NatashaRihaPhoto

Terms of Service

1 Applicability and scope of the general terms and conditions

1.1 These general terms and conditions apply exclusively to the conclusion of contracts with consumers. A consumer within the meaning of § 1 KSchG is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. The general terms and conditions for business transactions apply to the conclusion of contracts with entrepreneurs.

1.2 The photographer concludes contracts - unless expressly agreed otherwise - exclusively on the basis of these general terms and conditions.

1.3 The inclusion of conflicting or supplementary contractual conditions of the contractual partner is expressly contradicted. Without exception, these are only valid if and to the extent that they have been agreed in writing in individual cases. In particular, acts of contract performance by the photographer do not constitute consent to contractual conditions that differ from these general terms and conditions.

1.4 Should individual provisions of the contract, including these provisions, be wholly or partially ineffective or become in the course of their duration or should the contract contain a loophole, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. This does not apply if the ineffective provision regulates one of the main performance obligations. In place of the ineffective or missing provisions, the respective statutory regulations apply. A waiver of these rights cannot be derived from the fact that the photographer does not exercise some or all of the rights to which he is entitled.

2 Offer and conclusion of contract

2.1 The offers of the photographer are - unless they are expressly designated as binding - subject to change and non-binding.

2.2 An order can be placed with the photographer in writing (by letter, e-mail, fax, etc.) as well as verbally (in person, by telephone). The photographer sends the client an order confirmation (acceptance of the offer) within a reasonable time after receipt of the order or informs him of the rejection of the order. By accepting a legally binding contract between the photographer and the client comes about, which triggers the mutual obligation to perform.

2.3 The client has the opportunity to purchase photographs and / or films, including the rights of use standardized in Section 42 UrhG, via the online shop. Any further usage rights must be agreed separately with the photographer. The photographer's offer in the online shop is legally binding. The purchase contract is concluded when the order is received by the photographer. The ordering process is started by selecting the desired products in the shopping cart and completed by clicking the purchase button at the end of the ordering process. The photographer makes the contractual products available after receipt of payment either by sending them to the address given by the contractual partner or as a downloa

3 Provision of services, license for use

3.1 The photographer can also have the order carried out - in whole or in part - by third parties (laboratories, etc.). If the contractual partner does not make any written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image perception, the selection of the photo models, the location and the optical-technical (photographic) means used.

3.2 The goods are sent at the photographer's risk, i.e. the risk of loss or damage to the goods is only transferred to the contractual partner in this case as soon as the goods are sent to him or to someone other than the carrier appointed by him. Is delivered to a third party.

3.3 Delivery / service dates and periods stated by the photographer are only approximate and non-binding, unless they have been expressly confirmed as binding in writing. No claims against the photographer can be derived from non-compliance with non-binding delivery / service deadlines and dates.

3.4 If binding delivery dates or deadlines are agreed, the contractual partner can - unless it is a firm deal as defined in point 3.5. - withdraw from the contract in the event of a delay in delivery after setting a reasonable grace period. Withdrawal from the contract does not affect the right to compensation for damage caused by negligent non-performance.d file.

3.5 If fulfillment is stipulated at a fixed time or within a fixed period, otherwise withdrawal and the photographer is in default, the contract is deemed to be terminated without further action, unless the contractual partner immediately informs the photographer that he continues to insist on the fulfillment of the contract. Any claims for damages remain unaffected.

3.6 With the acquisition of a work protected by copyright, regardless of whether in paper form or digitally, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose and within the agreed limits (edition number, time and location restrictions etc.); in case of doubt, the scope of use stated on the invoice or on the delivery note is decisive. In any case, the contractual partner only acquires as many rights as corresponds to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the license is only valid for a single publication (in one edition), only for the expressly designated medium of the contractual partner and not for advertising purposes. In addition, the contractual partner within the meaning of § 42 UrhG is in any case entitled to produce individual copies for his own and private use.

3.7 The license to use is only valid once the agreed recording and usage fee has been paid in full (see point 6.2.) And provided that the manufacturer is properly named / named in accordance with point 4.3. as granted.

