Terms & Conditions

Terms & Conditions – SMotographers

Effective: August 2025

1. Scope

These Terms apply to all contracts between SMotographers, 5622 Waltenschwil (Aargau, Switzerland) and its clients regarding photography services (shootings, reportage, events) and print sales (photo prints, fine art prints, photo products). Deviating agreements are only valid if confirmed in writing.

2. Photography Services

2.1 Booking & Contract Formation

A booking is binding once confirmed in writing (email) by SMotographers. By booking, the client accepts these Terms.

2.2 Cancellation

  • Specific cancellation periods & fees may be defined individually in each contract.
  • Unless otherwise agreed in writing, a cancellation must reach SMotographers no later than 7 calendar days before the agreed service date in written form (email is sufficient).
  • If the cancellation is received later, SMotographers reserves the right to invoice already incurred third‑party costs (e.g. travel, rentals) and/or a reasonable cancellation fee reflecting reserved time and preparation.

2.3 Execution & Availability

  • SMotographers performs the agreed services to the best of its knowledge and ability.
  • Digital image files are retained for a maximum of 12 months from delivery and remain downloadable during that time. After that, no further archival obligation exists.

2.4 Usage Rights

  • SMotographers retains copyright to all created images.
  • The client receives a simple (non-exclusive) license for private use unless otherwise agreed.
  • Any commercial use (e.g. advertising, resale) requires separate written permission.
  • Supplying images (including previews/thumbnails/metadata) to platforms or services for training, fine-tuning or benchmarking AI / machine learning models (e.g. generative image or text systems) is prohibited without prior written consent.

2.5 Prohibited Use / AI & ML Training

Without SMotographers’ prior written consent, the following is prohibited:

  • Use of images (even cropped / compressed / derivative) to train, fine‑tune, evaluate or benchmark AI/ML systems (including diffusion, transformer, recognition, classification or retrieval models).
  • Inclusion of images or derivative data (features, embeddings, captions, EXIF/IPTC, alt text, prompts) in datasets (public or private) for current or future model generations.
  • Use for creation or enhancement of face / person / object recognition databases or biometric profiles.
  • Automated style-, prompt- or signature-extraction to generate new content in the style of the photographs.
  • Automated crawling / scraping for bulk harvesting of images for model training purposes.

In case of violation SMotographers may:

  1. Revoke the granted licence with immediate effect.
  2. Demand cessation and removal (deletion from datasets / models).
  3. Assert claims for damages, account of profits and disclosure of usage scope.

No implied licence for AI-related uses is granted. Mandatory statutory exceptions remain unaffected.

3. Print Orders (Direct, Made-to-Order)

This section governs individual orders of photo / fine art prints placed directly via our website, contact form or email. There is no separate e‑commerce cart system; the contracting party is SMotographers.

3.1 Orders & Contract Formation

  1. A print order is formed only after we issue a written confirmation (order confirmation email).
  2. Each confirmation (where applicable) states: format(s), medium/material (e.g. fine art paper, canvas, acrylic), edition (if limited), price and estimated production / delivery time.
  3. All prints are produced on a made‑to‑order basis to client specification.
  4. Typical production / dispatch window: 5–14 business days from confirmation. Delays caused by suppliers or carriers do not entitle the client to damages unless intent or gross negligence is proven.

3.2 Withdrawal & Returns

  • Under Swiss law there is no statutory right of withdrawal for custom‑made products; we also do not grant a voluntary return right.
  • Once production has started, cancellation, returns or changes are excluded.
  • Statutory warranty rights (e.g. production defects, transport damage) remain unaffected.
  • Defects (transport damage / obvious production errors) must be reported within 5 business days of receipt with written notice and photographic documentation; hidden defects immediately upon discovery.
  • Minor deviations in colour, brightness or surface (arising from monitor calibration differences, paper texture, print profiles) and material‑typical tolerances do not constitute a defect.
  • Risk passes to the client upon handover to the carrier (postal / courier service). Visibly damaged parcels must be noted at acceptance and documented promptly.

4. Prices & Payment

  • All prices in CHF.
  • Payment exclusively by invoice.
  • Unless otherwise stated, invoices are due within 14 days of invoice date net.

5. Liability

  • SMotographers is liable only for damage caused intentionally or by gross negligence.
  • No liability for technical failures, data loss or transmission errors outside our control.

6. Data Protection

  • Personal data is used solely to fulfill orders and is not shared with third parties without consent.
  • See the Privacy Policy for further details.

7. Jurisdiction & Applicable Law

Exclusively Swiss law applies. Place of jurisdiction is Waltenschwil, Canton Aargau.

SMotographers
5622 Waltenschwil, Aargau, Switzerland
Email: [email protected]

Note: These Terms may be updated. The version published here is authoritative.