TomProPhoto · Legal documentsTerms of
Terms of
photography services
§ 1
General provisions
- These terms set out the rules for booking, purchasing vouchers and providing photography services by OLWOT Mariusz Rusecki, ul. Panny 7, 03-668 Warsaw, NIP: 5242518039, REGON: 360993752, hereinafter the "Photographer". The business is entered in the CEIDG register maintained by the Minister of Development and Technology.
- The Photographer can be contacted by email: hello@tomprophoto.pl, via the contact form at tomprophoto.pl, through social messengers (WhatsApp, Instagram) or by phone.
- These terms are continuously available at tomprophoto.pl/en/terms and may be saved by the Client.
- Making a booking or purchasing a voucher constitutes acceptance of these terms and of the privacy policy.
§ 2
Booking and conclusion of the contract
- A photo session is booked through the online booking system (the Amelia calendar) available at tomprophoto.pl, or by contacting the Photographer directly (form, email, messengers, phone).
- To confirm a booking, the Client is required to pay a deposit using one of the available online payment methods handled by the payment operator Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands) via the Amelia plugin, or by other methods indicated by the Photographer.
- The contract for photography services is concluded upon the deposit payment being credited.
- After the booking and payment are made, the Client receives a booking confirmation by email.
§ 3
Payments and deposit
- The deposit amounts to between 30% and 70% of the service value, in accordance with the offer or individual arrangements.
- The deposit secures performance of the contract in accordance with Article 394 of the Polish Civil Code.
Deposit refund rules:
- a)Cancellation of the session by the Client or a no-show — the deposit is non-refundable
- b)Cancellation of the session through the Photographer's fault — the Photographer returns double the amount of the deposit paid
- c)Inability to perform the service for reasons beyond the Photographer's control (equipment failure, illness, system errors) — the Photographer returns the single deposit amount and proposes an alternative date
- The parties may agree to reschedule the session to another date (e.g. due to illness or weather) — in which case the deposit remains valid.
- The remaining balance of the fee is payable no later than on the day the session takes place, by bank transfer, cash or an online method.
§ 4
Right of withdrawal from the contract
In accordance with Article 38(1) and (12) of the Consumer Rights Act of 30 May 2014, the right of withdrawal from the contract does not apply to the Consumer where:
- a)the service has been fully performed with the Consumer's express consent, after being informed that they would lose the right of withdrawal once the service is performed
- b)the contract concerns the provision of artistic or cultural services, including photo sessions, for which a specific day or period of performance has been set in the booking system
- Booking a session date through the Amelia system means selecting a specific date for performance of the service. By making a booking, the Client consents to the service beginning before the 14-day period from the conclusion of the contract has elapsed and loses the right of withdrawal.
Gift vouchers — right of withdrawal
- a)The Client has the right to withdraw from the contract within 14 days of the date of purchase, provided the voucher has not yet been redeemed
- b)Once the voucher is used to book a specific date, the voucher is deemed redeemed and the right of withdrawal expires
- c)A refund for an unused voucher is made using the same payment method within 14 days of receiving the withdrawal statement
A withdrawal statement may be sent by email to hello@tomprophoto.pl or by post to the Photographer's registered address.
§ 5
Gift vouchers
- The Photographer offers the option to purchase a gift voucher entitling the holder to a photo session of a specified value or scope of services.
- A voucher can be purchased through the form at tomprophoto.pl or directly from the Photographer (by email or phone).
- Each voucher has a validity period stated on the voucher or in the purchase confirmation. The standard validity period is 12 months from the date of purchase, unless agreed otherwise.
- After the validity period expires, the voucher becomes invalid and any unused funds are non-refundable.
- A voucher can be redeemed by contacting the Photographer to arrange a session date.
- Booking a date using a voucher constitutes conclusion of a contract and entails loss of the right of withdrawal in accordance with § 4.
- In the event of loss, destruction or disclosure of the code to third parties, the Photographer bears no liability, provided the voucher has already been redeemed.
- A voucher cannot be exchanged for cash and is non-refundable after it has been partially or fully redeemed.
§ 6
Performance of the service and the parties' obligations
- The Photographer performs the service with due diligence, in the agreed artistic style and in line with the portfolio.
- The Client undertakes to cooperate, be punctual and provide the necessary organisational information.
- If the Client is late, the session time is shortened by the length of the delay.
- The Photographer bears no liability for personal or material damage arising during the session through the Client's fault.
§ 7
Copyright and use of photos
- The Photographer retains moral and economic copyright to all photos taken.
- The Client acquires a non-exclusive licence to use the photos privately (printing, publishing on social media, albums).
- The Photographer may use the photos for promotional purposes (portfolio, website, social media), unless the Client objects in writing or by email before the session begins.
- The absence of an objection constitutes the Client's consent to publication of the photos in the Photographer's promotional materials.
§ 8
Complaints
- The Client has the right to file a complaint in the event that the service does not conform to the contract or the photography service was performed defectively.
How to file a complaint?
- by email: hello@tomprophoto.pl
- by post: ul. Panny 7, 03-668 Warsaw
- via the complaint form at tomprophoto.pl
What should a complaint contain?
- a)the Client's full name and contact details
- b)the subject of the complaint and the circumstances justifying it
- c)the Client's request
- The Photographer will consider the complaint within 14 days of receiving it and will inform the Client by email or in writing.
If the complaint is upheld, the Photographer may propose:
a) a free correction / re-edit of the photos · b) a free re-shoot (if possible) · c) a partial or full refund of the fee within 7 days
a) a free correction / re-edit of the photos · b) a free re-shoot (if possible) · c) a partial or full refund of the fee within 7 days
§ 9
Protection of personal data (GDPR)
- The controller of the Client's personal data is OLWOT Mariusz Rusecki, ul. Panny 7, 03-668 Warsaw, NIP: 5242518039, REGON: 360993752.
- Data is processed for the purpose of performing the contract, contacting the Client and handling online payments.
- Data may be transferred to: Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam) — only to the extent necessary to complete the transaction; hosting service providers — only to the extent necessary to provide the service.
- The Client has the right to access, correct, restrict the processing of, port or delete their data.
- Detailed information: tomprophoto.pl Privacy Policy
§ 10
Final provisions
- Matters not covered by these terms are governed by the provisions of the Polish Civil Code and the Consumer Rights Act.
- The Photographer reserves the right to amend these terms. Changes take effect from the date of publication and do not affect contracts concluded before they come into force.
- A Client who is a consumer has the right to use out-of-court complaint resolution methods. Information is available from the Municipal/District Consumer Ombudsmen and on the ODR platform: ec.europa.eu/consumers/odr.
- Any disputes will be resolved by the competent common courts in accordance with the provisions of the Code of Civil Procedure.
Service provider details
CompanyOLWOT Mariusz Rusecki
Addressul. Panny 7, 03-668 Warsaw
NIP / REGON5242518039 / 360993752
Emailhello@tomprophoto.pl
Phone+48 519 779 031
Websitetomprophoto.pl