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TERMS AND CONDITIONS

PhotoArt by Ralf / www.photoartbyralf.com

These Terms and Conditions govern the access to and use of the website www.photoartbyralf.com, as well as the purchase, booking and delivery of the photography services offered by PhotoArt by Ralf.

By accessing the website, requesting an offer, booking a photo session, purchasing a package, product, gift card or any other service offered by us, you confirm that you have read, understood and accepted these Terms and Conditions.

Identification Details

The website www.photoartbyralf.com is owned and operated by:

RALF STUDIO SRL
Trade Register No.: J40/24649/21.12.2023
VAT/Tax Identification No.: RO49327260
E-mail: info@photoartbyralf.com
Website: www.photoartbyralf.com

The terms “PhotoArt by Ralf”, “we”, “the studio”, “the photographer” or “the service provider” refer to RALF STUDIO SRL and/or to the brand through which the photography services are offered.

The terms “client”, “beneficiary”, “user” or “you” refer to the person who accesses the website, requests information, books, purchases or benefits from our services.

Description of Services

PhotoArt by Ralf offers premium photography services, including, but not limited to:

  • fine art portrait sessions;

  • glamour/editorial sessions;

  • personal branding/headshot sessions;

  • themed photography campaigns;

  • digital and physical products related to photo sessions;

  • fine art prints, wall art, albums, canvas prints, frames or other personalized products;

  • gift cards and gift vouchers.

The exact services included in a package are those communicated in writing through an offer, e-mail, form, message, contract, invoice or dedicated page on the website.

Acceptance of the Terms

By using the website or booking a photo session, the client confirms that they:

  • have the legal age required to enter into a contract;

  • provide true, accurate and complete information;

  • understand the artistic and personalized nature of the photography services;

  • accept that the visual style, editing, selection and artistic interpretation belong to the photographer;

  • accept these Terms and Conditions.

If the client does not agree with these terms, they must stop using the website and must not continue the booking or purchase process.

Booking a Photo Session

A photo session is booked subject to the studio’s availability and becomes confirmed only after one of the following situations occurs:

  • payment of the requested advance;

  • full payment of the package;

  • written confirmation of the booking by the studio;

  • signing of a contract / acceptance of an offer, where applicable.

A simple request for information or preliminary discussion does not guarantee that a date will be reserved in the calendar.

The studio reserves the right to refuse a booking if the client’s request is not compatible with the style, values, availability, operational capacity or internal policy of the brand.

Advance Payment, Payment and Confirmation

In order to confirm a booking, the studio may request the payment of a non-refundable advance or the full payment of the package.

The advance payment has the purpose of reserving the date and time of the photo session in the calendar and covers the time allocated for planning, consultation, preparation and making that specific time slot unavailable to other clients.

Payment may be made by bank transfer, based on the issued invoice.

The photo session, digital products and physical products will be delivered only after the full payment of all amounts due.

In the event of delayed payments, the studio reserves the right to suspend the delivery of images, galleries, prints or ordered products until the full outstanding balance has been paid.

Prices and Price Changes

The prices of the services are those communicated in the offer valid at the time of booking.

Prices may be changed at any time, without prior notice; however, such changes do not affect bookings that have already been confirmed and paid, except in cases where the client requests additional services.

Any service, product, photograph, editing, print or modification that is not explicitly included in the purchased package is considered extra and will be invoiced separately.

What Is Included in a Photo Session

The exact content of each package is the one presented in the offer accepted by the client.

In general, a photo session may include, depending on the package:

  • preliminary consultation;

  • styling guidance;

  • access to the studio;

  • photography time;

  • posing guidance;

  • gallery selection;

  • a set number of edited digital images;

  • fine art retouching for the included images;

  • physical products, only if expressly mentioned in the package.

Unless expressly mentioned, the following are not included:

  • raw / RAW / unedited photographs;

  • all photographs taken during the session;

  • make-up and hairstyling;

  • wardrobe styling;

  • clothing rental;

  • prints, frames, canvas prints, albums or wall art;

  • additional photographs;

  • additional edits;

  • urgent delivery;

  • extended commercial rights;

  • use in paid campaigns, advertisements, publications, press or complex commercial materials.

