General Terms and Conditions (GTC) for Iris Foto Switzerland
Scope of application
These general terms and conditions (GTC) apply to all orders, offers, deliveries and services carried out by Iris Foto Schweiz, in particular for Iris shoots and prints, which can also be purchased on account.
They are deemed to be agreed upon receipt of the order from Iris Foto Schweiz by the customer or upon receipt of the delivery or service by the customer.
As part of an ongoing business relationship, the GTC also apply to all future orders, offers, deliveries or services from Iris Foto Schweiz without express permission.
Services from Iris Foto Schweiz, rights and obligations of the customer:
Unless otherwise agreed between the parties, the design of the photographic work is at the discretion of Iris Foto Schweiz.
Iris Foto Schweiz is responsible for procuring the cameras and other equipment required to carry out the order.
The customer acknowledges that the image material supplied by Iris Foto Schweiz is copyrighted work within the meaning of the URG (Federal Copyright Law of October 9, 1992).
Design suggestions or concepts commissioned by the customer are independent services that are to be remunerated.
Analogue and digitally produced images, in particular RAW files, remain the property of Iris Foto Schweiz. The customer has no right of retention to the image material provided. The scope of an Iris shoot includes a small digital file measuring 720px x 1280px.
The customer must treat the image material provided to him with the utmost care. The customer may not change or edit the images. No so-called filters may be used on the images (e.g. Instagram filters).
Complaints concerning the content, quality or condition of the image material must be reported within 8 days of receipt by means of a complaint. Otherwise the image material is deemed to have been approved.
The customer is responsible for ensuring that the people, objects and locations required to carry out the order are available or accessible, especially for Iris shoots at the customer's location.
If the customer fails to meet this obligation or postpones a recording session less than 24 hours before the appointment, the entire amount of the shoot will be invoiced.
Iris Foto Schweiz may name the customer as a reference, namely in written or electronic form. For Iris shoots in the studio, the images are used as a reference if the customer gives their consent in the form of a signature.
Rights of use:
With the delivery and payment of the full resolution image, the customer acquires a license to use the photographic work within the agreed framework. This does not include any further licensing by the customer to third parties.
If the image is used in breach of the agreement, the customer is obliged to pay Iris Foto Schweiz a usage license in the amount of 150% of the recording fee, but at least 150% of the corresponding tariff of the SAB (Swiss Association of Photo Agencies and Archives).
Iris Foto Schweiz can use the image material for its own advertising and, unless otherwise agreed, license it to third parties.
Exclusive rights and blocking periods in favour of the customer must be agreed and paid for separately.
Changes to the image material through analogue or digital composing or assembly to produce a new copyrighted work are only permitted with the prior written consent of Iris Foto Schweiz.
The image material may not be copied, re-photographed or used as a motif in the image.
When using the work, the customer must ensure that the name is given appropriately, as far as is customary.
If Iris Foto Schweiz uses the image material for its own purposes or if it is licensed to third parties, Iris Foto Schweiz ensures that no third-party rights are violated by depicting people, objects or places.
Fee:
The fee agreed between the parties is plus VAT (if Iris Foto Schweiz is subject to VAT) and is payable within 10 days of invoicing. For Iris shoots, the shooting amount is due when the appointment is fixed.
Costs and expenses required to carry out the order, such as fees for travel costs, expenses, etc. are not included in the fee and are borne by the customer.
For digital productions, image processing (this applies to processing of the "clashes") is invoiced separately, or, if requested, billed directly at the shoot.
The fee (according to section 23) must be paid in full even if the commissioned and delivered image material is not used.
If the invoice is not paid on time Reminder fees of CHF 20.- are due. This is repeated if further reminders are sent.
The shoot takes place in the respective studio and the appointment can be booked online. The experience must be paid for directly on site.
Ordering and payment:
Vouchers can only be ordered online via the Iris Foto Schweiz website or directly in one of the studios.
After the order, an invoice is created which must be paid within 10 days of the invoice being issued.
Redemption of vouchers:
The vouchers can only be redeemed for Iris shoots at Iris Foto Schweiz and are valid for one year from the date of issue.
The voucher must be presented when booking the appointment or at the latest on site in the studio.
Cancellation and cancellation fees:
Vouchers can be cancelled within 14 days of the order.
A fee of CHF 50 is charged for each cancellation of a voucher.
After the 14-day cancellation period has expired, the voucher can no longer be returned.
Liability:
Iris Foto Schweiz is not liable for the loss, theft or unauthorized use of vouchers.
The voucher is transferable, but cash payment of the voucher value is excluded.
Final provisions:
By ordering a voucher, the customer accepts these terms and conditions in full.
Changes or additions to these terms and conditions must be made in writing and with the express consent of Iris Foto Schweiz.
Place of jurisdiction and applicable law 31. The exclusive place of jurisdiction and place of performance is the place of residence or business of Iris Foto Schweiz, even for deliveries abroad. Swiss substantive law applies to this contractual relationship. Mandatory places of jurisdiction remain reserved.
Severability clause:
Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected.