SANDRA REITENBACH FOTOGRAFIE • TIER & MENSCH FOTOGRAFIE NRW
Allgemeine Geschaeftsbedingungen
preamble
The general terms and conditions aim to achieve a fair balance of interests between the photographer and the customer.
«Photographer» is synonymous with Sandragrafie / Sandra Reitbach photography.
"Client / customer" is someone who agrees a binding appointment in person, by telephone, in writing, by e-mail or via the Sandragrafie / Sandra Reitbach Fotografie homepage and in any other way.
The client undertakes to read the terms and conditions carefully and to take note of them in full. The following terms and conditions apply to all orders placed. They are deemed to have been agreed if they are not contradicted immediately.
Definitions
Photographic work: The term "photographic work" denotes the result of work carried out by the photographer for the customer in accordance with the agreement between the parties.
Photographer: The «photographer» is the person charged with performing the photographic work.
Customer: The "customer" is the person who orders the photographic work from the photographer verbally, in writing or online.
Parties: The “parties” are the photographer and the customer.
Copy of the photographic work / copy: Every reproduction of the photographic work in analog or digital form on a data carrier, data provided via the online gallery, on paper, slides, CD-ROMs, computer hard drives, counts as a “copy of the photographic work” or as “ Copy".
"Photos" in the sense of these terms and conditions are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or are available (e.g. printed images, negatives, data, digital images and albums, photo books, videos, etc.). Only jpg files are supplied. RAW files generally remain with the photographer.
communication
Communication takes place via common communication channels such as: telephone, e-mail, messenger (Facebook / Instagram), WhatsApp.
Furthermore, I would like to point out that some of the communication channels mentioned do not fall under the EU GDPR and that data protection in the USA has significant deficiencies compared to the EU.
scope
The following general terms and conditions form the basis for the contractual relationship between you and
Sandragrafie / Sandra Reitbach Fotografie for a photo shoot on the agreed date.
The subject of the order is the activity of Sandragrafie / Sandra Reitbach Fotografie for the contractually agreed purpose. A contractual relationship comes about exclusively between the photographer and his client.
Options
Options are reservations for the work of the photographer on a set date. The option expires immediately if a firm booking by a third party is possible and the optioned date does not result in a firm booking even after consulting the client with whom the option was agreed.
scope of application
These general terms and conditions (hereinafter referred to as GTC) apply to consumers in accordance with Section 13 of the German Civil Code (BGB) and companies in the sense of Section 14 of the German Civil Code (BGB) for the provision of services by Sandragrafie / Sandra Reitbach Fotografie.
By placing the order, the customer recognizes the validity of these terms and conditions for the business relationship between the parties. The terms and conditions also apply to all subsequent orders by the customer without the need to expressly include these terms and conditions again.
All regulations deviating from these GTC require a separate written agreement between the parties in individual cases. Insofar as the customer is a consumer, in deviation from the above, the text form is sufficient for advertisements or declarations that are to be submitted by the customer to Sandragrafie / Sandra Reitbach Fotografie or third parties.
Deviating terms and conditions of the customer are only valid if they are expressly recognized in writing by Sandragrafie / Sandra Reitbach Fotografie. This also applies if Sandragrafie / Sandra Reitbach Fotografie does not expressly contradict the terms and conditions or delivery conditions of the customer or if services are provided without reservation.
The prices at the time of booking a photo shoot or other service apply. If certain discount or special offers are advertised, these are limited in time or quantity.
Conclusion of contract and subject matter
The basis of the contractual relationship is the offer submitted to Sandragrafie / Sandra Reitbach Fotografie, including the associated service descriptions. Unless a different period is specified, the offer is valid for a period of two weeks from receipt of the offer by the customer.
By accepting the offer, the customer accepts the conditions contained therein and the validity of these terms and conditions. Acceptance can also be made by email or by telephone.
The object of the commissioning of Sandragrafie / Sandra Reitbach Fotografie by a customer can be, for example, an outdoor shoot, studio shoot or event shoot.
