Terms and Conditions -

TERMS AND CONDITIONS (T&C) FOR GOODS (B2C)

§1 Scope and Definitions (1.1) The following General Terms and Conditions apply to all deliveries between Julian Rad and a consumer in their version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

By placing an order, the customer agrees to the following General Terms and Conditions.

§2 Conclusion of Contract, Storage of Contract Text (2.1) The following regulations regarding the conclusion of a contract apply to orders placed via our online shop www.radwildlife.com.

(2.2) In the event of a contract conclusion, the contract is formed with: Julian Rad Schüttaustraße 39/37/10, 1220 Vienna, Austria Email: julian.rad@gmx.at

(2.3) The presentation of goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a sales contract.

(2.4) When an order is received in our online shop, the following rules apply: The consumer makes a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

Selection of the desired goods
Confirmation by clicking the “Add to Cart” button
Review of the details in the shopping cart
Clicking the “Checkout” button
Entering the email address (invoices and notifications will be sent to this email address)
Entering the billing and delivery address and selecting the payment method
Binding submission of the order by clicking the “Order with obligation to pay” button

Alternatively, you can send your orders directly to us by email. Information on the exact ordering process can be found on the respective product pages.

If information is missing or we cannot fulfill the order for certain reasons, we will inform the customer by email.

(2.5) Before submitting the order bindingly, the consumer can return to the internet page where the customer’s details are recorded by pressing the “Back” button contained in their internet browser after checking their details, and correct input errors, or cancel the order process by closing the internet browser. We will confirm receipt of the order immediately by means of an automatically generated email (“Order Confirmation”). We accept your offer with this confirmation.

(2.6) Storage of the contract text for orders via our online shop: We will send you the order data and our Terms and Conditions by email. You can also view the Terms and Conditions at any time at https://radwildlife.com/agb. For security reasons, your order data is no longer accessible via the internet.

Once the order has reached us, the customer will be notified of the receipt of their order via the email address provided. This notification does not yet constitute acceptance of the customer’s offer on our part.

§3 Prices, Shipping Costs, Payment, and Due Date (3.1) The prices stated include all statutory taxes and other price components. Shipping costs may be added. No value-added tax (VAT) is charged, as Julian Rad is exempt from VAT as a small business pursuant to § 6 para. 1 Z 27 of the Austrian VAT Act (UstG).

(3.2) The consumer has the option of paying via advance payment (bank transfer) or PayPal.

(3.3) If the consumer has chosen payment in advance, they undertake to pay the purchase price immediately after the conclusion of the contract.

(3.4) Prices for packaging and shipping are as follows:

Poster: €9.90
Canvas: €9.90
Calendar: €0
Postcards: €0

§4 Delivery (4.1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery shall take place within a maximum of 5 working days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the bank entrusted with the transfer, and for all other payment methods, on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday, or a public holiday at the place of delivery, the period ends on the next working day.

§5 Retention of Title We retain ownership of the goods until the purchase price has been paid in full.

§6 Right of Withdrawal for Customers as Consumers You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us: Julian Rad Schüttaustraße 39/37/10 1220 Vienna Austria Email: julian.rad@gmx.at

by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.

Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You shall bear the direct cost of returning the goods.

§7 Exclusion of the Right of Withdrawal The right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

§8 Warranty Statutory warranty regulations apply.

§9 Contract Language German is exclusively available as the contract language.

§10 Customer Service Complaints based on statutory warranty claims or other complaints can be asserted using the contact details provided in the imprint.

§11 Data Protection The data transmitted by you for the use of our product range will be processed by us for the purpose of contract execution and is necessary for this extent. The conclusion and execution of the contract are not possible without the provision of your data.

The legal basis for processing is Art. 6 para. 1 lit. b) GDPR.

We delete the data once the contract has been fully processed, but we must observe the retention periods under tax and commercial law.

As part of the contract execution, we will pass on your data to the transport company commissioned with the delivery of the goods or to the financial service provider, insofar as the transfer is necessary for the delivery of goods or for payment purposes.

§12 Retention of Title (Additional Provision) The goods remain our property until full payment has been received.

§13 Effect of Retention of Title In the event of payment default by the customer, we are entitled to assert our rights from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract unless we expressly declare the withdrawal from the contract.

