General conditions:

General business terms and conditions(T&Cs)

§ 1 SCOPE

1. The following terms and conditions are expressly included for all orders, offers, deliveries and services carried out by the photographer and/or her vicarious agents (assistants/employees) together with extensions of this contract.
2. Unless otherwise agreed, theT&Cs will also apply to all future orders of the Customer.
3. The basis of the contract is the Photographer’s respective offer, in which all agreed services are specified, as well as the remuneration. These Photographer offers are subject to change and are non-binding.
4. If the Customer wishes to oppose theT&Cs, this must be declared in writing within three working days.
5. The Contracting Parties agree that only these Photographer’s T&Cs apply. Any customer terms and conditions do not apply. If the contracting parties have concluded divergent agreements, which have been established in writing, these will prevail over theseT&Cs
6. For the purposes of these T&Cs, “photographs” mean all products produced by the photographer, regardless of the technical form or medium in which they were created or are available (this includes, in particular, images on paper, images on canvas, images in digitized format on CD/DVD or other storage media, slide positives, negatives and any image material produced with the respective camera used, etc.).

§ 2 ORDER

1. The Client acknowledges that the photograph provided by the Photographer is a photographic work protected by copyright within the meaning of § 2 paragraph 1 no. 5 of the Copyright Law.

2. The Client will only receive images edited in high resolution in JPG format. Sending raw digital data (RAW) is excluded. Storage of digital image data is not part of the order.

Therefore, storage is provided without warranty. The minimum number will be determined by the offer confirmation.

3. The Client must ensure that the Photographer has all the information necessary to carry out the task in a timely manner.
4. In the case of photographs of people and objects in which third-party copyrights, property rights or other third-party rights exist, the Customer is obliged to obtain the consent of the people portrayed and the holders of rights necessary for the production and use of the images.
5. Complaints regarding the content of the delivered shipment or the content, quality or condition of the image material must be reported within 7 days of receipt. After the deadline, the photos are considered accepted in accordance with the contract and free from defects.

§ 3 USE AND COPYRIGHT

1. The Photographer is entitled to the exclusive copyright of all photographs taken within the scope of the respective order. Under copyright law, copyright is not transferable.
2. Upon first request, the Contractor will transfer a simple right to use the Photos to the Client. This includes private, non-commercial use only. Any modification, further processing (e.g. by photo composition, montage or by electronic means to create a new copyrighted work) of the delivered photos requires the express permission of the Photographer. The same applies to the transfer of usage rights to third parties, which the Customer is generally not authorized to do.
3. Any commercial/commercial use of the photographic works retrospectively – regardless of the form in this case – by the Client himself or by third parties can only occur with the prior written consent of the photographer. This also applies to image files that have been digitally or otherwise altered or disposed of by the customer or third parties.
4. If the Photographer authorizes the use of the photographs, she can request her name as the author of the photograph. If he makes use of this right, the violation of the right of attribution entitles the photographer to compensation.
5. In case of unauthorized use, reproduction or disclosure of image material for commercial purposes (in particular in case of unauthorized use, use, reproduction or disclosure of image material for commercial purposes (in particular in case of use without the consent of the photographer and which exceeds the rights granted to the Client), a contractual penalty will be paid in the amount of five times the usage fee for each individual case. The photographer expressly reserves the right to assert other claims for compensation.
6. The sanctions provided for in the case of transfer of usage rights do not create any usage rights.
7. Individual deviations from usage rights and copyrights and special conditions for contemporary history persons must be agreed in writing.
8. If the publication option has been chosen, the photographer as author of the image reserves the right to grant rights to use the copyright of the photos and pictorial representations to third parties in Germany and abroad, as well as to exercise ancillary and consequential.

§ 3 PAYMENT TERMS AND PRICES

1. All prices include the currently legal VAT of 19%.
2. We reserve the right to change prices for repeat orders and future orders, with the exception of binding orders that form part of the contract.
3. Reservation fee: amount of €50 must be paid by bank transfer or payment via Paypal + 3% additional fee, after sending the contract. The value of the booking fee will be deducted from the total cost of the photo shoot.
4. If the Contractor cancels the purchase of products/services, in the event of unforeseeable circumstances or force majeure, and it is not possible to reschedule a new date for the photo shoot, the prepayment amount of €50 relating to the reservation will not be reimbursed, thus making the parties even.
5. The invoice for the cost of the photo shoot must be paid in full on the day of the photo shoot. Until the purchase price has been paid in full, the photos and digital files delivered remain the property of the photographer. Likewise, all rights to the photos remain with the photographer.
6. Payment can be made in cash, bank transfer, via Paypal + 3% additional fee, debit or credit card at the studio. The Client may only offset the Photographer’s claims if the Client’s counterclaim is indisputable or if there is a legally binding title.

§ 5 REMUNERATION & INVOICING

(1) A fee including VAT will be charged for the production of photos.

(2) Work or extensions in excess of the respective order (unless part of an additional option) will be charged based on hours worked.

