General Terms and Conditions (GTC) and Consumer Information
for purchase contracts concluded via the online shop www.manfredbaumann.shop
between Manfred Baumann OG (hereinafter referred to as “Seller”)
and the Customer (hereinafter referred to as “Customer”).
§ 1 Scope and General Information
(1) These GTC apply to all contracts concluded between the Seller and the Customer via the online shop. Individual agreements between the parties take precedence over these GTC.
(2) The Customer is considered a consumer if the purpose of the ordered delivery or service cannot be attributed predominantly to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person who acts in the exercise of their commercial or self-employed professional activity when concluding the contract.
§ 2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order.
(2) By submitting the order via the “Buy Now” button, the Customer makes a binding offer to conclude a purchase contract. The purchase contract is concluded upon acceptance of the offer by the Seller, which is communicated by a separate email (“Order Confirmation”).
§ 3 Subject Matter of the Contract, Availability, Delivery
(1) The subject matter of the contract are the products and services specified by the Customer in the order and confirmed in the order confirmation (e.g., photo workshops, calendars, books, prints).
(2) All product images are for illustrative purposes only. Color deviations or differences in size and design may occur due to technical reasons and do not constitute defects.
(3) If a product is unavailable, the Customer will be informed immediately. If the product is permanently unavailable, no contract is concluded.
§ 4 Prices, Payment, Delivery
(1) All prices stated are final prices in Euro and include statutory VAT.
(2) Delivery is made worldwide. Shipping costs are shown separately during the ordering process.
(3) Payment is made in advance (PayPal or bank transfer).
(4) The delivery time is usually 4–7 working days. Since all products (books, calendars, prints, etc.) are signed by hand, delays may occur.
§ 5 Transport Damage
(1) If products are delivered with obvious transport damage, the Customer is requested to complain immediately to the carrier and additionally inform the Seller.
§ 6 Retention of Title
The goods remain the property of the Seller until full payment has been made.
§ 7 Warranty for Material Defects
(1) The statutory warranty rights apply.
§ 8 Disclaimer of Liability for Workshops & Shoots
(1) By booking a workshop or shoot (e.g., “BE A STAR”) via the online shop, the Customer accepts the following disclaimer of liability as a binding part of these GTC:
The Customer expressly declares to participate in the booked photo workshop at their own risk.
The Customer waives any claims against the organizer Manfred Baumann, his representatives, employees, and cooperation partners (such as models, makeup artists, assistants, studio operators, etc.) in the event of damages, injuries, or other disadvantages arising in connection with participation.
The Customer assumes all risks, whether foreseeable or unforeseeable, arising from participation.
The Customer declares that neither they nor their heirs, family members, or legal successors will assert claims against the organizer or its employees.
The Customer also agrees that “making-of” footage (photo/video) created during the workshop or shoot may be published for documentary and promotional purposes – including print media, online, and social media.
(2) By clicking “Accept GTC” when booking, the Customer fully acknowledges this disclaimer of liability. No additional signature is required.
§ 9 Contract Text & Storage
The contract text is stored in the Seller’s internal systems. The GTC can be viewed on the website at any time. After completion of the order, the Customer will receive the order details and GTC by email.
§ 10 Jurisdiction, Choice of Law
(1) Austrian law applies to contracts with consumers, excluding the UN Sales Convention (CISG).
(2) The place of jurisdiction, insofar as legally permissible, is Vienna.
(3) The contract language is German.