The 10 points of the General Terms and Conditions are intended to achieve a fair balance of interests between the photographer and the client. The general terms and conditions of uniquainable were last updated on 08.02.2024.
  1. Scope of Application
    1. These General Terms and Conditions (GTC) shall apply to all orders, offers, deliveries and services provided to the Photographer. They shall also apply without further reference to other similar contracts.
    2. They shall be deemed agreed upon acceptance of the photographer’s offer by the customer or upon acceptance of the photographer’s delivery or service by the customer.
    3. The GTC shall also apply to ongoing business relationships without express authorisation for all future orders, offers, deliveries and services of the photographer.
  2. Services of the Photographer
    1. In the case of commissioned productions, the Photographer shall create photographs for the Client. Contracts for commissioned productions are concluded by the photographer’s offer and acceptance by the client.
    2. The photographer shall select the agreed number of photographs at his own discretion, carry out a general image optimisation and provide them to the client via data transfer (e.g. online gallery with download function). Delivery dates are only binding if they have been expressly agreed.
    3. Further additional services of the photographer such as image processing, storage, image gallery or printing shall be agreed individually.
    4. If the Client has not given the Photographer any express instructions regarding the design of the photographs, complaints regarding the image conception and the artistic and technical design shall be excluded.
    5. Upon payment of the agreed remuneration, the photographer shall grant the client the exclusive and unrestricted rights of use and exploitation of the photographs, including the editing rights, unless otherwise agreed.
    6. The Photographer shall have the right of personal use and the right to be named, unless these have been excluded.
  3. Copyright / Rights of use
    1. The photographs on this website are published with the authorisation of the persons depicted. All photographs are protected by copyright and may only be used or reproduced with the photographer’s consent.
    2. The photographs supplied by the Photographer are copyright-protected works within the meaning of the Swiss Copyright Act (URG).
    3. The client only acquires the rights of use to the images for private use. The right to reproduce and pass on to third parties is granted for private purposes.
    4. Commercial use and commercial and/or public, non-private reproduction is not permitted. Property rights are not transferred. The rights of use shall only be transferred to the customer once the fee has been paid in full.
  4. Fee
    1. The first meeting by telephone or video for an order is free of charge.
    2. The agreed fee shall apply. If no fee has been agreed, the amount of the fee for the service provided shall be determined according to the current price list on the Homeapge.
    3. The fee agreed between the parties shall be subject to VAT (if the Photographer is liable for VAT) and payable within 20 days of invoicing.
    4. If the photographer’s journey to and from the location exceeds the previously agreed scope or if nothing to this effect has been agreed or confirmed in writing, the following travelling expenses shall be charged: CHF 0.80 per km driven, CHF 50.00 per hour of travel time.
    5. In the case of extensive productions, in particular with large financial advance payments by the photographer, the photographer shall be entitled to a payment on account of at least one third of the production costs.
    6. Costs and expenses required to fulfil the order, such as fees for assistants and models as well as equipment hire, costs for studio hire, shooting locations, props, travel costs, expenses, etc. are not included in the fee and shall be borne by the client.
    7. In the case of digital productions, image processing (RAW conversions, colour and tonal value adjustments, image selection, retouching, etc.) shall be invoiced separately.
    8. A flat-rate camera fee is charged for digital productions. This is not identical to the costs for image processing and is calculated according to the size and scope of the equipment used.
    9. The fee shall be paid in full even if the image material ordered and supplied is not used.
  5. Value added tax
    1. The tax UID from Uniquainable GmbH is CHE-297.899.392 . 8.1% tax will be added to products of this shop. 
  6. Postponements and cancellations
    1. Delays of more than 30 minutes without a telephone or written notification are deemed to be a no-show and will be invoiced. The shooting time shall commence at the time previously confirmed in writing or verbally by the photographer.
    2. Cancellation or postponement of agreed shooting dates must be made in writing. For cancellations / postponements within 1 week before the appointment, 50% of the agreed fee must be paid. For cancellations / postponements within 24 hours before the appointment, the entire fee is due.
  7. Retention of title
    1. Analogue and digitally produced images remain the property of the photographer (JPG and especially RAW files).
  8. Liabilities
    1. The Client warrants that the persons photographed have given their consent.
    2. The Photographer shall only be liable for wilful and grossly negligent behaviour. This also applies to liability for defects.
    3. The limitation of liability shall also apply to the behaviour of the photographer’s employees and assistants.
    4. The photographer cannot be held liable if he is unable to attend a shooting due to force majeure (accident, serious illness, etc.).
    5. In the event of claims against the photographer by third parties who have given the customer their consent to the use of the photographic material, the customer shall assume claims for damages and legal costs in the event of a dispute.
    6. The photographic material may not be used in a way that distorts the meaning. The client is also responsible for the correct labelling of the image material. The client must notify any defects in writing within six working days of the delivery date of the work, otherwise the photographic work shall be deemed approved and no further claims can be asserted.
  9. Place of jurisdiction and applicable law
    1. The exclusive place of jurisdiction and place of fulfilment is the photographer’s place of residence or place of business, including for deliveries abroad.
      All contractual relationships (including the GTC) between the customer and the photographer are subject to Swiss law. Mandatory places of jurisdiction remain reserved.
  10. Contact information
    1. Name and address of the controller
      Uniquinable GmbH,
      Gallusäckerstrasse 35
      9402 Mörschwil / Switzerland
    2. Responsible person:
      Anke Fürer