Conditions
1. Applicability and Scope of General
Terms and Conditions (GTC)
1.1. These general terms and conditions apply exclusively
for the conclusion of contracts with consumers (consumers). Consumer in the sense of § 1
KSchG is any person who enters into a legal transaction for a purpose
completes neither their commercial nor their self-employed professional
activity can be attributed. For the conclusion of contracts with entrepreneurs
reach the general terms and conditions for corporate transactions
for application.
1.2. The photographer concludes contracts - unless expressly stated otherwise
was agreed - exclusively on the basis of the present
General Terms and Conditions.
1.3. The inclusion of conflicting or supplementary
Contractual terms of the contractual partner are expressly contradicted.
Without exception, these are only valid if and insofar as they are written in individual cases
have been agreed. In particular, contractual fulfillment actions of
Photographers not considered consent to by these General
Terms and Conditions deviating from the contract terms.
1.4. Should individual provisions of the contract including this
Regulations may be wholly or partially invalid or in the course of their duration
or should the contract show a gap, the validity of the
remaining provisions or parts of such provisions unaffected. this applies
not if the invalid provision regulates one of the main performance obligations.
Instead of the ineffective or missing provisions, the respective ones
legal regulations. From the fact that the photographer single or
fails to exercise all of the rights to which he is entitled, a waiver of these may apply
rights cannot be derived.
2. Offer, conclusion of contract
2.1. The offers of the photographer are - unless they are expressly
be described as binding - subject to change and non-binding. this is also valid
for all information in price lists, brochures etc.
2.2. An order can be placed with the photographer both in writing (per
letter, e-mail, fax, etc.) as well as verbally (in person, by telephone). the
The photographer will send the client within a reasonable time
Receipt of the order an order confirmation (offer acceptance) or
informs him of the rejection of the order. By accepting comes a
legally binding contract between the photographer and the client
come about, which triggers the mutual obligation to perform.
(Optional if photos can be ordered online.)
2.3. The client has the option of using photographs and/or film works
including the rights of use standardized in § 42 UrhG online
to acquire. Additional rights of use must be
Photographers to be agreed separately.
The offer of the photographer online is legally binding.
The purchase contract comes into effect upon receipt of the
Order placed with the photographer. The ordering process is made by selection
of the desired products set in motion and through
Clicking the order button at the end of the selection process is complete. the
Photographer provides the contractual products after receipt of payment
either by sending it to the address specified by the contractual partner
address or as a download file.
3. Provision of services, permission to use
3.1. The photographer can also carry out the assignment – in whole or in part
Let third parties (laboratories etc.) do it. If the contractual partner does not
written orders, the photographer is as to the nature of the
Execution of the order free. This applies in particular to the image conception,
the choice of photo models, the shooting location and the ones applied
optical-technical (photographic) means.
3.2. The goods are sent at the risk of the photographer, ie the
In this case, there is a risk of loss or damage to the goods
to the contractual partner as soon as the goods are delivered to him or one of them
specified third party other than the carrier.
3.3. The delivery/service dates and deadlines specified by the photographer are only
Approximate and non-binding unless expressly deemed in writing
have been confirmed as binding. From non-compliance with non-binding
Delivery/performance periods and dates cannot be used as a basis for claims against the
Photographers are derived. In any case, the photographer is responsible for arranging the appointment
to be provided within 30 days of the conclusion of the contract.
3.4. If binding delivery dates or delivery times are agreed, the
Contractual partner - unless it is a fixed transaction within the meaning of point 3.5. acts
- in the event of a delay in delivery after setting a reasonable grace period from the contract
resign. Withdrawing from the contract leaves the right to compensation for the
culpable non-fulfillment caused damage unaffected.
3.5. Is the fulfillment at a fixed time or within a
stipulated a fixed period of time otherwise rescission and the photographer is in
default, the contract shall be deemed to have been dissolved without further action if the
contractual partner does not immediately notify the photographer of the
to continue fulfilling the contract. Any claims for damages
remain unaffected by this.
