Terms and conditions

These terms are intended to achieve a fair balance of interests between the photographer and the client.

Definitions

Photographic work. The term “photographic work” denotes the result of work performed by the photographer for the client in accordance with the agreement reached between the parties.

Photographer. The “photographer” is the person commissioned to perform the photographic work. In these terms the word refers to Janet Brantschen.

Client. The “client” is the person who orders the photographic work from the photographer.

Parties. The “parties” are the photographer and the client.

Copy of the photographic work. Any reproduction of the photographic work in analogue or digital form on a (data) carrier — in particular on paper, slide, CD-ROM or hard disk — or online, in particular on computer networks and websites, counts as a “copy of the photographic work” or a “copy”.

Scope

These general terms and conditions apply to all commissioned work, offers, deliveries and services performed by the photographer. They apply at every stage of the work.

For orders of pre-configured wall art and calendars of any kind placed by the client through the photographer's online shop directly with the photo labs Saal Digital, Pictr or Printolino, the terms of the respective photo lab apply.

These terms are deemed agreed and accepted once the client receives and accepts the photographer's quote, or receives the photographer's delivery or service.

Unless otherwise agreed between the parties, the design of the photographic work is at the photographer's discretion.

The photographer is responsible for providing the cameras and other equipment required to carry out the commission.

The client acknowledges that the image material supplied by the photographer constitutes work protected under the Swiss Copyright Act (URG of 9 October 1992).

Digitally produced images, in particular RAW files, remain the property of the photographer. The client has no right of retention over the image material.

Ordering, delivery, cancellation, complaints, warranty

Orders for finished photo products such as cards and calendars are handled in the online shop with payment in advance and sent directly to the client.

Custom work is offered by the photographer by quote and, once accepted and paid for by the client, passed on to the print shop.

The fee agreed between the parties is owed and payable in advance.

Once payment is received the order is placed with the print shop. The client receives the finished product directly from the print shop.

Cancelling an order after it has been placed with the print shop is excluded, because the photo products are made to the client's wishes and specifications and produced for their personal needs.

Complaints about custom orders concerning the quality or condition of the image material must be notified to the photographer within 6 days of receipt, otherwise the image material is deemed approved.

Colour differences between the finished product, edited on a colour-calibrated monitor, and image files displayed differently on other screens cannot be avoided technically and are therefore not considered a defect.

The photographer gives no warranty as to condition or durability.

The cost of a return is borne by the client.

Damage in transit must be reported by the client directly to the postal or courier service.

Usage rights

On delivery and payment for the work, the client acquires a licence to use the photographic work within the agreed scope. Sub-licensing by the client to third parties is not included.

In the event of use contrary to the agreement, the client is obliged to pay the photographer a usage licence amounting to 150% of the shooting fee, but at least 150% of the corresponding SAB tariff (Swiss association of picture agencies and archives).

The photographer may use the image material for self-promotion and, subject to other agreement, licence it to third parties.

Exclusive rights and embargo periods in the client's favour must be agreed and remunerated separately.

Alterations to the image material through analogue or digital compositing or montage to create a new copyright-protected work are permitted only with the photographer's prior written consent.

The image material may not be traced, re-staged photographically, or used as a motif within another image.

Where the work is used publicly, the client must provide a proper credit as is customary.

The photographer has the right at any time — in particular in publications (internet, print), at exhibitions and in conversations with potential clients — to refer to the collaboration with the client and to the photographic work created for them.

Liability

The photographer is liable only for intentional acts and gross negligence. This also applies to notices of defect.

Place of jurisdiction and applicable law

Swiss law applies exclusively to contracts between the client and the photographer.

The exclusive place of jurisdiction is the photographer's registered place of business, including for deliveries abroad.

Belalp, 1 September 2024