Modalities of service provision - photo production
In the case of more extensive recordings or productions, the process between the two parties is roughly defined beforehand. If the customer has certain wishes, these must be expressed to Sandragrafie / Sandra Reitbach Fotografie.
In particular, the customer must ensure that on the day of the agreed photo shoot the selected location / location can also be used and photographed / filmed there. The customer has to take care of a corresponding consent from the owner, unless otherwise agreed in writing between the parties.
In the event that Sandragrafie / Sandra Reitbach Fotografie creates a cost estimate, it should be noted that this is a non-binding cost estimate that was created on the basis of the information and wishes of the customer. Only after the photo shoot has ended can the actual effort incurred be determined and charged.
In the event that it is necessary to involve third parties (e.g. stylists, make-up artists, assistants, animal trainers), Sandragrafie / Sandra Reitbach Fotografie is entitled to commission these third parties on behalf of and on behalf of the customer and for his account. In this case, no contract is concluded between Sandragrafie / Sandra Reitbach Fotografie and the third party.
The photos that are shown to the customer after the photo production are selected by Sandragrafie / Sandra Reitbach Fotografie. This is a pre-sorting, the rejects are sorted out. An individual agreement that deviates from this principle is possible.
Providing photos for inspection - deadline for complaints
This section regulates the case that the images are made available to the customer digitally so that the customer can make a selection.
All image material is copyrighted photographic works in accordance with Section 2, Paragraph 1, Item 5 of the Copyright Act.
The image material is owned by Sandragrafie / Sandra Reitbach Fotografie. The customer is prohibited from using the viewing material and passing it on to third parties.
From the digitally provided images, the customer selects those that are part of the order or that he would like to purchase. The customer should select the image within 14 days of receipt. This period also applies to a complaint. After this period has expired, the image material is deemed to have been properly received in accordance with the contract. The agreed purchase price is then due for all images.
A complaint concerning the technical implementation or the artistic design is excluded. In the case of online orders, rework due to deviations in properties of the product (e.g. color differences between print and screen images) is excluded.
Digital image data that is only made available for viewing by Sandragrafie / Sandra Reitbach Fotografie and that the customer does not want to purchase must be deleted after the 14-day period has expired. Alternatively, the period of use can be extended against payment of a corresponding license fee.
Handover of documents
Sandragrafie / Sandra Reitbach Fotografie reserves all rights to the documents handed over as part of an order processing.
Sandragrafie / Sandra Reitbach Fotografie is not prevented from offering these services to third parties or using them for their own purposes. The customer is not entitled to use or process such services in whatever form or as a basis for the production of their own material. If and to the extent that an order is not placed, the customer is obliged to immediately return all presentation documents submitted by Sandragrafie / Sandra Reitbach Fotografie or to delete them from existing data carriers.
Unauthorized disclosure of documents to third parties, their publication, distribution, duplication or other use by the customer or a third party commissioned by him obliges the customer, without prejudice to other claims by Sandragrafie / Sandra Reitbach Fotografie, to pay the fee provided for the documents in question.
Cancellation of appointments booked with binding effect by the customer
Customers can register online, by phone or by email for a photo shoot at Sandragrafie / Sandra Reitbach Fotografie. As soon as the customer has received a booking confirmation from Sandragrafie / Sandra Reitbach Fotografie, Sandragrafie / Sandra Reitbach Fotografie will keep this date free for the customer. It can therefore not accept any further offers for this period.
For the reservation of a photo shoot, a reservation fee of 20% of the total amount (fees for photo shoot and usage fee) is due. This reservation fee will be credited in the event that the entire order is processed.
If the order is canceled, the reservation fee will be retained by Sandragrafie / Sandra Reitbach Fotografie. It is to be regarded as compensation for the fact that other orders could not be accepted for this date.The photo shoot can be canceled up to 14 days before the agreed date at no additional cost. The reservation fee will be retained as described above.
In the event of cancellation 13 days or more before the agreed date, 50% of the agreed fee is due.
