GENERAL TERMS AND CONDITIONS (GTC)
These General Terms and Conditions (hereinafter: GTC) regulate the legal relationship between Szilvia Mihályi sole proprietor (hereinafter: Service Provider / Seller) and the Client or Buyer using the service (hereinafter collectively: Client; if a natural person acting outside their profession, independent occupation, or business activity, hereinafter: Consumer).
By ordering the service or using the webshop (submitting the order), the Client accepts these terms.
1. DETAILS OF THE SERVICE PROVIDER
- Name: Szilvia Mihályi E.V. [Sole Proprietor]
- Registered office: 2100 Gödöllő, Garó Emília utca 1. 1a.
- Registration number: 57767075
- Tax number: 59718651-1-33
- E-mail: mihalyiszilviafoto@gmail.com
- Website: mihalyiszilvia.hu
2. SCOPE OF THE GTC
These GTC apply to all services and products available through the mihalyiszilvia.hu website, in particular:
- women’s, family, and lifestyle photography,
- workshops and events,
- mandala paintings and unique artworks,
- gift vouchers.
I. PHOTOGRAPHY SERVICES
3. FORMATION OF THE CONTRACT
The photography service is always established based on an individual quotation. The Client requests a quotation via the contact form or e-mail, to which the Service Provider sends a written quotation.
The contract is formed when the Client expressly accepts and confirms the quotation via e-mail. Simultaneously, the Consumer expressly requests and agrees that the Service Provider immediately begins the performance of the service (booking an appointment, studio organization, preparation).
4. PAYMENT TERMS
4.1. To secure the date and location of the photoshoot, a deposit equivalent to 50% of the agreed fee is payable in advance via bank transfer.
4.2. The remaining fee is due no later than the day of the photoshoot: in cash on location, or by bank transfer in such a way that the amount is credited to the Service Provider’s bank account prior to fulfillment.
4.3. Invoicing is processed through the Számlázz.hu (KBOSS.hu Kft.) system.
5. CANCELLATION AND MODIFICATION
5.1. The booked appointment can be modified free of charge at least 72 hours before the photoshoot.
5.2. In case of cancellation or modification within 72 hours, 50% of the agreed service fee is payable as a cancellation penalty.
5.3. In case of cancellation within 24 hours or a no-show, the full (100%) service fee is payable.
5.4. The paid deposit is non-refundable in case of cancellation, and it counts towards the penalty amount according to section 5.2.
5.5. Based on Government Decree 45/2014 (II. 26.) on contracts concluded between distance parties, the Consumer has a 14-day right of withdrawal. The Consumer acknowledges that after the full performance of the service (the realization of the photoshoot), they lose their right of withdrawal. If the Consumer withdraws after the start of the performance but before the date of the photoshoot, they must reimburse the Service Provider for the justified costs already incurred, and the cancellation terms of this chapter also apply.
6. SELECTION AND DELIVERY OF IMAGES
6.1. After the photoshoot, the Client receives the raw images in a closed online gallery exclusively for selection purposes.
6.2. The Service Provider processes exclusively the images selected by the Client with digital post-processing.
6.3. The delivery of the finalized images takes place within a maximum of 10 working days from the submission of the selection, in digital download format (via an online link).
6.4. Nyers (digitális utómunka nélküli) képek semmilyen formában nem kerülnek átadásra.
7. COPYRIGHTS AND USAGE
7.1. The copyright of the photographs inseparably belongs to the Service Provider.
7.2. The Client receives a non-exclusive, unlimited in time and space usage right for the finalized images for private, personal use (e.g., own social media profiles, family prints), as well as for their own individual introductory/professional platforms. The resale of the images to third parties or their unauthorized transfer for commercial/advertising purposes is prohibited.
7.3. Basic editing of the images (resizing, basic online filter) is permitted, but significant modification of the visual aesthetic, drastic manipulation, or AI-based transformation/distortion is prohibited.
7.4. The Service Provider is entitled to use the images in their portfolio and social media platforms as references, provided that the Client has given prior written consent (via e-mail).
II. WORKSHOPS AND EVENTS
8. REGISTRATION
Registration for the workshops takes place via online purchase through the website. The participation spot is secured upon the payment of the full fee amount.
