Terms and Conditions
Terms of Service
The following general terms and conditions (hereinafter referred to as "GTC") apply to all orders placed with the photographer. They are considered agreed if they are not immediately objected to. If the customer wants to contradict the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Different terms and conditions of the customer are not valid unless the photographer accepts them in writing
“Photographs” in the sense of these terms and conditions are all products manufactured by the photographer, regardless of the form or medium in which they were created or available. (Data on CD, specialist prints, etc.)
The copyright of the photos always lies with the photographer.
The photographs produced by the photographer are basically only intended for the client's own private use, unless this has been expressly agreed otherwise in writing.
If the photographer transfers rights of use to his works, unless otherwise expressly agreed, only the simple right of use is transferred; the transfer of rights of use requires a special agreement.
The usage rights are only transferred to the photographer after full payment of the fee.
The client has no right to reproduce and distribute the photograph unless the appropriate rights of use have been transferred.
When using the photographs in online and print media (for private use), the photographer must be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.
The raw data remains with the photographer. The raw data (unprocessed images) are never released to the client.
III. Remuneration, retention of title
For the production of the photos, a fee is charged as an hourly rate, daily rate or an agreed flat rate, incidental costs such as travel expenses, expenses, props, studio rentals etc. are to be borne by the client unless otherwise agreed.
As far as the photographer makes cost estimates, these are non-binding. If costs increase during production, they must be reported by the photographer. If the planned production time is exceeded for reasons for which the photographer is not responsible, additional remuneration must be paid on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.
Payment is made by invoice or, in exceptional cases, in cash.
When making an appointment, a down payment of 20% or in accordance with a separate agreement with the photographer is due.
Due invoices are payable immediately and without deduction. The customer will be in default if he does not pay due invoices at the latest 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment. The photographer reserves the right to cause the delay by issuing a reminder that is due after the due date.
The delivered photos remain the property and in the hands of the photographer until the purchase price has been paid in full.
The photographer is only liable for himself and his vicarious agents for the violation of duties that are not directly related to essential contractual duties in the event of intent and gross negligence. He is also liable for damage resulting from injury to life, limb or health as well as from the violation of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. The photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of intent and gross negligence.
The photographer keeps the data carefully. He is entitled, but not obliged, to destroy the data he has stored three years after the end of the order.
The photographer is only liable for the lightfastness and durability of the photos within the scope of the guarantee provided by the manufacturer of the photographic material.
The sending and returning of files, images and templates takes place at the expense and risk of the client.
V. Performance disruption, default fee
After pre-sorting, the photographer provides the client with a password-protected online gallery for 14 days, in which the client can select the appropriate photos for processing.
After the selection has been made, the photographs are completely processed by the photographer. The photographer undertakes to complete the order as soon as possible and to send the photographs to the client.
If the client cancels the photographer's booking, the photographer is entitled to a cancellation fee. This is calculated as follows: Cancellation from the 15th day after the contract: 25%; Cancellation 3 to 7 days before the booked appointment 50%; from 2 days 100% of the agreed total, even if no down payment has been made.
The client's personal data required for business transactions can be stored. The photographer undertakes to treat information that has become known as part of the order as confidential.
VII. Image processing
The client knows the photographic and creative style of the photographer and is aware that his photographs are processed in a similar style.
The subsequent processing of photographs by the photographer and their duplication and distribution, including recoloring in black and white or sepia, subsequent color processing, and the creation of collages is not permitted unless a separate agreement has been made.
The client is obliged to make electronic links to photos of the photographer on the Internet so that the photographer as the author of the pictures is clearly and uniquely identifiable.
VIII. Delivery times and complaints
The photographer usually delivers his work within 3 working weeks after the customer has received the selection of pictures. Rush hours can cause delays. These operational delays as well as delays due to force majeure, operational disruptions, delays on the part of the laboratory or its transport company etc. do not constitute grounds for complaint. The photographer is only liable for exceeding the deadline in the event of intent and gross negligence.
All work is carried out by the photographer with the greatest possible care and to the best of our ability or passed on to other companies. Complaints about obvious defects must be made in writing within 7 days. However, recognition is only possible upon submission of the objectionable work. When reordering, there may be color differences compared to the original or the first pictures. This does not justify a complaint.
If digitally acquired photographs are developed / printed by the client on their own responsibility, the photographer assumes no liability for the quality of the results. Color correct prints can be purchased from the photographer.
IX. Final provisions
Place of performance for all obligations from the contractual relationship is Karlsfeld.
X. Severability clause
Insofar as conditions of the general terms and conditions listed above are or become ineffective in whole or in part, the remaining conditions remain effective. The ineffective condition is replaced by the legal regulation.