General data protection declaration
By using our website, you consent to the collection, processing and use of data as described below. Our website can generally be visited without registration. In doing so, data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.
Privacy policy for cookies
Our website uses cookies. These are small text files that make it possible to save specific, user-related information on the user's device while he is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page usage, but also to make our offer more customer-friendly. Cookies remain stored after the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your internet browser so that it refuses to accept cookies.
Data protection declaration for Google Analytics
Our website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in at http://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics uses cookies. These are small text files that make it possible to save specific, user-related information on the user's device. These enable an analysis of the use of our website by Google. The information collected by the cookie about the use of our website (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that on this website, Google Analytics has been expanded to include the code "gat._anonymizeIp ();" in order to ensure an anonymous collection of IP addresses (so-called IP masking). If anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions about your identity are possible. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us on this and to provide us with other related services to provide. You can find out more at http://www.google.com/intl/de/analytics/privacyoverview.html.
Data protection declaration for Google AdSense
Our website uses Google AdSense, a service for integrating advertisements from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. GoogleAdSense uses so-called "cookies", text files which are saved on your computer and which enable an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages. The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats are transmitted to a Google server in the USA and stored there. This information can be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored about you. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of the data collected about you by Google in the manner described above and for the purpose stated above.
Data protection declaration for Google +1
Our website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In doing so, data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our page. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.
Imprint
Contact address
Thomas Barth
Embergrain 29
3612 Steffisburg
Switzerland
E-mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.
UID Nummer: CHE-139.652.220
Disclaimer of liability
The author assumes no liability for the correctness, accuracy, timeliness, reliability and completeness of the information.
Liability claims against the author for material or immaterial damage resulting from access to, use or non-use of the published information, from misuse of the connection or from technical malfunctions are excluded.
All offers are non-binding. The author expressly reserves the right to change, add to, or delete parts of the pages or the entire offer without prior notice, or to temporarily or permanently cease publication.
Disclaimer for links
References and links to third party websites are outside our area of responsibility. It rejected any responsibility for such websites. Access to and use of such websites is at the user's own risk.
Copyrights
The copyright and all other rights to content, images, photos or other files on this website belong exclusively to Thomas Barth or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.
general terms and conditions photography
I. Preamble
The general terms and conditions aim to achieve a fair balance of interests between “swiss-promotions.ch Thomas Barth Photography” (swiss-promotions.ch Thomas Barth) and you as the person placing the order.
II. Definition
Photographic work: The term "photographic work" denotes the result of work carried out by the photographer for the customer in accordance with the agreement made between the parties.
Photographer: The photographer is responsible for the performance of the photographic work.
Customer: The customer is the person who orders the photographic work from the photographer.
Parties: The parties are the photographer and the customer.
Copy of the photographic work / copy: Every reproduction of the photographic work in analog or digital form on a data carrier, in particular on paper, USB stick, computer hard drive, is considered a copy of the photographic work or as a copy.
III. Appointment
By sending an order and / or making an appointment by e-mail, via the contact form or by telephone, the customer submits a binding order / a binding date for the service specified in the message. This represents the acceptance of the contract offer by the provider, provided that the provider does not provide a reason for non-performance of the service. The date for photo shoots defined by email or telephone is binding and can only be postponed or canceled by the provider.
IV. Shooting contract
Before the shoot, a contract must be signed that regulates the interests and rights of both parties. The contract must be signed and presented to the photographer at least before the appointment. If the contract does not exist, the shooting will not take place and 25% of the shooting amount will be billed.
V. Performance of the photographic work
1. Subject to the customer's written specifications, the design of the photographic work is entirely left to the discretion of the photographer. In particular, he is entitled to the sole decision about the technical and artistic design means such as lighting and image composition.
2. When carrying out the photographic work, the photographer can use auxiliary persons of his choice.
3. The cameras and materials as well as the other devices that are necessary for the photographic work are provided by the photographer.
4. Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and people required for photographic work are available in good time.
5.If the customer postpones a recording session to a later date or does not meet his obligations, the photographer is entitled to compensation:
a. Cancellations due to personal reasons will be invoiced up to 48 hours before the appointment with 50% of the shooting amount. Cancellations on the day of the shoot will be invoiced at 75% of the shoot amount.
b. Cancellations due to reasons for which you are not responsible will be invoiced up to 48 hours before the appointment with 25% of the shooting amount. Cancellations on the day of the shoot will be invoiced at 50% of the shooting amount.
c. If the date is postponed due to unfavorable weather conditions, the above regulation does not come into force.
VI. Payment and dunning fees
1. Payment is made after the finished photos have been submitted. For this purpose, the customer is issued an invoice as a PDF (if requested by post with a payment slip). Another payment method can be chosen after consultation with the photographer.
2. The fee agreed between the parties must be paid within 30 days of the invoice being issued.
3. If the customer does not report to the photo selection within 2 months after the shoot, the photographer is entitled to charge the customer 50% of the shooting amount and the travel costs. The rest of the shooting amount is due after the selected and finished photos have been submitted.
4. If an invoice is not paid after the payment period has expired, additional reminder fees will apply. The reminder fees are made up as follows:
a 1st reminder: CHF 5.–
b 2nd reminder: CHF 10.–
c 3rd reminder: CHF 15.–
5. If the invoice has not been paid after the 3rd reminder, a debt enforcement will take place.
VII. Delays by the customer
In the event of delays for which the photographer is not responsible, these will be invoiced from 20 minutes (based on the hourly rate).
VIII. Liability of the photographer
The photographer assumes no liability for props or objects. In the event of loss or damage, the photographer is released from any liability.
The photographer assumes no liability for personal injury or property damage. The customer is recommended to take out liability and accident insurance for himself. The limitation of liability also applies to the behavior of auxiliary persons.
The customer and owner of the animal are liable for accidents and damage. The photographer is only liable for willful and grossly negligent behavior.
IX. Use of photographic work by the customer
The customer may only use the photographic work for the purpose agreed with the photographer. Any use contrary to the agreement obliges the customer to pay the photographer compensation in the amount of 150% of the fee owed according to the SAB tariff (Swiss Association of Image Agencies and Archives).
Only the customer is entitled to make use of the photographic work within the framework of the agreement made with the photographer. The customer is not entitled to grant third parties the right to use the photographic work without mutual written agreement.
The provisions of the Federal Act of 9 October 1992 on Copyright and Related Property Rights (URG) are reserved.
X. Use of the photographic work by the photographer
The photographer reserves the right to publish the photographic work in which no person is shown in any form and on any medium (especially on the Internet), to make it accessible to third parties, to grant third parties an exclusive or non-exclusive license to use the photographic work or To hand over copies of the photographic work to third parties.
XI. credentials
The photographer has the right, in particular in publications (internet, printed matter), at exhibitions and in discussions with potential customers, to refer to the collaboration with the customer and to the photographic work created for him.
XII. Animal health
If, in the opinion of the photographer, the animal is sick or injured, he may cancel the shoot. This also applies to violence or abuse of the animal. If one of these cases occurs, the travel fees and 25% of the shooting amount will be invoiced.
XIII. Applicable Law and Jurisdiction
Only substantive Swiss law is applicable to contracts between the customer and the photographer.
The photographer's place of business is the exclusive place of jurisdiction.
