AgeneralGbusinessBTerms and conditions (General Terms and Conditions)
1 - Scope
The following terms and conditions apply exclusively to all business relationships between the parties. Any conflicting terms and conditions of the respective customer, hereinafter referred to as "client", do not apply unless Jörg Panten - a.pertura Fotografie, hereinafter referred to as "contractor", has expressly agreed to their validity.
For the purposes of these terms and conditions, "photographs" refers to all analog or digital products created by the contractor, regardless of the technical form or medium in which they were created or exist. This includes printed or exposed paper images, printed or exposed images in photo books, digital images in online galleries, and images and videos stored on other data carriers.
2 - Conclusion of contract
A contract within the meaning of the German Civil Code (BGB) is concluded as soon as a binding date has been agreed between the parties.
3 - Payment
Immediately after signing the contract, a deposit of 40% of the agreed fee is due to be paid into a bank account designated by the contractor or via a payment service (PayPal, Western Union, Postbank, etc.). The remaining balance is payable in cash on the agreed date.
4 – Resignation and its consequences
a) Up to 14 days before the appointment:
Refund of the deposit.
b) Up to 6 days before the appointment:
Deposit is forfeited (but the booking can be transferred to another person)
c) 5 days before the agreed date or later:
The full price agreed upon in the contract is payable. The same applies in case of no-show. (The booking can also be transferred to another person.)
The client must confirm the appointment in writing (WhatsApp, SMS, e-mail) at the contractor's request no later than 24 hours before the agreed date.
If the client does not respond, the appointment will be cancelled. In this case, there is no entitlement to performance of the service by the contractor, and the agreed fee is payable in full.
In the event of cancellation by the contractor, the deposit will be refunded in any case.
5 - Obligations of the client
The client is responsible for ensuring that the contractor receives all information necessary for the execution of the order in a timely manner. The client must also ensure that photography is permitted at the respective locations. Any waiting time incurred by the contractor due to photography restrictions will be considered working time.
The client is advised that photographs are always subject to the artistic discretion of the photographer. Complaints and/or claims regarding the photographer's artistic discretion, the shooting location, and the optical and technical equipment used are therefore excluded. Subsequent change requests from the client require a separate agreement and commission and may be subject to additional charges.
The client bears the risk for all circumstances that are not the responsibility of the contractor (weather allowances for outdoor shoots, timely provision of products, availability of props insofar as their procurement is the responsibility of the client, travel restrictions, non-appearance of announced representatives of the client, etc.).
The contractor is obligated to provide the services offered. The contractor works as a sole photographer without employees. The contractor will photograph within the scope of the client's photo production, as contractually agreed.
The contractor is obligated to provide the photos in a common file format (e.g., JPEG). The client has no right to receive files in RAW format.
The contractor shall hand over the photos to the client no later than two weeks after the photo shoot.
6 – Image editing and image rights
The contractor will edit the photos according to the client's specifications. Should these specifications not be met as desired, the client has the right to request revisions from the contractor. If these revisions also fail to achieve the client's desired result, the contractor is not obligated to make further revisions, citing the artistic freedom afforded to the contractor and the following paragraph.
The photos are edited using current Photoshop software in the standard RGB color space on a monitor specifically calibrated for image editing. Complaints regarding color, brightness, contrast, etc., are excluded, as these are due to the varying quality of display media (smartphone screens, laptop monitors, etc.) and, of course, the different perceptions and color sensibilities of individual viewers. The same applies to "dislikes" (such as proportions, size, and/or dimensions of bodies or body parts), as these are purely subjective and cannot be objectively verified.
The client acquires sole image and usage rights to the resulting photographs only after full payment of the fee. The provisions of copyright law apply.
The photographs produced by the contractor are generally intended for the client's personal use only. If the contractor transfers rights of use to their works, then – unless expressly agreed otherwise – only a simple right of use is transferred in each case. Any further transfer of rights of use requires a separate agreement.
The purchaser of a photograph within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act (UrhG) is expressly waived.
