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Conditions

Terms of Service

General

  1. The following general terms and conditions (hereinafter referred to as "GTC") apply to all orders placed with the photographer. They are deemed to have been agreed if they are not contradicted immediately. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing

  2. "Photographs" within the meaning of these terms and conditions are all products produced by the photographer, regardless of the form or medium they were created or are available on. (Data on CD, technical prints, etc.)

II. Copyright

  1. The copyright of the photographs always lies with the photographer.

  2. The photographs produced by the photographer are only intended for the client's own private use, unless expressly agreed otherwise in writing_cc781905-5cde-3194-bb3b-136bad5cf58d.

  3. If the photographer transfers rights of use to his works, unless expressly agreed otherwise, only the simple right of use is transferred in each case; a transfer of rights of use requires a special agreement.

  4. The rights of use are only transferred to the photographer after full payment of the fee.

  5. The client has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred .

  6. When using the photographs in online and print media (for private use)  the photographer is to be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.

  7. The raw data remain with the photographer. In principle, the raw data (unprocessed images) are not handed over to the client.

III. Remuneration, retention of title

  1. A fee is charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate. Additional costs such as travel expenses, expenses, props, studio rentals etc. are to be borne by the client unless otherwise agreed.

  2. Insofar as the photographer creates cost estimates, these are non-binding. If costs increase during production, these must be reported by the photographer. If the planned production time is exceeded for reasons for which the photographer is not responsible, additional remuneration based on the agreed time fee or in the form of an appropriate increase in the flat fee is to be paid.

  3. Payment is by invoice.

  4. When making an appointment, a deposit of 20% is due.

  5. Due invoices are to be paid immediately and without deduction. The customer is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to bring about the delay at an earlier point in time by issuing a reminder that is received after the due date.

  6. The supplied photographs remain the property and in the hands of the photographer until the purchase price has been paid in full.

IV. Liability

  1. The photographer is liable for himself and his vicarious agents  only in the event of intent and gross negligence for the violation of obligations that are not directly related  to essential contractual obligations. He is also liable for damage resulting from injury to life, limb or health, as well as from the breach of essential contractual obligations, which he or his vicarious agents  caused by culpable breaches of duty . The photographer is only liable for damage to objects to be photographed , templates, films, displays, layouts, negatives or data in the event of intent and gross negligence.

  2. The photographer stores the data carefully. He is entitled, but not obliged, to destroy the data he has stored three years after the end of the order.

  3. The photographer is liable for light resistance and durability of the photographs only within the framework of the guarantee provided by the manufacturer of the photographic material.

  4. Files, images and templates are sent and returned at the expense and risk of the client.

V. Default, cancellation fee

  1. 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 photographs for processing.

  2. After the selection has been made, the photographs are fully processed by the photographer. The photographer undertakes to complete the order as soon as possible  and to send the photographs to the client .

  3. 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 agreement: 25%; Cancellation 3 to 7 days before the booked date 50%; From 2 days 100% of the agreed total amount, even if no deposit has been made .

VI. privacy

Personal data of the client required for business transactions can be stored. The photographer undertakes to treat information that has become known as part of the order  confidentially.

VII. Image processing

  1. The customer knows the photographic  and creative style of the photographer and is aware that his photographs are processed in a similar style.

  2. The subsequent processing of photographs by the photographer and their duplication and distribution, including recoloring to black and white or sepia, subsequent color processing, and the creation of collages is not permitted unless a separate agreement_cc781905 -5cde-3194-bb3b-136bad5cf58d_met.

  3. The client is obliged to create electronic links to the photographer's photos on the Internet in such a way that the photographer is clearly and unambiguously identifiable as the author of the photos.

VIII. Delivery times and complaints

  1. The photographer usually delivers his work within 3 working weeks. A delivery time of 6-8 weeks applies to wedding reports. There may be delays due to peak times.  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 a reason for complaint_cc781905- 5cde-3194-bb3b-136bad5cf58d_dar. The photographer is liable for exceeding the deadline  only in the case of intent  and gross negligence.

  2. All work is carried out by the photographer with the greatest possible care and to the best of his ability or passed on to other companies. Reklamationen bei offensichtlichen Mängeln müssen innerhalb von 7 Tagen schriftlich geltend gemacht werden. Eine Anerkennung_cc781905-5cde-3194- However, bb3b-136bad5cf58d_is only possible upon submission of the work complained about. When reordering, there may be differences in color compared to the template or the first images. A complaint is hereby not justified.

  3. If digitally acquired photographs are developed/printed by the client on his own responsibility, the photographer assumes no liability for the quality of the results. Color correct prints can be purchased from the photographer.

IX. Return Policy Downloads

  1. When you buy the presets, they will be made available before the 14-day return period has expired. The customer expressly agrees to this. A return is therefore no longer possible after downloading the presets.

X. Final Provisions

Place of performance for all obligations from the contractual relationship is Bochum.

XI. Severability Clause

Insofar as conditions of the general terms and conditions listed above are or become invalid in whole or in part, the remaining conditions are still effective. The ineffective condition is replaced by the statutory regulation.

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