3.6. With the purchase of a copyrighted work, regardless of whether
in paper form or digitally, the contractual partner acquires a simple (not
exclusive and non-exclusive), non-transferable (assignable)
Permission to use for the expressly agreed purpose and
within the agreed limits (circulation number, time and place
restrictions, etc.); in case of doubt, it is in the invoice or in the delivery note
stated scope of use is decisive. In any case, the contractual partner acquires
only as many rights as the disclosed purpose of the contract (granted
order) corresponds. In the absence of any other agreement, the license for use applies
only for a one-off publication (in one edition), only for that
expressly designated medium of the contractual partner and not for
advertising purposes as granted. In addition, the contractual partner is in the sense of § 42 UrhG
in any case entitled to individual copies for personal and private use
to manufacture use.
3.7. The license to use is only valid after full payment of the fee
agreed recording and work usage fee (see point 6.2.) and under
the requirement of a proper manufacturer designation/
Attribution according to point 4.3. as granted.
4. Copyright Provisions
4.1. Photographs and film works are copyrighted works within the meaning of §§ 1,
3, 4 UrhG. All copyrights and ancillary copyrights of the manufacturer (§§ 14ff,
73ff UrhG) belong to the photographer without exception. The photographer has
With the exception of the rights standardized in § 42 UrhG, the exclusive
Exploitation right, ie the exclusive right to the photograph
reproduce, distribute, publicly through optical means
to be performed, broadcast and made available to the public
place. In this case, use is only permitted in accordance with one provided by the photographer
permission granted (cf. point 3.6.). § 75 UrhG does not reach
for application.
4.2. Any duplication or distribution of photographs/films in
online databases, in electronic archives, on the Internet or in intranets,
which are not only intended for the internal use of the contractual partner,
on diskette, CD-ROM or similar data carriers, is only due to one
special written agreement between the photographer and the
contractors permitted. The right to make a backup copy remains
unaffected by this.
4.3. The contractual partner is responsible for every use (duplication, distribution,
consignment etc.) obliged to provide the manufacturer's designation (naming) or
the copyright notice in the sense of the WURA (Universal Copyright Convention)
clear and legible (visible), especially not overturned and in
Normal letters, directly next to the photo and clearly assignable to it
to be attached as follows:
Photo: © … name/company/artist name of the photographer, place and – if so
published – year of first publication.
This also applies if the photograph does not have a manufacturer's designation
is provided. In any case, this provision applies as the attachment of the
Manufacturer designation in the sense of § 74 Abs 3 UrhG. Is the photo on the
Signed on the front (in the picture), does not replace the publication of this signature
the manufacturer's note described above.
4.4. Any change to the photograph requires the written consent of the
photographers. This only does not apply if the changes are made after – the
Photographers known - contractual purpose are required.
4.5. In the case of a publication, two free specimen copies are required
to send. For expensive products (art books, video cassettes)
the number of specimen copies is reduced to one piece. Upon release
on the Internet, the web address must be communicated to the photographer.
4.6. In the event of a violation of copyright and/or ancillary copyrights, the
photographer according to §§ 81ff UrhG civil law claims
omission, removal, damages, publication of judgments, etc. The
The photographer is entitled to claims regardless of fault. in the
Case of violation of the obligation to identify the manufacturer is considered immaterial
Damage (§ 87 Abs 2 UrhG) without prejudice to an additional
pecuniary damage (§ 87 Abs 1 UrhG) at least an amount in the amount of
reasonable remuneration (§ 86 UrhG).
5. Ownership of Footage and Image Files, Labeling
archiving
5.1. Analog photography: The ownership of the exposed film material
(Negatives, slides, etc.) is the photographer's right. This leaves the
Contractual partners against agreed and appropriate remuneration for the
agreed use of the property. slides
shall - unless otherwise agreed in writing - dem
Contractual partner only on loan against return after use at risk
and costs of the contractual partner for use to the extent of
Permission to use according to point 3.6. made available.
