Terms & Conditions

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.

  • 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