General Terms and Conditions of Chaluk

1.1 The following GTC shall apply to all orders received by Chaluk. They shall be deemed to have been agreed if they are not objected to immediately.

1.2 Photographs within the meaning of these GTC are all products produced by Chaluk, regardless of the technical form or medium in which they were created or exist (paper images, still videos, electronic image files in digitalized form, videos, etc.).

1.3 These GTC shall be deemed to have been accepted in full by placing an order with Chaluk. The customer shall waive its own contractual conditions. Such shall only become binding if they are expressly confirmed in writing by Chaluk. Subsidiary agreements shall only be effective if they have been expressly confirmed.

1.4 The customer undertakes to read the GTC carefully and to take full note of them.

2.1 Chaluk shall be entitled to the copyright to the photographs in accordance with copyright law.

2.2 The photographs produced by Chaluk are generally only intended for the customer’s own use. In this respect, Chaluk shall differentiate between private customers and entrepreneurs. The customer is a private customer if the use of the photograph is not for commercial or professional activities. The customer is an entrepreneur if he/she acts in the exercise of his/her commercial or professional activity when concluding the contract. This is independent of the legal form. The commercial use permit can be purchased for each photograph.

2.3 If Chaluk transfers rights of use to the photographs, only the simple right of use shall be transferred in each case – unless expressly agreed otherwise. Any transfer of rights of use shall require a special agreement.

2.4 The rights of use shall only be transferred to Chaluk once the fee has been paid in full.

2.5 The customer within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 UrhG is expressly waived.

2.6 Unless otherwise agreed, Chaluk may demand to be named as the author of the photograph when utilizing the photographs. Any violation of the right to be named shall entitle Chaluk to claim damages.

2.7 The following conditions shall apply to business customers: Chaluk or the photographer shall assign to the customer the unrestricted right to use the photographs subject to the condition precedent of payment of the agreed fee. The rights of use shall not be transferred until the fee has been paid in full.

3.1 A fee shall be charged for the production of the photographs as an hourly rate, daily rate or as an agreed flat rate plus the applicable VAT. Additional costs such as travel costs, model fees, expenses, props, material costs etc. shall be borne by the customer.

3.2 Invoices shall be due immediately upon provision of the service. The pictures shall remain Chaluk’s property until the invoice has been paid in full. A handover can only be requested once the agreed fee has been paid in full. In the case of special requests, a down payment of 50% of the order value shall be due 4 weeks before the order date.

3.3 Invoices are payable within 7 days without deduction. The customer shall be in default if he fails to pay due invoices no later than 21 days after receipt of an invoice or equivalent request for payment. The invoice or equivalent request for payment shall be deemed to have been received 3 days after posting, whereby the customer shall retain the right to prove that the invoice or equivalent request for payment was received later.

3.4 By placing the order, the customer expressly acknowledges Chaluk’s image concept and design. If the customer wishes to make changes during or after the commissioned production, he shall bear the additional costs. Chaluk shall retain the right to remuneration for work already commenced.

4.1 Chaluk shall only be liable for itself and its vicarious agents for the breach of obligations which are not directly related to essential contractual obligations in the event of intent and gross negligence. Chaluk shall also be liable for damages resulting from injury to life, body or health as well as from the breach of essential contractual obligations which it or its vicarious agents have caused through culpable breaches of duty. Unless otherwise agreed, Chaluk shall only be liable for damage to photographic objects, templates, films, displays or layouts, negatives or data in the event of intent and gross negligence. The obligation to provide compensation in the event of the loss of photographs, including data, shall be limited to the provision of new film or data storage material. Further claims are expressly excluded.

4.2 Chaluk shall not store the image data. Chaluk shall be entitled, but not obliged, to destroy the image data immediately. At the express request of the customer, image data shall be deleted immediately and not stored, e.g. for quality control purposes.

4.3 In the event of technical defects in camera equipment, hard disks and other storage media and in the event of the failure of camera and/or lighting technology, defects in vehicle technology on the way to the order location, Chaluk shall only be liable in the event of intent or gross negligence. The amount of liability shall be limited to the agreed fee. Chaluk shall only guarantee the consistency of the quality of the images within the scope of the guarantee of the manufacturer of the materials (photo paper, printer, printer cartridge, etc.).

4.4 The sending and return of data carriers, films, images and templates shall be at the customer’s risk. The customer may determine how or by whom the return shipment is to be made.

4.5 Customer warrants that it is authorized to commission Chaluk to process an image electronically. Chaluk shall not be liable for third-party claims based on the breach of this obligation.

5.1 The customer shall ensure that it has the right to reproduce and distribute all templates provided to Chaluk and that it has the consent of the persons depicted for publication, reproduction and distribution in the case of portraits. In the case of persons under the age of 18, the customer shall ensure that a declaration of consent from the parents is available. Claims for compensation by third parties based on the breach of these obligations shall be borne by the customer. The customer shall indemnify Chaluk against any third-party claims.