4 Copyright provisions

4.1 Photographs and film works are works protected by copyright within the meaning of §§ 1, 3, 4 UrhG. The photographer is entitled to all copyrights and ancillary copyrights of the manufacturer (§§ 14ff, 73ff UrhG) without exception. With the exception of the rights standardized in § 42 UrhG, the photographer has the exclusive right of exploitation, i.e. the exclusive right to reproduce the photo, to distribute it, to make it public through optical devices.

4.2 Any duplication or distribution of photos / films in online databases, in electronic archives, on the Internet or in intranets, which are not only intended for internal use by the contractual partner, on floppy disks, CD-ROMs or similar data carriers, is only permitted on the basis of a special written agreement between the photographer and the contractual partner. The right to make a backup copy remains unaffected.

4.3 With every use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to indicate the manufacturer's name (naming) or the copyright notice in the sense of the WURA (World Copyright Agreement) clearly and easily legible (visible), especially not overturned and in normal letters, directly to be attached to the photo and clearly identifiable as follows:

Photo: © Title (if available) / Natasha Riha Photography / Natascha Riha, Vienna, year of first publication (if published).

This also applies if the photo is not provided with a manufacturer's name. In any case, this provision applies as the attachment of the manufacturer's name within the meaning of Section 74 (3) UrhG. If the photo is signed on the front (in the picture), the publication of this signature does not replace the manufacturer's note described above.

4.4 Any change to the photo requires the photographer's written consent. This only does not apply if the changes are necessary in accordance with the contractual purpose known to the photographer.

4.5 In the event of a publication, two free specimen copies must be sent. In the case of expensive products (art books, video cassettes) the number of specimen copies is reduced to one piece. In the event of publication on the Internet, the photographer must be given the web address.

4.6 In the event of a violation of copyrights and / or ancillary copyrights, the photographer has civil law claims in accordance with §§ 81ff UrhG for omission, removal, compensation, publication of judgment, etc. The photographer is entitled to claims regardless of fault. In the event of a breach of the manufacturer's name, non-pecuniary damage (Section 87 (2) UrhG) without prejudice to any additional pecuniary loss (Section 87 (1) UrhG) is entitled to at least an amount equivalent to the appropriate remuneration (Section 86).

5 Ownership of the film material and the image files, identification of archiving

5.1 Analog photography: The photographer has the right of ownership to the exposed film material (negatives, slide positives, etc.). In return for an agreed and appropriate fee, the contractor shall leave the recordings required for the agreed use into the property of the contractual partner. Unless otherwise agreed in writing, slides are only loaned to the contractual partner against provision after use at the risk and expense of the contractual partner for use within the scope of the usage permit according to point 3.6. made available.

5.2 Digital photography: The photographer retains ownership of the image files. A right to transfer digital image files and use them to the extent of the usage permit in accordance with point 3.6. exists only after an express written agreement and, in the absence of a different express agreement, only concerns a selection of the image files produced by mutual agreement between the photographer and the contractual partner.

5.3 The photographer is entitled to label the photographs as well as the digital image files with his manufacturer's name in any manner that he deems suitable (including on the front). The contractual partner is obliged to ensure the integrity of the manufacturer's name, especially if it is passed on to third parties (printers, etc.). If necessary, the manufacturer's designation must be attached or renewed. This also applies in particular to all means of reproduction (lithographs, plates, etc.) created during production or when making copies of digital image files.

5.4 The contractual partner is obliged to save digital photographs in such a way that the manufacturer's name remains electronically linked to the images during any type of data transmission, so that the photographer as the author of the images can be clearly and unambiguously identified.

5.5 The photographer will archive the recording for a period of one year without any legal obligation. In the event of loss or damage, the contractual partner is not entitled to any claims.

6 remuneration (wages, fees)

6.1 In the absence of any deviating written agreement, the photographer is entitled to a wage (fee) for his services according to his current price lists.

6.2 On the one hand, the photographer is entitled to a recording fee, which is also due for layout or presentation recordings and if there is no utilization or depends on a decision by a third party. In this case, no price reductions will be granted on the admission fee. In addition, the photographer is entitled to a sales fee for the sale of photos / films and a separate fee (license fee) in the agreed amount for the granting of a usage permit going beyond Section 42 UrhG.

6.3 Conceptual services (advice, layout, other graphic services, etc.) as well as material costs and other expenses for props, models, travel expenses, accommodation expenses, make-up artists, etc. are not included in the admission fee and will be charged separately. The same applies to an above-average organizational or meeting effort.

