Terms & Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider on the website christian.irmler.art. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase order (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "buy" you make a binding offer from us.
(3) Acceptance of the offer (and thus the conclusion of the contract) shall take place immediately after the order has been confirmed in text form (e-mail, for example) in which the execution of the order or delivery of the goods is confirmed (order confirmation).
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Cancellation Policy
(1) Right of withdrawal
Our prints are goods that are not prefabricated. The production takes place only after the order, individually and directly for the respective customer and the finished product is usually also sent directly from the printing house to the customer, which also makes it for consumers within the meaning of the consumer protection law within the EU from the time of us the print order handed over to the printing company is not entitled to a return.
For any other goods, consumers within the meaning of the Consumer Protection Law within the EU have the right to revoke this contract within seven days (in Austria) and within fourteen days (in the rest of the EU) without giving any reason. For consumers outside the EU, there is expressly no right of withdrawal.
The withdrawal period is seven days (in Austria) and fourteen days (in the rest of the EU) from the day
in which you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner;
where you or a third party named by you, other than the carrier, has or has taken possession of the last goods, provided that you have ordered several goods in a single order and these are delivered separately;
where you or a third party named by you, other than the carrier, has or has taken possession of the last partial consignment or piece, provided that you have ordered a product that is delivered in multiple consignments or pieces;
In order to exercise your right of withdrawal, you must inform us in writing (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract by means of a clear statement.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract to the return address specified by us. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
(3) Services (Workshops, 1-to-1 Coaching, Consultings, etc.):
The right of withdrawal for a service expires as soon as any part of the service has been performed. For workshops, 1-to-1 sessions, and all types of consultings, a non-refundable deposit is usually required upon booking. In the event of a cancellation by the client, this deposit will be retained in full as a cancellation fee. Unless otherwise agreed in writing, the following additional cancellation fees apply: 50% of the total fee if cancelled before the registration deadline, and 100% of the total fee if cancelled after the registration deadline.
§ 5 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible.
§ 6 Services
We are available to you within the framework of workshops, which are partly held by telephone and / or online over the distance, but also in person at the agreed locations. Possibly. Advisory telephone calls or e-mails before a meeting are already part of our service.
§ 7 Intellectual Property and Artistic Freedom
(1) During workshops or 1-to-1 sessions, the provider actively assists in finding compositions. All advice, suggestions, and compositions developed during the service remain the intellectual property of the provider in terms of the artistic concept.
(2) The provider reserves the right to capture his own photographs at the locations visited during or after the service. This includes the right to use, publish, and sell these images at a later date, even if the composition was identified during a session with a client.
(3) To protect the client’s individual experience, the provider undertakes not to produce a 1:1 copy of a specific composition finalized by the client during the session. The provider will instead create at least an alternative version (e.g., by using different focal lengths, perspectives, or foreground elements) to ensure the client’s work remains unique.
(4) The client is prohibited from claiming exclusive rights to a specific photographic spot or a general composition found during the workshop.
§ 8 Liability and Personal Responsibility
(1) Participation at Own Risk: Participation in workshops and 1-to-1 sessions takes place exclusively at the client's own risk and responsibility. The provider is not a mountain guide or certified hiking guide. The service is limited to photographic instruction and coaching.
(2) Physical Fitness and Autonomy: The client confirms that they are in good health and possess the necessary physical fitness and sure-footedness to hike safely in the respective terrain. This includes walking on uneven, steep, or unpaved ground and walking directly beside drop-offs. The client expressly confirms that they possess the skills and experience to navigate, hike, and photograph the chosen location independently and safely without the assistance of a guide.
(3) Sure-footedness and Fear of Heights: The client confirms that they are free from vertigo (schwindelfrei) and capable of moving safely in exposed alpine terrain.
(4) Duty of Information: The client is obliged to inform themselves extensively about the location and the associated terrain before the start of the session. The client confirms that they are aware of the general and specific dangers of the outdoors (e.g., falling rocks, slippery surfaces, weather changes, steep terrain, drop-offs, dangerous animals, etc.).
(5) Equipment: The client is solely responsible for the safety and functional condition of their photographic equipment and personal gear (e.g., hiking boots, weather protection). The provider assumes no liability for damage to or loss of the client's equipment and gear, regardless of the cause of the damage.
(6) Indemnification and Exclusion of Liability: The client agrees to indemnify, defend, and hold the provider harmless from any and all claims, damages, or liabilities arising from the client’s participation in the session. Liability for property damage, financial loss, or personal injury, including death, is excluded to the maximum extent permitted by law. The provider is not liable for damages caused by third parties or by natural events (force majeure).
§ 9 Choice of law, place of performance, place of jurisdiction
(1) Austrian law applies. For consumers, this choice of law applies only insofar as this does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of performance for all services arising from our existing business relationships and jurisdiction is our registered office (Bad Ischl), unless you are a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Austria or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
§ 10 Order processing according to Art. 28 DSGVO
This point applies only to customers within the EU and does not apply to customers outside the EU.
As part of order processing, the contractor processes data of the client.
The following data categories are processed: contact data, contract data, order data, server and server log data.
The following categories of affected persons are subject to processing: customers, interested parties, suppliers, contact persons, employees, website visitors
The order processing agreement is concluded for an indefinite period and may be terminated by both parties with a notice period of 2 months after the termination of the respective service. The possibility of extraordinary termination for good cause remains unaffected.
Place of execution of the data processing activities is exclusively within the EU.
The contractor may at any time call in sub-processors, but undertakes to conclude with this one corresponding contract in accordance with Article 28 (4).
Obligations of the contractor:
(1) The contractor undertakes to process data and processing results exclusively within the scope of the client's orders. If the contractor receives an official order to publish data of the client, he must - insofar as legally permissible - inform the client immediately and refer the authority to the latter. Likewise, processing the data for the contractor's own purposes requires a corresponding order.
(2) The contractor declares legally binding that he has obligated all persons commissioned with the data processing to confidentiality prior to commencing the activity or that they are subject to an appropriate statutory confidentiality obligation. In particular, the obligation of confidentiality of persons commissioned with data processing also remains valid after the termination of their duties and their departure from the contractor.
(3) The contractor shall declare that he has taken all necessary measures to ensure the security of the processing according to Art. 32 DSGVO.
(4) The contractor shall take the technical and organizational measures to ensure that the client at all times meets the rights of the data subject in accordance with Chapter III of the GDPR (information, information, correction and deletion, data portability, objection and automated decision-making in individual cases) within the statutory periods can and gives the client all necessary information. If a request is made to the Contractor and if the latter lets him know that the Applicant mistakenly considers him to be the Principal of the data application operated by him, the Contractor must immediately forward the request to the Client and notify the Applicant.
(5) The contractor shall assist the client in fulfilling the obligations referred to in Articles 32 to 36 of the GDPR (data security measures, notification of personal data breaches to the supervisory authority, notification of the person concerned by a breach of the protection of personal data, data protection -Following, prior consultation).
(6) The Client shall be granted the right to inspect and control the data processing facilities at any time with regard to the processing of the data provided by him. The Contractor undertakes to provide the Client with the information necessary to control compliance with the obligations set out in this Agreement.
(7) Upon termination of this agreement, the contractor is obliged to destroy all processing results and documents containing data on behalf of the client.
(8) The contractor must inform the client immediately if he believes that an instruction of the client violates the data protection provisions of the Union or the member states.
Obligations of the client:
The client is obliged to comply with the applicable laws.
§ 11 Severability clause
Should individual provisions of these terms and conditions be or become wholly or partially invalid or unenforceable, then they shall be replaced by a provision which most closely corresponds to the invalid one; the remaining agreed points shall remain unaffected.
