Owner: Marc-Antonio Manuguerra, Katharina Manuguerra
VAT number: ATU70975037
Commercial register number: 451061a
Place of jurisdiction: Vienna
Bank details: Erste Bank / Sparkasse
IBAN: AT15 2011 1828 5164 7600
Joseph-Lister-Gasse 5, 1130 Vienna
Firmiangasse 23, 1130 Vienna
Terms and Conditions
1. The following terms and conditions apply to all orders placed with the photographer.
They are considered agreed if they are not contradicted immediately.
2. "Photographs" within the meaning of these terms and conditions are all products manufactured by the photographer, regardless of the form or medium in which they were created or are available (jpg, as a file, specialist prints ...)
1. The copyright of the photographs always lies with the photographer
2. The photographs produced by the photographer are basically only intended for the client's own private use, unless otherwise agreed in writing.
3. The rights of use are only transferred to the photographer after the fee has been paid in full.
4. When using the photographs in online and print media (for private use), the photographer must be named as the author of the photograph! A violation of the right to be named entitles the photographer to compensation.
5. The raw data remain with the photographer. A release of the raw data to the client does NOT take place. The photographer does NOT undertake to keep the raw data after submitting the processed photos, but keeps a copy of the processed photos as a backup. This is not mandatory for more than 3 years.
3. Remuneration, retention of title
1. A fee is charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate. Unless otherwise agreed, additional costs such as travel costs, expenses, props, studio rent, etc. are to be borne by the client.
2. The costs of the shoot are to be paid before or after the photos are submitted!
3. Longer-term appointments require an advance payment of 140 euros to keep the appointment free. These will be retained if the contract is not concluded for which the customer is responsible.
4. Due invoices are to be paid immediately and without deduction. The client is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to cause the default by issuing a reminder after the due date at an earlier point in time.
5. The delivered photographs remain property and in the hands of the photographer until the purchase price has been paid in full.
1. The photographer is only liable for himself and his vicarious agents in the event of intent and gross negligence for the breach of obligations that are not directly related to essential contractual obligations. He is also liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breach of duty. The photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of willful intent and gross negligence.
2. The photographer keeps the data carefully. He is entitled, but not obliged, to destroy the data he has stored three years after the end of the contract.
3. The photographer is only liable for the light resistance and durability of the photos within the scope of the guarantee of the manufacturer of the photo material.
4. The sending and returning of files, images and templates is at the expense and risk of the client.
5. Failure to perform, cancellation fee
1. After processing, the photographer provides the client with a password-protected online gallery for 14 days in which the client can choose the images of his choice. 14 days after the gallery has been placed online, it will automatically be switched offline if by then (14th day after online switching) the photographer has not selected the photos and paid the photographer in full. By switching the gallery online again after 14 days (at the request of the client), a fee of 25 euros will be charged. This online connection is valid for a further 2 weeks.
2. After the selection has been made (also for the files that the client wants to have worked out), the remaining payment must be made. The photographer undertakes to work out the order as quickly as possible after receipt of payment and to send the photographs to the client.
3. If the time allotted for the execution of the shoot is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly, provided a flat rate was agreed. If a time fee has been agreed, the photographer will receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage. In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
The safety of your personal data is important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003).
Link to the current version of the WKO: https://www.wko.at/service/wirtschaftsrecht-gewerberecht/eu-dsgvo-bildverarbeitung.html
7. Digital photography
1. The digitization, storage and reproduction of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the photographer.
2. The transfer of usage rights does not include the right to save and reproduce if this right has not been expressly transferred.
8. Image editing
1. The client knows the photographic and image design style of the photographer and is aware that his photographs are processed in a similar style.
2. Subsequent processing of photographs by the photographer and their reproduction and distribution, including re-coloring in black and white or sepia, subsequent color processing and the creation of collages is NOT permitted, unless a separate agreement has been made.
3. The client is obliged to publish photographs of the photographer on the Internet exclusively in the Internet-friendly version of the photographer (folder with the reduced and watermarked images!).
4. The client is obliged to make this electronic link in such a way that the photographer as the author of the images can be clearly and unambiguously identified!
5. The client affirms that he is entitled to commission the photographer to process third-party photographs electronically if he issues such an order. He releases the photographer from all claims by third parties based on the violation of this obligation.
9. Use and Distribution
1. The duplication and distribution of adaptations that the photographer has made electronically require the prior written consent of the photographer.
2. The photographer is not obliged to hand over data carriers, files and data to the client if this is not part of the offer or package.
3. If the photographer has made data carriers, files and data available to the client, these may only be changed with the prior consent of the photographer.
4. The risk and costs of the transport of data carriers, files and data online and offline lie with the client; The client can determine the method of transmission.
10. Delivery times and complaints
1. The photographer usually delivers his work within 4 working weeks. There may be delays due to peak times. These operational delays, as well as delays due to force majeure, operational disruptions, delays on the part of the laboratory or its transport company, etc. do not constitute grounds for complaint.
2. All work is carried out by me with the greatest possible care and to the best of my ability or passed on to other companies. Complaints regarding obvious defects must be made in writing within 8 days. However, recognition is only possible if the thesis in question is submitted. When re-ordering, there may be color differences compared to the original or the original images. This does not justify a complaint.
3. If digitally acquired photographs are developed or printed on their own responsibility by the client, I cannot accept any liability for the quality of the results. Color-correct prints can be purchased through me.
11. Final provisions
The place of performance for all obligations arising from the contractual relationship is Vienna.
12. Severability Clause
As far as conditions of the general terms and conditions listed above are or become wholly or partly ineffective, the remaining conditions continue to be effective.
The ineffective condition is replaced by the statutory regulation.
1. Shooting times are between 9.30 am and 2 pm on weekdays. A late arrival by the client cannot be taken into account and cannot be extended beyond this time frame.
2. It is not permitted to take photos (camera, mobile phone) or film during the shooting, unless otherwise agreed with the photographer.
3. It is prohibited to make copies (screenshots) of all images on the photographer's homepage!
3. The photographs may be used by the photographer for advertising purposes by written agreement: Publication on the homepage, Facebook, Instagram, also for prints and reproductions, exhibition at trade fairs, etc.