§14 Use of Cookies We point out that for the purpose of an easier shopping process and for subsequent contract processing, the IP data of the user is stored by the webshop operator in the context of cookies, as are the name, address, and email address of the buyer.

No data is transmitted to third parties, with the exception of the transmission of the address to the transport company/shipping company commissioned by us for the delivery of the goods.

Data processing is carried out on the basis of the legal provisions of § 96 para. 3 TKG and § 8 para. 3 Z 4 DSG. “If you do not wish to accept cookies, please change your browser settings accordingly. Please note that this may limit the functionalities of the website.”

§15 Contact Details for Customer Complaints Consumers also have the option to contact the EU online dispute resolution platform: http://ec.europa.eu/odr.

You can also submit your complaint directly to us at the following email address: julian.rad@gmx.at

TERMS AND CONDITIONS (T&C) FOR BUSINESS CUSTOMERS (B2B)

I. Scope

The following general delivery and business conditions (hereinafter referred to as T&C) apply to all orders, offers, deliveries, and services carried out by the photographer.
They are deemed agreed upon receipt of the delivery or service or the photographer’s offer by the customer, but at the latest upon acceptance of the image material for publication.
If the customer wishes to object to the T&C, this must be declared in writing within three working days. Conflicting business terms of the customer are hereby objected to. Conflicting business terms of the customer shall not be valid unless recognized in writing by the photographer.
Within the framework of an ongoing business relationship, the T&C shall also apply to all future orders, offers, deliveries, and services of the photographer without explicit inclusion.

II. Provided Image Material

The T&C apply to all image material provided to the customer, regardless of the creative stage or technical form in which it is available. In particular, they also apply to electronically or digitally transmitted image material.
The customer acknowledges that the image material supplied by the photographer constitutes copyrighted photographic works within the meaning of § 3 para. 2 of the Austrian Copyright Act (UrhG).
Design proposals or concepts commissioned by the customer are independent services that must be remunerated.
The provided image material remains the property of the photographer, even in the event that compensation is paid for it.
The customer must handle the image material carefully and may only pass it on to third parties for internal business purposes of viewing, selection, and technical processing.
Complaints concerning the content of the delivered shipment or the content, quality, or condition of the image material must be communicated within 48 hours of receipt. Otherwise, the image material shall be deemed to have been received properly, in accordance with the contract, and as recorded.

III. Rights of Use

In principle, the customer acquires only a simple right of use for single-use.
Exclusive rights of use, media-related or spatial exclusivity rights, or embargo periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
Delivery merely transfers the right of use for the single use of the image material for the purpose specified by the customer and in the publication and medium or data carrier specified by the customer or resulting from the circumstances of the order placement. In case of doubt, the decisive factor is the object (newspaper, magazine, etc.) for which the image material was made available according to the delivery note or shipping address.
Any use, exploitation, reproduction, distribution, or publication going beyond section 3 is subject to a fee and requires the prior explicit consent of the photographer. This applies in particular to:

Secondary use or secondary publication, especially in anthologies, product-accompanying brochures, promotional measures, or other reprints,
Any editing, modification, or redesign of the image material,
The digitization, storage, or duplication of the image material on data carriers of all kinds (e.g., magnetic, optical, magneto-optical, or electronic storage media such as CD-ROM, CDi, diskettes, hard drives, RAM, microfilm, etc.), provided this does not serve solely the technical processing of the image material pursuant to Section III 3. T&C,
Any reproduction or use of the image data on CD-ROM, CDi, diskettes, or similar data carriers,
Any recording or reproduction of the image data on the internet or in online databases or other electronic archives (even if they are internal electronic archives of the customer),
The transfer of digitized image material via remote data transmission or on data carriers suitable for public display on screens or for the production of hardcopies.

Changes to the image material through photo-composing, montage, or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the photographer and only if marked with [M]. Furthermore, the image material may not be copied, re-photographed, or otherwise used as a motif.
The customer is not entitled to transfer the rights of use granted to them, in whole or in part, to third parties, including other group or subsidiary companies.
Any use, reproduction, or passing on of the image material is only permitted on the condition that the copyright notice specified by the photographer is attached in unambiguous assignment to the respective image.