6.4 The prices are given in euros and are "ex works" as well as plus shipping costs when the goods are dispatched.

6.5 In the course of the execution of the order, any changes to the order requested by the contractual partner shall be borne by the contractual partner and will be charged separately.

6.6 We are not bound to adhere to the previous prices for follow-up orders.

6.7 No guarantee is given for the correctness of cost estimates.

7 payment

7.1 Unless a payment term has been expressly agreed in writing, the fee is due for payment immediately after the invoice has been issued. If a payment term has been agreed, the invoices are due for payment to the photographer within 8 working days of receipt of the invoice, free of charges and deductions.

7.2 The photographer is entitled to request payment on account from the client before the start of the execution of the order, as well as for orders.

7.3 The photographer is entitled to use payments regardless of their dedication to settle the oldest due debt as well as the accrued default interest and costs, in the following order: costs, interest, main claim.

7.4 In the event of default in payment, default interest in the amount of 4% p.a. as well as compound interest at the statutory rate will be charged, regardless of fault. In addition, in the event of default in payment, the contractual partner is obliged to reimburse the photographer for all costs incurred for the appropriate collection of the claim, such as legal fees and the costs of debt collection agencies, and any further damage, in particular damage that arises as a result of non-payment correspondingly higher interest rates on any credit accounts.

7.5 The contractual partner is only entitled to offset against his own claim against the photographer if the latter is insolvent and the claim of the contractual partner is legally related to his liability or the claim has been legally established by the court or recognized by the photographer.

7.6 The contractual partner can only exercise a right of retention insofar as it concerns 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 a contract concluded outside of business premises within 14 days without giving reasons. More information on exercising the right of withdrawal and the consequences of withdrawing can be found in the separately published cancellation policy for deliveries of goods or the cancellation policy for service contracts.

8.2 The right of withdrawal is excluded in the following cases:
• in the case of contracts for services, if the entrepreneur - on the basis of an express request by the consumer and confirmation from the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the end of the fourteen-day withdrawal period and then the service has been fully provided;
• for contracts for goods that are manufactured according to customer specifications or that are clearly tailored to personal needs;
• in the case of contracts for goods which, due to their nature, were inseparably mixed with other goods after delivery;
• in the case of contracts for audio or video recordings or computer software that are delivered in a sealed package, provided that the seal has been removed after delivery;
• in the case of contracts for the delivery of digital content not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, combined with his knowledge of the loss of the right to withdraw from the contract if the contract begins early, and after providing a copy or confirmation according to § 5 Paragraph 2 or Section 7 Paragraph 3 - has started delivery before the expiry of the withdrawal / revocation period.

9 Obligations of the contractual partner

9.1 The contractual partner is obliged to cooperate in the fulfillment of the order if necessary and to support the photographer to the best of his ability. The contractual partner must ensure that any necessary third-party usage permits are obtained with regard to the objects shown (e.g. works of fine art, samples and models, brands, photographic templates, etc.) and the consent to the depiction of people (e.g. models). The photographer guarantees the consent of authorized persons, in particular models, only in the case of express written consent for the contractual purposes (point 3.6.).

9.2 Indemnification and indemnification: The contractual partner undertakes to indemnify and hold harmless the photographer in full against third-party claims if he is prosecuted or prosecuted in civil or criminal law or in court or out of court due to violations of legal provisions or the behavior of the contractual partner Is claimed.

9.3 If the photographer is commissioned with the electronic processing of third-party photographs, the contractual partner assures that he has the necessary rights and releases the photographer from all third-party claims based on a breach of this obligation.

9.4 The contractual partner undertakes to pick up the objects to be taken immediately after they have been taken. If these objects are not picked up after two working days at the latest when requested by the photographer, the photographer is entitled to store the objects at the expense of the contractual partner.

10 Default in acceptance, withdrawal by the contractual partner

10.1 If the contractual partner does not accept the service at the stipulated time at the stipulated place or if the photographer's performance is delayed or made impossible, the contractual partner is in default of acceptance. In this case the photographer is entitled to withdraw from the contract after setting a reasonable grace period of 14 days or to insist on the fulfillment of the contract. The photographer is also entitled to withdraw from the contract if, despite a written warning and a grace period of 14 days, the contractual partner continues to violate essential obligations under the contract (obligations to cooperate, payment of the down payment or partial payments). In any case, the contractual partner has to compensate the photographer for the damage caused by him.

