majeure, the Service Provider shall be exempted from any liability for non-performance of the service and any related claims for damages.
7.6 Delivery of photographs 7.6.1 In order for the Service Provider to be able to provide the quality level represented by the Service Provider, the Customer expressly declares and accepts by accepting these General Terms and Conditions that the Service Provider, at its own discretion, shall select the raw photographs taken during the Photography as a Service, which reach the quality level represented by the Service Provider and unilaterally determined by the Service Provider, and which the Service Provider shall carry out photographic post-production on, and make available to the Customer within the framework of the ordered Photography Package.
7.6.2 The Service Provider shall, within 3 (three) calendar weeks after the Photography, select at its unilateral discretion the photographs of the appropriate quality from the raw photographs taken during the Photography as a Service, in accordance with its own creative freedom and the quality level it represents, and shall perform the post-production work on the photographs as unilaterally determined by the Service Provider, The Service Provider shall notify the Client of this by e-mail to the e-mail address provided by the Client at the time of ordering.
7.6.3 Within 1 (one) week of such electronic (e-mail) notification, the Customer shall be entitled and obliged to download the Photographs from the URL provided by the Supplier.
If the Customer does not download the photographs of his choice within this period, the Service Provider shall send a further notification by electronic means to the e-mail address provided by the Customer at the time of ordering.
Within 1 (one) week after this electronic (e-mail) notification, the Customer shall have the right and the obligation to download the photographs from the URL provided by the Service Provider.
If the Customer fails to select and download the photographs within 1 (one) week after this repeated notification, the Service Provider shall be entitled to remove the photographs from the URL, which the Customer shall be entitled to receive from the Service Provider within 1 (one) year, subject to the separate agreement of the parties.
7.6.4 The Service Provider shall make every effort to ensure secure data storage, but shall not be liable for any loss of data resulting from the failure of professional technical equipment used in a professional manner. 8 .1 The photographer is the copyright owner of the pictures taken during the photo shoot.
8.2 Commercial use of the photographs is only permitted with the prior written consent of the Service Provider.
Photographs taken in the course of the performance of this contract may only be transferred to third parties for commercial use (e.g. promotion of services, products, websites, sales promotion) with the written permission of the Service Provider.
8.3 Photographs may be used by the photographer for commercial purposes for promotional purposes, including but not limited to paper and online portfolio, presentation cards, exhibitions, competitions, social media platforms, photography wep pages and own website.
The client shall not be entitled to any remuneration for these appearances.
8.4 The Contracting Parties declare that the photos may be used by the Service Provider as reference work and for marketing purposes. The Customer agrees that the Service Provider is entitled to use the photographs taken in the course of the performance of this contract for the public presentation of its own work, for the promotion of its services on its website, facebook page, etc.
or to use it in publications or professional competitions, in compliance with the basic ethical rules. 9 .1 The Customer-consumer is entitled to exercise his right of withdrawal or termination within 14 (fourteen) days from the date of conclusion of the contract for the provision of the service, without giving any reason.
If the Customer consumer has made an offer to conclude the contract, the Customer consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
The right of withdrawal and the right of termination shall be deemed to have been exercised in due time if the Customer consumer has made his declaration before the expiry of the 14-day period specified herein, i.e. no later than 14 days after the conclusion of the contract.
9, Rákóczi u., 2120 Dunakeszi, by registered mail to the Service Provider (registered office: 2120 Dunakeszi, Rákóczi u. 9).
The burden of proving that the right of withdrawal and termination is exercised in accordance with the detailed rules of the Consumer and Business Contracts Act No.
(II. 26.)
(45.
Regulation (EC) No 45/2014 of the European Parliament and of the Council of 24 July 2014 on the detailed rules of contract termination and withdrawal.
9.2 The Customer may exercise this right of withdrawal and termination of the consumer in accordance with the provisions of this clause (and the provisions of the Regulation on the detailed rules of contracts between consumers and businesses of the Government of the Republic of Hungary No. 45/2014.
(II. 26.))
Government Decree No.
2.
(hereinafter referred to as “the contractor”) or by means of a clear declaration to that effect. Model withdrawal/cancellation notice
(fill in and return only in case of withdrawal/cancellation of the contract)Addressee:
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):
Date of conclusion of contract / date of receipt:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s): (only in case of paper declaration)
9.3 If the Customer consumer withdraws from the contract in accordance with this clause, the Service Provider shall refund the total amount paid by the consumer as consideration without delay, but no later than within 14 (fourteen) days of becoming aware of the withdrawal.