Policy Regarding Raw / RAW Photographs

PhotoArt by Ralf does not deliver raw photographs, RAW files, unedited photographs or working files.

The client understands and accepts that raw photographs represent intermediate, unfinished material, forming part of the photographer’s artistic and technical process.

RAW files do not reflect the final standard of the PhotoArt by Ralf brand and are not considered deliverable products.

The client receives exclusively the final selected and edited images, according to the purchased package or additional orders.

Requesting all photographs taken during the session, raw files or unedited images does not oblige the studio to deliver them.

Image Selection

After the photo session, the studio may provide the client with a selection gallery, depending on the purchased package.

The client will choose the images they wish to have edited within the timeframe communicated by the studio.

If the client does not submit the selection within the established timeframe, the studio reserves the right to:

  • extend the deadline, if possible;

  • charge a gallery reactivation fee;

  • postpone image processing;

  • make the final selection on behalf of the client, if this was previously communicated.

The number of images delivered is the number included in the package or purchased additionally.

Editing, Retouching and Artistic Style

The client accepts that photography is a creative and subjective service, and that the final result depends on the artistic style, vision, experience and decisions of the photographer.

PhotoArt by Ralf retains control over:

  • the selection of the final images;

  • the editing style;

  • color grading;

  • contrast;

  • lighting;

  • retouching;

  • composition;

  • cropping;

  • artistic interpretation.

The retouching included in the package is intended to enhance the image in an elegant, natural manner, consistent with the brand’s style.

Unless separately agreed, the following are not included:

  • extreme body modifications;

  • major changes to the shape of the body or face;

  • background replacement;

  • removal or addition of people;

  • complex clothing modifications;

  • repeated retouching after final approval;

  • edits that contradict the PhotoArt by Ralf style.

Any additional editing request may be accepted or refused by the studio and may be charged separately.

Delivery Timeframes

Delivery timeframes are estimated and may vary depending on the season, editing complexity, workload, number of images ordered and selected physical products.

The delivery timeframe for digital images will be communicated to the client in writing or in the relevant offer.

For physical products, the delivery timeframe also depends on external suppliers: photo laboratories, print shops, frame manufacturers, album producers, canvas manufacturers or other personalized product providers.

Delays caused by suppliers, couriers, technical issues, force majeure or factors beyond the studio’s control do not give rise to liability on the part of the studio. However, we will make reasonable efforts to resolve the situation.

Physical Products, Prints, Albums, Frames and Wall Art

Any physical product — print, wall art, canvas, frame, album, box, passepartout, wall art or other personalized product — is ordered separately, unless it is explicitly included in the purchased package.

Physical products are made to order and personalized for the client, based on the selected and approved images.

After the order has been confirmed and sent to production, the order can no longer be cancelled or modified, unless the supplier allows this.

The client is responsible for checking and approving:

  • the selected images;

  • the size;

  • the type of product;

  • the finish;

  • the frame;

  • the material;

  • the quantity;

  • the delivery address;

  • any other technical details.

Minor color differences between the image viewed on a screen and the printed product may occur due to monitor calibration, paper type, material, ambient light or the printing process. These differences do not constitute a defect, provided that the product complies with normal production standards.

Personalized products cannot be returned, except where they present real production defects confirmed upon receipt.

Delivery of Physical Products

Physical products may be collected from the studio or delivered by courier, depending on the available options.

Delivery costs are not included, unless expressly stated.

The studio is not responsible for delays, losses, damage or improper handling caused by the courier company, but will support the client in the complaint process, within reasonable limits.

The client is responsible for checking the product upon receipt and for reporting any issue within a maximum of 24 hours from receipt, accompanied by clear photographs of the packaging and the product.

Rescheduling, Delays and Cancellations

The client may request the rescheduling of the photo session at least 7 days before the scheduled date.

