Consumer Terms

§ 1 Scope

These terms apply to contracts between Leia-Sophie Holding GmbH (Provider) and consumers within the meaning of section 1 of the Austrian Consumer Protection Act (KSchG). They cover in particular private weddings and other private photography commissions under the trading name WhiteNoise Photography.

The purpose of the specific transaction determines its classification, not the trading name used. The B2B terms do not apply to consumer transactions. Individual agreements take precedence over these terms.

§ 2 Formation of contract

Quotations are non-binding unless expressly designated as binding. For a non-binding quotation, the customer submits a contractual offer with their order, which the Provider expressly accepts. A binding offer becomes a contract when accepted by the customer within the stated period.

Contracts may be concluded in writing, by email, telephone or video conference, subject to statutory form and information requirements. Conversations are recorded only with the express consent of the participants.

A non-binding enquiry or availability request does not create a contract. Binding photography bookings are expressly confirmed; the quotation specifies the amount and due date of any deposit.

§ 3 Prices and payment

All consumer prices are total prices in euros including VAT. Additional travel, material or other costs are disclosed and agreed before the contract is concluded.

Invoices are payable within 14 days unless a different payment schedule is agreed. For wedding photography, unless otherwise agreed in the quotation: 50% on conclusion of the contract, 30% no later than seven days before the appointment and 20% when the agreed images are made available for handover. Statutory rights to withhold performance or payment remain unaffected.

§ 4 Subject Matter and Artistic Freedom

The subject matter of the contract is the photographic coverage of weddings and related services.

Within the agreed service description, the photographer has artistic discretion in taking, selecting and editing images. Agreed characteristics, subjects and quality requirements, as well as statutory warranty rights, remain unaffected.

§ 5 Statutory right of withdrawal

Statutory withdrawal rights under the Austrian Distance and Off-Premises Contracts Act (FAGG) apply to distance and off-premises contracts. Where a withdrawal right exists, the customer receives information tailored to the service and the model withdrawal form on a durable medium before concluding the contract.

For services related to leisure activities scheduled for a contractually specified date or period, the exception in section 18(1)(10) FAGG may apply. The Provider specifically informs the customer before contract conclusion if the booked service has no statutory withdrawal right. These terms do not impose a blanket exclusion merely because a service is described as wedding photography.

Early commencement of services and any associated loss of the withdrawal right are agreed separately only where the statutory conditions are met. Acceptance of these terms alone does not replace those declarations.

§ 6 Contractual cancellation

Cancellation may be declared by email. Up to three months before the agreed photography appointment, deposits are refunded less agreed services already performed.

For cancellation between three months and one month before the appointment, the entitlement is capped at 50% of the agreed fee; for cancellation less than one month before it, at 100%. Saved expenses and alternative earnings to be credited under section 1168 ABGB, particularly a replacement booking, are deducted. The customer may demonstrate a lower entitlement. Payments already made are credited and any excess is refunded.

This clause concerns contractual cancellation. A statutory withdrawal is governed exclusively by its statutory consequences; no cancellation fee under this clause is charged for it.

§ 7 Rights of Use for Images

Authorship remains with the respective photographers. The Provider grants the customer the rights of use agreed below and ensures it holds the rights necessary to do so.

The customer receives a simple, non-transferable right of use for private purposes.

Commercial use only with written consent.

RAW files are not released.

The Provider may use images for its own promotion (portfolio, social media, website), provided the customer and the persons depicted have expressly consented. Consent can be withdrawn at any time.

§ 8 Warranty and complaints

Statutory warranty rights apply, including the Austrian Consumer Warranty Act where applicable. Any additional guarantee requires an express declaration.

Please report apparent defects promptly so that we can investigate and remedy them. Reporting within 14 days is not a condition for statutory claims. Silence does not constitute acceptance or a waiver of rights relating to defects.

§ 9 Liability and inability to perform

Statutory provisions apply to claims for damages. These terms do not restrict liability.

If an agreed photography appointment cannot be fulfilled, for example due to illness, the Provider will inform the customer without delay and offer a suitable substitute where possible. Replacing an expressly agreed photographer requires the customer’s consent. If no substitute service is agreed, payments for services not provided will be refunded. Any further statutory rights remain unaffected.

§ 10 Data protection and confidentiality

Personal data is processed in accordance with the GDPR and the Austrian Data Protection Act (DSG). Details can be found in the Provider’s privacy policy.

Both parties undertake to treat confidentially all information disclosed in the course of performing the contract.

§ 11 Governing law, jurisdiction and amendments

Austrian law applies. This choice does not deprive consumers of the protection of mandatory provisions that would apply without a choice of law, including, where applicable, those of their country of habitual residence. Statutory jurisdiction rules apply; no exclusive jurisdiction in Vienna is agreed.

Changes to existing contracts, including these terms, require express agreement. Silence does not constitute consent. Publishing new terms does not amend existing contracts.