Terms & Conditions

These terms describe the framework for BANHALMI photographic services. The website, calculator and enquiry forms provide information and do not create a contract. A binding engagement arises only after the scope, price, usage rights and date have been confirmed in writing.

Provider and scope

These terms apply to photographic and related creative services supplied by Bánhalmi Norbert e.U. Mandatory consumer-protection rights remain unaffected.

Enquiries, offers and contract formation

Website enquiries and calculator results are non-binding. Offers remain non-binding unless they expressly state a validity period. A contract is formed only through written acceptance or a separate signed agreement.

Scope, cooperation and client responsibilities

The written offer defines the assignment, location, timetable, participants, deliverables, retouching, usage, travel and production requirements. The client must provide accurate information, timely access, permissions and authorised contacts. Delays or additional work caused by missing information or changed instructions may be quoted separately.

Fees, VAT and payment

Fees, expenses, applicable VAT, deposit and payment deadlines are stated in the individual offer. Unless agreed otherwise, rights of use become effective only after full payment. Statutory default consequences remain applicable.

Scheduling, cancellation and force majeure

Rescheduling and cancellation conditions are agreed per assignment. Where no specific rule has been agreed, documented external costs and work already performed remain payable. Neither party is liable for delay caused by events outside reasonable control; both parties must cooperate to find a proportionate alternative.

Selection, delivery and archiving

Selection method, file format, delivery channel and estimated delivery date are agreed in writing. RAW files and rejected working files are not included unless expressly agreed. Long-term archiving is not guaranteed; clients should securely store delivered files.

Copyright and usage rights

Copyright remains with the photographer unless mandatory law provides otherwise. Only the expressly agreed, non-transferable scope of use is granted. Additional media, territory, duration, paid advertising, sublicensing or transfer to third parties requires written approval. Moral rights, credits and restrictions stated in the offer must be respected.

Portraits, portfolio publication and sensitive work

Publication by BANHALMI is not automatic. Identifiable portraits, minors, private events, fine-art nude or intimate work are used for portfolio, exhibition, press or social media only where a valid agreement or other lawful basis exists. Separate releases may be required from depicted persons, guardians, locations or rights holders.

Consumer right of withdrawal

Where a consumer concludes a distance or off-premises service contract and mandatory withdrawal law applies, the consumer receives the legally required information and model withdrawal form before conclusion. Performance before the end of the withdrawal period starts only on an express request where required. Any loss of the withdrawal right occurs only under the statutory conditions. This website alone does not conclude a paid contract.

Defects and complaints

Please report objective delivery defects without undue delay and provide enough detail to assess them. Mandatory warranty rights remain unaffected. Artistic style, composition and selection consistent with the disclosed portfolio are not technical defects.

Liability

Liability is governed by mandatory law. Any contractual limitation applies only to the extent legally permitted and never excludes liability that cannot lawfully be excluded, including intentional conduct, personal injury or mandatory consumer claims.

Applicable law and jurisdiction

Austrian law applies to the extent permitted. Mandatory protections and jurisdiction rules of a consumer’s habitual residence remain unaffected. No clause restricts the right to contact a competent authority or consumer-redress body.

Data protection and communications

Personal data is processed as described in the Privacy Notice. Project communications may be stored as contractual evidence. Marketing communication is sent only where a valid legal basis exists.

Severability and precedence

The individual written offer and project agreement take precedence over these general terms. If a provision is invalid, the remaining provisions remain effective to the extent permitted by law.