Rescheduling is possible once, subject to the studio’s availability.

If the client cancels the session or does not attend, the advance payment will not be refunded.

If the client is late, the session time may be reduced proportionally, without any reduction in price.

If the delay exceeds 45 minutes, the studio reserves the right to consider the session cancelled, and the advance/payment made will not be refunded.

In exceptional situations — medical issues, family emergencies, circumstances beyond control — the studio may accept an additional rescheduling, at its sole discretion.

Cancellation or Rescheduling by the Studio

The studio may reschedule a session in justified cases, such as:

  • illness;

  • personal emergencies;

  • technical issues;

  • impossibility of using the studio;

  • force majeure circumstances;

  • situations beyond the studio’s control.

In such a case, the client will be offered a new available date.

If rescheduling is not possible within a reasonable timeframe, the client may request a refund of the amounts paid for the services not provided.

The studio is not liable for indirect damages, loss of opportunity, auxiliary costs or emotional distress caused by rescheduling.

Right of Withdrawal for Online Purchases

In the case of online purchases, the consumer client may benefit from the legal right of withdrawal, where applicable.

However, the client understands that the right of withdrawal may be limited or excluded in certain cases provided by law, including, but not limited to:

  • services whose performance has begun with the client’s express consent;

  • personalized or made-to-order products;

  • digital content delivered after the client’s consent;

  • bookings for services that involve reserving a date and allocating resources.

In the case of personalized products — prints, albums, wall art, frames, canvas prints or other products made especially for the client — returns are not possible after order confirmation, except in the case of production defects.

Gift Cards and Vouchers

PhotoArt by Ralf gift cards and vouchers are valid for the period stated at the time of purchase.

Unless otherwise stated, the standard validity period is 6 months from the date of issue.

Gift cards:

  • cannot be exchanged for money;

  • cannot be converted into cash;

  • cannot be returned after purchase, except as provided by law;

  • may be used only for the services and products indicated;

  • must be presented before booking the session.

If prices change after the validity period has expired, the client may be required to pay the difference up to the current price.

Client’s Obligations

The client is required to:

  • provide accurate and complete information;

  • communicate any special needs in due time;

  • arrive on time for the session;

  • follow the studio’s safety instructions;

  • treat the space, equipment, sets and accessories with care;

  • not damage the studio’s property;

  • not use the images in a manner that affects the reputation of the photographer or the brand;

  • not edit, modify or apply filters over the final images without the photographer’s written consent;

  • not use the photographs for unauthorized commercial purposes.

The client is responsible for any damage caused in the studio by themselves, by the persons accompanying them or by the children/minors under their care.

Accompanying Persons

The presence of accompanying persons in the studio is permitted only with the studio’s prior consent.

The studio reserves the right to limit the number of persons present at the session in order to maintain the quality of the experience, safety, privacy and artistic focus.

Accompanying persons may not interfere with the creative process, the client’s direction or the photographic decisions, except where previously agreed.

Minors

For the photographing of minors, the consent of a parent or legal guardian is required.

The parent/legal guardian is responsible for the minor’s behavior, safety and supervision during the session.

Images featuring minors will not be used publicly by the studio without the explicit consent of the parent/legal guardian.

Copyright

All photographs created by PhotoArt by Ralf are photographic works protected by copyright law.

The copyright, economic rights and moral rights over the photographs belong to the photographer / RALF STUDIO SRL, unless there is an express, separate written agreement providing otherwise.

By purchasing a photo session, the client does not acquire ownership over the photographs, the raw files or the copyright, but receives only a limited usage license, in accordance with these terms.

Any transfer of economic rights must be made in writing and expressly signed/accepted by both parties.

Usage License Granted to the Client

For the final images delivered, the client receives a personal, non-exclusive, non-transferable license for private and/or personal use.

The client may use the photographs for:

  • personal archive;

  • personal prints;

  • personal social media;

  • personal website, provided it does not have a direct commercial purpose;

  • personal professional profiles, in the case of branding/headshot sessions, within the limits of the purchased package.

