Terms & Conditions

1. General Provisions

These Terms & Conditions apply to all contracts concluded with Marek Topolář, Company ID: 04923804, registered at Borkovany 310, 691 75 Borkovany, Czech Republic (hereinafter "the Contractor"). Contact: marek@topolar.cz, www.studiotopolar.cz.

All contractual relations are governed by Czech law, in particular Act No. 121/2000 Coll. (Copyright Act) and Act No. 89/2012 Coll. (Civil Code).

2. Contract Conclusion

A contract is concluded when the client accepts the Contractor's offer. An inquiry submitted via the contact form or by email constitutes an invitation to submit an offer. The offer is accepted by payment of a deposit or the full price, no later than 14 days after the offer is made.

3. Subject of Performance

• The subject of performance includes photographic works, videos, draft concepts, and other agreed services.
• Photos are delivered in JPG format and remain available for download for one year from delivery.
• Photo counts for events and reportages are indicative.
• Selection of photographs and post-processing scope are at the Contractor's discretion unless individually agreed otherwise.
• Preview images are not intended for further use.

4. Pricing & Payment

• Prices are set by individual agreement or the price list valid at the time of contract conclusion.
• All prices are in Czech crowns (CZK). The Contractor is not a VAT payer.
• Payment is due in full upon delivery of the work, unless otherwise agreed.
• Invoices are payable within 14 days of issue.
• Late payment incurs a contractual penalty of 0.5 % of the outstanding amount per commenced day of delay.
• Any deposit is due no later than 1 day before the shoot.

5. Rights & Obligations

Contractor

• Delivers quality consistent with the offer and professional standards.
• May withdraw from the contract if the client is unreachable for more than 30 days, or if the client materially breaches the contract.
• May use AI tools during post-processing.
• Is not liable for adverse weather or lighting conditions outdoors.

Client

• Must provide all information and materials necessary for the project.
• Must not record the shoot or filming without the Contractor's consent.
• Must obtain all necessary licences and consents for photographing properties, persons, and other subjects, including GDPR compliance.
• Ownership of the work transfers to the client only after full payment.

6. Delivery

• Delivery is typically made via cloud storage.
• Changes requested by the client may extend the delivery timeline.
• The Contractor may refuse commissions with pornographic, unethical, or otherwise inappropriate content.
• A client's delay of more than 30 minutes at the shooting location entitles the Contractor to a contractual penalty.
• Breach of licence terms is subject to a contractual penalty of CZK 30,000 per individual unauthorised use.

7. Satisfaction Guarantee

• If the client is not satisfied with the final photographs, the Contractor offers a reshoot at 50 % of the original package price.
• The guarantee must be claimed within 14 days of delivery of the final photographs, in writing (by email), stating specific reasons for dissatisfaction.
• The guarantee applies to photography commissions only. It does not apply to video production, workshops, or digital products.
• The guarantee does not cover subjective preferences (e.g. the appearance of photographed persons, weather, lighting conditions) or situations where the client failed to provide the necessary cooperation.

8. Consumer Rights

Consumers (natural persons acting outside their business activity) have the right to withdraw from the contract within 14 days of conclusion. The right of withdrawal does not apply to services already performed, custom-made works, or digital content once delivery has commenced with the consumer's consent.

Defects must be reported without undue delay, at most within 6 months of delivery. Complaints are submitted by email to marek@topolar.cz and will be resolved within 30 days.

Consumers also have the right to out-of-court dispute resolution with the Czech Trade Inspection Authority (www.coi.cz) or via the EU ODR platform (ec.europa.eu/consumers/odr).

These Terms & Conditions are valid and effective from 1 January 2025. The Czech version is the legally binding original.