In the event of withdrawal or termination in accordance with this clause, the Supplier shall refund the amount due to the Customer’s consumer in the same way as the Customer’s consumer has used the payment method.
Subject to the express consent of the Customer-consumer, the Supplier may use another method of payment for the refund, provided that the Customer-consumer shall not be charged any additional fee as a result.
9.4 The provisions of the Civil Code 2013.
V of 2013 (hereinafter referred to as the “Civil Code”), the Customer who is not a consumer has the right to cancel the order placed on the Website until 17:00 on the day of the order.
The cancellation of the service ordered after 17:00 hours is possible until 17:00 hours on the next working day by e-mail (e-mail address: info@englertorsi.com).
In accordance with the Civil Code.
The customer, who is not a consumer according to the Civil Code, has no right of withdrawal after that time.
If such a Customer does withdraw from the contract after the deadline specified herein, the Service Provider shall be obliged to pay, at its option, the full Fee or a penalty for failure to perform , which shall amount to HUF 40,000.00, i.e. HUF 40,000.00.
The Customer may send any complaint to the Service Provider by e-mail (e-mail address: contact@thedogphoto.com) or by registered mail (registered office: 1191 Budapest, Hamvas utca 7-9).
The Service Provider shall investigate the complaints submitted to it within 8 (eight) days and shall inform the Customer of the results of its investigation within 8 days.
In case the Service Provider rejects the Customer’s consumer complaint, the Customer shall be entitled to turn to the conciliation body competent according to his/her place of residence or stay.
36.
Postal address: 7602 Pécs, Pf.
109.
Phone number: (72) 507-154 Fax number: (72) 507-152 President: Dr. Bodnár József E-mail address: kerelem@baranyabekeltetes.hu, info@baranyabekeltetes.hu Bács-Kiskun County Conciliation Board Address: 6000 Kecskemét, Árpád krt.
4.
5. Telephone number: (66) 324-976, 446-354, 451-775 Fax number: (66) 324-976 President: Dr. László Bagdi E-mail address: bekeltetes@bmkik.hu; bmkik@bmkik.hu Borsod-Abaúj-Zemplén Megyei Békéltető Testület Address: 3525 Miskolc, Szentpáli u.
1.
(46) 501-091, 501-870 Fax number: (46) 501-099 President: Dr. Péter Tulipán E-mail address: bekeltetes@bokik.hu Budapest Board of Arbitration and Conciliation Address: 1016 Budapest, Krisztina krt.
99.
(1) 488-2131 Fax number: (1) 488-2186 President: Dr. György Baranovszky E-mail address: bekelteto.testulet@bkik.hu Csongrád Megyei Békéltető Testület Address: 6721 Szeged, Párizsi krt.
8-12. Phone number: (62) 554-250/118 extension Fax number: (62) 426-149 President: Dr. Károly Horváth E-mail address: info@csmkik.hu Fejér County Conciliation Board Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Phone number: (22) 510-310 Fax number: (22) 510-312 President: Dr. Vári Kovács József E-mail address: fmkik@fmkik.hu; bekeltetes@fmkik.hu Győr-Moson-Sopron County Conciliation Board Address: 9021 Győr, Szent István út 10/a.
(96) 520-202; 520-217 Fax number: (96) 520-218 President: László Horváth E-mail address: bekeltetotestulet@gymskik.hu Hajdú-Bihar Megyei Békéltető Testület Address: 4025 Debrecen, Petőfi tér 10.
4025 Debrecen Vörösmarty u.
13-15.
Phone: 06-52-500-710, 06-52-500-745 Fax: 06-52-500-720 President: Dr. Zsolt Hajnal E-mail address: bekelteto@hbkik.hu Heves County Board of Arbitration for Peace Address: 3300 Eger, Faiskola út 15.
Address for correspondence: 3301 Eger, Pf.
440.
Phone number: (36) 416-660/105 ext.
Phone number: (56) 510-610 Fax number: (56) 370-005 President: Dr. Lajkóné dr. Vígh Judit E-mail address: bekeltetotestulet@jnszmkik.hu Komárom-Esztergom Megyei Békéletereterő Testület Address: 2800 Tatabánya, Fő tér 36.
