Terms of Service (Allgemeine Geschäftsbedingungen - AGB)

Last Updated: June 2026

Welcome to Thomas Eisl Photography. These Terms of Service ("Terms", "AGB") govern the legal relationship between you (the "Customer", "User", "Consumer") and Thomas Eisl ("we", "us", "our", "Seller"), operating from Vienna, Austria, for all purchases of digital goods, physical products, and services via the website thomaseisl.photography and its associated subdomains.

Please read these Terms carefully before completing any purchase. By placing an order, you confirm that you have read, understood, and unreservedly accept these Terms.

1. General Provisions & Scope (Geltungsbereich)

1.1 These Terms apply to all contracts concluded remotely (e.g., via our online shop, email, or digital interfaces) between the Seller and the Customer.

1.2. A Consumer (Verbraucher) within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz - KSchG) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3. An Entrepreneur / Seller (Unternehmer) is any natural or legal person or a pooling of interests possessing legal capacity, for whom the contract is part of the operation of their trade, business, or profession.

1.4. Any conflicting, deviating, or supplementary terms and conditions issued by the Customer shall not become part of the contract unless the Seller has explicitly agreed to their validity in writing.

2. Contractual Partner (Vertragspartner)

The contractual relationship is established directly with:

  • Business Owner: Thomas Eisl

  • Address: Friedmanngasse 1a, 1160 Vienna, Austria

  • Email: contact@thomaseisl.photography

  • Phone: +43 664 303 1 604

  • Chamber Membership: Member of the Vienna Chamber of Commerce (Wirtschaftskammer Wien)

  • Supervisory Authority: Municipal District Office (Magistratisches Bezirksamt) for the 16. District of Vienna

3. Offer, Ordering Process, and Formation of Contract (Vertragsschluss)

3.1. The presentation and display of digital content or physical products in the online shop does not constitute a legally binding offer by the Seller. It is an invitation to the Customer to place a binding order (invitatio ad offerendum).

3.2. Ordering Process: By adding products to the digital shopping cart, entering their contact, billing, and shipping details, selecting a payment method, and clicking the final order submission button (e.g., "Buy Now", "Complete Purchase"), the Customer submits a legally binding offer to conclude a contract.

3.3. Formation of Contract:

  • For Digital Content: The contract is legally formed when the Seller transmits an automated order confirmation email containing the unique hyperlink to download or access the digital assets.

  • For Physical Goods: The contract is legally formed when the Seller transmits a separate shipping confirmation email or physically dispatches the ordered goods to the carrier.

3.4. The contract language is English.

4. Prices, Payments, and Cross-Border Digital VAT (EU OSS)

4.1. All prices listed in the online shop are final net prices.

4.2. VAT Exemption Notice: The Seller operates as a small business under the Austrian Small Business Regulation (§ 6 Abs. 1 Z 27 UStG). Consequently, Value Added Tax (VAT) is not charged on invoices, nor is it separately disclosed at checkout.

4.3. Cross-Border EU Sales (B2C): For digital content delivered to private consumers residing within the European Union (outside of Austria), prices are equally exempt from VAT, provided the Seller remains within the statutory small business micro-thresholds or operates under the EU Cross-Border SME Scheme. Should the Seller's cross-border volume trigger destination-country tax obligations under EU law without an active cross-border SME exemption, the mandatory local statutory VAT rate of the consumer's country of residence will be applied at checkout without increasing the displayed baseline product price.

4.4. International Sales (Outside the EU): For deliveries to customers residing outside the European Union (Third Countries), prices are net of EU tax obligations. The Customer remains solely responsible for assessing and clearing any local import sales taxes, digital service taxes, or customs handling fees required by their local home jurisdiction.

4.5. Payment must be made using the electronic payment gateways provided at checkout (e.g., Stripe, PayPal, Credit Card). The Customer's account will be debited immediately upon completion of the ordering process.

5. Delivery, Availability, and Retention of Title (Eigentumsvorbehalt)

5.1. Digital Content Delivery: Digital assets (such as camera profiles, software presets, e-books, training videos) are delivered via digital transmission. The Customer receives an automated access link or a downloadable file format immediately or within 24 hours after successful payment clearance.

5.2. Physical Goods Delivery: Unless agreed otherwise, physical items (such as pre-printed books, publications, or photographic materials) are shipped to the delivery address specified by the Customer. Shipping times depend on the destination country and will be displayed during checkout.

5.3. Retention of Title (§ 1063 ABGB): All physical goods delivered remain the exclusive legal property of Thomas Eisl until full, unconditional payment of the purchase price and all associated shipping charges has been received.

6. Right of Withdrawal (Rücktrittsrecht)

If you are a consumer as defined by the Austrian Consumer Protection Act (KSchG), you generally have the statutory right to withdraw from a contract concluded online within fourteen (14) days without giving any reason.

However, your right of withdrawal depends strictly on the type of product or content you purchase from this platform. The terms are divided into three distinct categories below:

Category A: Digital Content (Instant Downloads & Presets)

This category applies to all digital assets, including but not limited to downloadable software tools, camera profiles, presets, digital guides, templates, and streaming educational videos.

  • Exclusion of Right: In accordance with § 18 Abs 1 Z 11 FAGG, the statutory right of withdrawal is completely excluded for digital content that is not supplied on a tangible medium if the execution of the contract has begun with the consumer’s explicit consent and acknowledgment.

  • Your Acknowledgment: By placing an order for digital content and clicking the final purchase button, you explicitly request and agree that the execution of the contract shall begin immediately (i.e., the provision of the download link). You explicitly acknowledge that you completely lose your statutory 14-day right of withdrawal the moment the download process begins or the digital content is made accessible to you.

