Statute

Under these General Terms of Service (hereinafter: the “General Terms of Service” or the “GTS”), the rules of cooperation between the Owner and the Client are established, including in particular the terms relating to placing Orders by the Client, reserving and performing photographic sessions (social media reels, on-set stills, event photography, photography for TV programmes, studio shoots, lookbooks, product photography, etc.), music videos, photography orders for concerts and any other events, as well as all other types of services provided within or in connection with the above scope. These GTS shall apply unless otherwise agreed in writing between the Client and the Owner.

The owner of the Website is Wanessa Kaczmarek, conducting business activity under the company name Wanessa Kaczmarek FOTO.WANIA, address: ul. Ściegiennego 29, 63-700 Krotoszyn, NIP (Tax ID): 6211842727, REGON: 521952237 (hereinafter also: the “Owner” or the “Service Provider”).

If you have any questions or concerns related to the use of the website https://www.fotowania.pl or placing Orders using the contact details provided on the website, you are encouraged to contact the Owner by sending an email to: fotowania327@gmail.com.

TABLE OF CONTENTS

I. Definitions
II. Description of the Website and technical conditions of use
III. General provisions, placing an Order and conclusion of the Agreement
IV. Performance of the Agreement
V. Copyright and image rights
VI. Delivery of photographic or video materials
VII. Remuneration
VIII. Liability of the Parties and complaint procedure
IX. Withdrawal from the Agreement
X. Intellectual property
XI. Information on personal data processing
XII. Final provisions

I. Definitions

Client – a natural person with full or limited legal capacity; a legal person or an organisational unit without legal personality that has concluded or intends to conclude a service agreement with the Owner.

Offer – the scope of Services prepared by the Owner based on the Client’s Order, including the applicable price.

Website – the website available at: https://www.fotowania.pl.

Parties – jointly, the Client and the Owner.

Agreement – an agreement for the provision of Services concluded between the Client and the Owner.

Service – a photographic service provided by the Owner, including photo sessions, video content, music videos, event photography, product photography and any other services ordered by the Client.

User – a person using or visiting the Website.

Owner / Service Provider – Wanessa Kaczmarek, conducting business under the name FOTO.WANIA.

Order – the Client’s declaration of intent to conclude an Agreement and specifying the scope of the requested Services.

Any references to the plural shall include the singular and vice versa.

II. Description of the Website and technical conditions

The Website allows Users to view the Owner’s services and portfolio.

The Website functions correctly in the following browsers: Chrome, Firefox, Safari, Opera, Edge, Samsung Internet, Internet Explorer 11+.

To use the Website, the User must have an Internet-enabled device and a browser supporting JavaScript and cookies.

The Owner may temporarily disable the Website for maintenance or technical work.

The User agrees to:

– use the Website in accordance with the law and good practices,
– refrain from posting unlawful content,
– refrain from actions that hinder the use of the Website by other Users,
– respect copyright and industrial property rights.

III. General provisions, placing an Order and conclusion of the Agreement

The Client places an Order.
The Owner prepares an Offer.
The Client’s acceptance of the Offer constitutes the conclusion of the Agreement (including electronically via email, Instagram or Facebook).

Additional rules:
a) Orders and cooperation may be arranged in writing, electronically or via social media.
b) The scope of Services is agreed upon before their performance.
c) The content of the Agreement is preserved and provided to the Client.
d) Services may be purchased as a gift and redeemed within 6 months.

IV. Performance of the Agreement

The Parties cooperate in performing the Agreement.
The Owner carries out the Services using their own equipment.
The equipment is professional and technically sound.
The Owner performs the Services with due care.
Services are performed at a level consistent with the Owner’s portfolio.
The Owner independently performs artistic editing of photos and videos.
Standard retouching is included; additional modifications are subject to extra fees.
The Client is responsible for obtaining permission to photograph at private locations.
The Owner may perform the Service personally or with qualified assistants.
A one-time date change is possible (minimum 7 days before).
Client lateness exceeding 15 minutes shortens the session time accordingly.

V. Copyright and image rights

All economic copyright relating to the Services belongs to the Owner.
A licence for the Client is granted individually depending on the intended use.
The Client must credit the Owner when publishing photos online (Facebook, Instagram).
The Client consents to the publication of their image by the Owner; consent is voluntary and may be withdrawn.

VI. Delivery of photo/video materials

The Owner delivers the materials as specified in the Order. Raw (unedited) images are not provided unless purchased separately.
Standard delivery time: up to 4 weeks after the Service.
Materials may be delivered in person, by post, email or cloud storage.
The Agreement does not include services beyond those expressly agreed.

VII. Remuneration

Remuneration is determined individually for each Order.
Payment is made by bank transfer to the Owner.
Private sessions require a deposit.
If the Client cancels, the deposit may be transferred to another Service within one year.

VIII. Liability and complaints

Complaints may be submitted by email or in writing.
The Owner responds within 14 days.
Consumers may use alternative dispute resolution methods.
Warranty liability is excluded. The Owner’s liability is limited to actual damage and the value of the Service.

IX. Withdrawal from the Agreement

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X. Intellectual property

Website content is legally protected.
Users may not use any part of the Website without written consent from the Owner.

XI. Personal data processing

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XII. Final provisions

The Owner may amend the GTS for important reasons.
The Owner may transfer rights and obligations to another entity.
Disputes shall be resolved by the court competent for the Owner’s business location.
Polish law applies.
The GTS are effective from 1 April 2024.