1. The General Terms and Conditions (GTCs) apply to all:
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(in short, the entrepreneur)
given orders. These are deemed to have been agreed if they are not immediately contradicted (see VIII.).
2. The entrepreneur is bound to his offers for 14 days.
3. After accepting the offer / placing the order, the customer is obliged to pay the agreed down payment (see III.2.).
4. Media within the meaning of these GTC are all products manufactured by the entrepreneur, regardless of the form and manner in which they were created or exist (analogue, digital, audio, technical prints, photos, graphics, text, video, etc.).
1. The entrepreneur is entitled to the copyright to the media in accordance with the Copyright Act.
2. The products manufactured by the entrepreneur are basically only intended for the client's own use and for all private purposes.
3. If the entrepreneur transfers rights of use to his works (e.g. for all commercial purposes), unless expressly agreed otherwise, only the simple right of use is transferred in each case. A transfer of rights of use requires a separate agreement.
4. The right of use is only transferred after full payment of the agreed fee.
5. The customer of a medium within the meaning of § 60 UrhG has no right to reproduce or distribute it if the corresponding rights of use have not been transferred.
6. When using media, the entrepreneur is to be named as the author, unless otherwise agreed. A violation of the right to be named entitles the entrepreneur to compensation.
7. The raw data (raw/mov files) remain with the entrepreneur. A handover to the customer only takes place on the basis of a separate agreement and additional payment.
III. Remuneration, retention of title
1. A fee will be charged for the production of the media as an hourly rate, daily fee or an agreed flat rate. Ancillary costs and other charges (artists' social security fund, travel expenses, expenses, etc.) are to be borne by the end consumer, the client.
2. Due invoices are to be paid immediately without deduction, at the latest within 14 days. The customer is in default if he does not pay due invoices within 14 days after receipt of the invoice or an equivalent request for payment.
3. The delivered media, goods and services remain the property of the entrepreneur until full payment has been made.
4. If the client has not given the entrepreneur any express instructions regarding the design of the media content, complaints regarding the image design and the artistic-technical design are excluded. In the case of digital recordings, the client sees the processed image on the monitor before it is passed on to the laboratory or the files are handed over. Later complaints are excluded.
1. 1. For the breach of obligations that are not directly related to essential contractual obligations, the entrepreneur is liable for himself and his vicarious agents only in the case of intent and gross negligence.
2. The entrepreneur keeps the raw data and digital data carefully, at least for 6 months. No claims for compensation are granted for illegibility of data after recording or archiving, due to non-grossly negligent handling by the entrepreneur or his employees. He is entitled, but not obliged, to destroy raw data and digital data 6 months after the end of the order. In general, no liability can be assumed for data loss during the archiving of the media. When the data is handed over, including all acquired rights of use, the client assumes the obligation for further archiving.
3. The entrepreneur is only liable for the lightfastness and durability of the media within the framework of the guarantee provided by the manufacturer of the material used.
4. Media are sent at the expense and risk of the customer.
5. The client assures that he has the right to reproduce and distribute all templates handed over to the entrepreneur and, in the case of portraits of people, the consent of the people depicted for publication, reproduction and distribution. Claims for compensation by third parties based on a breach of this obligation shall be borne by the customer.
6. Appointments made by the entrepreneur only relate to his own work. The entrepreneur is only liable for exceeding the deadline in the case of intent and gross negligence. External services, such as laboratory work and all external services that are provided externally by external companies, are not the responsibility of the entrepreneur.
7. Customer data required for business transactions can be stored. The contractor undertakes to treat all information that has become known as part of the order confidential.
V. Digital Photography and Videography
1. The entrepreneur is not obliged to make data carriers, files and data available if this has not been expressly agreed in writing beforehand.
2. If the customer wishes the entrepreneur to make data carriers, data and files available to him, these may only be changed with the prior consent of the entrepreneur.