When the photographs are used, the contractor, unless otherwise agreed, has the right to be named as the author of the photograph. Violation of the right to attribution entitles the contractor to damages.
The RAW files remain with the contractor. They will only be released to the client by separate agreement.
The contractor may use the photos from the photo production for self-promotion and editorial purposes (e.g., for exhibitions, trade fairs, homepage, blog, photography magazines, etc.), unless the client expressly does not consent to the use of the photos for self-promotion.
7 - Liability
1. The contractor shall be liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
2. In all other cases, the contractor shall be liable – unless otherwise stipulated in clause 7.3 of these General Terms and Conditions – only for breaches of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the client may therefore regularly rely (so-called cardinal obligations). In all other cases, the contractor's liability is excluded, subject to the provisions of clause 7.3 of these General Terms and Conditions.
3. To the extent that the contractor is liable in principle pursuant to clause 7.1 of these General Terms and Conditions, this liability is limited to damages that the contractor foresaw, or should have foreseen, as a possible consequence of a breach of contract at the time of conclusion of the contract, by exercising due diligence. Indirect and consequential damages resulting from defects in the subject matter of the contract are only recoverable to the extent that such damages are typically to be expected when the subject matter of the contract is used as intended.
4. The contractor's liability for damages resulting from injury to life, body or health and under the Product Liability Act remains excluded by the above clauses 7.1 to 7.3 of these General Terms and Conditions.
5. Liability for damages for initial defects without fault pursuant to Section 536a Paragraph 1 of the German Civil Code (BGB) is excluded.
8 - Text form
Amendments and modifications to the agreements reached between the parties, including these General Terms and Conditions, require written form to be effective. The precedence of individual agreements remains unaffected.
9 - Applicable Law
German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
The place of performance for all services arising from the business relationship between the parties is Ahrensburg. The place of jurisdiction is Ahrensburg, unless the client is a consumer. The same applies if the client has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
These terms and conditions will come into effect on 01.02.2020 and will replace all previous versions.
Ageneral
Gbusiness-
BTerms and conditions (General Terms and Conditions)
1 - Scope
The following terms and conditions apply exclusively to all business relationships between the parties. Any conflicting terms and conditions of the respective customer, hereinafter referred to as "client", do not apply unless Jörg Panten - a.pertura Fotografie, hereinafter referred to as "contractor", has expressly agreed to their validity.
For the purposes of these terms and conditions, "photographs" refers to all analog or digital products created by the contractor, regardless of the technical form or medium in which they were created or exist. This includes printed or exposed paper images, printed or exposed images in photo books, digital images in online galleries, and images and videos stored on other data carriers.
2 - Conclusion of contract
A contract within the meaning of the German Civil Code (BGB) is concluded as soon as a binding date has been agreed between the parties.
3 - Payment
Immediately after signing the contract, a deposit of 40% of the agreed fee is due to be paid into a bank account designated by the contractor or via a payment service (PayPal, Western Union, Postbank, etc.). The remaining balance is payable in cash on the agreed date.
4 – Resignation and its consequences
a) Up to 14 days before the appointment:
Refund of the deposit.
b) Up to 6 days before the appointment:
Deposit is forfeited (but the booking can be transferred to another person)
c) 5 days before the agreed date or later:
The full price agreed upon in the contract is payable. The same applies in case of no-show. (The booking can also be transferred to another person.)
The client must confirm the appointment in writing (WhatsApp, SMS, e-mail) at the contractor's request no later than 24 hours before the agreed date.
If the client does not respond, the appointment will be cancelled. In this case, there is no entitlement to performance of the service by the contractor, and the agreed fee is payable in full.
In the event of cancellation by the contractor, the deposit will be refunded in any case.
5 - Obligations of the client
The client is responsible for ensuring that the contractor receives all information necessary for the execution of the order in a timely manner. The client must also ensure that photography is permitted at the respective locations. Any waiting time incurred by the contractor due to photography restrictions will be considered working time.
