The following sales and delivery terms apply to all tasks performed by photographer Claus Birch, ClausBirchDK (the photographer) for any customer, paying as well as non-paying (Customer).
Photography in general:
- The customer’s stay in the studio or at the location takes place on their own responsibility and the photographer cannot be held responsible for any accidents or damage that may occur to the customer or any items belonging to the customer.
- When photographing children, it is the responsibility of parents / guardians at all times to protect the children from possible accidents / injuries.
- The photographer cannot be held responsible for technical failure of equipment, including data loss. If the agreed task cannot be fulfilled, the photographer or customer can choose to cancel the order. No compensation, coverage of operating losses or consequential expenses will be paid.
- The photographer cannot be held liable for damages that he accidentally caused.
- The photographer can at any time cancel an agreement, due to illness, delays, technical conditions or other situations. This allows the customer to cancel the agreement, but not to compensation in any form.
- The photographer is not obliged to hand over all images. Which images are handed out to the customer is the photographer’s own decision.
- Editing the images and the overall look will ultimately always be the photographer’s decision. The photographer will listen to suggestions and ideas from the customer, but in the end it will be the photographer’s decision.
- The photographer protects his image archive in the best possible way and cannot be held responsible for loss of images or data due to theft, hacker attacks, hard drive errors or similar incidents,.
- All photos taken by the photographer are protected by copyright law. This means that the photographer has all the rights to the pictures and they must not be resold without the photographer’s written permission.
For photography at events etc, also applies:
- The customer is obliged to notify the photographer of any significant changes to the agreed program in a timely manner prior to the event. The photographer cannot, in case of missing information, be held responsible for any delays or not arriving.
- The photographer cannot be held responsible for not covering all parts of an event (including individuals or objects), in case of circumstances beyond the control of the photographer (force major). This includes, but is not limited to, not receiving correct address or information, delays caused by the customer or customer’s guests, the weather, restrictions on locations, traffic conditions, blockages, accidents and theft.
- The photographer cannot be held responsible for backgrounds and lighting conditions that impair the quality of the ordered work or make the task impossible.
- It is, unless otherwise clearly agreed in writing, the customer’s responsibility to collect permissions to photograph at the desired locations, if required. Please note, that at many public buildings, such as railway stations, metro stations, shopping centers etc. photography is prohibited unless written permission has been provided.
- In case the photographer cannot meet and complete the task as agreed due to an injury, illness, accident etc. which is outside the photographer’s control, the photographer will do everything to find a replacement. If a replacement cannot be found, compensation will not be pay, but any prepayment will of course be refunded.
- In the event that all digital files are lost, stolen or destroyed, the full amount will be refunded. In the event that part of the images is lost, a percentage loss will be calculated and this proportion will be deducted from the original price. No further compensation will be paid.
- When ordering images by e-mail, it is considered to be binding once it is confirmed by e-mail. When downloading digital photos from online photo archives, the order is considered binding once payment is made.
- Delivery takes place at the prices stated in the online photo archive or at ClausBirchDK at the time of order. All prices are in Danish kroner.
- Confirmed orders for printed images cannot be canceled as the individual photos are produced specifically according to the customer’s wishes and specifications.
- Digital image orders cannot be canceled because the image after download cannot be returned from the customer.
- Printed images
An item is defective if it does not meet the technical standard for digital photo development. The customer must immediately make such apparent defects upon delivery and no later than two weeks after receipt. Obvious defects cannot be claimed later. Non-evident defects must be enforced immediately after the finding within the statutory warranty period. In the case of justified complaints, ClausBirchDK is initially entitled to make replacement deliveries. If this is not possible, the customer can request the order to be canceled. ClausBirchDK disclaims any liability for consequential damages due to faults or defects.
- Digital images
An item is defective if errors occur in connection with download, so that the picture does not appear as presented in the online photo archive. The customer must immediately make such apparent defects upon delivery and no later than two weeks after receipt. Obvious defects cannot be claimed later. Non-evident defects must be enforced immediately after the finding within the statutory warranty period. In the case of justified complaints, ClausBirchDK is initially entitled to make replacement deliveries. If this is not possible, the customer can request the order to be canceled. ClausBirchDK disclaims any liability for consequential damages due to faults or defects.
- All agreements
The entire liability for any breach of an agreement or any representation, act or omission (including negligence) shall be limited to the fee in relation to the agreement and ClausBirchDK shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that images are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged.
This agreement is governed by Danish law.
Roskilde, August 1, 2016