9. CANCELLATION IN CASE OF WORKSHOPS
9.1. In case of cancellation at least 7 days before the date of the workshop, 50% of the paid amount will be refunded.
9.2. In case of cancellation within 7 days, the refund of the participation fee is not possible.
9.3. The right to participate (the purchased spot) can be transferred to another person free of charge at any time before the start of the workshop, provided the Client notifies the Service Provider in advance via e-mail.
10. CANCELLATION BY THE PROVIDER
If the workshop is canceled due to insufficient attendance or other reasons arising on the part of the Service Provider, the paid amount will be fully refunded or, upon the Client’s request, can be rebooked for a later date.
III. WEBSHOP – MANDALAS AND PRODUCTS
11. ORDERING AND PAYMENT METHOD
11.1. Ordering of ready-made products selected in the webshop is done electronically.
11.2. Payment is made via secure online bank card payment (through the Stripe system). The system sends an automatic confirmation of a successful payment.
12. SHIPPING
The delivery of ready-made products is carried out according to the Buyer’s choice by courier service or parcel locker according to the fees indicated on the platform, or by personal collection at the Service Provider’s studio in Gödöllő at a pre-arranged time.
13. RIGHT OF WITHDRAWAL AND EXCEPTIONS
13.1. The Consumer has the right of withdrawal without justification within 14 days from the receipt of the ready-made product. In case of withdrawal, the direct cost of returning the product is borne by the Consumer, and the Seller will refund the full purchase price after the product is returned intact.
13.2. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL (Based on Section 29 (1) c) of Gov. Decree 45/2014):
The Consumer may not exercise their right of withdrawal in the case of a non-prefabricated product that was produced based on the Consumer’s instructions or explicit request, or which was clearly tailored to the Consumer’s person.
Accordingly, in the case of custom paintings and personalized mandalas made upon the Buyer’s specific request, the 14-day right of withdrawal without justification is NOT applicable, and the Seller is not obliged to take back such products.
IV. GIFT VOUCHERS
14. USAGE
The gift voucher cannot be exchanged for cash or money, but it is freely transferable and can be used within the expiration date indicated on the voucher, subject to the Service Provider’s availability.
15. RIGHT OF WITHDRAWAL FOR VOUCHERS
15.1. In the case of an online purchase of a non-personalized (general value or package) voucher, the 14-day right of withdrawal applies from the date of purchase.
15.2. In the case of a specifically personalized voucher issued to an individual name or one containing a service redeemed/fulfilled immediately upon purchase, the right of withdrawal cannot be exercised.
V. COMMON PROVISIONS
16. COMPLAINT HANDLING AND CONCILIATION BOARD
16.1. Reporting a complaint: mihalyiszilviafoto@gmail.com. The Service Provider will investigate the received complaint within 30 days and provide a written response.
16.2. In the event of a consumer dispute, the Consumer may apply to the Conciliation Board according to their place of residence or stay. Details of the conciliation body competent according to the Service Provider’s registered office:
- Pest County Conciliation Board (Pest Vármegyei Békéltető Testület)
- Registered office: 1055 Budapest, Balassi Bálint u. 25. IV/2.
- E-mail address: pmtbekelteto@pmkik.hu
- Website: www.pestmegyeibekelteto.hu
17. FORCE MAJEURE
If the delivery of the service or product cannot be fulfilled due to unavoidable reasons beyond the Service Provider’s control (e.g., verified sudden illness, accident, technical failure, extreme weather, official restriction, or other force majeure event), the Service Provider will offer a new date for photoshoots and workshops. If the new date is provably unsuitable for the Client, the paid amount will be refunded. Further liability for damages of the Service Provider is excluded.
18. LEGISLATION
For matters not regulated in these GTC, Hungarian law, in particular the provisions of the Civil Code (Ptk.) and Government Decree 45/2014 (II.26.) on the detailed rules of contracts between a consumer and a business, shall apply.
19. FINAL PROVISION
By ordering the service or making a purchase in the webshop, the Client declares that they have read these GTC, understood their contents, and accepted them as binding upon themselves.