In the event of cancellation 24 hours before the agreed date, the entire amount is due. Sandragrafie / Sandra Reitbach Fotografie can, at their own discretion, issue a voucher to the customer in the event of excusable absences after payment has been made.
If the customer books an equivalent photo shoot at a later point in time - within a calendar year - the cancellation fees paid will be offset against it.
If the photo shoot is canceled by the customer, for whatever reason, the full fee (photo shoot fee and usage fee for the images created) is due. If no pictures could be taken, only the photo shoot fee is due
Cancellation by Sandragrafie / Sandra Reitbach Photography - changes in the photo shoot process
If Sandragrafie / Sandra Reitbach Fotografie cannot carry out the order due to force majeure, accident and illness or unfavorable weather conditions, or if the images cannot be delivered by a previously specified deadline, the customer waives any claims for damages.
Insignificant changes in the photo shoot process or a reasonable relocation of the photo shoot location do not entitle to a price reduction or to withdraw from the contract. If a photo shoot has to be canceled, Sandragrafie / Sandra Reitbach Fotografie will promptly reimburse any amounts already paid. Further claims are excluded, except in cases of willful or grossly negligent behavior on the part of Sandragrafie / Sandra Reitbach Fotografie.
Taking photos at events
In the case of photos taken during events, Sandragrafie / Sandra Reitbach Fotografie points out that the customer (wedding couple, organizer, etc.) must ensure that the participating guests are informed that the event will be photographed or filmed. The organizer should obtain the consent of the guests. A sample can be made available to the customer.
The customer (organizer) has to inform Sandragrafie / Sandra Reitbach Fotografie if someone does not want to be photographed. The customer (organizer) must ensure that these people cannot be seen in group pictures etc.
If the customer fails to provide the information and consent of his guests and / or Sandragrafie / Sandra Reitbach Fotografie as described above, the customer exempts Sandragrafie / Sandra Reitbach Fotografie from all claims made by third parties with regard to a violation of their personal rights, etc.
In addition, the customer must clarify in advance whether photography or filming is allowed in the respective location (hotel, guest room, church, etc.). He has to get the owner's consent here. A corresponding sample form can be made available to the customer on request without any liability on the part of Sandragrafie / Sandra Reitbach Fotografie.
If the customer fails to make this request and if the owner or an authorized third party prohibits the photos being taken by Sandragrafie / Sandra Reitbach Fotografie, the customer must bear all of the agreed fee.
The customer must also clarify in advance how the division of tasks should look if several photographers are present.
General information for photo shoots by Sandragrafie / Sandra Reitbach Fotografie
As a customer of Sandragrafie / Sandra Reitbach Fotografie, we ask you to read the following information carefully and observe them:
You should appear at the earliest / at the latest 10 minutes before the agreed date in the photo studio / at the agreed meeting point. If you are late, this time will be deducted from the recording time. It is up to Sandragrafie / Sandra Reitbach Fotografie to deviate from this in individual cases.
Sandragrafie / Sandra Reitbach Fotografie assumes no liability for valuables brought along.
Please remember to bring enough food (drinks and a snack) with you for a break during a longer photo shoot.
For animal photo shoots by Sandragrafie / Sandra Reitbach Fotografie, please note that animal behavior is generally unpredictable, especially when conditions change (e.g. strange people, strange rooms, bright lighting). Despite all efforts, a photo shoot may have to be canceled. In such a case, we charge a small cancellation fee of € 25, which can be taken into account when a new appointment is made.
No guarantee or liability on the part of Sandragrafie / Sandra Reitbach Fotografie can be assumed for animals that have been booked.
The animal (s) should be fed and have had enough exercise beforehand. You should also bring a fur brush, wet wipes, a favorite toy and food or treats with you. If certain accessories are to be shown, please also bring these with you. Please practice the commands "sit", "sit down" and "stay" with your animal (dog) beforehand. Otherwise it is not possible to carry out a corresponding photo shoot. In particular, it should be noted that the implementation of previously agreed motifs cannot be guaranteed. Depending on how the animal to be photographed reacts, there is a possibility that certain motifs cannot be posed. A healthy general condition is essential.
