This is an English translation for your convenience. Only the German version of these Terms and Conditions (Allgemeine Geschäftsbedingungen) is legally binding. In the event of any discrepancy between the two versions, the German version shall prevail.
1.1. These General Terms and Conditions (GTC) apply to contracts for photoshoots, image editing services and the purchase of vouchers concluded with Agnes Tovari and/or Jozsef Vas (Virtual Vision e.U.), each acting as an independent sole trader, under the joint brand Woodland Stories. The respective contracting party depends on the specific service agreed and will be communicated to the customer before the contract is concluded. In these GTC, “we” refers to the respective contracting party.
1.2. The respective contracting parties provide their services on the basis of these GTC. Deviating agreements may be made individually and take precedence over these GTC. The customer’s own terms and conditions only become part of the contract if their validity has been expressly agreed to. Mandatory statutory rights of consumers remain unaffected.
1.3. Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected, provided the contract can continue without the invalid provision. The relevant statutory provisions shall apply in place of the invalid provision.
2.1. Unless expressly designated as binding, our offers are subject to change and non-binding. This also applies to information in price lists, brochures or on our website.
2.2. An enquiry for a photoshoot can be sent to us via the enquiry form on our website.
2.3. Depending on how soon the requested photoshoot date is, we reserve the right to ask the customer for an express declaration that they agree to the performance of the contract beginning before the withdrawal period has expired and confirm their knowledge that they will lose their right of withdrawal once the contract has been fully performed (see section 3.2. a)). Without such a declaration, we will offer the customer a different photoshoot date.
2.4. To conclude the contract, we send the customer, in writing, by email or by other electronic means, a binding offer for a photoshoot with a specific scope of services (in line with the packages listed on our website), on a specific date, at a specific price (fee) and with a specific deposit on this price. The customer can accept this offer only within three calendar days of receipt, and only by transferring the deposit stated in the offer to the bank account provided within this period.
2.5. The contract is only concluded once the deposit has been received in our bank account within the period stated in section 2.4. (value date). If this period expires without payment, we are no longer bound by the offer.
2.6. Online shop and vouchers: Vouchers can be purchased via the Woodland Stories online shop. The presentation of vouchers in the online shop does not yet constitute a binding offer, but an invitation to place an order. By completing the ordering process, the customer submits a binding offer to purchase the selected voucher. The contract is concluded upon successful confirmation of payment. The voucher is then automatically made available for download as a PDF file or sent electronically.
3.1. If the customer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), they may withdraw from the contract within 14 calendar days of the conclusion of the contract (section 2.5.) without giving reasons. The declaration of withdrawal is not subject to any particular form. The customer may use the model withdrawal form in the annex to these GTC. The deadline is met if the declaration of withdrawal is sent to us within the period.
3.2. The right of withdrawal under section 3.1. does not apply to a contract
a) for a service, if we begin the service before the end of the withdrawal period with the customer’s express consent and after the customer has confirmed their knowledge that they will lose their right of withdrawal, and we perform the service in full;
b) for the supply of digital content not supplied on a tangible medium (e.g. retouched photos delivered digitally), if we begin the supply before the end of the withdrawal period with the customer’s express consent and after the customer has confirmed their knowledge that they will lose their right of withdrawal;
c) for goods made to the customer’s specifications or clearly personalised (e.g. individual image selection and retouching, individual photo albums).
3.3. If the customer withdraws under section 3.1., we will refund the deposit paid within 14 calendar days of receiving the declaration of withdrawal. If we have already begun performing the service with the customer’s express consent, the customer owes reasonable compensation for the services provided up to the withdrawal (e.g. preparation and organisation, reserved studio time, image selection or retouching work already carried out). The refund will be made less this compensation.
3.4. Withdrawal from a voucher purchase: If the customer is a consumer, they may withdraw from the purchase of a voucher in the online shop within 14 calendar days of the conclusion of the contract (section 2.6.) without giving reasons. We will refund the purchase price within 14 calendar days of receiving the declaration of withdrawal, using the original means of payment. If the voucher is redeemed for a photoshoot within this period, sections 3.1. to 3.3. apply to the contract for that photoshoot.
