General Terms and Conditions of

Oc Söll Fotograf

click@ocsoell.art / www.ocsoell.art

 

1. GENERAL

The General Terms and Conditions (hereinafter referred to as GTC) apply to all offers, contracts, orders and services provided by Oc Söll Fotograf.

By placing an order, using a service or reserving an appointment, the GTC are deemed to have been read and accepted.

Offers made by Oc Söll Fotograf are valid for 30 days.

 

1.1. PRODUCTION ORDER

Oc Söll Fotograf will carry out the order carefully. Oc Söll Fotograf can have this partly carried out by third parties (labs, printers, etc.). Unless the client provides written instructions, Oc Söll Fotograf is free to choose how to carry out the order.

1.2. SELECTION/DELIVERY OF THE PHOTOS/DEADLINES

During a photo shoot, Oc Söll Fotograf first selects all the images to be submitted to the client for approval. This is usually 80% of the shooting images. After that, the client can decide for themselves which images it should be. These will be made available to the customer within 14 working days for selection as an online gallery. After the customer has selected the images, Oc Söll Fotograf will optimise them and make them available for download within 30 working days. For photo shoots up to 8 hours, the photos will be delivered within 6 weeks, and for photo shoots up to 12 hours, the photos will be delivered within 8 weeks. These deadlines will be extended for additional hours and in the event of absence/holidays on the part of Oc Söll Fotograf.

Raw files will not be provided to the customer. If this is desired, it must be agreed in writing before the order.

 

1.3. MEALS/BREAKS

For half-day or full-day bookings of 5 hours or more (especially for events), the Oc Söll photographer is to be provided with meals and drinks and granted appropriate breaks.
 

2. BOOKING/REGISTRATION

A booking is considered to be binding upon written confirmation of a proposed appointment. In addition, a written contract may be concluded for large-scale orders.

 

3. CANCELLATION/NO-SHOW/APPOINTMENT POSTPONEMENT

 

3.1 PROJECTS

If an order is not fulfilled after the definitive confirmation of the appointment by Oc Söll Fotograf by email, due to cancellation/postponement by the client, the following fee will be due:

• After confirmation of the appointment (click@ocsoell.art): 20% of the booked offer

• Up to 9 months before the appointment: 40% of the booked offer (if an advance has been paid, it will be retained)

• Up to 3 months before the appointment: 50% of the booked offer

• Up to 30 days before the appointment: 80% of the booked offer

• From 14 days before the appointment and no cancellation: 100% of the booked offer

 

3.2 PHOTO SHOOTING / OTHER PHOTO ORDERS

CANCELLING AN APPOINTMENT:

• After the appointment confirmation (click@ocsoell.art) up to 10 days before the appointment: free of charge

• After that: 50% of the booked shoot / offer up to 24 hours before the photo shoot

  • (make-up artists or other booked services that have to be cancelled at short notice may add this amount)

• Cancellations 24 hours before the photo shoot, no-shows or failure to turn up on the day of the shoot: 100% of the booked shoot/offer

  • (Make-up artists or other booked services that have to be cancelled at short notice may add to this amount)

• The shooting time starts at the time specified in the confirmation email. Any delays will be deducted from your shooting time.

Cancellations must be made by phone or in writing (click@ocsoell.art).

The above-mentioned compensation also applies in the event of illness.

The cancellation costs will be invoiced.

Postponement of appointment / Postponement fee:

If the appointment is postponed up to 48 hours before the start of the appointment (new date), you will be charged a one-time postponement fee of CHF 100. (Make-up artists or other booked services that have to be cancelled at short notice may add to this amount).

Postponements made less than 48 hours before the appointment (new appointment) CHF 150 (60-90 minute appointment) CHF 200 (photo shoot of 2 hours or more) (Make-up artists or other booked services that have to be cancelled at short notice may add this amount)

The costs cover the reasonable loss of revenue for the blocked appointment, which cannot be rescheduled at such short notice.

The above-mentioned compensation also applies in the event of illness.

Postponements must be made by telephone or in writing (click@ocsoell.art).

The postponement fees will be charged by invoice.

 

4. FORCE MAJEURE

If Oc Söll photographer is unable to carry out the assignment due to force majeure (or, for example, accident, illness, death in the family and other serious reasons), Oc Söll photographer waives the right to demand the agreed costs.

Oc Söll photographer cannot be legally prosecuted and no compensation can be claimed. Of course, Oc Söll will endeavour to hire a replacement photographer who works on his own account with his services.

If it is not possible for Oc Söll Fotograf to deliver the photos in the agreed time due to force majeure (or, for example, accident, illness, death in the family and other serious reasons), Oc Söll Fotograf cannot be legally prosecuted and there is no claim for reimbursement of costs.
 

4.1 PROJECTS

Oc Söll Fotograf will endeavour (if requested by the customer) to find a replacement photographer who provides his own services on his own account.

No liability is accepted for additional costs incurred as a result of booking third parties (photographers, photo designers, etc.).

The bridal couple waives the right to further claims for damages or to pass on any additional costs to Oc Söll Fotograf.

Any advance payment made in advance or orders already paid for will be refunded to the bridal couple within 30 days.

 

4.2 PHOTO SHOOTING / OTHER PHOTO ORDERS

• An alternative date is to be agreed at the customer's request.

• The client waives the right to claim further damages or to pass on any additional costs to Oc Söll Fotograf.
   

5. PRICES / TERMS OF PAYMENT

All offers on the Oc Söll Fotograf website are non-binding. Oc Söll Fotograf expressly reserves the right to change prices with immediate effect.

