Conditions
General Terms and Conditions of Anne Benz Photography, www.annebenz.ch. My customers hereby undertake to read the following terms and conditions carefully and to take note of their meaning.
1. Scope
The terms and conditions listed here apply between Anne Benz - hereinafter also referred to as photographer and photo designer - and her customers as agreed, unless they are contradicted immediately after review. The photos/photo files titled here are the products manufactured by Anne Benz. For example, this could be in the form of a conventionally developed photograph, a file on CD/DVD/JPG, or photo books, etc.
2. Contracting Party
The purchase contract for a booked photo package is concluded with Anne Benz, Lutzertstrasse 3, 4132 Muttenz.
Tel. 078 836 1909 www.annebenz.ch.
The client undertakes to read the terms and conditions carefully and to take full note of them. If no objection is made before the start of the order, these are deemed to have been accepted.
3. Copyright
According to copyright law, the photo designer owns the copyright of her own photos. The photos/photo files produced by the photo designer are only intended for the private use of the customer. After payment has been made, Anne Benz can transfer the right to use her photos to others without any deductions, but this only includes use for private purposes. In the case of a publication in competitions (competitions in the photographic sense are excluded), the photo designer must be informed and the author must be stated: Anne Benz Photography, www.annebenz.ch. For any use of the photos for private purposes or publicly on the Internet, the photo designer must be named as follows: © Anne Benz Photography; www.annebenz.ch.
Violations entitle Anne Benz to compensation. Furthermore, further processing of the digital data by the customer or third parties is strictly prohibited!
4. Compensation and retention of title
For the product (shooting and subsequent processing), the customer incurs costs depending on the package booked. This is to be paid to Anne Benz as a fee. Any additional costs (travel expenses, prints, screens, various photo products) are to be borne by the customer if they are not included in the package offer. Once Anne Benz has started work on the respective order, the customer must pay the previously booked price in full; the photo designer is entitled to compensation. The agreed package price is payable by bank transfer or TWINT before the start of the shoot. Photo products are only sent to the customer after payment. Dunning fees after default may be incurred after a period of 30 days. Further costs are incurred after payment and receipt of the digitized photos if the customer expresses further image files and/or other processing requests that were not agreed before the photos were processed for the first time. The finished results (photo CD/DVD, JPG or other photo products) are sent at the expense and risk of the customer. The photo designer determines the provider and can be coordinated with the customer. The photo files remain the property of the photo designer until full payment has been made.
5. Liability
Anne Benz is only liable for herself and the fulfillment of the order in the case of intent and gross negligence. In the case of personal injury, the photo designer is only liable for errors that have occurred as a result of her culpable breach of duty. Photo and image files are carefully stored by the photo designer and are backed up regularly. The photographer keeps the processed files for a maximum
6 months and is entitled, but not obliged, to destroy it after this period. Anne Benz is only liable for the durability and light resistance of prints, exposed photos and other photo products for as long as the manufacturer of these goods stipulates in his guarantee.
6. Benefits and Vouchers
Image composition, artistic and technical design and processing are subject to the know-how of the photographer. This includes but is not limited to poses, props, and the number of pictures taken. The photographer is also responsible for the selection and number of pictures that are sent to the customers in the gallery. Due to the willingness of the models, it is not always possible to deliver all the desired images to the fullest expectations of the customer. With uncooperative children in a shoot, there is a chance that the photographer will not be able to produce any images at all. The client is responsible for all children at all sessions. The photographer will try to meet the customer's wishes in terms of poses and image composition, but will only do so within the scope of her possibilities and taking into account the safety of the model. The condition and temperament of the newborn/baby/child, facial expression etc. are beyond the photographer's control. Changes midway through or after the photo shoot may be subject to additional fees. The photographer retains the right to remuneration for work that has already begun. If the shooting time is fully used and no or only a part of the pictures were taken despite all efforts, the client is obliged to pay the full fee. Vouchers or credits must be redeemed within the regular period of 2 years from the date of issue, no cash payment will be made. After receipt of the photo files on CD/DVD, JPG, complaints must be reported to Anne Benz within 6 days, otherwise the order is considered accepted and completed. Complaints only apply in the event of a fault in the data medium or if the photo designer has violated previous written services (included in the booked package). The delivery date is usually no later than 20 days, provided that no illness, force of nature or other unforeseeable events impede further processing.
7. Privacy
The customer's personal data required for business transactions can be stored. The photographer undertakes to treat them confidentially.
8. Use of Photos
By agreeing to publication, the customers agree that Anne Benz may use the photos from the order for advertising purposes. This includes flyers, brochures and similar print media that serve to illustrate their work, as well as publication in web galleries (e.g. the website of the photo designer www.annebenz.ch). The use of the photo files by the customer is already described in point 3 "Copyright" and must be observed.
9. Default and Cancellation Fee
An agreed appointment between the customer and the photo designer must be observed in any case. If Anne Benz is unable to attend an appointment due to force majeure or illness, she will endeavor to find an alternative appointment, and the customer also waives any claims for damages against the photo designer. If the client is unable to keep the agreed appointment, this must be discussed with Anne Benz at an early stage. In the case of cancellations within 24 hours before the agreed date, cancellation or cancellation fees of 50% of the expected order value can be charged. Complaints about the artistic freedom of design defined by Anne Benz are excluded. The photographer cannot be held liable for technical failures of her optimally maintained equipment.
10. Miscellaneous
Should a regulation of these terms and conditions be incorrect or legally ineffective, this does not affect the legal force of the other points of the terms and conditions. A legally effective provision that comes as close as possible to the original shall take the place of the ineffective provision. The same applies in the event of a loophole.
Status: April 2023