The client may not, without the studio’s written consent:

  • sell the photographs;

  • sublicense the photographs;

  • transfer the photographs to third parties for commercial use;

  • use the photographs in paid advertisements;

  • use the photographs in commercial campaigns, press, display advertising, packaging, products, books, magazines, banners or extensive promotional materials;

  • enter the photographs into competitions;

  • modify, retouch, recolor, excessively crop or apply filters that alter the photographer’s style;

  • remove the signature, watermark or photographer credit, where these exist;

  • use the photographs in a defamatory, offensive, political, pornographic, discriminatory or illegal context.

For extended commercial uses, a separate license will be concluded and an additional fee may apply.

Photographer Credit

When publishing images on social media, the client is encouraged to mention PhotoArt by Ralf / @photoartbyralf, where the platform allows it.

In the case of use in press, publications, interviews, PR materials, professional websites or public portfolios, crediting the photographer is mandatory, unless otherwise agreed in writing.

Recommended credit line:

Photo: Raluca Florescu, PhotoArt by Ralf

Use of Images by the Studio

PhotoArt by Ralf may use photographs taken during the sessions for portfolio, website, social media, presentation materials, exhibitions, campaigns, competitions, publications or promotional purposes only based on the client’s consent, where the image allows the client to be identified.

The image usage consent may be provided separately, through a form, contract, e-mail, message or other written means.

The client may refuse consent for the public use of the images, without this affecting the quality of the service received.

The client may later withdraw consent for future uses by sending a written request to info@photoartbyralf.com. The withdrawal of consent does not affect any uses prior to the withdrawal, nor materials already produced, printed, published or distributed before the withdrawal, within the limits of the law.

Confidentiality and Private Sessions

PhotoArt by Ralf treats each client’s image, data and experience with respect and discretion.

If the client wishes to have a fully private session, without the images being used in the portfolio or on social media, they may communicate this option before the session or at the time of signing the image usage consent.

The absence of explicit consent for portfolio use means that identifiable images will not be used publicly for promotional purposes.

Photo Archiving

The studio may keep final images and/or working files for a reasonable period, for archive, backup, contractual evidence or subsequent order purposes.

PhotoArt by Ralf does not guarantee the indefinite storage of files.

The client is responsible for downloading, saving and backing up their delivered images.

After the final gallery has been delivered, the studio is not responsible for the client’s loss of images, accidental deletion, expiration of the download link or inability to access the files at a later time.

Reactivation of a gallery, retransmission of files or archive searches may be charged separately.

Warranties and Limitation of Liability

PhotoArt by Ralf will provide the services with professionalism, care and in accordance with its own quality standards.

However, the client understands that photography is an artistic service, and the final result may be influenced by factors such as:

  • the client’s expressiveness;

  • emotional availability;

  • collaboration during the session;

  • chosen styling;

  • make-up and hairstyling;

  • outfits;

  • lighting;

  • set/design;

  • physical and emotional state on the day of the session.

The studio does not guarantee the identical reproduction of reference images, moodboards, inspirational photographs or examples found online.

The studio’s liability is limited to the amount actually paid by the client for the service that gave rise to the complaint.

The studio is not liable for indirect losses, loss of income, loss of image, loss of opportunity, emotional costs or damages resulting from the improper use of the photographs.

Technical Failures or Accidental Data Loss

In rare situations, technical failures, data loss, corrupted memory cards, hardware/software errors or other issues beyond the studio’s control may occur.

In such a situation, the studio’s liability will be limited, at the studio’s choice, to:

  • rescheduling the session at no additional cost;

  • partially redoing the session, if possible;

  • partial or full refund of the amounts paid for the undelivered services.

The client may not claim additional compensation for indirect, emotional, commercial or reputational damages.

Force Majeure and Fortuitous Event

The studio is not responsible for the non-performance or delayed performance of its obligations caused by force majeure or fortuitous events, including, but not limited to:

  • fires;

  • floods;

  • earthquakes;

  • pandemics;

  • legal restrictions;

  • major power outages;

  • independent technical issues;

  • strikes;

  • accidents;

  • illness;

  • impossibility of accessing the studio;

  • any unforeseeable and uncontrollable event.