3.5. Irrespective of the right of withdrawal under section 3.1., the customer – even if they are not a consumer – may withdraw from the contract under the following conditions:
a) If we receive the declaration of withdrawal no later than the 10th working day before the agreed photoshoot date, the deposit paid will be retained as a cancellation fee.
b) If we receive the declaration of withdrawal later, the customer must pay, within 14 calendar days of the agreed photoshoot date, a cancellation fee amounting to the agreed fee less the expenses we have saved (in particular for image editing, retouching and the production of physical products such as photo albums). The deposit paid will be credited towards this.
In each case, the date on which we receive the declaration of withdrawal is decisive. The declaration of withdrawal is not subject to any particular form.
3.6. We are entitled to withdraw from the contract if the customer does not make a payment due from them on time – in particular the full agreed fee. In this case, the customer owes a cancellation fee in accordance with section 3.5.; payments already made will be credited towards it.
4.1. If the customer does not pay the agreed fee in full (less the deposit) at the photoshoot itself, they are obliged to transfer the fee or the remaining balance to the bank account provided no later than three working days after the photoshoot. Until payment has been made in full, the images will be made available neither for selection in the online gallery nor for download (see section 6.4.).
4.2. Changes to the assignment made at the customer’s request during its performance are at the customer’s expense. Above-average organisational effort or time spent on consultations is not included in the agreed fee. Material and additional costs (e.g. special props, products, external services such as make-up artists or models) are borne separately by the customer, even if we procure them.
4.3. All prices are stated in euros. Under the small business exemption pursuant to § 6 (1) no. 27 of the Austrian VAT Act 1994 (UStG), no VAT is charged.
4.4. Online payments: Vouchers in the online shop are paid for using the payment methods offered there. We process card payments and other online payments via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The chosen means of payment is charged immediately after successful authorisation. We do not store complete card or payment details; these are processed exclusively by the payment service provider.
4.5. We are entitled to issue and send invoices in electronic form, in particular by email, as an email attachment, web download, PDF or text file, or as a scanned paper invoice.
4.6. If the customer is a business, set-off of their own claims against our claims is excluded. If the customer is a consumer, they may only set off claims in the event of our insolvency or with counterclaims that are legally connected with their liability, have been established by a court or have been acknowledged by us. The assignment of warranty claims to third parties is excluded.
4.7. If the customer is a business, a right of retention against our claims (e.g. on account of alleged defects) is excluded. Statutory rights of retention of consumers remain unaffected. Mere dissatisfaction with the image selection or the image style does not constitute a defect (see section 9.1.).
4.8. In the event of late payment, a customer who is a consumer owes default interest of 5% per annum. A customer who is a business owes default interest of eight percentage points above the base rate, but at least 8% per annum; the base rate applicable on the first calendar day of each half-year is decisive for that half-year.
5.1. Vouchers can be purchased via the Woodland Stories online shop. Conclusion of the contract and delivery are governed by section 2.6.
5.2. Vouchers are valid indefinitely.
5.3. Vouchers are transferable unless expressly agreed otherwise.
5.4. On redemption, the voucher value is credited against the prices valid at the time of redemption. If the value of a monetary voucher exceeds the price of the service booked, the remaining amount is retained as credit.
5.5. Cash payment of the voucher value is excluded. This does not affect the right of withdrawal under section 3.4. and section 5.9.
5.6. Redemption requires booking an appointment in good time. Dates are allocated subject to availability.
5.7. For vouchers for newborn photoshoots, we recommend contacting us around the estimated due date, as typical newborn photos are taken in the first days of life.
5.8. We may ask for the order number to clearly identify the voucher.
5.9. Should we permanently cease our business, we will refund the value of unredeemed vouchers on request.
6.1. We reserve the right to have individual work steps (e.g. laboratory services) carried out by third parties. Section 9.1. applies to the creative design of the photoshoot.
