Terms & Conditions

 

General Terms & Conditions

 

I. Validity

1. The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the photographer Mr. Oleh Trushkov (hereinafter referred to as OlegTru.com), including any authorized colleagues or subcontractors.

2. Contracts between OlegTru.com and the customer arise by written (via e-mail or in paper form) acceptance of the customer of a written or verbal offer made by OlegTru.com. The contract becomes legally valid upon written confirmation from OlegTru.com.

3. If the customer wants to contradict the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid, unless OlegTru.com acknowledges them in writing.

4. The terms and conditions apply in the context of an ongoing business relationship even without explicit inclusion for all future orders, offers, deliveries and services of the photographer, unless otherwise expressly agreed.

II. Order, liability for rights of third parties

1. The customer commits himself to placing an order for the information of all relevant (for example, to be photographed or filming) persons, or obtains their circulation-free consent.

2. In addition to obtaining all applicable personal rights, the customer is also responsible for obtaining all necessary filming permits, usage rights and property releases if he does not already have sufficient authorizations of the copyright holders / license holders. The customer assures OlegTru.com these rights and approvals as far as necessary and necessary to obtain and releases OlegTru.com insofar from liability. By placing an order, the customer is aware that such retrievals and information are not part of the contractual services of OlegTru.com and are to be taught and represented by him alone.

OlegTru.com is therefore not obliged to check whether third party rights are affected or infringed during the execution of the service, as OlegTru.com can assume that this has been checked by the customer and clarified if necessary. Thus, the customer ensures that no copyrights or other rights of third parties are violated.

3. If OlegTru.com is nevertheless to be used for breach of third party rights in connection with the execution of the contractual services, the customer releases OlegTru.com from all corresponding claims, assumes the liability and, if applicable, all of them to OlegTru.com claims regarding third party rights of any kind.

4. The customer bears all costs for the rights, rights and their use. This includes e.g. also possible royalties for used and explicitly requested by the customer pieces of music.

III. Services and eventual additional costs that may arise after an event

1. Basic services
a. All services correspond to the package / offer contractually agreed between the customer and OlegTru.com. This includes as an integral part of the transfer of the rights in the amount as described in Section VII Nos. 1-3 of these terms and conditions on the artistically edited photo or footage from OlegTru.com to the customer.

b. If the package / offer for transfer of rights also includes a certain number (in the case of particularly small or large events, the number of photos created may differ from the package / offer) on processed photos (with at least 5 MP resolution, which are sufficient for printing up to A3) USB stick (or a video on USB stick, or print products), with which the customer can practically use the acquired rights (see section VII).

c. All services offered include a free and non-binding personal meeting in Pforzheim (Germany).

d. The professional editing of photos and videos includes i.a. the optimization of exposure, color, contrast and image detail.

e. Processing takes place on a calibrated monitor either in the Adobe RGB color space or in the sRGB color space – color deviations at the customer are possible.

2. Additional services / corrections
a. OlegTru.com itself stores the raw data usually for 2 months, project data (photo books, etc.) for 4 months and JPGs usually up to one year. Orders, postprocessing requests or correction requests (for photo books, cards, etc. always call before ordering and check for spelling mistakes!) Must be made during this time (up to a maximum of 2 months after the event / shooting). After the respective periods, there is no right to a refund. At the customer’s request, the deadline can be extended – OlegTru.com must be informed of this in writing.

b. Photobooks, other printing materials and videos are provided to the customer for inspection before the final product is created. Up to 2 months after the event are included in the prices, further work beyond that or after this period is calculated, maximum 2 correction loops (maximum in the price included work per loop are change requests in the maximum extent of approximately 10%) OlegTru.com with 50 Euro plus VAT per 30 minutes. At the request of the customer, wrinkles can be removed and the skin smoothed with up to 10 selected photos – the processing of further photos is not included in the basic service and will be charged with 10 Euro plus VAT per photo.

3. Special requests (dress code, conversations with guests, etc.)
a. Of course, OlegTru.com also offers customers the opportunity to make special requests regarding my appearance. This includes e.g. special clothing wishes (otherwise I and my team members come in comfortable clothes, in which we can move well), behavioral wishes regarding the appearance to guests (e.g. no conversations with guests, etc.) etc. These must be explicitly and clearly defined in writing (via Email!).

4. The photographer is entitled to commission services provided by third parties that must be purchased to carry out the production in the name and with the authorization and for the account of the customer.

IV. Prices and costs

1. Location: Germany
The prices quoted by OlegTru.com are i.d.R. Final prices (exceptions will be marked accordingly). For orders with service provision in Germany, a proportional 19% VAT will be charged.

2. Location: outside of Germany
For these customers, the German sales tax does not apply. You are responsible for the taxation according to the regulations of your country. In addition, when sending photo books, canvases, etc. in Switzerland or in the EU-foreign customs fees, these are to be paid by the customer.

3. Larger events
For larger events with at least 8 hours and more than 150 people, there may be costs for an assistant of 300 Euro net.

V. Resignation from the contract / booking and cancellation policy

1. Withdrawal from the contract / booking by the customer
a. Cancellation on the part of the customer is possible, however, cancellation fees will be charged after placing the order as follows:
Cancellation up to 120 days before the event: the deposit
Cancellation up to 90 days before the event: 5% of the agreed fee + the deposit
Cancellation up to 60 days before the event: 10% of the agreed fee + the deposit
Cancellation up to 30 days before the event: 20% of the agreed fee + the deposit
Cancellation up to 10 days before the event: 40% of the agreed fee + the deposit
Cancellation within 9 days before or on the day of the event: 60% of the agreed fee + the deposit

b. Exception: If after the cancellation of an event by the customer to an order (possibly with new conditions) come on a different date, the cancellation costs will be charged after completion of the service, i. it is then only the balance due.

c. Partial cancellation:
In case of a partial cancellation (for example, no photo box or photo album) a new complete offer will be created based on the current prices. In addition, the proportionate cancellation costs may apply (see above).

