AGB | Herzensbild
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Conditions

IGeneral

  1. The following general terms and conditions (hereinafter referred to as “GTC”) apply to all orders placed with the photographer/videographer. 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/videographer acknowledges them in writing

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

II. Copyright

  1. The copyright of the photographs/moving images always lies with the photographer/videographer.

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

  3. If the photographer/videographer 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/videographer after full payment of the fee.

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

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

  7. The raw data remain with the photographer/videographer. 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/moving images 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/videographer creates cost estimates, these are non-binding. If costs increase during production, these must be reported by the photographer/videographer. If the planned production time is exceeded for reasons for which the photographer/videographer is not responsible, additional remuneration based on the agreed time fee or in the form of an appropriate increase in the flat-rate fee must 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/videographer reserves the right to bring about the delay at an earlier point in time by issuing a reminder after the due date.

  6. Until the purchase price has been paid in full, the photos and moving images supplied remain the property and in the hands of the photographer/videographer.

V. Default, cancellation fee

  1. After pre-sorting and post-processing, the photographer/videographer provides the client with a password-protected online gallery for 28 days to download, from which the client can download the finished data digitally.

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

  3. If the client cancels the photographer/videographer booking, the photographer/videographer 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 down payment has been made.

VI. privacy

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

VII. Image processing

  1. The client knows the photographic/videographic and image design style of the photographer/videographer and is aware that his/her photographs/moving images are processed in a similar style.

  2. Subsequent processing of photographs/moving images by the photographer/videographer 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 has been made.

  3. In the case of photographs/moving images of the photographer/videographer, the customer is obliged to create electronic links on the Internet in such a way that the photographer/videographer can be clearly and unambiguously identified as the author of the images/videos.

VIII. Delivery times and complaints

  1. The photographer/videographer usually delivers his work within 4 working weeks. 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. The photographer/videographer is liable for Exceeding deadlines only in the case of intent and gross negligence.

  2. All work is carried out by the photographer/videographer with the greatest possible care and to the best of their ability or passed on to other companies. Complaints about obvious defects must be made in writing within 7 days. However, recognition is only possible if the work complained about is presented. .

  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

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

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

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XI. Severability Clause

Insofar as provisions of the General Terms and Conditions listed above are or become invalid in whole or in part, the remaining provisions shall continue to be effective. The ineffective condition is replaced by the statutory regulation.

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