The customer is responsible for his animal before and during the photo shoot. Any resulting damage must be borne by the customer. Every animal should be insured against liability.The above applies accordingly to outdoor photo shoots. It is also important that the weather is good. Therefore, an agreed appointment may have to be canceled at short notice due to the weather.
Horse photo shoots require that you bring at least one other person with you to look after the animal. You should also bring a lunging device, lunge, brushes and food / treats.
Sufficient breaks are planned so that the animals can recover accordingly.
For all animal photo shoots, please also think of changing things for yourself.
The customer is responsible for the health of the animal during the entire photo shoot. If health problems occur during or after the photo shoot, Sandragrafie / Sandra Reitbach Fotografie is not liable - except in the case of willful intent and gross negligence.
The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions, to avoid possible damage or to keep it to a minimum. In particular, any complaints must be brought to the attention of the respective photographer immediately. If the customer culpably fails to report a defect, he forfeits his right to a reduction in the remuneration.
Photographs - especially those in the so-called outdoor area - are never without a residual risk. The customer is only insured against an accident and rescue within the framework of his own accident insurance. Sandragrafie / Sandra Reitbach Fotografie assumes no liability for accidents of any kind. Liability is also excluded in the event that, due to external influences or force majeure, the recordings cannot take place before or during the agreed photo session or have to be canceled during this time.
Processing of the created images
The images are fundamentally processed by Sandragrafie / Sandra Reitbach Fotografie. "Basic processing" means exposure, sharpness and trimming.
After providing access to the created photographs, the customer has the one-time opportunity to express wishes regarding a different processing, provided that the processing presented does not correspond to the usual style of Sandragrafie / Sandra Reitbach Fotografie.
The customer can get an impression of the usual style using the images shown on the website / Facebook page / Instagram.
There is a right of complaint regarding the processed images for 14 days. After transferring access to the image files, the customer must inform Sandragrafie / Sandra Reitbach Fotografie of any complaints in writing within 14 days (email is sufficient). After this period has expired, the customer has accepted the pictures as properly and in accordance with the contract, so that the remuneration for all pictures is due.
Coupons and special offers
The customer can purchase vouchers from Sandragrafie / Sandra Reitbach Fotografie. With the voucher, the buyer acquires credit for services from Sandragrafie / Sandra Reitbach Fotografie. The vouchers can be used by anyone who presents the voucher. A cash payment is generally excluded.
Vouchers for a photo shoot (service) are valid for 1 year from the date of issue. Vouchers that are not redeemed within one year (by appointment) have as much value as the photo shoot cost when the voucher was issued and not as much as the photo shoot on the day the voucher is redeemed. If the voucher is not redeemed, it will expire. A voucher can only be exchanged for one of the services offered. It is neither possible to have the equivalent value paid out, nor is the right to cash payment of the unused remaining value of the voucher. The voucher is only valid if it is given on the day of the shoot.
Special offers are no longer binding if they are not accepted within the specified period.
Rights of use and copyright
Sandragrafie / Sandra Reitbach Fotografie is entitled to the copyright on all photos and video recordings made in accordance with the copyright law.
Photographs are generally created for the private use of the customer. The customer receives a simple, non-transferable, temporally and spatially unlimited license to privately use the pictures made for him (and also to pass them on to families and friends).
In the case of application images, sending them to third parties is part of the normal use.
Duplication, processing and distribution of the photos is not permitted.
Use (e.g. as a profile picture) in social media is also permitted, provided that the author is correctly identified.
If the customer wants to use the photos commercially, e.g. for his company website, for advertising purposes, on flyers and in social media, this must be agreed separately as part of a license agreement. There it is indicated for which purposes the rights of use are being transferred.
