Terms and Conditions
These terms govern photography services provided by Javier Aparicio Ríos Foto. They are binding once you confirm a booking in writing (e.g. by email or signed quote). A contact form enquiry does not create a contract; these terms are provided there for information only.
1. Formation of Contract
- Services, prices, scope and dates are defined in our written quote and your written booking confirmation.
- By confirming the booking and paying the agreed deposit, you accept these terms as published on this website at the time of booking.
2. Booking and Payment
- All sessions are by appointment only.
- A 50% deposit of the agreed price is required to confirm the session unless otherwise stated in the quote.
- The balance is due as agreed, typically after the shoot and before or upon delivery of the images.
- Prices are quoted in Swiss francs (CHF) excluding VAT (Art. 10 para. 2 MWSTG). Travel or additional costs are stated in the quote.
- If payment is late, we may withhold delivery of the images until the balance is settled.
3. Cancellation, Rescheduling and No-Show
- Cancellation more than 48 hours before the session: the deposit may be applied to a new date; refunds are at our discretion minus costs already incurred, unless the quote states otherwise.
- Cancellation less than 48 hours before the session or no-show: the 50% deposit is retained; we reserve further claims to the full agreed price where permitted by law.
- Rescheduling is possible up to 48 hours before the session, subject to availability.
- In case of force majeure (e.g. serious illness, official restrictions), we will seek a fair solution (new date or partial refund).
4. Scope of Services and Delivery
- Scope (duration, number of edited images, file format, usage rights) is defined in the quote.
- Edited images are normally delivered digitally within 4–6 weeks after the session unless otherwise agreed.
- Extra retouching or express delivery is available only by written agreement and additional fee.
- Digital files are available for download for 12 months; archiving thereafter is the client’s responsibility.
5. Copyright and Usage Rights
- Javier Aparicio Ríos Foto remains the copyright holder of all photographs (Swiss Copyright Act).
- The client receives a non-exclusive licence. Standard use (unless extended in the quote): private use and display on the client’s own websites and profiles (e.g. LinkedIn, company website).
- Commercial use (third-party advertising, large print runs, transfer to agencies, editing by third parties) requires written agreement and may incur additional fees.
- Resale, sublicensing or alteration of the images without our consent is prohibited.
6. Promotional Use (Portfolio)
- We may use selected images for self-promotion (website, social media, portfolio, references) unless you object in writing or the quote states “no publication”.
- For identifiable individuals we comply with the Swiss Data Protection Act (nFADP); for corporate bookings you ensure that pictured persons are informed or that required consents are in place.
7. Personal Data
- Processing of contact and booking data is described in our Privacy Policy.
- Portrait photography may involve personal data; when booking on behalf of others, you are responsible for informing the people depicted.
8. Prices and Invoicing
- Prices are those stated in the quote.
- Invoices are not subject to VAT according to Art. 10 para. 2 of the Swiss VAT Act (MWSTG) (see legal notice).
- Invoices are payable within the period stated on the invoice.
9. Liability
- We are liable under Swiss law for damage caused by intent or gross negligence and for injury to life, body or health.
- For slight negligence, liability is limited to foreseeable, typical contractual loss and at most the amount paid for the session in question.
- We are not liable for delays or failure due to circumstances beyond our reasonable control (e.g. severe weather, third-party outages, force majeure); we will try to offer a new date.
10. Complaints
- Defects must be reported in writing within 14 days of delivery of the images, with a specific description.
- We will review justified complaints and offer correction or, where appropriate, a partial refund.
11. Governing Law and Jurisdiction
- Swiss law applies exclusively (to the extent permitted, excluding conflict-of-law rules).
- Exclusive place of jurisdiction is Bern, Canton of Bern, where permitted by law.
12. Consumers Abroad
- For clients resident in the EU or EEA, mandatory consumer protection rules of their country of residence may still apply; these terms do not limit such rights.
- Use of an EU online dispute resolution platform is not required or offered.
Contact
Questions about these terms: [email protected] · +41 77 231 12 63
Last updated: 30.05.2026