5.2 The customer undertakes to make the recording objects available in good time and to collect them again immediately after the recording. If the customer does not collect the recording objects within 3 working days of being requested to do so, Chaluk shall be entitled to charge storage costs or, if its studio rooms are blocked, to remove the objects from storage at the customer’s expense. Transportation and storage costs shall be borne by the customer.

6.1 If Chaluk provides the customer with several photographs for selection, the customer shall return the photographs not selected within one week of receipt – unless a longer period has been agreed – at its own expense and risk. Chaluk shall be entitled to demand payment for lost or damaged photographs, provided it is not responsible for the loss or damage.

6.2 If the pictures are not returned to Chaluk within the 7-day period, the shipment shall be deemed to have been accepted and shall therefore be invoiced in full. If the time scheduled for the execution of the order is exceeded by more than 15% for reasons for which Chaluk is not responsible, Chaluk’s fee shall be increased accordingly if a flat rate has been agreed. If a time-based fee has been agreed, Chaluk shall also receive the agreed hourly and daily rate for the waiting time. In the event of intent or negligence on the part of the customer, Chaluk shall be entitled to assert claims for damages.

6.3 Delivery dates for photographs shall only be binding if they have been expressly confirmed by Chaluk. Chaluk shall only be liable for exceeding deadlines in the event of intent and gross negligence.

6.4 In the case of a fixed appointment booking (e.g. via the website), the basic fee shall be charged as a deposit. If the customer cancels the booking of Chaluk’s photographer, the following shall be charged:

6.5 Chaluk’s guarantee: If the customer is dissatisfied with the resulting pictures immediately after the photo shoot, there is no obligation to accept them. Chaluk reserves the right to repeat the shoot. If the pictures are not satisfactory either, any basic fee already paid will be refunded.

6.6 If the customer has decided on images and products after the photo shoot, these shall be deemed to have been expressly accepted. Upon payment, the photographs shall be deemed to have been expressly and bindingly accepted. A later return is excluded.

6.7 Vouchers and discount campaigns cannot be combined with each other. Only 1 voucher or 1 discount promotion can be used per appointment. An exception to this is the use of vouchers, as these are regarded as a means of payment.

6.8 We hereby expressly point out that there may be deviations in the color and pattern of the iris during the processing of iris photos. If the customer has decided on images and products after the iris shoot, these shall be deemed to have been expressly accepted. A later return is excluded.

7.1 The customer’s personal data required for business transactions may be stored. Chaluk undertakes to treat all information of which it becomes aware within the scope of the order as confidential.

7.2 Only the data provided by the customer is recorded. No merging with other data records takes place.

7.3 Chaluk shall provide information free of charge and delete the customer’s data upon request.

7.4 Personal data shall never be disclosed to third parties, with the exception of disclosure to Chaluk’s service partners for the purpose of order fulfillment. The data transmitted shall always be limited to the minimum necessary for the contract.

7.5 The Chaluk website does not store any permanent cookies. Only session cookies are stored, which are deleted after leaving the website.

7.6 All access to the Chaluk website is logged for the purpose of compiling usage statistics. These logs are completely anonymous and do not allow any conclusions to be drawn about individual persons or orders. The recorded data includes Browser type/version, operating system used, referrer URL (origin URL), IP address of the accessing computer, time of the server request, HTML pages visited, images and other media files transferred, transfer volume, protocol type, access status.

8.1 If the customer is a private consumer, he is entitled to the statutory right of revocation.
Appointment bookings in the photo studio are excluded from the right of revocation in accordance with § 312 g Para. 2 No. 9 BGB; as are individualized products (e.g. canvases, photo books, T-shirts, mugs, etc.).

8.2 The withdrawal period is 14 days and can be exercised in writing(office@chaluk.com) with a clear declaration.

8.3 Photographs and products purchased in the Studio cannot be returned (see 6.6).

9.1 Vouchers purchased online can be canceled within 14 days.

9.2 Vouchers purchased in the studio cannot be canceled.

9.3 In the event of loss or theft of the voucher, the value of the voucher will not be refunded, credited or reissued

9.4 Chaluk vouchers have a general limitation period of 3 years in accordance with § 195 BGB.

9.5 Vouchers and discount campaigns cannot be combined with each other. Only 1 voucher or 1 discount promotion can be used per appointment. An exception to this is the use of vouchers, as these are regarded as a means of payment.

10.1 The place of performance and jurisdiction shall be Chaluk’s registered office in Vienna.

10.2 Chaluk reserves the right to supplement or amend the GTC.

10.3 By placing an order, the customer accepts these GTC.

Status: March 09, 2023