2. Reservations
For reservations (maximum duration of a reservation is 4 weeks) there are no cancellation fees. Exception: Should OlegTru.com send another request, which must be rejected due to a reservation already existing, and the customer, who wants to maintain the reservation, does not book OlegTru.com, 100 Euro net and cancellation fee will be charged according to the table below Point V on.
In other words, if I make a reservation, I will contact the customer and ask him if the reservation is still valid, if the customer so wishes, but does not book me later, I will charge the customer 100 Euro net plus cancellation fee according to the table.

3. Cancellation of contract / booking by OlegTru.com
Resignation from OlegTru.com is possible due to technical failures, other important reasons, illness, accident, death, natural disasters, pregnancy, etc. In this case, OlegTru.com will endeavor to arrange a replacement on the same terms as agreed. A withdrawal from the contract / booking must be made as early as possible by telephone or in writing.

4. Cancellation policy
For all contracts / orders / bookings that have come about exclusively using means of distance communication (letters, e-mails, telephone, etc.), customers can withdraw 14 days after placing the order, if not already started with a partial service (eg pre-shoot or personal Meeting) or individual goods have already been ordered (eg photo books or cards). The revocation takes place by e-mail / phone to Oleh Trushkov.

VI. Liability

1. The organizer is solely liable for personal injury and property damage during an event, insofar as the damage was not caused by gross negligence or willful misconduct by OlegTru.com.

2. If OlegTru.com cannot provide the agreed services in whole or in part due to circumstances beyond its control and external influences (force majeure, natural disasters, technical failure, etc.), the customer has no claim for damages. Any payments already made to OlegTru.com will be refunded less any costs already incurred, if no service is available to them.

3. OlegTru.com is not liable if it has not previously been clearly expressed wishes or expectations of the customer was substantially met (for example, both parents should be filmed / photographed, a parent was completely forgotten and is not represented at all), and only in the proportions of the claimed performance in relation to the total output.

VII. Exploitation, rights

1. Acquisition of rights for unrestricted use
a. Both recording and editing the pictures / film is a creative artistic activity – as a result, all rights of the result of this work are automatically subject to applicable law at OlegTru.com.

b. Insofar as the customer wants to reuse images / film according to his own wishes, e.g. Publish in the social networks, set in Youtube or leave to third parties for use or possibly market images or film, he must acquire the rights to do so.
Since this is the wish of a majority of customers, this transfer of rights is an integral part of the prices published on this website or individually offered, i. the transfer of rights has already been included in these prices.

c. The transfer of rights includes the unlimited use by the customer for all private and commercial purposes and all forms and media for restricted or unrestricted publication.

d. In addition to the transfer of rights, customers will of course receive the corresponding photo or image. Footage on a suitable medium.

2. Limited rights acquisition
If a customer only wants files for their own use – which precludes disclosure to third parties – he will receive an individual offer on request. For this service, a surcharge of 19% VAT on the net price is due under the law. In the event of a waiver of the unrestricted acquisition of rights pursuant to Section VII No. 1, all exploitation rights (such as the right to commercialize or to third parties) shall remain with OlegTru.com.

3. Whereabouts of rights at OlegTru.com
a. In the cases of Section VII Nos. 1.2 of these Terms and Conditions, OlegTru.com retains the right to use both the photo / film material and artistically processed images / films for its own presentation purposes in the context of customer discussions and for self-promotion in the Internet / print area. e.g. by posting on the website of OlegTru.com / partner sites and other platforms / magazines.

b. In so far as persons are essential, e.g. in the foreground and conspicuous, OlegTru.com will seek the approval of the customer and, if applicable, the people depicted before they are placed online. The customer agrees in this case, the rights for the representation of all persons – if not already done – to obtain. If such collection is inadequate and OlegTru.com already uses the photo or footage for self-promotion purposes in good faith, liability for its inadequate contribution to 150 Euro net will be limited to the expense incurred by OlegTru.com.

VIII. Information on data collection pursuant to Article 13 GDPR

Oleh Trushkov, Hans-Thoma-Str. 9A, 75181 Pforzheim collects for the purpose of contract execution and to fulfill our contractual and pre-contractual obligations personal data of the client.
Data collection as well as data processing is required for the implementation of the contract (see Article 6 (1) (b) GDPR). A transfer of this collected data to third parties will not take place without explicit approval by the client. These collected data will be deleted as soon as they have fulfilled their purpose and are no longer necessary for the fulfillment of the contract and the statutory retention obligation has been fulfilled. The client may at any time request free information on all personal data. For questions or requests for deletion, correction and blocking of personal data as well as collection, processing and use, the client may contact the following address:
Oleh Trushkov, Hans-Thoma-Str. 9A, 75181 Pforzheim, hello@OlegTru.com.

IX. Payments

1. Payments must be made without deduction and exclusively to OlegTru.com.
2. The following payment methods are accepted:
After invoicing (with the provision of the agreed service) – the payment can be settled either by bank transfer to an account named by OlegTru.com. Payment via Paypal is possible on request.

X. Final provisions

1. The law of the Federal Republic of Germany applies as agreed, including for deliveries abroad.

2. Additional agreements to the contract or these terms and conditions must be in writing in order to be valid.

3. Any nullity or ineffectiveness of one or more provisions of these GTC does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid, valid provision, which comes closest to the desired provision economically and legally.

4. Jurisdiction is Pforzheim.

Last Updated January 2019
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