terms of service

Updated: 12.05.2018
Version 1.3

I. General
1. The following terms and conditions are part of the contract between photography Verena Schäfer, Erlenweg 1 in 65558 Holzheim and the customer, as well as their legal successors.
2. The following terms and conditions apply to all orders placed with the photographer. They are considered as agreed if they are not immediately contradicted.
3. “Photographs” in the sense of these terms and conditions are all products manufactured by the photographer, no matter in which technical form or in which medium they were created or are available. (Negatives, slide positives, paper pictures, still videos, electronic still pictures in digitized form, videos etc.)
II. Copyright
1. The photographer is entitled to copyright on the photographs in accordance with copyright law.
2. Photographs made by the photographer are only intended for the client’s own use.
3. If the photographer transfers rights of use to his works, unless otherwise expressly agreed, only the simple right of use is transferred. A transfer of rights of use requires the special agreement.
4. The rights of use will only be transferred after full payment of the fee to the photographer.
5. The purchaser of a picture within the meaning of § 60 UrhG has no right to reproduce and distribute the photograph, unless the corresponding rights of use have been transferred. § 60 UrhG is expressly waived.
6. When using the photographs, the photographer may, unless otherwise agreed, require to be named as the author of the photo. A violation of the right to name entitles the photographer to compensation.
7. Negative / RAW data remains with the photographer. A release of the negatives to the client takes place only with a separate agreement.

III. Remuneration, retention of title
1. Photo shoots are paid in cash on the day of the shoot. The purchase price of goods becomes due immediately upon conclusion of the contract, payable in cash or in advance.
2. For the production of the photographs, a fee is calculated as an hourly rate, daily rate or agreed flat rate plus VAT; Additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) are to be borne by the client. Compared to end consumers, the photographer shows the final prices incl. VAT.
3. Due invoices are payable within 14 days without deduction. The customer shall be in default if he does not pay due invoices within 14 (fourteen) days after receipt of an invoice or equivalent request for payment. The photographer reserves the right to bring about the delay by issuing a reminder sent after the due date at an earlier point in time.
4. Until the purchase price has been paid in full, the supplied photographs / goods remain the property of the photographer.
5. If the client has not given the photographer explicit instructions with regard to the design of the photographs, complaints regarding the image concept as well as the artistic-technical design are excluded. If the client wishes to make changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to compensation for work already started.
IV. Liability
1. For the breach of obligations that are not directly related to essential contractual obligations, the photographer is liable for himself and his vicarious agents only in cases of intent and gross negligence. He is also liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations, which he or his vicarious agents have caused through culpable breaches of duty. For damage to objects, templates, films, displays, layouts, negatives or data, the photographer is liable – unless otherwise agreed – only in cases of intent and gross negligence.
2. The photographer keeps the negatives / RAWs carefully. He is entitled, but not obliged, to destroy negatives / RAWs held by him after three years from the completion of the assignment. Before the destruction, he notifies the client and offers him the negatives / RAWs for sale.
3. The photographer is liable for light stability and durability of the photographs only within the warranty of the manufacturer of the photographic material.
4. The sending and return of films, images and templates is at the expense and risk of the client. The client can determine how and by

V. secondary duties
1. The client assures that he has the rights of reproduction and distribution of all documents handed over to the photographer as well as the consent of the persons depicted for personal portraits to publication, copying and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the customer.
2. The client undertakes to make the objects available in good time and to pick them up immediately after taking them. If the client does not collect the objects to be photographed after two working days at the latest, the photographer is entitled to charge storage costs if necessary or to outsource the objects at the expense of the client if his studio space is blocked. Transport and storage costs are borne by the client.
VI. Disruption, cancellation fee

1. If the photographer leaves the client several photos to choose from, the client has the unselected photographs within a week of receipt – if no longer period has been agreed – at his own expense, and risk. For lost or damaged photographs, the photographer, if he is not responsible for the loss or damage, demand payment.
2. If the photographer leaves pictures to the client from an archive, the client must return the unselected pictures within one month of receipt by the client, the selected ones within one month of use. If the client defaults on the return, the photographer may demand a blocking fee of 1 (in words: one) Euro per day and image, unless the client proves that damage has not occurred or is lower than the lump sum. In the event of loss or damage, which excludes further use of the images, the photographer may demand compensation for damages. The damages shall be at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client proves that damage has not occurred or is lower than the lump sum. The assertion of a higher damage remains the photographer.
3. If the time stipulated for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the fee of the photographer shall be increased accordingly, provided that a flat rate was agreed. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting period, unless the client proves that the photographer has not suffered any damage. In the case of intent or negligence of the client, the photographer can also assert claims for damages.
4. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding the deadline only in cases of intent and gross negligence.

VII. Privacy Policy Article 13 DSGVO

Verena Schäfer, Erlenweg 1, 65558 Holzheim collects personal data of the client for the purpose of carrying out the contract, for the fulfillment of our contractual and pre-contractual obligations.

Data collection and processing is required for the performance of the contract and is based on Article 6 (1) (b) GDPR. A transfer of data to third parties does not take place. The data will be deleted as soon as they are no longer necessary for the purpose of their processing and insofar as this does not conflict with a statutory retention obligation. A free information about all personal data of the client is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the client may contact the following address: Fotografie Verena Schäfer, Erlenweg 1, 65558 Holzheim, mail@fotografie-diez.de.