(3) If, for reasons for which the Photographer or her vicarious agent is not responsible, the time allotted for carrying out the work is significantly exceeded or extended at the request of the Client, Photographer’s fee will be increased in accordance with the additional time required , as long as a fixed price has been agreed based on a period of time. If a time rate has been agreed, the Photographer will also receive the agreed hourly or daily rate for waiting time unless the Client can prove that the Photographer has not suffered any damage.

§ 6 LIABILITY, EXCLUSION OF LIABILITY AND TRANSFER OF RISK

1. The Photographer is only responsible for damages of any nature to herself and her agents in the case of intent and gross negligence. This does not apply to damages resulting from harm to life, limb or health, as well as non-compliance with essential contractual obligations that he or his agents have negligently caused.
2. The Photographer does not assume any responsibility for the violation of the rights of the people or objects portrayed.
3. The Photographer will only be responsible for damage or loss of/to negatives or digital image data in case of intent and gross negligence up to a maximum of the value of the booked package.
4. The Photographer is not responsible for damages, defects or losses caused by subcontractors or suppliers who provide their services on their own.
5. Photo delivery dates are only binding if they have been expressly confirmed by the Photographer.

The Photographer is only responsible for exceeding the deadline in cases of intent and gross negligence.

6. The organization and allocation of reserves, as well as the execution of commissioned work are carried out with the greatest possible care. If, however, due to circumstances for which the Photographer is not responsible (e.g. force majeure circumstances, sudden illness, traffic accident, environmental influences, traffic interruptions, etc.), the Photographer does not attend the photo session agreed or fails to meet the agreed delivery dates, customers cannot assert any damage claims for any resulting damages, consequences or additional costs. In this case, however, the Photographer undertakes to refund the deposit paid in each case to the client.
7. If the Photographer is absent at short notice due to the above-mentioned circumstances of force majeure, and if the Photographer is able to do so due to such circumstances, the Photographer will endeavor, if desired by the Client, to recommend a replacement Photographer which will provide its services on its own. This does not give rise to a claim for a replacement photographer.
8. We expressly do not accept any additional costs incurred by booking a substitute or third party photographer.
9. From the moment the image material is properly delivered, the Customer is responsible for its proper use.

10.The Photographer is responsible for the light resistance and durability of the photos only within the scope of the warranty provided by the manufacturers of the photographic material. The Photographer assumes no responsibility for discoloration in the fold area and on the front and back of photos and photo albums.

§ 7 TERMINATION

1. The customer has the right to terminate the contract up to 14 days before the test date.

Effective declaration of withdrawal from a personal telephone conversation or an email to: [email protected]

Withdrawal becomes effective upon verbal or written confirmation (by email) from the Photographer.

Exceptions are a verifiable case of illness (especially in pregnant women or newborns) or death (in the family).

A review/test of the situation is at the discretion of the Photographer.

If a Customer cancels the appointment at short notice for no apparent reason, the basic package amount of €300 will be charged.

§ 8 EXCLUSIVITY AND POWERS

1. The Photographer is free to design the image, as well as the artistic-technical design. Complaints in this regard are excluded.

§ 9 DATA PROTECTION AND DATA COLLECTION

1. The collection, storage and processing of data are necessary for the performance of the contract.
2. Customers agree that personal data necessary for business transactions and ordering will be collected, processed and stored.
3. The Photographer must ensure that personal data is collected, stored and processed only to the extent necessary

– for the provision of services in accordance with the contract, and

– for the purposes of executing the contract,

– contractual and pre-contractual obligations, and

– to protect our own legitimate business interests as necessary and permitted by law or mandated by law.

4. The Photographer will treat personal data confidentially and in accordance with the provisions of applicable data protection law and will not disclose it to third parties, unless this is necessary to fulfill contractual obligations (e.g. online galleries, photo albums, printed materials, etc.) and/or there is a legal obligation to transmit them to third parties.
5. Personal data will be deleted after 10 years, as soon as they are no longer necessary for the purposes of their processing, reordering and marketing and to the extent that there is no legal obligation to retain them.
6. It is possible to obtain information about all customer personal data free of charge. For questions and requests for deletion, correction or blocking of personal data, as well as collection, processing and use, the client can contact the Photographer and make a request.

§ 10 FINAL PROVISIONS

1. Verbal agreements ancillary to the contract do not exist at the time the contract is concluded and, if subsequently intended, must be made in writing to be effective.
2. The law of the Federal Republic of Germany applies.
3. The place of performance and jurisdiction is the registered office of the Photographer, unless another place of jurisdiction is prescribed by law.
4. In the event that the Client does not have a place of jurisdiction in the Federal Republic of Germany or moves its registered office or habitual residence abroad after the conclusion of the contract, the Photographer’s place of business is agreed as the place of jurisdiction.
5. This website is multilingual. In the event of translation errors or ambiguities, the German language version applies
   6. If individual provisions of these General Terms and Conditions are or become legally invalid, this will not affect the validity of the entire contract. They must then be interpreted in good faith or supplemented or replaced by new legal provisions.