Terms and Conditions (Online Shop)

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Julian Artner
Postwegsiedlung 30c
5202 Neumarkt am Wallersee
Austria
office@julian-artner.com
www.julian-artner.com

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§ 1 Scope of Application

The following Terms and Conditions apply to all goods ordered by the customer via www.julian-artner.com. Conflicting terms and conditions of the customer shall not be recognized unless their validity has been expressly agreed upon between the parties.

The contractual partner is:
Julian Artner

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§ 2 Conclusion of Contract

The product descriptions contained in Julian Artner’s online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.

By placing an order via clicking the button “order with obligation to pay” at the end of the ordering process, the consumer submits a binding offer to conclude a purchase contract. The contract is only concluded upon the seller sending an order confirmation via email.

Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller can be delivered.

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§ 3 Prices and Payment Terms

The prices stated in the offer at the time of the order apply. Prices are stated as gross prices.

Shipping costs are not included in the displayed price and may be charged additionally.

Payment is made via third-party providers such as PayPal and Wix Payments and is due before delivery of the goods.

Consumers have the following payment options:

• PayPal

• Wix Payments

• Visa

• Mastercard

• Amex

• China UnionPay

• JCB

• Diners

• Cartes Bancaires

• Discover

• Electron

• Maestro

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§ 4 Delivery and Shipping Conditions

Unless otherwise specified in the product description, shipping will take place within 7 working days. This period begins upon receipt of payment.

Delivery of goods shall be made to the delivery address specified by the customer unless otherwise agreed. The delivery address specified during the seller’s order processing is decisive.

For physical products (e.g., photo products), the provider Printful is responsible for order fulfillment, and Printful’s shipping conditions apply. Julian Artner is not liable for delays caused by Printful.

Printful processing usually takes between 2–7 days.

Shipping times by Printful vary depending on the region and range between 2 and 25 working days:

• Austria: 4–7 working days

• Germany: 4–7 working days

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§ 5 Retention of Title

The seller retains ownership of the goods until full payment has been received.

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§ 6 Right of Withdrawal

You have the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party designated by you (who is not the carrier) takes possession of the goods, or—in the case of partial deliveries—the last item.

To exercise your right of withdrawal, you must inform us of your decision by means of a clear declaration (e.g., by letter, fax, or email).

To meet the withdrawal deadline, it is sufficient to send the notification before the withdrawal period expires.

Withdrawal requests must be sent to:

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Julian Artner
Postwegsiedlung 30c
5202 Neumarkt am Wallersee
Austria

Tel.: +43 676 3143163
Email: office@julian-artner.com

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§ 7 Consequences of Withdrawal

In the event of a valid withdrawal, we will refund all payments received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the cheapest standard delivery offered), without undue delay and no later than 14 days from the day we receive your withdrawal notice.

We may withhold the refund until we have received the goods back.

Refunds will be made using the same payment method used for the original transaction. No fees will be charged.

You must return the goods without delay and no later than 14 days after informing us of your withdrawal. The deadline is met if the goods are sent before the 14-day period expires.

You bear the cost of returning the goods.

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§ 6 Warranty (Liability for Defects)

If the product is defective, statutory warranty provisions apply.

Customers are requested to report obvious transport damage to the carrier upon delivery and inform the seller. Failure to do so does not affect statutory or contractual warranty claims.

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§ 7 Data Protection

If personal data is provided to Julian Artner within contractual relationships, he is entitled to store and process such data for contract execution and marketing purposes of Julian Artner Photography. The customer expressly agrees to this.

Julian Artner undertakes not to pass this data on to third parties without consent.

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§ 8 Applicable Law, Severability, Jurisdiction

Austrian law shall apply to all disputes arising from the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.

This choice of law applies only insofar as it does not deprive the consumer of mandatory protections of their country of residence.

For claims against a consumer residing or working in Austria, the competent court is the one in whose district the consumer resides or works.

If individual provisions are invalid, the remaining provisions remain unaffected.

The contract language is exclusively German.

These Terms apply as of 11 November 2020.

General Terms and Conditions for Entrepreneurs

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I. Applicability

These Terms apply when the contractual partner is an entrepreneur within the meaning of § 1 KSchG.

The photographer provides services exclusively based on these Terms. By placing an order, the client accepts them.

Offers are non-binding.

All references to photographs or works include all content produced by Julian Artner.

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II. Copyright Provisions

All copyrights belong to the photographer.

Usage rights are only granted by explicit agreement and are:

• non-exclusive

• non-transferable

• limited to agreed purpose

Any modification requires written consent.

Usage rights only apply after full payment and proper crediting.

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III. Ownership of Material

The photographer retains ownership of digital image files.

Transfer of files requires explicit agreement and usually applies only to a selection.

Reproduction or distribution requires separate agreement.

Archiving is voluntary for 1 year without liability.

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IV. Attribution

The photographer may mark images with attribution.

The client must ensure proper attribution remains intact.

V. Ancillary Obligations

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The client must obtain necessary third-party rights and releases.

The client indemnifies the photographer against claims.

Objects used must be collected promptly; otherwise storage costs apply.

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VI. Loss and Damage

Liability is limited to intent and gross negligence.

Compensation is limited to material costs and possible re-shoots.

No liability for indirect damages, lost profits, or third-party costs.

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VII. Early Termination

The photographer may terminate the contract for important reasons (e.g., insolvency, non-payment, delays caused by the client).

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VIII. Performance and Warranty

The photographer may use third parties.

Creative decisions remain at the photographer’s discretion.

Minor deviations are not defects.

Complaint deadlines: 8 days after delivery.

Warranty period: 3 months.

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IX. Fees

Fees are based on price lists or reasonable compensation.

Additional costs (travel, models, materials) are charged separately.

Changes requested by the client are at their expense.

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X. License Fee

Separate license fees apply unless otherwise agreed.

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XI. Payment

50% advance payment unless otherwise agreed.

Remaining balance due upon completion.

Late payments incur interest.

Ownership transfers only after full payment.

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XII. Data Protection

Personal data is processed for contract fulfillment and marketing.

Clients have rights to:

• access

• correction

• deletion

• restriction

• objection

• data portability

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XIII. Use of Images for Promotion

The photographer may use images for self-promotion unless agreed otherwise.

The client gives irrevocable consent.

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XIV. Final Provisions

Place of jurisdiction is the photographer’s business location.

Austrian law applies.

These Terms also apply to video productions.

These Terms apply as of 07 August 2020.