General Terms and Conditions

General Terms and Conditions (GTC) for smartportrait – a service of Boris Baldinger Photography.

1 – Scope of application

smartportrait is a service provided by Boris Baldinger Photography (hereinafter “we“). These General Terms and Conditions (hereinafter ” GTC”) apply to the legal relationship between Boris Baldinger Photography and its customers (hereinafter “customer”) for the use of smartportrait (hereinafter “service”). They apply to all services offered by smartportrait for the entire duration of their use by the Customer.

By using the Service, the Customer expressly agrees to these GTC.

2 – Services

We provide our customers with the service in accordance with the service descriptions and offers applicable on the website. These may be updated or extended by us from time to time without notice to the customer.

Our service enables customers to create and upload their own portrait photos in accordance with the instructions provided and to release them for processing by the service. After editing, the portrait photos are made available to the customer digitally in an optimized form.

Detailed information on the services offered, prices and terms of payment can be found on our website, If the order is not placed directly via the website, the signed offer shall be deemed authoritative for the agreed scope of services.

3 – Credits for using the service

As a customer, you purchase credits to use the smartportrait service (1 credit = 1 employee portrait). Credits remain valid for 12 months and expire 12 months after the date of purchase. If credits are not used or only partially used, no refund will be granted.

4 – Orders

By submitting an online order or signing an offer, the customer agrees that the uploaded images meet the quality standards of our service and do not contain any illegal or offensive content. We reserve the right to refuse orders if we suspect that they violate applicable law or our guidelines.

5 – Prices and terms of payment

The prices stated on our website at the time of ordering apply. Prices are quoted as a one-off payment in Swiss francs (CHF), excluding VAT. Payments can be made by credit card or other payment methods accepted by us. Payment is due at the time of ordering and is a prerequisite for the service to be carried out.

In the case of an order by means of a quotation, the prices, services and delivery dates apply in accordance with the quotation.

6 – Delivery and deadlines

We will make every effort stated at the time of ordering to ensure delivery of the portrait photographs ordered within the timescales stated on the website. Unforeseen circumstances may cause delays for which we cannot be held responsible.

7 – Intellectual property

7.1 Customer – The customer is the sole owner of the copyright to the uploaded portrait photos. We use portrait photos of clients solely for processing and delivery according to specified instructions, for which the client grants us a non-exclusive, worldwide, royalty-free, non-transferable and irrevocable right to use the portrait photos for this purpose. We do not use portrait photos for any other purpose without the express consent of our clients.

7.2 smartportrait – The sole copyright to the Service lies with smartportrait. Unless otherwise agreed, the content, time and geographical use by the Customer relates to the use of the Service in accordance with the provisions of these GTC.

8 – Data protection

Personal data is processed in accordance with our privacy policy, which is available on our website. By using the service, the customer consents to the processing of this data in accordance with the privacy policy.

9 – Exclusion of liability and claims for damages

We are not liable for damages or losses arising from the use of the service, unless these are due to gross negligence or intent on our part.

The customer may only assert claims for damages against the service, in particular compensation for damages not directly caused by the service, if the service can be accused of gross negligence or if it has culpably breached essential contractual obligations. However, this shall only apply insofar as the achievement of the purpose of the contract is jeopardized with regard to the foreseeable damage typical for the contract. Any further liability of the Service, in particular with regard to a possible loss of work or production, is excluded.

10 – Changes to the GTC

We reserve the right to amend these GTC at any time. The updated GTC shall enter into force from the time of their publication on our website. It is the customer’s responsibility to check regularly for updates.

11 – Severability clause

If individual provisions of these GTC are invalid or incomplete or if their fulfillment is impossible, this shall not affect the validity of the remaining provisions of the GTC. Invalid provisions shall be replaced by a permissible, valid provision that comes as close as possible to the meaning of the original provision.

12 – Place of jurisdiction and applicable law

Swiss law shall apply exclusively to all disputes in connection with these GTC. The exclusive place of jurisdiction for all disputes is the registered office of our company.

Date of last update: 07/2023