IV. Liability The photographer assumes no liability for the violation of rights of pictured persons or objects, unless a correspondingly signed release form is enclosed. The acquisition of rights of use beyond photographic copyright as well as the obtaining of publication permissions from collections, museums, etc. is the responsibility of the customer. The customer bears the responsibility for the captioning as well as the contextual meanings resulting from the specific publication.

V. Fees

The agreed fee applies. If no fee has been agreed, it shall be determined in accordance with the current image fee overview of Bildrecht GmbH – Gesellschaft zur Wahrnehmung visueller Rechte. The fee is exclusive of the statutory value-added tax applicable at the time.
The fee applies only to the single use of the image material for the agreed purpose in accordance with Section III 3. or 2. T&C. If the fee is also intended for further use, this must be agreed in writing.
Costs and expenses incurred as a result of the order (e.g., material and laboratory costs, model fees, costs for required props, travel expenses, necessary expenses, etc.) are not included in the fee and shall be borne by the customer.
The fee pursuant to V. 1. T&C must be paid in full even if the commissioned and delivered image material is not published. When using the recordings as a working template for layout and presentation purposes, a fee of at least €75.00 per recording shall apply, subject to a contrary agreement.
Offsetting or the exercise of the right of retention is only permissible against undisputed or legally established claims of the customer. Offsetting against contested but ready-for-decision counterclaims is also permissible.
The claim to the fee is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with each delivery. The photographer is entitled to demand installment payments for production orders corresponding to the respective scope of services provided.

VI. Contractual Penalty, Blocking, Damages

For any unauthorized use, utilization, reproduction, or passing on of the image material (carried out without the consent of the photographer), a contractual penalty amounting to twice the usage fee must be paid for each individual case, subject to further claims for damages.
In the event of an omitted, incomplete, incorrectly placed, or unassignable copyright notice, a surcharge of 100% of the usage fee must be paid.
The payments provided for in Section VII. do not establish any rights of use.

VII. General Provisions

The law of the Republic of Austria is agreed to apply, including for deliveries abroad.
Subsidiary agreements to the contract or to these T&C must be in writing to be effective.
The potential nullity or ineffectiveness of one or more provisions of these T&C does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with an effective provision corresponding in meaning that comes closest economically and legally to the intended regulation.
The place of performance and jurisdiction, if the customer is a full merchant (Vollkaufmann), is the photographer’s place of residence.

Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email).

Contact: Julian Rad Schüttaustraße 39/37/10 1220 Vienna Austria julian.rad@gmx.at

Furthermore, there is no right of withdrawal for goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of services provided for in the contract.

TERMS AND CONDITIONS (T&C) FOR PHOTO WORKSHOPS

1. Registration Registration is done via email. By registering for the photo workshop, participants and/or interested parties explicitly agree to the following Terms and Conditions and are bound by them.

2. Course Fee Workshop participants must pay the course fee within 14 days of receiving the invoice. If no payment is made by the participants within the 14 days, the participant space expires and there is no entitlement to participate in the photo workshop. The prices stated include all taxes; no VAT is shown, as Julian Rad is a small business.

3. Cancellation The customer can withdraw from the booking before the start of the workshop without giving any reasons.

Withdrawal must be declared in writing by email or post; the postal address can be found in the imprint.

A cancellation fee proportional to the participation fee will be charged, regardless of the reason for cancellation. The amount is staggered and depends on the time of withdrawal:

Up to 60 days before the start: 30% of the workshop fee
Up to 30 days before the start: 60% of the workshop fee
Up to 14 days before the start: 80% of the workshop fee
Less than 7 days until the start: 100% of the workshop fee
In case of no-show: 100% of the workshop fee

4. Liability Participation in the workshop is at your own risk and is voluntary. Julian Rad is not liable for accidents, personal injury, or property damage that occur during the photo workshop, caused by the participants themselves or other persons. Julian Rad is also not liable for damages of any kind caused by wild animals. Staying in nature as well as contact with wild animals and the associated risks are at your own risk. By participating, the participant agrees to these conditions.

5. Cancellation by Julian Rad Julian Rad reserves the right to cancel the workshop at short notice in special cases. This applies in particular if weighty reasons arise that prevent the execution of a workshop, e.g., due to illness. In this case, participation fees already paid will be refunded immediately, or there is the possibility of organizing a representative for Julian Rad if applicable. Further claims are excluded (there is no entitlement to reimbursement of incurred travel or accommodation costs).