I. General

These terms and conditions apply to all orders placed with the photographer. They will be considered agreed upon unless immediately contradicted.

"Photographs" in these terms and conditions refer to all products produced by the photographer, regardless of the technical form or medium in which they were created or are available (files, negatives, slide positives, etc.).

 

II. Copyright:

The photographer holds the copyright to the photographs in accordance with copyright law.
The photographs produced by the photographer are mainly intended for the client's personal use.
If the photographer transfers rights of use for his works, only the simple right of use is transferred unless otherwise agreed.
A transfer of usage rights requires a special agreement.

Rights of use are only transferred to the photographer upon full payment of the fee.
The person ordering a photograph, as defined in Section 60 of the Copyright Act, does not have the right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred.
When using the photographs, the photographer may, unless otherwise agreed, demand to be named as the author of the photograph.
Violation of the right to be named entitles the photographer to compensation.

 

III. Remuneration, retention of title

A fee will be charged for the production of the photographs as an hourly rate, daily rate, or an agreed flat rate; additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rentals, etc.) will be borne by the client.
The photographer will show the final prices including VAT to end consumers.

Due invoices must be paid immediately and without deduction. The client is in default if they do not pay due invoices within 5 days of the shoot at the latest.
The supplied photographs remain the property of the photographer until the purchase price has been paid in full.

 

IV. Liability

For the breach of obligations that are not directly related to essential contractual obligations, the photographer is only liable for themselves and their vicarious agents in the event of intent and gross negligence. They are also liable for damages resulting from injury to life, limb, or health as well as from the breach of essential contractual obligations that they or their vicarious agents have caused through culpable breaches of duty.

Unless otherwise agreed, the photographer is only liable for damage to lenses, templates, films, displays, layouts, negatives, or data in the event of intent and gross negligence.

 

V. Ancillary Obligations

The client assures that they have the right to reproduce and distribute all templates handed over to the photographer and, in the case of portraits of people, the consent of the people depicted to publication, reproduction, and distribution.

Claims for compensation by third parties based on the violation of this obligation shall be borne by the customer.

 

VI. Performance disruption, cancellation fee

If the time provided for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly, provided that a flat rate was agreed upon. If a time fee has been agreed upon, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage. In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the case of intent and gross negligence.
If an order is not carried out for reasons for which the photographer is not responsible, the photographer can charge a cancellation fee of 20% of the agreed fee without the need for proof of damage.

 

VII. Data protection

The personal data of the client will be collected, processed, and used in accordance with the relevant data protection regulations.

 

VIII. Final provisions

The place of jurisdiction for all legal disputes arising from this contract is the registered office of the photographer.
Should any of the provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
The law of the Federal Republic of Austrian shall apply to the exclusion of the UN sales law.
These terms and conditions are subject to change at any time without prior notice. It is the responsibility of the client to keep themselves informed of the current terms and conditions.

 

IX. Complaints and dispute resolution

The client is obliged to inspect the photographs immediately after receipt and to notify the photographer of any defects in writing within 7 days.
If the client does not meet this obligation, the photographs shall be deemed approved.
If a complaint is justified, the photographer has the choice of either correcting the defect or delivering a new photograph.
Further claims by the client, in particular for damages, are excluded unless otherwise provided for in these GTC.

 

X. Severability clause

If any provision of these terms and conditions is or becomes invalid or unenforceable, the validity of the other provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the invalid or unenforceable provision.

 

XI. Governing law

These terms and conditions and the entire legal relationship between the photographer and the client are governed by the laws of the Federal Republic of Austria.

These terms and conditions are subject to change at any time without prior notice. It is the responsibility of the client to keep themselves informed of the current terms and conditions.