Category B: Standard Physical Goods (Pre-manufactured Items & Books)

This category applies exclusively to non-customized, mass-produced physical merchandise, such as standard pre-printed books, published catalogs, or mass-manufactured studio accessories.

  • Withdrawal Period: You have the right to withdraw from this contract within fourteen (14) days from the day on which you, or a third party named by you who is not the carrier, takes physical possession of the goods (§ 11 FAGG).

  • Exercise of Right: To exercise your right, you must inform us (Thomas Eisl, Friedmanngasse 1a, Email: contact@thomaseisl.photography) by means of a clear, unequivocal statement (e.g., a letter sent by post or an email) of your decision to withdraw from the contract. To meet the deadline, it is sufficient to dispatch your communication before the 14-day period expires.

  • Effects of Withdrawal & Return Costs: If you withdraw from a valid contract in this category, we will refund all payments received from you, including standard delivery costs (excluding additional costs resulting from your choice of a delivery method other than our standard, least expensive delivery), without undue delay and no later than 14 days from the day we receive your withdrawal notice. We may withhold reimbursement until we have received the goods back or you have supplied proof of return shipping.

  • Return Shipping Cost:You shall bear the direct costs of returning the physical goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Category C: Custom Made-to-Order Products (Fine Art Prints & Portfolios)

This category applies to all high-fidelity photographic reproductions, fine art prints, mounted gallery works, photo books, or portfolio boxes that are individually manufactured, sized, signed, or printed upon your specific request.

  • Complete Exclusion of Right: In accordance with § 18 Abs 1 Z 3 FAGG, the right of withdrawal is completely excluded for contracts concerning the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the consumer.

  • On-Demand Manufacturing: Because fine art prints and customized photographic products are strictly produced "on-demand" according to the individual choices made by you at checkout (including but not limited to custom size selection, specific archival paper types, mounting options, or individualized artist signatures), no right of withdrawal or cancellation exists for items in this category. All sales of customized or printed-to-order photographic works are final once production begins.

7. Intellectual Property & Licensing Rights for Digital Content

7.1. All digital goods, content, videos, texts, and imaging assets sold or hosted on this website are protected by international copyright laws.

7.2. Unless stated otherwise in writing, upon purchasing digital content, the Seller grants the Customer a non-exclusive, non-transferable, non-sublicensable, perpetual license to use the content for personal or internal business educational purposes (Single-User License).

7.3. Strict Restrictions: The Customer is explicitly prohibited from:

  • Copying, distributing, sharing, reselling, or leasing the files, download links, or license keys to any third party.

  • Uploading the digital assets to public servers, cloud shares, peer-to-peer networks, or online forums.

  • Using the digital assets, text, photography, or video content to feed, train, fine-tune, or test any machine learning algorithms or generative artificial intelligence (AI) models without explicit, written prior consent from Thomas Eisl.

8. Risk of Loss, Transport Damage, and Warranty (Gewährleistung)

8.1. Risk of Loss (Gefahrenübergang - § 7b KSchG):

  • If the Customer is a Consumer, the risk of loss or damage to physical goods passes to the Customer only when the goods are delivered to the Customer or to a third party designated by them (excluding the courier).

  • If the Customer is an Entrepreneur, the risk passes to the Customer as soon as the Seller delivers the goods to the transport company or shipping carrier.

8.2. Transport Damage: Customers are requested to inspect physical packages for visible damage upon delivery and report transport damage immediately to the carrier and the Seller. Failure to do so does not affect a Consumer's statutory warranty rights but assists the Seller in asserting claims against the courier.

8.3. Statutory Warranty: The statutory warranty regulations apply. For Consumers, the warranty period is two (2) years from delivery. For digital content, the Austrian Digital Conformity Act (Verbrauchergewährleistungsgesetz - VGG) applies.

8.4. Photographic Anomalies: For Category C products (Fine Art Prints), minor optical variations common in high-end fine art printing—such as subtle tonal variations under different ambient lighting conditions (metamerism), minimal crop variations due to structural borders, or the natural structural characteristics of handmade fine-art or cotton-rag archival papers—are technically unavoidable and do not constitute a material defect or lack of conformity.

9. Limitation of Liability

9.1. The Seller is liable without limitation for damages resulting from injury to life, body, or health caused by a breach of duty by the Seller.

9.2. For other types of damages, the Seller's liability is strictly limited to instances of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). Liability for slight negligence (leichte Fahrlässigkeit) is explicitly excluded, except for breaches of essential contractual obligations (Kardinalpflichten).

9.3. The Seller assumes no liability for technical system incompatibilities arising from the Customer using outdated software, non-supported file readers, or generic third-party image processors that deviate from the recommended software environment listed on the product detail page.

10. Governing Law, Court of Jurisdiction, and Severability

10.1. Choice of Law: These Terms and all contracts formed under them shall be governed exclusively by the laws of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any conflict-of-law rules.

10.2. Consumer Protection Caveat: For Consumers residing within the European Union, this choice of law shall not deprive them of the mandatory consumer protection regulations guaranteed by the laws of their country of habitual residence (Art. 6 Rome I Regulation).

10.3. Place of Jurisdiction: If the Customer is an Entrepreneur, the competent court with subject-matter jurisdiction in Vienna, Austria, shall have exclusive jurisdiction over all disputes arising out of or in connection with the contract. For Consumers, local legal venue regulations apply.

10.4. Severability Clause (Salvatorische Klausel): Should any individual provision of these Terms be or become legally invalid, ineffective, or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall remain completely unaffected.