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On provision of services of organization of photo shooting, lookbook photography, product photography, retouching & editing, and other consulting services.
1. GENERAL CONDITIONS 1.1. This agreement serves as an official offer (public offer) of Studio fotografico photo7.it (STUDIO PHOTO7.IT), Via Malaga 6, Milan 20143 ITALY, P.IVA 09479370968 (hereinafter referred to as CONTRACTOR), and contains terms of providing indicated services. 1.2. According to the Civil Code of Italy, a legal entity or an individual that accepts the terms stipulated below and effects the payment is referred to as CUSTOMER. 1.3. In connection therewith, this public offer is read carefully and in case of any paragraph not being accepted, the CONTRACTOR does not bind the potential customer. 2. SUBJECT OF AN OFFER 2.1. The CONTRACTOR provides to the CUSTOMER services of organization of photo shooting, lookbook photography, product photography, retouching & editing, stylist and other consulting services on a paid basis by preparing reply (consultation), photoes and other materials on enquiry made by the CUSTOMER, under the terms of the present offer, current price-list and quotations (hereinafter referred to as QUOTATIONS) stipulated by the CONTRACTOR. 2.2. The public offer agreement (hereinafter referred to as AGREEMENT), supplements and QUOTATIONS hereto serve as official documents and shall be published on the web-site www.photo7.it. 2.3. The CONTRACTOR has the right to make alterations to QUOTATIONS, terms hereof and supplements hereto without the prior consent of the CUSTOMER, thereby publishing altered terms on the web-site www.photo7.it. 2.4. Under the present AGREEMENT the CONTRACTOR shall be responsible for providing services to the CUSTOMER, in accordance with the QUOTATIONS stipulated hereto, and provides one of or several services indicated in paragraph 2.1 directly for the CUSTOMER. 3. CONTRACTOR’S OBLIGATIONS 3.1. Under the present AGREEMENT the CONTRACTOR shall: 3.1.1. take obligations to provide services indicated in the Paragraph 2 hereof; 4. CUSTOMER’S OBLIGATIONS 4.1. The CUSTOMER is obliged: 4.1.1. to provide to the Contractor all the required information or documents, necessary for the photo shooting or other servces, in due time, under the present AGREEMENT; 4.1.2. to send feedbacks to the CONTRACTOR on the subject of the AGREEMENT as well as make specific conditions in a written form. 5. TERMS AND PROCEDURE OF RENDERING SERVICES 5.1. Having read and understood the QUOTATIONS and chosen the necessary type of service, the CUSTOMER provides prepayment in form of cash, bank transfer or any other form acceptable to the CONTRACTOR according to the QUOTATIONS, thus accepting the terms of the offer. As soon as the payment is processed and the money are delivered to the current account of the CONTRACTOR or if the CONRTRACTOR confirms payment acceptance in any written form, the public offer agreement on providing indicated services is automatically deemed to be executed. If the CONTRACTOR is not able to process the APPLICATION due to the lack of information provided, the CONTRACTOR shall, within 3 working days, request the additional information, details and documents from the CUSTOMER. In such case, the service provision period shall be extended for as many days as it will take the CUSTOMER to provide to the CONTRACTOR the required additional information (documents, details). 5.2. The payment is effected in advance, in full amount (one hundred percent) from the cost of a particular type of service, in accordance with QUOTATIONS. 5.3. The payment is made by the CUSTOMER in EURO via money transfer to the CONTRACTOR’S current account, or in cash, in accordance with the price-list made by the CONTRACTOR. 5.4. By effecting the payment, the CUSTOMER agrees with the price of the service chosen, according to the Paragraph 5.2. hereof, and has no right to make a claim on the price. 5.5. The services shall be deemed to be paid for by the CUSTOMER as soon as the CONTRACTOR receives the confirmation from the bank that the money has been transferred to his account or received in cash in person. 5.6. As soon as the terms stipulated in Subparagraphs 5.1.-5.5. hereof are met, the CONTRACTOR shall provide services within 23 working days depending from additional agreements and circumstances. The service provision period starts from the moment the money are obtained by the CONTRACTOR with confirmation in written. In case of delays or any other difficulties, the CONTRACTOR has the right to prolong the service provision period. After fulfilling his obligations the CONTRACTOR shall send or e-mail to the CUSTOMER a written performance of services provided, whether it is a detailed reply, photos, edits, references, consulting on photo style etc. 5.7. Services are deemed to be rendered in a proper manner and to full extent, if the CUSTOMER has not made a claim within 3 working days since the services were rendered. If the claim is not made in written manner to the e-mail indicated in contact details of the present contract, the delivery and acceptance certificate is deemed to be signed and the services provided in a proper manner. 6. ACCEPTANCE OF AN OFFER AND EXECUTION OF AN OFFER AGREEMENT 6.1. The CUSTOMER accepts the AGREEMENT by making the advance payment for the services offered by the CONTRACTOR and considered as a subject of the AGREEMENT. 