The client is advised that photographs are always subject to the artistic discretion of the photographer. Complaints and/or claims regarding the photographer's artistic discretion, the shooting location, and the optical and technical equipment used are therefore excluded. Subsequent change requests from the client require a separate agreement and commission and may be subject to additional charges.
The client bears the risk for all circumstances that are not the responsibility of the contractor (weather allowances for outdoor shoots, timely provision of products, availability of props insofar as their procurement is the responsibility of the client, travel restrictions, non-appearance of announced representatives of the client, etc.).
The contractor is obligated to provide the services offered. The contractor works as a sole photographer without employees. The contractor will photograph within the scope of the client's photo production, as contractually agreed.
The contractor is obligated to provide the photos in a common file format (e.g., JPEG). The client has no right to receive files in RAW format.
The contractor shall hand over the photos to the client no later than two weeks after the photo shoot.
6 – Image editing and image rights
The contractor will edit the photos according to the client's specifications. Should these specifications not be met as desired, the client has the right to request revisions from the contractor. If these revisions also fail to achieve the client's desired result, the contractor is not obligated to make further revisions, citing the artistic freedom afforded to the contractor and the following paragraph.
The photos are edited using current Photoshop software in the standard RGB color space on a monitor specifically calibrated for image editing. Complaints regarding color, brightness, contrast, etc., are excluded, as these are due to the varying quality of display media (smartphone screens, laptop monitors, etc.) and, of course, the different perceptions and color sensibilities of individual viewers. The same applies to "dislikes" (such as proportions, size, and/or dimensions of bodies or body parts), as these are purely subjective and cannot be objectively verified.
The client acquires sole image and usage rights to the resulting photographs only after full payment of the fee. The provisions of copyright law apply.
The photographs produced by the contractor are generally intended for the client's personal use only. If the contractor transfers rights of use to their works, then – unless expressly agreed otherwise – only a simple right of use is transferred in each case. Any further transfer of rights of use requires a separate agreement.
The purchaser of a photograph within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act (UrhG) is expressly waived.
When the photographs are used, the contractor, unless otherwise agreed, has the right to be named as the author of the photograph. Violation of the right to attribution entitles the contractor to damages.
The RAW files remain with the contractor. They will only be released to the client by separate agreement.
The contractor may use the photos from the photo production for self-promotion and editorial purposes (e.g., for exhibitions, trade fairs, homepage, blog, photography magazines, etc.), unless the client expressly does not consent to the use of the photos for self-promotion.
7 - Liability
1. The contractor shall be liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
2. In all other cases, the contractor shall be liable – unless otherwise stipulated in clause 7.3 of these General Terms and Conditions – only for breaches of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the client may therefore regularly rely (so-called cardinal obligations). In all other cases, the contractor's liability is excluded, subject to the provisions of clause 7.3 of these General Terms and Conditions.
3. To the extent that the contractor is liable in principle pursuant to clause 7.1 of these General Terms and Conditions, this liability is limited to damages that the contractor foresaw, or should have foreseen, as a possible consequence of a breach of contract at the time of conclusion of the contract, by exercising due diligence. Indirect and consequential damages resulting from defects in the subject matter of the contract are only recoverable to the extent that such damages are typically to be expected when the subject matter of the contract is used as intended.
4. The contractor's liability for damages resulting from injury to life, body or health and under the Product Liability Act remains excluded by the above clauses 7.1 to 7.3 of these General Terms and Conditions.
5. Liability for damages for initial defects without fault pursuant to Section 536a Paragraph 1 of the German Civil Code (BGB) is excluded.
8 - Text form
Amendments and modifications to the agreements reached between the parties, including these General Terms and Conditions, require written form to be effective. The precedence of individual agreements remains unaffected.
9 - Applicable Law
German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
The place of performance for all services arising from the business relationship between the parties is Ahrensburg. The place of jurisdiction is Ahrensburg, unless the client is a consumer. The same applies if the client has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
These terms and conditions will come into effect on 01.02.2020 and will replace all previous versions.