Conditions

Conditions

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 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. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing

  2. “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 are available. (Data on CD, specialist prints, etc.)

II. Copyright

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

  2. The photographs produced by the photographer are generally only intended for the client's own private use, unless expressly agreed otherwise in writing.

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

  4. The rights of use are only transferred to the photographer after the fee has been paid in full.

  5. The client has no right to reproduce and distribute the photo unless the appropriate rights of use have 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. The raw data (unprocessed images) are generally not released to the client.

III. Remuneration, retention of title

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

  2. Insofar as the photographer makes cost estimates, these are non-binding. If cost increases occur 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 is to be paid on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.

  3. Payment is made in cash or by invoice.

  4. Invoices that are due are to be paid immediately and without any deductions. The client 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 by issuing a reminder after the due date at an earlier point in time.

  5. The delivered 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 only liable for himself and his vicarious agents for breach of obligations that are not directly related to essential contractual obligations in the event of willful intent and gross negligence. He is also liable for damage resulting from injury to life, limb or health as well as from the breach 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 willful intent and gross negligence.

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

  3. The photographer is only liable for light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material.

  4. Sending and returning files, images and templates is at the expense and risk of the client.

V. Disruption of performance, cancellation fee

  1. After pre-sorting, the photographer sends the client a contact sheet as a PDF by email, in which the client can select the relevant photos for processing.

  2. After the selection has been made, the photographs are completely edited by the photographer. The photographer undertakes to complete the order as quickly as possible and to send the photographs to the client.

VI. data protection

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

VII. Image processing

  1. The client 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 reproduction and distribution, including re-coloring in b / w or sepia, subsequent color processing and the creation of collages is not permitted, unless a separate agreement has been made.

  3. The client is obliged to make electronic links to photographs of the photographer on the Internet in such a way that the photographer as the author of the images can be clearly and unambiguously identified.

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. Delays can occur 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 grounds for complaint. The photographer is only liable for exceeding deadlines in the event 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. Complaints in the case of obvious defects must be made in writing within 7 days. However, recognition is only possible if the thesis complained of is submitted. When re-ordering, there may be color differences compared to the original or the original images. This does not justify a complaint.

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

X. Final provisions

The place of performance for all obligations arising from the contractual relationship is Seeon.

XI. Severability clause

Insofar as conditions of the above general terms and conditions are or become wholly or partially ineffective, the remaining conditions continue to be effective. The ineffective condition will be replaced by the statutory regulation.