VIII. Digital Photography
1. The digitization, storage and reproduction of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the photographer.
2. The transfer of rights of use does not include the right to store and reproduce, unless this right has been expressly assigned.
IX. image editing
1. The processing of photographs of the photographer and their duplication and distribution, analog or digital, requires the prior consent of the photographer. If a new work is created through photo composing, assembly or other electronic manipulation, this must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of § 8 UrhG.
2. The client is obliged to digitally store and copy photos of the photographer in such a way that the name of the photographer is electronically linked with the image data.
3. The client is obliged to make this electronic link so that it remains in every type of data transmission, on every display on screens, in all types of projections, especially in any public display, and the photographer as the author of the images and clear is clearly identifiable.
4. The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs when he places such an order. He indemnifies the photographer from all
X. Use and dissemination
1. The dissemination of photographs of the photographer on the Internet and in intranets, in online databases, in electronic archives, which are not intended solely for the internal use of the client, on floppy disk, CD-ROM or similar data carriers is only due to one special agreement between the photographer and the client.
2. The transfer of digitized photographs on the internet and in intranets and on data carriers and devices that are suitable for public display on screens or for the production of soft and hard copies, requires the prior written consent of the photographer.
3. The reproduction and distribution of edits made by the photographer electronically requires the prior written consent of the photographer.
4. The photographer is not obliged to hand over data media, files and data to the client, unless this has been expressly agreed in writing.
5. If the client wishes the photographer to provide him with data media, files and data, this must be agreed upon and paid separately.
6. If the photographer provided data carriers, files and data to the client, these may only be changed with the prior consent of the photographer.
7. The risk and costs of transporting data media, files and data online and offline lie with the client; The method of transmission can be determined by the contractor.

XI. Vouchers
1. A cash payment of the voucher is not possible.
2. Gift Vouchers can not be resold.
3. The voucher is credited on presentation and delivery of the gift voucher. This credit will be charged to the invoice amount on your invoice.
4. Vouchers can not be combined.
5. The use of the voucher is subject to German law. The legal process is excluded.
6. Vouchers are valid from the date of issue until 31.12. of the following year.
7. The terms and conditions for vouchers can be found at: Document for the “GTC for vouchers” complaints procedure

XII. contract
1. The offers on the website are a non-binding invitation to you to buy goods.
2. You can add one or more products to the shopping cart. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities etc. Only by clicking on the order button do you make a binding offer to conclude a sales contract. You can also submit a binding order by phone.
3. With the confirmation of receipt sent immediately by e-mail, acceptance of your offer will be declared at the same time and the purchase contract will be concluded. If you place an order by phone, the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.

XIII. Customer information: storage of your order data
1. Your order with details of the contract (for example, type of product, price, etc.) will be stored by us. We will send you the terms and conditions, but you can also access the terms and conditions after conclusion of the contract at any time via this website.
XIV. Customer Information: Correction Notice
1. You can correct your entries before submitting the order at any time with the deletion. We will inform you on the way through the ordering process about further correction options. You can also end the ordering process at any time by closing the browser window.

XV. Delivery, delivery times,

1. The ordered goods are, unless otherwise agreed by contract, delivered to the address specified by the customer. Photography Verena Schaefer reserves the right to make a partial delivery, if this seems to be advantageous for a speedy settlement.

2. All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are at the expense of the buyer.
3. If Photography Verena Schäfer incurs additional shipping costs due to the specification of a wrong delivery address or a wrong addressee, these costs shall be reimbursed by the customer unless he is not responsible for the misrepresentation.
4. The delivery within Germany takes place with Hermes or DPD.
5. The delivery time is up to 4 weeks from receipt of payment.
6. If the non-compliance of the delivery or performance times is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which Verena Schäfer is not responsible, the period shall be extended accordingly.
7. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods at the time of sale – regardless of whether the shipment is insured or uninsured – with the delivery of the goods to the consumer or a designated by him recipient. The transfer is the same if the customer is in default of acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods with the delivery of the goods to the carrier or the person or institution otherwise intended to carry out the shipment to the customer.
8. The items are always delivered in the fastest way possible. Should an article not be available or delayed, we will inform you at short notice by email or telephone. We have no influence on the transit time of the parcels by mail. To ensure that your ordered items arrive safely, they are packed with the utmost care.
9. The goods can also be picked up in the photo studio of photography Verena Schäfer, if so requested by the customer and noted.

XVI. Complaint / warranty / revocation
A. Cancellation policy for contracts for the delivery of goods
1. The buyer of goods is granted a 12-month warranty.
2. Obvious defects must be reported in writing and specified within 10 days after receipt of the goods. To exercise your right of withdrawal, you must me
Verena Schaefer
Fotografie Verena Schaefer
Erlenweg 1
65558 Holzheim
Telephone: 06432 646 8812
E-Mail: mail@fotgrafie-diez.de
by means of a clear statement (such as a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the model withdrawal form, which is not required.
3. Goods with personal dedication are excluded from exchange / revocation.
B. Cancellation policy for the provision of services (eg photo shootings)
1. The customer is advised that photos and photographs are always subject to the creative freedom of the photographer (for example, design, cut-out, color, etc.). Complaints and / or complaints regarding the artistic freedom of the photographer exercised are therefore excluded. Subsequent changes requested by the customer require a separate agreement and must be remunerated separately.

XVII. Consequences of the cancellation

1. Upon revocation, the buyer has to bear the direct costs of returning the goods. You must return the goods immediately and in any event not later than fourteen days from the date on which you inform about the revocation of this contract to Photography Verena Schäfer, Erlenweg 1, 65558 Holzheim. The refund will be made 14 days after receipt of the goods.

XVIII. platform for online dispute resolution

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at https://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

XIX. final provisions

The law of the Federal Republic of Germany. The place of fulfillment for all obligations arising from the contractual relationship is the registered office of the photographer, if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or a special fund under public law, the place of business of the photographer is the place of jurisdiction.

 

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