6.2. We also use AI-assisted tools to edit and design the images. Which data are transferred to which providers is described in our privacy policy (section 11.). If the customer does not want this, they must let us know before the photoshoot date. We will then edit the images without these tools as far as possible; the editing time and the result may change as a consequence.
6.3. For the “Digitale Weihnachtswelten” (Digital Christmas Worlds) package, the digital design of the background using AI-assisted tools is an essential part of the service. The package cannot be provided without these tools. The background worlds are designed by us and are also used for other customers.
6.4. Within 10 working days of full payment of the fee (section 4.1.), we make the images taken during the photoshoot available to the customer in a password-protected online gallery for a maximum of three months. Once the customer has selected the desired images there in the number agreed in the contract and has approved their selection, we deliver the selected images, retouched and digitally edited, in high resolution and without a watermark, within a further 10 working days. Delivery takes place by sending the customer a download link by email.
6.5. The download link is valid for 30 calendar days from the date the email is sent. After that, it is deactivated and downloading is no longer possible. We recommend backing up the images in several places after downloading them, for example on an external hard drive and additionally in a cloud.
6.6. There is no entitlement to delivery of all images taken. We deliver only the selection approved by the customer in the number agreed in the contract. Raw files (RAW) are not handed over.
6.7. If the agreed scope of services also includes images in physical or printed form (e.g. a photo album), the following also applies:
a) Together with the download link (section 6.4.), the customer receives by email a digital draft of the product to be produced to their specifications (e.g. the design of the photo album) for review.
b) The customer may request changes to the draft and provide further specifications by email. In this case, they will receive an adjusted draft within 7 working days.
c) We are not obliged to check the customer’s instructions for correctness, suitability or appropriateness (e.g. spelling mistakes, choice of colour or material).
d) As soon as the customer has approved the draft for production by email, we commission the external print laboratory we use to produce it.
e) The customer must give final approval of the draft no later than six months after the download link has been sent. After that, the image files will be deleted (section 8.), and the risk that the agreed scope of services can no longer be provided in full passes to the customer, without any entitlement to a refund of the fee already paid.
f) Upon approval, the design of the product (material, colour, content, size, layout, etc.) is bindingly determined; changes are no longer possible after that.
g) The print laboratory delivers the goods directly to the customer. For this purpose, we transmit the necessary customer data (name, address) to the print laboratory.
h) The delivery time depends on the production and delivery time of the print laboratory, over which we have no influence.
7.1. Subject to full payment of the fee, upon sending the download link (section 6.4.) we grant the customer a simple, non-transferable licence of use (Werknutzungsbewilligung) to use the delivered images for private, non-commercial purposes (including social media). This licence is unrestricted in terms of time, place and content, but is neither exclusive nor transferable. Use for advertising or other commercial or business purposes is permitted only with our prior express written consent.
7.2. In all other respects, the copyright and all rights of exploitation and related rights in the photographs and the delivered images remain with us.
7.3. We publish images of the customer (e.g. on our website, on social media, in our portfolio or in printed materials) only with their prior express written consent, and in the case of images of children with the consent of the persons with parental responsibility. Consent may be withdrawn at any time. From the time of withdrawal, we will no longer use the images and will remove them from our own channels; advertising materials that have already been printed do not have to be recalled.
7.4. Alterations or edits to the images by the customer (e.g. filters, retouching, AI editing, heavy cropping) are permitted only with our prior express written consent. This does not apply to technically necessary adjustments for the respective medium (e.g. moderate cropping for social media).
8.1. We keep the photographs, images and image files created in the course of the assignment until six months after the download link has been sent (section 6.4.). After that, they are permanently deleted.
8.2. If the customer makes no selection, or does not approve it, within the term of the online gallery, we delete the photographs six months after the gallery term has expired.
8.3. Images published with express consent (section 7.3.) are exempt from deletion.
8.4. After deletion, there is no entitlement to subsequent delivery.
9.1. Unless specifications have been agreed in writing or by email, we are free in the creative design of the photoshoot (e.g. image style, location, technical execution, image editing) and of the physical or printed products. Deviations from previous work do not constitute a defect.