5.2. Digital Photography: Ownership of the image files belongs to the photographer
to. A right to transfer digital image files and use to the extent of
Permission to use according to point 3.6. exists only after express
written agreement and, in the absence of a different express agreement
Agreement only one between the photographer and the contractor
mutually agreed selection of the produced image files.
5.3. The photographer is entitled to use the photographs and the digital image files in
any way he deems appropriate (also on the front) with his
to provide the manufacturer's designation. The contractual partner is obliged to
To ensure the integrity of the manufacturer's designation, especially if it is permitted
Passing on to third parties (printers etc.). If necessary, the
Attach or renew the manufacturer's designation. This applies in particular
also for all means of reproduction created during production (lithographs, plates
etc) or when making copies of digital image files.
5.4. The contractual partner is obliged to store digital photographs in such a way that
the manufacturer's designation for any type of data transmission with the images
remains electronically linked so that the photographer as the originator of the images is clear and
is clearly identifiable.
5.5. The photographer will archive the recording without any legal obligation.
In the event of loss or damage, the
contractual partners no claims.
6. Remuneration (wage, fee)
6.1. Unless otherwise agreed in writing, the photographer is responsible for
his services a work wage (fee) according to his currently valid
price lists too.
6.2. On the one hand, the photographer is entitled to a recording fee, which
also for layout or presentation recordings as well as if a
Exploitation is omitted or depends on the decision of a third party. On the
In this case, no price reductions will be granted for the admission fee.
In addition, the photographer is responsible for the sale of photographs/films
Sales fee and for the granting of a license that goes beyond § 42 UrhG
permission to use a separate fee for the use of the work (license fee) in
agreed amount.
6.3. Conceptual services (consulting, layout, other graphic services
etc.) as well as material costs and other expenses for props, models,
Travel expenses, subsistence expenses, make-up artists, etc. are not included in the admission fee
included and will be charged separately. The same goes for one
above-average organizational and meeting effort.
6.4. The prices are in euros and are “ex works” (tax-exempt according to §6 UStG)
as well as when sending the
Goods plus a shipping and packaging fee of €
6.5. Desired by the contractual partner in the course of the execution of the order
Order changes are at his expense and will be charged separately.
6.6. We are responsible for adhering to previous prices for follow-up orders
not bound.
6.7. No guarantee is given for the correctness of cost estimates
accepted.
7. Payment
7.1. Unless a payment term has been expressly agreed in writing,
the fee is due for payment immediately after invoicing. Was a
If payment terms have been agreed, the invoices are due within 14
working days from invoicing free of charges and deductions
Photographers due for payment.
7.2. The photographer is entitled, before the start of the execution of the order
Client to demand payment on account as well as for orders
to issue partial invoices for divisible services.
7.3. The photographer is entitled to accept payments regardless of their dedication to
Settlement of the oldest due debt as well as the accrued ones
interest on arrears and costs in the following order: costs,
Interest, principal.
7.4. In the event of default in payment, we shall be independent of fault
Default interest of 4% pa and compound interest at the statutory rate
amount charged. In addition, the contractual partner is in debt
Default of payment obliges the photographer to pay all expenses incurred
appropriate collection of the claim necessary costs, such as
Attorneys' fees and collection agency costs, to be refunded and everyone
further damage, in particular the damage caused by the fact that
correspondingly higher interest on any credit accounts as a result of non-payment
incurred to replace.
7.5. The contractual partner is against offsetting with his own claim
only entitles the photographer if he is insolvent and the
Claim of the contractual partner in a legal connection with his
there is a liability or the claim has been legally established by the court
or acknowledged by the photographer.
7.6. The contractual partner can only exercise a right of retention if
these are claims from the same contractual relationship.
8. Statutory Right of Withdrawal
8.1. According to § 11 FAGG, the consumer can withdraw from a distance contract
or an off-premises contract within 14
days without giving a reason. More about exercising
Right of withdrawal and the consequences of withdrawal is to be published separately
Cancellation policy for goods deliveries or the cancellation policy for
to obtain service orders.
8.2 The right of withdrawal is excluded in the following cases:
• in contracts for services, if the entrepreneur – on the basis
an express request by the consumer and a confirmation
of the consumer about his knowledge of the loss of the right of withdrawal
complete fulfillment of the contract - before the end of the fourteen-day period
withdrawal period had begun with the execution of the service and the
service was then provided in full;
• in contracts for goods made to customer specifications
or are clearly tailored to personal needs;
• in contracts for goods that after their delivery due to their
condition were inseparably mixed with other goods;
• in the case of contracts for sound or video recordings or computer software that are
be delivered in a sealed pack, provided that the seal is in accordance with it
removed from delivery;
• in contracts for the delivery of non-physical
Data carrier stored digital content if the entrepreneur – with
explicit consent of the consumer, combined with his
Acknowledgment of the loss of the right of withdrawal in the event of an early start
the fulfillment of the contract, and after providing a copy or
Confirmation according to § 5 paragraph 2 or § 7 paragraph 3 - before the end of the withdrawal/revocation period
started delivery.
9. Obligations of the contractual partner
9.1. The contractual partner is obliged, if necessary, to
To participate in the fulfillment of the order and to the photographers to the best of his ability
support. The contractual partner has to obtain any required
Permissions for the use of work by third parties with regard to objects shown (e.g
Works of fine art, samples and models, brands, photo templates, etc.)
and obtaining consent to depict people (e.g., models).
care for. The photographer guarantees the consent of authorized persons,
in particular of models, only in the case of express written consent for
the contractual purposes (item 3.6.).
9.2. Indemnification and indemnification: The contractual partner undertakes to
Photographers are fully indemnified and held harmless against claims by third parties
hold if he is due to violations of legal regulations or the
behavior of the contractual partner is prosecuted or prosecuted under civil or criminal law
or is claimed in court or out of court.
9.3. If the photographer is commissioned with the electronic
processing of third-party photographs, the contractual partner assures that he
owns the necessary rights and provides the photographer of all
Claims of third parties based on a breach of this obligation.
9.4. The contractual partner undertakes to provide recording objects
be picked up immediately after admission. Will these objects after
request by the photographer not later than two working days
picked up, the photographer is entitled to remove the items at the expense of the
to store contractual partners.
10. Default of acceptance, withdrawal of the contractual partner
10.1. If the service is provided by the contractual partner at the stipulated time on
stipulated location is not accepted or the provision of services by the
Photographer delayed or made impossible, the contractual partner gets into
Delay of acceptance. In this case, the photographer is entitled, after setting a
to withdraw from the contract within a reasonable period of grace of 14 days
to fulfill the contract. The photographer is also entitled from the contract
withdraw if the contractual partner, despite a written warning and
Granting of a grace period of 14 days continued against material obligations
from the contract (duties to cooperate, payment of the down payment or
partial payments) violates. In any case, the contractual partner has to give the photographer the
compensation for damage caused by him.
10.2. In the event of default of acceptance, the contractual partner shall bear any storage costs as well as
to bear the costs for the unsuccessful delivery and collection. hits him
Contractual partner is to blame for default of acceptance on the part of the photographer
in addition to the damage caused by the delay
substitute. The contractual partner also bears the risk of storage.
10.3. In the case of absolutely necessary appointment changes (e.g. for reasons of
weather conditions) are a time spent or reserved in vain
to pay the corresponding fee and all ancillary costs.
11. Retention of Title
11.1. The goods remain in the warehouse until the fee has been paid in full
property of the photographer. The contractual partner bears the entire risk for the
Reserved goods, in particular for the risk of destruction or loss
or deterioration.
11.2. The pledging or security transfer of the goods subject to retention of title is
contractual partners are prohibited.