The prices of the services are in Swiss francs (CHF). Oc Söll Fotograf is not subject to VAT.

• Payment is made after the photo assignment / photo shoot. The photos will only be delivered when full payment for the order has been received.

• For projects, the customer pays a deposit in advance. The total amount must be received by Oc Söll Fotograf no later than 7 days after the shoot. The photos will only be delivered after full payment of the order.

• Costs and expenses necessary for the execution of the order, such as: costs for booked models; travel costs such as taxi to places that are difficult to reach or the nearest train station, parking tickets, expenses (for example hotel or accommodation costs), additional props, as well as other job-related costs incurred on site that are not included in the fee, are to be paid by the client and are to be paid within 30 days.

• The fee is to be paid in full even if the commissioned and delivered image material is not used.

• For larger orders/reorders with a value of over CHF 500, an advance payment may be requested.

• Postal or courier shipments will only be released once the amount has been paid in full. The same applies to preview galleries that go online.

The client shall be deemed to be in default if he/she fails to settle due amounts/invoices no later than 30 days after receipt of the invoice (click@ocsoell.art) or equivalent request for payment.

After a reminder (justified after the 30th day), the client shall be deemed to be in default.

The client shall bear any reminder fees incurred in the amount of CHF 50.00 (for the first reminder)

and CHF 90.00 for the second (= last) reminder. In addition, default interest will be charged.

Reminder fees and costs incurred by engaging a collection agency, a lawyer and the court shall be borne by the client.
 

6. VOUCHERS / SPECIAL OFFERS

Vouchers issued by Oc Söll Fotograf are valid for one year from the date of issue. After one year, the current price for the booked shoot on the Oc Söll Fotograf website applies. Any difference in price will be charged to the client. The vouchers are non-refundable.
 

7. TFP SHOOTINGS

In the case of TFP (Time for Pictures) shootings, which are made free of charge for both parties and the photo model is provided with the photos as remuneration, there is no right to claim that the photo shoot be carried out.

Oc Söll Fotograf can cancel a TFP shoot for time-related or important, order-related reasons and cannot be legally prosecuted for doing so.
 

8. ARTISTIC CREATIVE FREEDOM OF THE PHOTOGRAPHER

The client is advised that photos and photographic works/reworkings are always subject to the artistic creative freedom of the photographer. Complaints and/or notices of defects regarding the artistic creative freedom exercised by the photographer are therefore excluded. Subsequent requests for changes require a separate agreement and are to be remunerated separately.

 

9. COMPLAINTS / SECURE THE PHOTO FILES

The client is obliged to check the products and services provided by Oc Söll Fotograf for completeness and correctness immediately upon receipt.

Any damage or complaints regarding the content, quality or condition of the image material / goods must be reported in writing within 7 days of receipt.

Otherwise, the image material / goods shall be deemed approved.

Defective CDs/DVDs/USB storage devices will be exchanged within one month upon return of the defective storage device.

(After receiving the photos, the client is solely responsible for the proper storage and backup of the files. It is recommended to back up the photos on at least one other data carrier. Oc Söll Fotograf stores the submitted photos for 1 year after the photo shoot. During this time, data carriers and individual photos can be reordered.)

 

10. IMAGE RIGHTS

For photographs that photographer Oc Söll takes of a person / object, the copyrights remain with the photographer.

The client does not purchase the copyright when they purchase the images. Unless otherwise agreed in writing, the client only receives the right of use for private use (your own Facebook page, applications, comp cards, family, friends ...). There, the photos may be published with mention of the photographer. For commercial clients, for the agreed single purpose.

The client is responsible for the correct labelling of the image material in publications.

The name of the photographer is to be named as follows in every reproduction:

‘Oc Söll Fotograf’ or www.ocsoell.art

If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned, a surcharge of 100% of the usage fee shall be payable as compensation.

Changes to the image material through analogue or digital composing or mounting to produce a new copyrighted work are only permitted with the prior written consent of Oc Söll Fotograf. The image material may not be copied, photographed or used as a motif in the image.

In the event of any unauthorised use, utilisation, alteration, reproduction or disclosure of the image material (without the consent of Oc Söll Fotograf), a contractual penalty amounting to three times the usage fee shall be payable for each individual case, subject to further claims for damages.

 

11. REFERENCES

With the corresponding written additional agreement, Oc Söll Fotografy, as the author, receives the right to use individual images free of charge for advertising purposes (e.g. website,

business cards, price lists, flyers, competitions, advertisements, websites, Facebook, comp cards, etc.).

The type of presentation (watermark, frame, editing, etc.) is at the discretion of Oc Söll Fotograf.

Oc Söll Fotograf has the right, in particular in publications (internet, print media), at exhibitions, in advertising, in discussions and presentations with potential clients, to refer to the collaboration with the customer and to the photographic work created for him.

 

12. DATA PROTECTION / DATA SECURITY

Oc Söll Fotograf is committed to publishing photographs only with the consent of the depicted person. At events / projects, the client / the bridal couple has to obtain the consent of the persons present and is solely liable for this. Address data of customers are used exclusively for the processing of the photo order. Under no circumstances will personal data such as address or email address be passed on to third parties.
 

13. CONCLUDING PROVISIONS

The contracts concluded with Oc Söll Fotograf are subject to Swiss law. All changes and additions concerning these terms and conditions must be made in writing. Oc Söll Fotograf reserves the right to change or supplement the terms and conditions at any time.

The place of jurisdiction is the registered office of Oc Söll Fotograf.

These terms and conditions are valid from 1 January 2025.

All previous terms and conditions are no longer valid.