7. DURATION OF THE AGREEMENT AND ALTERATIONS OF AN OFFER 7.1. The offer is effective since May 1, 2017 comes into force after the offer is accepted by the CUSTOMER and is effective: a) until the CONTRACTOR fulfills the obligations to the extent that corresponds to the amount of payment made by the CUSTOMER under the AGREEMENT and QUOTATIONS hereof; b) until the AGREEMENT is terminated. 7.2. The CONTRACTOR has the right to make alterations to the terms of the AGREEMENT and/or revoke the AGREEMENT at any time at one’s own wish. In case of any alterations made by the CONTRACTOR hereto, such alterations come into force right after their publication, if not stipulated otherwise. 7.3. In case the revocation is made by the CONTRACTOR during the AGREEMENT’S duration, the AGREEMENT is deemed to be terminated from the moment of revocation. 8. TERMINATION OF AN OFFER 8.1. The AGREEMENT can be terminated if the CONTRACTOR severely violates the terms of the agreement, according to the current legislation and terms of the AGREEMENT. 8.2. According to the current legislation and terms of the AGREEMENT, if the CUSTOMER violates the AGREEMENT, the AGREEMENT can be terminated at any time by the CONTRACTOR, at one’s own wish, by notifying the CUSTOMER in writing. The AGREEMENT is deemed to be terminated after the written notice has been sent by the CONTRACTOR. 9. GUARANTEE 9.1. Except guarantees directly indicated in the AGREEMENT, the CONTRACTOR shall not give any direct or implied guarantees under the present AGREEMENT and deny any other guarantees or conditions in regard of inviolated rights. 9.2. By accepting terms of the AGREEMENT, the CUSTOMER assures the CONTRACTOR and guarantees that: 9.2.1. The CUSTOMER provided true and timely details necessary to fulfill the AGREEMENT. 9.2.2. The CUSTOMER enters the AGREEMENT on a voluntary basis, for this purpose the CUSTOMER: a) has read and understood the terms of the AGREEMENT, b) fully understands the subject of the AGREEMENT, c) fully understands the meaning and consequences of any actions in regard to execution and fulfillment of the AGREEMENT. 10. CONTRACTOR’S RESPONSIBILITIES 10.1. Under no circumstances, in accordance with the AGREEMENT, the CONTRACTOR shall be responsible for: a) any activity/inactivity which results from direct or indirect activities/inactivities of any other third parties; b) any indirect losses and/or lost profits suffered by the CUSTOMER and/or third parties, whether or not the CONTRACTOR might have foreseen such losses. 10.2. Joint responsibility of the CONTRACTOR under the AGREEMENT, complaint or claim, or the fulfillment of the AGREEMENT, is limited by the amount of payment made by the CUSTOMER to the CONTRACTOR under the present AGREEMENT. 10.3. Not contradicting with the above mentioned information, the CONTRACTOR does not bear any responsibility for violating the terms of the AGREEMENT, if the violation is caused by force majeure circumstances, namely: actions of public authorities, fire, flood, earthquake, other natural disasters, power loss and/or computer network failure, walk-outs, civil unrest, turmoil and any other not influenced by the CONTRACTOR circumstances, which prevent the fulfillment by the CONTRACTOR of the respective obligations under this AGREEMENT. 11. CUSTOMER’S RESPONSIBILITIES 11.1. The CUSTOMER is fully responsible for: a) meeting the requirements set by the legislation, including but not limited to, be fully responsible for the content and form of photoes and services recived; b) providing true and timely information and giving guarantees and assurance of the CUSTOMER indicated in the Paragraph 4 of the present AGREEMENT. 11.2. Should the CUSTOMER violate the terms of the AGREEMENT, the CONTRACTOR has the right to put the service provision on hold until the CUSTOMER remedies the violation and pays the damages suffered by the CONTRACTOR in full, and/or to terminate the AGREEMENT by sending to the CUSTOMER a written notice via e-mail. 12. OTHER CONDITIONS 12.1. The AGREEMENT, its execution and fulfillment, is regulated under the current legislation of the Italian Republic. 12.2. Any notifications under the present AGREEMENT can be sent by one Party to another: 1) via e-mail a) to the CUSTOMER’S e-mail and from the CONTRACTOR’S e-mail specified below, if the recipient is the CUSTOMER, and b) to the CONTRACTOR’S e-mail specified below and from the CUSTOMER’S e-mail; 2) by post with delivery notification. 12.3. Sole AGREEMENT. The AGREEMENT serves as a complete agreement between the CONTRACTOR and the CUSTOMER. The CONTRACTOR shall not undertake any terms and obligations in regards of the subject of the AGREEMENT, except those stipulated in the QUOTATIONS, unless such conditions and obligations are written down and signed by both the CONTRACTOR and the CUSTOMER. 12.4. All the disagreements arising out of the present Agreement between the CONTRACTOR and the CUSTOMER are subject to pre-trial resolution by making a claim. All the disputes at court are settled at the CONTRACTOR’S location. 13. CONTRACTOR’S DETAILS Studio fotografico photo7.it Address: Via Malaga 6, Milan, 20143, ITALY P.IVA 09479370968 Bank account details: Banca Popolare di Vicenza IBAN: IT12 Z057 2801 6056 3257 1307 101 Beneficiario: Oleksii Kipenko Tel: +39 388 302 1495 E-mail: hello@PHOTO7.IT Web-site: www.photo7.it |