Terms and Conditions
Terms and conditions of the web shop of the Tyrolean Archive for photographic documentation and art (TAP)
Shopping around the clock in the TAP web shop – 24 hours a day, 7 days a week at:
www.tiroler-photoarchiv.eu
For questions, please call Monday to Thursday 8:00 to 17:00 and on Friday 8:00 to 13:00:
+43 (0)4852 98238
You can also reach us at any time
via E-Mail to
or
by fax to +43 (0) 485298 238 18
I. General
1.1. The Tyrolean Archive for photographic documentation and art, based in A-9900 Lienz, Hauptplatz 7, ZVR number 696044917, has set up a web shop on its online platform (www.tiroler-photoarchiv.eu) over which the rights to use of selected digitally processed photographs out of its picture collection can be acquired – either purely for scientific purposes or private study purposes.
1.2. The following terms and conditions (hereinafter referred to as GTC) apply to all business that is being initiated between the Tyrolean Archive for photographic documentation and art, in the following: photo archive, and the purchaser by the TAP web shop (www.tiroler-photoarchiv.eu).
1.3. By sending the order the customer acknowledges their applicability. Different arrangements can be made legally effective only in writing. Different terms and conditions of the customer are only valid if their validity has been expressly confirmed in writing from the photo archive.
1.4. The GTC shall also apply for provided follow-up services of the photo archive in connection with the order.
II. Conclusion of contract
2.1. The services offered in the web shop are an invitation for submission of a quotation by the customer. The buyer makes an offer for conclusion of the use permit, by clicking "Send and start payment process" as well as “Pay” (order) at the end, after selecting the image files and giving a purpose of use.
2.2. The receipt of the order is confirmed by the photo archive on the following website and via E-Mail. Both does not represent an acceptance of the quotation, but shall inform the buyer from receiving the correct order.
2.3. The photo archive is entitled to reject the order for whatever reason. Any payments already made to the photo archive are going to be returned if there is no acceptance of the order.
2.4. The contract is concluded between the photo archive and the buyer: The buyer receives the ordered items via a provided download link and will be notified by e-mail (shipping receipt).
The image files are available for download 14 days from the date of delivery of the download.
2.5. Products from the same order that are not listed in the shipping confirmation shall not be subject to use permit.
III. Provisions for handed-over photographic material
3.1. Any complaints concerning the content or quality of the picture material or data supplied are to be reported in writing immediately.
3.2. If not immediately, the imagery has been received properly, according to the contract and as described.
IV. Rights of use
4.1. The buyer acquires a simple, therefore not an exclusive or exclusionary, use permit for the in the order expressly stated and in the shipping receipt confirmed use (scientific use or private study purposes) and within the stated limits regarding number of copies, specified media or data carrier as well as temporal and spatial limitations. This use permit is not transferable.
A farther use of this grant, beyond the listed particular purpose and the described boundaries reproduction, distribution or publication, including the use of the material for promotional purposes as well as processing and change any of the photographic material is prohibited without written permission of the photo archive.
4.2. Unless otherwise agreed (matching information in the order and shipping confirmation) the grant is only to be used for a single publication (one edition, up to 5,000 copies) and issued only for the medium expressly specified by the customer.
4.3. With the use of the images the purchaser commits himself to name the origin of the Tyrolean Archive for photographic documentation and art clearly and legibly, together with a given collection of stock notice (name of the image's author) and inventory number, so that no doubts exist regarding the allocation of each individual image.
4.4. The authorization to use as named in paragraph 4.1. expires after 6 months from the date of delivery of the download. If the right to use the image files within that period is not or only partially taken into claim, this does not lead to refund the fee.
V. Fee
5.1. Any use of images of the photo archive basically works via a fee.
5.2. This payment is commonly agreed which is displayed at the time of sending the order for the product in your shopping cart. The prices include the VAT for Austria. The fee must be paid with the sending of the order right away.