9.2. We accept no liability for errors attributable to inaccurate or incorrect instructions from the customer (§ 1168a of the Austrian Civil Code, ABGB). Otherwise, if the customer is a consumer, we are liable for damage other than personal injury only in the case of gross negligence or intent; if the customer is a business, we are liable for damage of any kind only in the case of intent.
9.3. In the event of loss of or damage to photographs, images and image files, the following applies:
a) After the storage period has expired (section 8.), we accept no liability for loss or damage.
b) Otherwise, we are liable in accordance with section 9.2. For services provided by third parties (e.g. external laboratories, printers), we are only liable for fault in selecting them.
c) In this case, we will primarily offer the customer to repeat the photoshoot, if and to the extent that this is necessary and possible to fulfil the contract. If the customer is a business, our liability is limited to this; in particular, we are not liable for travel and accommodation costs, fees of third parties (e.g. models, assistants, make-up artists), loss of profit, consequential damage or non-material damage. If the customer is a consumer, further claims in the case of intent or gross negligence remain unaffected.
9.4. The customer and the people accompanying them bring items (clothing, shoes, accessories, valuables, etc.) into our premises at their own risk. We are only liable for these in the case of intent or gross negligence. Items brought along must be taken away again after the photoshoot. We keep items left behind for a maximum of 14 calendar days; after that, we may dispose of them.
9.5. We are not liable for damage arising from the fact that we are unable to attend a photoshoot due to exceptional personal circumstances (e.g. sudden illness, accident, death in our immediate family). In such a case, we will try to arrange a substitute photographer; there is no entitlement to this. If no substitute can be arranged and no reasonable alternative date is possible, we will refund all payments already made in full.
10.1. Customer conduct: The customer undertakes to behave considerately and cooperatively throughout the photoshoot, to follow the photographer’s instructions in the interest of a smooth process, and to ensure that this also applies to the people accompanying them, their children and any other persons within their sphere of influence.
10.2. Duty of supervision: We are not liable for injuries, accidents, personal injury or damage to property or other incidents occurring during or in connection with the photoshoot as a result of improper conduct by the customer, the people accompanying them, their children or other persons within their sphere of influence. The duty to supervise children lies exclusively with the customer. Our liability for our own fault under section 9.2. remains unaffected.
10.3. Customer liability: The customer is liable for all damage to our props, furnishings or premises caused by them, the people accompanying them, their children or other persons within their sphere of influence. They shall indemnify and hold us harmless against any third-party claims attributable to such conduct.
We process the customer’s personal data, including image data, to perform the contract and to fulfil legal obligations. The controllers are Agnes Tovari and Jozsef Vas jointly (Art. 26 GDPR), Hütteldorfer Straße 259/31, 1140 Vienna, Austria, email: office@woodlandstories.at. The purposes, legal bases, recipients, transfers to third countries, storage periods and the customer’s rights are described in our privacy policy.
12.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law. If the customer is a consumer habitually resident in another country, they retain the protection of the mandatory consumer protection provisions of that country.
12.2. If the customer is a business, the exclusive jurisdiction of the Austrian courts and the exclusive local jurisdiction of the court with subject-matter jurisdiction for 1140 Vienna is agreed for all legal disputes, to the exclusion of any other domestic or foreign places of jurisdiction. If the customer is a consumer, the statutory places of jurisdiction apply; if they have their place of residence, habitual residence or place of employment in Austria, they can only be sued before the court in whose district this is located (§ 14 KSchG).
(If you wish to withdraw from the contract, please complete and return this form.)
To: Woodland Stories, Agnes Tovari and Jozsef Vas, Hütteldorfer Straße 259/31, 1140 Vienna, Austria, email: office@woodlandstories.at
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / for the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
Note: The content of these GTC is protected by copyright. Reproduction, distribution or use – including in part – is not permitted without our express consent.