10.2 In the event of default in acceptance, the contractual partner must bear any storage costs as well as the costs of unsuccessful delivery and delivery. If the contractual partner is to blame for the delay in acceptance, he must also compensate the photographer for the damage caused by the delay. The contractual partner also bears the risk of storage.

10.3 In the case of absolutely necessary changes of date (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs must be paid.

11 Reservation of title

11.1 The goods remain the property of the photographer until the fee has been paid in full. The contractual partner bears the entire risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

11.2 The contracting party is prohibited from pledging or assigning the reserved goods as security.

11.3 The contractual partner undertakes to notify the photographer before filing for insolvency proceedings so that he can take over goods that are delivered under retention of title and owned by him.

11.4 If the contractual partner defaults on payment in whole or in part, the photographer is entitled to return the goods until they have been completed

11.5 It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless the photographer declares his withdrawal from the contract in writing.

12 Warranty

12.1 A defect that triggers warranty claims on the part of the contractual partner is only present if the photographer deviates from what is contractually owed. The assertion of warranty claims is only permissible for defects that were already present at the time of delivery. Any further guarantee promises are not accepted by the photographer. In any case, no warranty claims exist for acts of fulfillment by the photographer based on incorrect or imprecise instructions from the contractual partner or for damage caused by unsuitable or improper use or handling.

12.2 The statutory warranty provisions apply. The limitation period for warranty claims is two years from delivery of the goods to the contractual partner. If the photographer is to blame for the defect, the contractual partner can claim damages instead of asserting warranty claims within three years of becoming aware of the damage and the perpetrator in accordance with § 933a ABGB.

12.3 If the supplementary performance has been carried out by means of a replacement delivery, the contractual partner is obliged to return the goods initially delivered to the photographer within 14 days at the photographer's expense. The return of the defective goods must take place in accordance with the statutory provisions.

12.4 The assignment of the contractual partner's claims for defects is excluded.

13 Liability for Damage

13.1 The photographer is liable for damage caused by him culpably in accordance with the statutory provisions. Compensation claims for property damage are excluded if the cause is merely negligent. This does not apply to damage to items taken over by the contractual partner for processing, as well as damage caused by a breach of the main contractual obligations.

14 assignment

14.1 The contractual partner may only transfer its rights from this contract in whole or in part to third parties or pledge them to third parties with the prior written consent of the photographer.

15 Data protection

15.1 The photographer determines, stores and processes the personal data provided by the contractual partner (name, address, e-mail address, credit card data, data for bank transfers, telephone number, etc.) as well as the data related to the business relationship (such as order date, ordered or ordered). delivered products or services, number of pieces, price, delivery dates, payment and dunning dates etc.) in compliance with the provisions of the Data Protection Act as amended for the purpose of contract fulfillment. The photographer uses the personal data communicated by the contractual partner without the contractual partner's separate express consent exclusively for the execution of the contract and answering inquiries, unless the latter has expressly consented to the further use of his data, in particular for advertising purposes. In the absence of consent to the use of the data for advertising purposes, the data will be blocked for further use after the contract has been completed and the purchase price has been paid in full and will be deleted after the retention periods under tax and commercial law have expired. If you have given your consent, the data will be saved for advertising purposes. The contractual partner can revoke a given consent to the collection, processing and use of personal data at any time.

16 Use of images for advertising purposes by the photographer

16.1 Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs produced by him to advertise his work. The contractual partner grants the photographer his express and irrevocable consent to the publication for advertising purposes and waives the assertion of any claims, in particular from the right to his own image in accordance with § 78 UrhG as well as usage claims in accordance with § 1041 ABGB.

17 Applicable law, place of jurisdiction, contract language

17.1 Austrian law applies to all disputes between the photographer and the contractual partner arising from the contractual relationship, including disputes about the formation and / or the validity of the contract, excluding the UN Sales Convention.

17.2 For all actions brought against a contractual partner of the photographer who has his domicile, habitual abode or place of employment in Germany, one of those courts in whose district the consumer has his domicile, habitual abode or place of employment is responsible.

17.3 The contract language is exclusively German.

Vienna, January 2, 2020