Phone No.: (34) 513-010 Fax No.: (34) 316-259 President: Dr. György Rozsnyói E-mail: bekeltetes@kemkik.hu Nógrád County Conciliation Board Address: 3100 Salgótarján, Alkotmány út 9/a Phone No.: (32) 520-860 Fax No.: (32) 520-862 President: Dr. Erik Pongó E-mail: nkik@nkik.hu Pest County Conciliation Board Address: 1119 Budapest, Etele út 59-61.
11.11.
1111ele Etele Street, 1111ele Street, 1111ele Street, 1111ele Street, 1111ele Street, 1111ele Street, 1111ele Street, 1111ele Street, 240.
Phone number: 06-1-269-0703 Fax number: 06-1-269-0703 President: dr. Csanádi Károly E-mail address: pmbekelteto@pmkik.hu Somogy County Conciliation Board Address: 7400 Kaposvár, Anna utca 6.
Phone number: (82) 501-000 Fax number: (82) 501-046 President: Dr. Ferenc Novák E-mail address: skik@skik.hu Szabolcs-Szatmár-Bereg County Conciliation Board Address: 4400 Nyíregyháza, Széchenyi u.
2.
23-25.
Phone number: (74) 411-661 Fax number: (74) 411-456 President: Dr. Ferenc Gáll E-mail address: kamara@tmkik.hu Vas Megyei Békéltető Testület Address: 9700 Szombathely, Honvéd tér
2. Telephone number: (94) 312-356 Fax number: (94) 316-936 President: Dr. Zoltán Kövesdi E-mail address: vmkik@vmkik.hu Veszprém Megyei Békéltető Testület Address: 8200 Veszprém, Budapest u.
3.
Phone number: (92) 550-513 Fax number: (92) 550-525 President: Dr. Sándor Molnár E-mail address: zmkik@zmkik.hu; zmbekelteto@zmkik.hu 10.2 The conciliation body’s proceedings are therefore initiated at the consumer’s request.
The request must be submitted in writing to the chairman of the conciliation body. The application must include:
(a) the name, address or residence of the consumer,
(b) the name, registered office or place of business of the undertaking involved in the consumer dispute,
(c) if the consumer has requested the replacement of the competent conciliation body by a competent conciliation body, an indication of the body requested,
(d) a brief description of the consumer’s position, the facts in support of it and the evidence in support of it,
(e) a statement by the consumer that the consumer has attempted to resolve the dispute directly with the undertaking concerned
(f)a statement by the consumer that no other conciliation body has been involved in the matter, that no mediation procedure has been initiated, that no statement of claim has been lodged or that no application for an order for payment has been made,
(g) a request for a decision of the body,
(h) the signature of the consumer.
The application must be accompanied by the document or a copy (extract) of the document to the contents of which the consumer refers as evidence, in particular a written statement by the undertaking (service provider) rejecting the complaint or, failing this, any other written evidence available to the consumer that the conciliation provided for by law has been attempted.
If the consumer acts through an authorised representative, the authorisation shall be attached to the request.
10.3 The conciliation body has the competence to settle consumer disputes out of court.
The conciliation body shall be responsible for attempting to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, for deciding the case in order to ensure that consumer rights are enforced in a simple, rapid, efficient and inexpensive manner.
The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
If the consumer acts through an authorised representative, the authorisation shall be attached to the request.
More information about the Conciliation Boards is available at: http://www.bekeltetes.hu11. Partial invalidity The invalidity of any provision of these GTC shall not affect the validity of the contract and the other provisions of these GTC, so that if any provision of these GTC is invalid, the remaining provisions of the contract shall remain in force and effect and the invalid provision shall be replaced by the applicable valid provision.
12 .1 The Service Provider shall be entitled to change the provisions of these GTC unilaterally within the limits of the applicable legislation. Any modification of these GTC shall be effective from the date of publication on the Website. 12.2 The present GTC are written in Hungarian, and the rules of Hungarian law shall prevail in their interpretation.12.3 In matters not regulated in the present GTC, Hungarian law shall prevail, in particular, but not exclusively, the provisions of the Civil Code, the Elkertv. and the applicable provisions of the Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses.