Terms and Conditions
SCOPE OF APPLICATION
These terms and conditions apply to all contracts of orders, supplies and other services between Vanessa Vittorelli (hereinafter referred to as “me“ or „creator“) and the consumer or business partner (hereinafter referred to as „you“ or „customer“). By making an inquiry and/or placing an order within this website, via mail or other forms of placing orders you accept these Terms and Conditions.
Deviating conditions, changes or additions to this contract are only valid if they have been confirmed by the creator in writing.
SUBJECT MATTER OF THE CONTRACT
Vanessa Vittorelli offers services in the field of content creation, photography, photo editing, feed consultation & planning. The exact scope of services is defined in the individual contracts with the customers.
CONCLUSION OF CONTRACT
A contract between Vanessa Vittorelli and the customer is concluded when the customer accepts a written offer from Vanessa Vittorelli or when Vanessa Vittorelli sends a written order confirmation to the customer.
PRICES & PAYMENT TERMS
The prices for the services of Vanessa Vittorelli are determined in the individual contract. Unless otherwise agreed, all invoices are due for payment without deduction within 7 days of the invoice date. In the event of default of payment, Vanessa Vittorelli reserves the right to charge default interest at the statutory rate, as well as reminder fees of 20% of the amount due.
If an order is placed, a deposit of 50% of the agreed price is due as soon as the order is confirmed by the client. After the deposit has been paid the creator will begin with his work. The created content will be sent for selection with watermark via Wetransfer link. After the selection has been made and the remaining amount has been paid, the content will be sent without a watermark. The rights of use are contractually agreed individually.
If the customer wishes to make changes, he must give this notice within a reasonable period of time (7 days before the content is needed). If a change request is not expressed on time, a surcharge of at least 50€ or a previously agreed amount is due. The for the customer created content is allowed to be used by Vanessa Vittorelli for her purposes (including commercial use).
Payments have to be transferred to the account mentioned on the invoice.
According to § 6 Abs. 1 Z27 UstG, no VAT is charged.
Exceptions apply if they have been contractually stipulated otherwise.
OBLIGATIONS OF THE CUSTOMER
The customer has to provide Vanessa Vittorelli with all information necessary.
The customer does not have the right to transfer the content received and purchased to third parties without prior clarification with Vanessa Vittorelli.
The rights of use are determined individually.
The customer has to ensure the safe shipping to Vanessa Vittorelli.
RIGHT OF WITHDRAWAL
The customer has the right of withdrawal within 14 working days after she/he places the order. This right of withdrawal only applies to the consumers on the ground of consumer protection law and does not apply to businesses.
The withdrawal can be declared by the customer by using the legal model withdrawal form or with a corresponding clear statement in any other form.
Loss of the right of withdrawal (§ 18 para 1 no. 11 FAGG)
In the case of the provision of digital content, the right of withdrawal expires when the creator has begun to perform the contract (in this case when Vanessa Vittorelli begins to create the order). If the consumer is obliged to pay, the right of withdrawal only lapses if the consumer has expressly agreed to the start of the performance of the contract before the expiry of the withdrawal period and the consumer has confirmed that he has taken note of the fact that he loses his right of withdrawal due to the premature start of the performance of the contract, and if the entrepreneur has provided the consumer with a confirmation of the contract. The confirmation must be made at the latest before the start of the provision of services. It must contain a confirmation of the concluded contract on a durable data carrier (paper, e-mail) as well as all information obligations under § 4 (1) FAGG. The information in § 4 Abs. 1 FAGG can also be made available on a durable data carrier beforehand. The confirmation must also contain a confirmation of the consent to the immediate start and confirmation of the consumer's knowledge of the loss of the right of withdrawal. Should the customer decide to withdraw from the contract, he may use the following form.
Explicit consent to immediate performance of the contract (§ 18 Abs 1 Z 11 FAGG)
Before concluding the contract, the consumer must expressly agree to the immediate begin of services and confirm that he has taken note of the loss of the right of withdrawal.
Vanessa Vittorelli reserves the right to withdraw from the contract if there are important reasons (on the creators side) that make it impossible to create the content/fulfil the agreement. In this case, the paid deposit will be refunded. Should the customer make it impossible for the creator to do his work, the deposit will retained on Vanessa Vittorelli's account.
The right of withdrawal from a contract is ensured with the timely posting of the written cancellation by email (office@vibiskuss.com).
The creator will process a refund to the customer within 14 business days after receiving the cancellation.
PRIVACY POLICY
Vanessa Vittorelli processes the personal data of customers in accordance with the applicable data protection regulations. Further information can be found in the privacy policy section.
PROPRIETARY RESERVATION
The transferred content remains in the property of the creator until the customer's full payment has been received.
LIABILITY
Opposite to business establishments the creator is liable for deliberate intention and gross negligence, but not for slight negligence. Compared to the customer the creator is not even liable for slight negligence, as long it is not damage to a person. Any liability, except the liability for deliberate intention, is limited to the purchasing price. The seller assures that the content is created according to the specification of the placed order of the customer.
The creator is not liable for damage that might occur during shipping and especially not liable for lost profit of the customer.
ONLINE MARKETING AND WEB ANALYSIS
Vanessa Vittorelli uses various online marketing and web analytics tools, such as Google Analytics and Facebook Pixel, to measure and improve the effectiveness of their marketing efforts. The corresponding data protection guidelines and opt-out options are described in the privacy policy of Vanessa Vittorelli.
LAW AND JURISTIFICATION
Place of execution is Vienna, Austria.
SEVERABILITY CLAUSE
If individual terms in these terms and conditions of sale are or should become invalid, the effectiveness of the rest of the regulations remains unchanged. Instead of the invalid term, its appropriate corresponding term according to Austrian Law becomes effective.