- These general terms and conditions are applicable for all orders, quotes, deliveries and services provided by the photographer and/or his/her agent. They are applicable for each stage of creative development and in particular for digitally produced photographs.
- They are considered as agreed to by the customer’s acceptance of the photographer’s quote and/or by the customer’s acceptance of the photographer’s delivery or service.
- Within the context of an ongoing business relationship, the general terms and conditions are applicable, even without explicit approval, to all future orders, quotes, deliveries or services of the photographer.
> Terms of Sale
- Purchasing of fine art prints through the online shop requires the customer to provide valid payment information. The seller reserves the right to terminate a customer’s order for purchases where the payment information cannot be processed and no alternative payment form is provided.
- Orders will be handled within three business days.
- All prints are produced as ordered and a limited return policy is applicable on a case-by-case basis. If the customer is unsatisfied with a product, the seller will accept a return for certain reasons within eight days, determined by the delivery date of the package.
- The seller provides a new print if there are any physical or visual defects that result directly from the printing process. Please reach out swiftly in case of a damaged package during shipment.
- Returns are not acceptable if the product has been determined to be damaged in any way as a result of the customer. Any dissatisfaction with the printing color or kind of paper will not be accepted as valid reasons for a return.
- In case an incorrect print, paper or format is ordered, the customer is solely responsible for the costs of the product and its shipping costs billed at the time of purchase.
- The seller does not guarantee that all information or services are complete, accurate, reliable, current or error-free.
- In the event of an error, the seller reserves the right to remedy and correct such error and charge the correct price. By doing so the customer is entitled to cancel the order.
> Services rendered by the photographer, customer’s right and duties
- Without other agreement between the parties, the creative presentation of the photographic works is at the discretion of the photographer.
- The photographer is responsible for supplying cameras and other equipment necessary for carrying out the order.
- To carry out the photographic works, the photographer and/or his/her agent may appoint auxiliary staff of his/her choice.
- The customer acknowledges that the photographic images supplied by the photographer constitute copyright material.
- Design suggestions or concepts ordered by the customer are independent services which must be remunerated separately.
- Analogically and digitally produced photographs, in particular RAW ﬁles remain the property of the photographer. The customer has no right of retetion of supplied photographic images.
- Complaints concerning the content, quality, or condition of the photographic images are to be communicated by notice of defects within eight days of receipt. Otherwise, the photographic images are considered approved.
- The customer is responsible for ensuring that persons, objects and locations necessary for carrying out the order are available and/or accessible.
- The customer will be held liable for costs incurred and third party costs if the customer does not fulﬁl the obligations or postpones a photo shoot less than two workdays prior to the appointment. In addition, the photographer has the right to claim compensation of 50% of the fee agreed on for the photo shoot.
- It is not the responsibility of the photographer to obtain the approval (model release) of persons to be photographed nor of legitimate persons on location (location release) concerning the planned usage of the photographic images if the customer has designated the persons or locations that are to be photographed.
- The photographer may name of the customer as a reference in written or electronic (internet) form.
> Usage rights
- With delivery and payment of the works, the customer acquires a license for use of the photographic works within the agreed scope. Not included herein is a sub-licensing to third parties by the customer.
- For illegal use, the customer is obligated to pay the photographer a license of use amounting to 150% of the photograph fee.
- The photographer can use the photographic images for his/her own advertising and, except as otherwise agreed, license them to third parties. - Exclusive rights and retention periods in the customer’s favour must be agreed on and remunerated separately.
- Modiﬁcations to the photographic images by analogue or digital composing and/or montage for the production of a new copyright product are only authorized with the photographer’s prior written consent.
- The photographic images may not be copied or photographed as a replicate or used as a motif in a picture.
- If the work is used, the customer shall ensure appropriate names are given.
- If the photographic images are used by the photographer for his/her own purposes or for licensing to third parties, the photographer guarantees that the depiction of persons, objects or locations does not infringe any rights of third parties.
- The photographer is only liable for intentional and/or grossly negligent behaviour. This also applies to liability for defects.
- The limitation of liability also applies to the behaviour of employees and auxiliary staff of the photographer.
- In case of dispute, the customer bears the court costs and assumes claims for damages against the photographer by third parties who have authorized the customer to use the photographic images.
- The photographic images may not be used in a distorting manner. The customer also bears the responsibility for the correct labelling of the photographic images.
- The remuneration agreed on between the parties, plus VAT is owed and payable within 30 days of billing.
- For comprehensive productions, in particular with large advance payments on the part of the photographer, the photographer has the right to a down-payment of at least one third of the production costs.
- Costs and expenses for the execution of the job, such as for example remuneration for auxiliary staffs and models as well as rental fees for equipment, rental costs for studios, photo shoot locations, props, travel expenses, allowances, etc. are not included in the remuneration and will be charged to the customer.
- For digital productions, the image editing (RAW conversions, colour and tonal value adjustments, selection of images, retouching, etc,) will be invoiced separately.
- The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
> Places of jurisdiction and applicable law
- The sole place of jurisdiction and place of performance is the photographer’s place of residence and/or place of business, even for deliveries abroad.