11.3. The contractual partner undertakes to inform the photographer before registering a
to inform insolvency proceedings, so that this is subject to retention of title
goods delivered and owned by him.
11.4. If the contractual partner, with his payment, falls into
Default, the photographer is entitled to return the goods until complete
to demand satisfaction. Time-limited claims are due immediately.
11.5. It is agreed that in asserting the retention of title
there is no withdrawal from the contract unless the photographer declares withdrawal from the contract
contract in writing.
12. Warranty
12.1. A defect triggering warranty claims by the contractual partner
only applies if the photographer deviates from what is contractually owed. the
Assertion of warranty claims is only permitted for defects
that already existed at the time of handover. About that
Any guarantee promises beyond this will not be accepted by the photographer
accepted. For performance actions by the photographer based on incorrect
or inaccurate instructions of the contractual partner or for damage
caused by unsuitable or improper use or handling
are caused, there are no warranty claims.
12.2. The statutory warranty provisions apply. the
The limitation period for warranty claims is two years from handover
the goods to the contractual partner. If the photographer is to blame for the defect,
the contractual partner can do so within three years in accordance with § 933a ABGB
from knowledge of damage and damaging party instead of asserting
warranty claims claim damages.
12.3. If the supplementary performance has taken place by way of a replacement delivery, the
The contractual partner is obliged to return the first delivered goods within 14
days to the photographer at his expense. the
The defective goods must be returned in accordance with the statutory provisions
to take place.
12.4. The assignment of the contractual partner's claims for defects is
locked out.
13. Liability for Damages
The photographer is liable for culpable damage caused by him according to the statutory provisions
provisions. Claims for damages for property damage are only slight
negligent causation excluded. This does not apply to damage to dated
Contractual partner for processing taken over items, as well as damage caused by
a breach of the main contractual obligations has occurred.
14. Assignment
The contractual partner may exercise his rights under this contract only with the
the prior written consent of the photographer in whole or in part
transfer or pledge to third parties.
15. Privacy
The photographer determines, saves and processes the information provided by the contractual partner
disclosed personal data (name, address, e-mail address,
Credit card details, account transfer details, phone number
etc.) as well as the data related to the business relationship (such as
e.g. order date, ordered or delivered products or services,
number of pieces, price, delivery dates, payment and reminder data, etc.).
Compliance with the provisions of the Data Protection Act as amended for the purposes of
Performance of Contract. The photographer uses the information provided by the contractual partner
personal data without their separate express consent
exclusively for contract processing and answering inquiries, if
this in the further use of his data, in particular
advertising purposes, has not expressly consented. In the absence of consent to the
Use of the data for advertising purposes, the data will be more complete
Processing of the contract and full purchase price payment for the further
Use blocked and after expiry of tax and commercial law
Retention periods deleted. If consent is given, the data will be
saved for advertising purposes. The contractual partner can give consent
for the collection, processing and use of personal data at any time
withdraw.
16. Use of Photographs for Photographer's Promotional Purposes
The photographer is - unless expressly written to the contrary
Agreement exists - entitled to use photographs produced by him
to use advertising of his activity. The contractual partner grants
Publication for advertising purposes of the photographer his express and
irrevocable consent and waives the assertion of any
Claims, in particular from the right to one's own picture in accordance with § 78 UrhG
as well as to claims for use according to § 1041 ABGB.
17. Applicable law, place of jurisdiction, contract language
17.1. For all disputes between the photographer and the
Contractual partners from the contractual relationship, including disputes about
the formation and/or the validity of the contract applies
Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods
and the reference norms of international private law as agreed.
However, this choice of law only applies insofar as the protection granted by
mandatory provisions of the law of the state in which the contractual partner
has his habitual residence is withdrawn.
17.2. For all against a contractual partner of the photographer who is domestic
domicile, habitual abode or place of employment
Complaints are made by one of the courts in whose district the consumer is
has his domicile, habitual abode or place of employment.
17.3. The contract language is German, at the request of the contractual partner also in English.