In such cases, the parties will attempt to reschedule or identify a reasonable solution.

Complaints

Any complaint regarding the services or products delivered must be submitted in writing to info@photoartbyralf.com.

For digital images, complaints must be submitted within a maximum of 5 days from delivery.

For physical products, complaints regarding visible defects must be submitted within a maximum of 24 hours from receipt, accompanied by photographs of the product and packaging.

Dissatisfaction based exclusively on subjective preferences, changes of opinion, incompatibility with the photographer’s style or requests that were not previously communicated does not constitute non-conformity.

Use of the Website

It is prohibited to use the website for:

  • illegal activities;

  • transmitting abusive, defamatory, obscene, discriminatory or fraudulent content;

  • attempting unauthorized access to servers, databases, accounts or information;

  • copying, reproducing or extracting content without consent;

  • affecting the operation of the website;

  • using bots, scraping, automated systems or similar means without written consent.

We reserve the right to restrict access to the website in the event of any abusive or unauthorized use.

Intellectual Property Over the Website

All elements of the website — texts, photographs, design, logo, concepts, graphic materials, structure, content, names, presentations, portfolio, service descriptions — are protected by copyright and/or other intellectual property rights.

Copying, reproducing, distributing, modifying, publishing, selling, transmitting or using them without the written consent of PhotoArt by Ralf / RALF STUDIO SRL is prohibited.

Personal Data and Confidentiality

The processing of personal data is carried out in accordance with the Privacy Policy available on the website.

Personal data may include, depending on the interaction with us:

  • first and last name;

  • e-mail address;

  • phone number;

  • billing details;

  • photo/video image;

  • preferences regarding the session;

  • information voluntarily provided by the client;

  • technical data regarding website use.

Data is processed for purposes such as:

  • communication with the client;

  • providing offers;

  • booking;

  • delivering the services;

  • invoicing;

  • product delivery;

  • legal obligations;

  • marketing, only where there is a legal basis or consent;

  • protecting the rights and legitimate interests of the studio.

The client has the rights provided by the GDPR, including the right of access, rectification, erasure, restriction, objection, portability and the right to contact the competent authority.

For requests regarding personal data, the client may contact us at info@photoartbyralf.com.

Cookies

The website may use cookies and similar technologies for functionality, analytics, security, improving the browsing experience and, where applicable, marketing.

Details regarding the types of cookies, their purposes and management options should be presented in a separate Cookie Policy available on the website.

Links to Third Parties

The website may contain links to external platforms, suppliers, social networks, payment systems, online galleries or other websites.

PhotoArt by Ralf is not responsible for the content, policies, security or practices of these external websites.

Accessing external links is done at the user’s own risk.

Changes to the Terms and Conditions

PhotoArt by Ralf reserves the right to modify these Terms and Conditions at any time.

The updated version will be published on the website and will take effect from the date of publication.

For services already booked and paid for, the terms accepted at the time of booking apply, unless the changes are required by law or are favorable to the client.

Applicable Law and Dispute Resolution

These Terms and Conditions are governed by Romanian law.

Any disagreement will be resolved, as far as possible, amicably.

If amicable resolution is not possible, disputes will be settled by the competent courts in Romania.

Contact

For questions, requests, complaints or clarifications regarding these Terms and Conditions, you may contact us at:

PhotoArt by Ralf
E-mail: info@photoartbyralf.com
Website: www.photoartbyralf.com

Intellectual Property Over the Website

All elements of the website — texts, photographs, design, logo, concepts, graphic materials, structure, content, names, presentations, portfolio, service descriptions — are protected by copyright and/or other intellectual property rights.

Copying, reproducing, distributing, modifying, publishing, selling, transmitting or using them without the written consent of PhotoArt by Ralf / RALF STUDIO SRL is prohibited.

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