VI. Performance disruption, cancellation fee
1. If the entrepreneur gives the customer several media to choose from, the customer must return the media not selected within one week of receipt - unless a longer period has been agreed - at his own expense and risk. The entrepreneur can demand payment for lost or damaged media, provided that he is not responsible for the loss or damage.
2. If the contractor provides the client with media from his archive, the client must return the media not selected within one month of receipt by the client and the selected media within one month of use. If the customer is in default with the return, the entrepreneur can demand a blocking fee of 1 (in words: one) euro per day and medium, unless the customer can prove that no damage has occurred or that it is lower than the damage flat rate. In the event of loss or damage that precludes further use of the media content, the entrepreneur can demand compensation. The compensation amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the customer can prove that no damage has occurred or that it is lower than the lump sum. The entrepreneur reserves the right to claim higher damages.
3. If the time allotted for the execution of the order is significantly exceeded for reasons for which the contractor is not responsible, the contractor's fee increases accordingly, provided that a flat rate was agreed. If a time fee has been agreed, the contractor will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the contractor has not suffered any damage. In the event of intent or negligence on the part of the client, the entrepreneur can also assert claims for damages.
4. Delivery dates are only binding if they have been expressly confirmed by the entrepreneur. The entrepreneur is only liable for exceeding the deadline in the case of intent and gross negligence.
VII. Travel expenses, other expenses
1. The hourly rate according to the offer is used to calculate the entrepreneur’s travel expenses.
2. Other costs incurred as a result of the order such as parking fees, postage and packaging, overnight stays, meals, etc. are not included in the fee and are borne by the client.
VIII. Right of Withdrawal
The client can revoke his contractual declaration within 14 days in text form (letter or e-mail) without giving reasons. The period begins after receipt of this instruction a) in text form or b) after a link to this document has been made available, but not before the conclusion of the contract and also not before the fulfillment of the information obligations according to Art. 246 Para. 2 in conjunction with Para. 1 No. 1 and No. 2 EGBGB as well as according to § 312e Para. 1 Sentence 1 BGB in connection with Art. 246 Para. 3 EGBGB. Sending the cancellation in good time is sufficient to meet the cancellation deadline. The revocation must be sent to:
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or via email:
Consequences of revocation
In the event of an effective revocation, any mutually received services must be returned and any benefits derived must be surrendered. If the customer cannot return the received service in whole or in part or only in a deteriorated condition, he must compensate the entrepreneur in this respect, if necessary. This can lead to the customer nevertheless having to fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for the client with the dispatch of the cancellation, for the entrepreneur with its receipt.
The right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at the express request of the customer before the customer has exercised his right of withdrawal.
Special notes: § 312d paragraph 4 sentence 1 BGB
The right of cancellation does not apply to goods or services that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return, return or reverse processing due to their nature or that can spoil quickly or whose expiry date has passed.
IX. Right of return, return instructions for services
If the client has not given the entrepreneur any explicit instructions regarding the product design and has not indicated any change requests during the performance of the order or after reviewing the data, complaints regarding the image design and the artistic-technical design are excluded. If the customer wishes changes during or after production, he must bear the additional costs. The entrepreneur retains the right to remuneration for work that has already begun.
X. Right of return, return instructions for goods
Complaints regarding the content of the delivered goods or the content or quality or condition of the ordered product must be reported within two weeks of receipt. Otherwise the product will be deemed to have been received in good order, in accordance with the contract and as recorded.
XI. Final Provisions
1. The law of the Federal Republic of Germany applies, also for deliveries and publications abroad. For all points not regulated in these terms and conditions, the statutory regulations come into force.
2. Ancillary agreements to the contract or to these General Terms and Conditions must be in writing to be effective.
3. The possible nullity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions.
These GTC apply in the present form from 01.06.2023.
General Terms and Conditions (GTC) for graphics, photos and videos and all related services and products from:
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Should individual points of these terms and conditions not be effective, all other points remain unaffected. Place of performance and place of jurisdiction is the registered office of the entrepreneur.
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