5.3. The agreed fee includes the image files and the extent of use as specified in the delivery confirmation. Any further use of the images is again subject to a charge and requires the prior consent of the photo archive.
5.4. Use permits shall only be granted as soon as the full fee is paid.
VI. Payment
6.1. Basically, there are the following payment methos in the TAP web shop:
Credit Card: If paying by credit card, the photo archive deducts the amount of the credit card account of the purchaser. Like all other personal data, also the credit card information is transferred securely.
eps online transfer (Austrian bank systems): If selected as a payment method, the trusted Internet banking system of the banking institution of the purchaser is opened. After entering your personal access code you get to your well-known transfer mask and then transfer the payment via TAN entry release.
Maestro: A payment via Maestro is based on the proven methods SecureCode from MasterCard.
PayPal: PayPal is an easy, fast and secure payment service for online stores.
Paybox: paybox is a cashless payment solution that enables mobile phone owners to use their mobile phone to easily and quickly perform transactions (in Austria with A1, Orange, T-Mobile and tele.ring). The purchase amount will be billed to your mobile phone bill.
Under certain conditions the photo archive reserves the right to offer only a selection of the above payment options for each order.
6.2. The buyer is obligated to correct billing information necessary for truthful acting. He agrees to an electronic invoice.
6.3. Expenses in connection with the payment of the fee and a possible refund have to be borne by the purchaser.
VII. Penalty
7.1. For any unauthorized utilization, use, reproduction or transmission of the photographic material, based on the individual case and subject to further claims, there is a contractual penalty of 500% of the normal utilization fee per image.
7.2. Failing to name the origin or the stock, the photo archive is entitled to a surcharge of 100% of the respective utilization fee.
7.3. A complete publication, as it is commercially available for sale, is to be sent to the photo archive unsolicited and free of charge right after publication. In absence of a proof there is a penalty payment of 50% of the agreed fee.
VIII. Limitation of Liability
8.1. At the request of the purchaser faulty or defective products are going to be replaced by the photo archive. The photo archive is not liable for damages arising from the use of faulty or defective products delivered, for example, turned upside down prints or incorrect labels.
8.2. A liability for the accuracy of the photographic legends as well as the information concerning the copyright owner is excluded. The acquisition of claims arising from the use of images of the photo library is also excluded.
8.3. The photo archive preserves the rights of others to the best knowledge and belief, trying to determine the terms of the photographic material, particularly with regard to the present rights situation, as completely and correctly as possible. Does the photo archive have the knowledge of existing rights of third parties or if the legal opinion is in doubt, no permission to use the supplied picture material is given. Should the photo archive be confronted with claims of third parties because of the use, reproduction or distribution of images from the photo archive, the photo archive is to hold harmless in any case.
IX. Access to Online Database
9.1. The image database of the photo archive is available online for research purposes and to carry out orders. The activation of the image files is based on the sole discretion of the photo archive.
9.2. Access to the online image database is done by the customer’s registering with user name and password. If third parties without authorization get access to the image database via the customer’s user name and password, the customer is liable for all costs and damages that result from this unauthorized use.
9.3. The photo archive reserves itself the right to terminate the purchaser’s further access to the online image database in case of violation of the GTC or other important reasons.
X. Privacy Policy
10.1. Personal data and other information for each order is encrypted and transmitted over a secure connection.
10.2. Name and address of the customer and order-related data are stored. The comprehensive protection of personal data under the provisions of the Data Protection Act is warranted.
10.3. A transfer of data to third parties only takes place in compliance with the relevant order.
XI. Final Provisions
11.1. The law of the Republic of Austria is valid, also for deliveries abroad.
11.2. These GTC apply to the extent that mandatory provisions of the Consumer Protection Act might be violated. If any provision of the GTC be or become invalid, this shall not affect the validity of the remaining provisions.
11.3. The geographical and functional jurisdiction of the District Court of Lienz is agreed upon.
