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 (Austrian Consumer Protection Law) 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.
1.2. Natasha Riha Photography 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 fulfillment of the contract by Natasha Riha Photography do not constitute consent to contractual conditions that deviate 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 validity of the remaining provisions or parts of such provisions shall remain 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 Natasha Riha Photography does not exercise any or all of the rights to which she is entitled.
2. Offer, conclusion of contract
2.1. The offers by Natasha Riha Photography are - unless they are expressly designated as binding - subject to change and non-binding. This also applies to all information in price lists, brochures, etc.
2.2. An order can be placed with Natasha Riha Photography in writing (by letter, email, fax, etc.) as well as verbally (in person, by telephone). Natasha Riha Photography 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 Natasha Riha Photography and the client comes about, which triggers the mutual obligation to perform.
2.3. The client has the opportunity to purchase photographs, including the rights of use standardized in § 42 UrhG (Austrian Copyright Law), via the online shop. Any further usage rights must be agreed separately with Natasha Riha Photography. The Natasha Riha Photography 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. Natasha Riha Photography provides the contractual products after receipt of payment either by sending them to the address given by the contractual partner or as a download file.
3. Provision of services, license to use
3.1. Natasha Riha Photography 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, Natasha Riha Photography is free with regard to the type of implementation of the order. 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 risk of Natasha Riha Photography, ie the risk of loss or damage to the goods in this case only passes to the contractual partner as soon as the goods are sent to him or to a third party other than the carrier designated by him is delivered.
3.3. Delivery / service dates and periods stated by Natasha Riha Photography are only approximate and non-binding, unless they have been expressly confirmed as binding in writing. No claims against Natasha Riha Photography can be derived from non-compliance with non-binding delivery / service deadlines and dates. In any case, Natasha Riha Photography has to provide the service within 30 days of the conclusion of the contract.
3.4. If binding delivery dates or deadlines are agreed, the contractual partner can - provided it is not a firm deal within the meaning of 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.
3.5. If fulfillment is stipulated at a fixed time or within a fixed period, otherwise withdrawal, and if Natasha Riha Photography is in default, the contract shall be deemed to have been terminated without further action, unless the contracting partner immediately informs Natasha Riha Photography that it will continue 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 (number of copies, temporal and local 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 Section 42 UrhG (Austrian Copyright Law) is in any case entitled to produce individual copies for his own and private use.
3.7. The usage license only applies when the agreed recording and work 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 Regulations
4.1. Photographs are works protected by copyright within the meaning of §§ 1, 3, 4 UrhG (Austrian Copyright Law). All copyrights and ancillary copyrights of the manufacturer (§§ 14ff, 73ff UrhG Austrian Copyright Law) are without exception Natasha Riha Photography. With the exception of the rights standardized in § 42 UrhG (Austrian Copyright Law), Natasha Riha Photography has the exclusive right of exploitation, i.e. the exclusive right to reproduce and distribute the photo, to present it publicly through optical devices, to broadcast it and to make it available to the public. In this case, use is only permitted in accordance with a usage permit issued by the photographer (see point 3.6.). Section 75 UrhG (Austrian Copyright Law) does not apply.
4.2. A duplication or distribution of photos / 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 floppy disks, CD-ROMs or similar data carriers, is only permitted on the basis of a special written Agreement between Natasha Riha Photography and the contractual partner permitted. The right to make a backup copy remains unaffected.
4.3. With every use (duplication, distribution, broadcast, etc.), the contractual partner is obliged to indicate the manufacturer's name (name) or the copyright notice in the sense of the WURA (World Copyright Agreement) clearly and legibly (visible), in particular not overturned and in normal letters, directly with the Photo and clearly assignable to it must be attached as follows: Photo: © Natasha Riha Photography. This also applies if the photo does not bear 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 (Austrian Copyright Law). 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 written consent of Natasha Riha Photography. This only does not apply if the changes are necessary for the purpose of the contract, which is known to Natasha Riha Photography.
4.5. In the case 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. Natasha Riha Photography must be informed of the web address when it is published on the Internet.
4.6. In the event of a violation of copyrights and / or ancillary copyrights, Natasha Riha Photography has civil law claims in accordance with §§ 81ff UrhG (Austrian Copyright Law) for omission, removal, compensation, publication of judgment, etc. The claims are due to Natasha Riha Photography regardless of fault. In the event of a breach of the manufacturer's name, non-pecuniary damage (Section 87 (2) UrhG Austrian Copyright Law) without prejudice to additional financial loss (Section 87 (1) UrhG Austrian Copyright Law) is entitled to at least an amount equal to the appropriate remuneration (Section 86 UrhG Austrian Copyright Law).
5. Ownership of the film material and the image files, identification of archiving
5.1. Analog photography: Natasha Riha Photography is entitled to ownership of the exposed film material (negatives, slides, etc.). In return for an agreed and appropriate fee, this leaves the contracting party the property of the recordings required for the agreed use. 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 in accordance with point 3.6. made available.
5.2. Digital photography: Natasha Riha Photography 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 Natasha Riha Photography and the contractual partner.
5.3. Natasha Riha Photography is entitled to label the photographs and the digital image files in any manner it deems suitable (including on the front) with its manufacturer's name. 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 with every type of data transmission, so that Natasha Riha Photography as the author of the images can be clearly and unambiguously identified.
5.5. Natasha Riha Photography 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, Natasha Riha Photography is entitled to a work fee (fee) for its services in accordance with its current price lists.
6.2. On the one hand, Natasha Riha Photography is entitled to a recording fee, which is also due for layout or presentation recordings as well as 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, Natasha Riha Photography is entitled to a sales fee for the sale of photographs / films and a separate license fee (license fee) in the agreed amount for the granting of a usage permit exceeding § 42 UrhG (Austrian Copyright Law).
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" an do not include shipping costs. The amount of the shipping costs depends on the shipping destination. The currently applicable shipping costs and shipping times can be found at https: //www.natasharihaphotography/pages/shipping-info. As a small entrepreneur in accordance with Section 6, Paragraph 1, Item 27 of the UstG (Austrian VAT Law), no sales tax is charged. In the course of the execution of the order, changes to the order requested by the contractual partner are at his expense and will be charged separately.
6.5. We are not bound to adhere to the previous prices for follow-up orders.
6.6. No guarantee is given for the correctness of cost estimates.
7.1. Unless a payment term has been expressly agreed in writing, the fee is due for payment immediately upon ordering. 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. Natasha Riha Photography is entitled to request payment on account from the client before the start of the execution of the order and to submit partial invoices for orders for services that can be divided up.
7.3. Natasha Riha Photography 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 Natasha Riha Photography for all costs incurred for the appropriate collection of the claim, such as legal fees and costs of debt collection agencies, and any further damage, in particular the damage that arises as a result of Failure to pay correspondingly higher interest on any credit accounts incurred.
7.5. The contractual partner is only entitled to offset against his own claim against Natasha Riha Photography 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 if it concerns claims from the same contractual relationship.
8. Statutory right of withdrawal
8.1. According to § 11 FAGG (Austrian Long Distance Business Act), 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 cancellation policy.
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 of withdrawal if the contract performance begins prematurely, 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 assist in the fulfillment of the order if necessary and to support Natasha Riha Photography 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). Natasha Riha Photography guarantees the consent of authorized persons, in particular of models, only in the case of an express written consent for the contractual purposes (point 3.6.).
9.2. Indemnification and Indemnification: The contract partner undertakes to hold Natasha Riha Photography completely harmless from claims by third parties 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 contract partner Is claimed.
9.3. If Natasha Riha Photography is commissioned with the electronic processing of third-party photographs, the contractual partner assures that he has the necessary rights and releases Natasha Riha Photography from all third-party claims based on a breach of this obligation.
9.4. The contractual partner undertakes to pick up any objects to be taken immediately after they have been taken. If these objects are not picked up by Natasha Riha Photography after two working days at the latest, Natasha Riha Photography 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 provision of the service is delayed or made impossible by Natasha Riha Photography, the contractual partner is in default of acceptance. In this case, Natasha Riha Photography is entitled to withdraw from the contract or to insist on the fulfillment of the contract after setting a reasonable grace period of 14 days. Natasha Riha Photography 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 contract partner has to compensate Natasha Riha Photography 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 default in acceptance, he must also compensate Natasha Riha Photography 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 the 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. Retention of title
11.1. The goods remain the property of Natasha Riha Photography 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 contract partner is prohibited from pledging or assigning the reserved goods as security.
11.3. The contractual partner undertakes to notify Natasha Riha Photography before filing for bankruptcy proceedings so that the latter can take over goods delivered under retention of title and owned by him.
11.4. If the contractual partner is in default of payment in whole or in part, Natasha Riha Photography is entitled to request the return of the goods until they have been fully satisfied. Temporary claims are due immediately.
11.5. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless Natasha Riha Photography declares the withdrawal from the contract in writing.
12.1. A defect that triggers warranty claims on the part of the contractual partner is only present if Natasha Riha Photography 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 Natasha Riha Photography that are 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 the handover of the goods to the contractual partner. If Natasha Riha Photography 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 Section 933a ABGB (Austrian General Civil Code).
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 Natasha Riha Photography within 14 days at Natasha Riha Photography'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
Natasha Riha Photography 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.
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 Natasha Riha Photography.
15. Data protection
Natasha Riha Photography determines, stores and processes the personal data provided by the contractual partner (name, address) as well as the data related to the business relationship (such as order date, ordered or delivered products or services, number of items, 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. Natasha Riha Photography uses the personal data communicated by the contractual partner without the contractual partner's express consent exclusively for contract processing and answering inquiries, unless the contractual partner 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
Natasha Riha Photography is - unless there is an express written agreement to the contrary - entitled to use photographs produced by him to advertise his work. The contractual partner gives Natasha Riha Photography its express and irrevocable consent to publication for advertising purposes and waives the assertion of any claims, in particular from the right to one's own image according to § 78 UrhG (Austrian Copyright Law) and usage claims according to § 1041 ABGB (Austrian General Civil Code).
17. Applicable law, place of jurisdiction, contract language
17.1. For all disputes between Natasha Riha Photography and the contractual partner arising from the contractual relationship, including disputes about the formation and / or the validity of the contract, Austrian law shall apply to the exclusion of the UN Sales Convention and the reference norms of international private law. However, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the contractual partner has his habitual residence.
17.2. For all actions brought against a contractual partner Natasha Riha Photography 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 languages are exclusively German and English.