Sandragrafie / Sandra Reitbach Fotografie grants the customer the rights of use to the intellectual property rights of the services provided by Sandragrafie / Sandra Reitbach Fotografie exclusively for the specifically agreed use. The scope of such granting of rights is based exclusively on the contractual agreement and the purpose of the contract in terms of space, time and material. Section 31 (5) UrhG also applies accordingly to all non-copyright-protected services. A transfer of rights only takes place if this has been expressly agreed in writing. The customer only acquires the contractually agreed rights with full payment of all claims from the order.
If the customer wishes an extended right of use for the photographs after the order has been completed, Sandragrafie / Sandra Reitbach Fotografie must be informed or the file requested. There are usage fees for the extension, which are to be calculated depending on the scope of the usage right.
The property of the negatives, the raw files of the images as well as the digital data carriers that have been created for the execution of the customer order remains with Sandragrafie / Sandra Reitbach Fotografie.
Upon request by Sandragrafie / Sandra Reitbach Fotografie, the customer is obliged to provide Sandragrafie / Sandra Reitbach Fotografie with information about the scope of the use of the services.
In the case of publications, the customer will name Sandragrafie / Sandra Reitbach Fotografie as the author as follows: Sandragrafie / Sandra Reitbach Fotografie - www.sandragrafie.de
The author must be named directly on the image. The author must be named in the imprint.Publication in social media is only permitted for private purposes. Deviations from this principle are to be agreed separately between the parties and are also subject to a charge.
Sandragrafie / Sandra Reitbach Fotografie is entitled to publish the photographs it has created for the purpose of self-promotion, including on the Internet. The photographer further reserves the right to publish the photographic work in any form and on any medium, to make it accessible to third parties, to grant third parties an exclusive or non-exclusive license to use the photographic work or to hand over copies of the photographic work to third parties. The customer undertakes not to refuse his consent without good cause; the customer who does not expressly refuse or limit his consent in writing is deemed to have agreed to the respective use.
If the photographer uses the photographic work within the meaning of the preceding paragraph, the photographer must ensure that the intended use does not infringe the rights of third parties in the depiction of people, goods or places. Nudes and pictures showing nudity always require the customer's consent.
The transfer of the rights granted to the customer to third parties or use for purposes other than those agreed in the contract requires the separate written consent of Sandragrafie / Sandra Reitbach Fotografie in individual cases.
Customer photos that were not created by Sandragrafie / Sandra Reitbach Fotografie and their processing or further processing
If the customer transfers or sends their own images for further processing or product manufacture, Sandragrafie / Sandra Reitbach Fotografie has a copyright on the created product, the copyright on the image lies with the customer.
The customer declares that he is the author of the images when sending the images. If you are not, you are liable to us that you may use the images without restriction within the scope of the above rights of use. In this respect, you release Sandragrafie / Sandra Reitbach Fotografie from any claims by third parties.
Sandragrafie / Sandra Reitbach Fotografie accepts no liability for the images / videos provided by the customer. The customer releases Sandragrafie / Sandra Reitbach Fotografie from any liability, including the costs of necessary legal defense against third parties, for such content.
If the services of Sandragrafie / Sandra Reitbach Fotografie cannot be used in whole or in part due to the pictures provided by the customer, Sandragrafie / Sandra Reitbach Fotografie's entitlement to remuneration remains unaffected.
If the customer provides files of images to Sandragrafie / Sandra Reitbach Fotografie to carry out an order (e.g. print on a T-shirt, mobile phone cover, key ring), Sandragrafie / Sandra Reitbach Fotografie is granted a simple right to use the image files for the purpose of manufacturing the products . This also includes editing the images.
Obligations to cooperate - deadlines and force majeure
Delivery dates and deadlines for the delivery of the images provided for Sandragrafie / Sandra Reitbach Fotografie are always subject to change and only binding if they have been expressly agreed in writing in individual cases (email is sufficient) as a fixed date. Sandragrafie / Sandra Reitbach Fotografie endeavors to make the images available within 4 weeks.
The adherence to an appointment or a binding deadline by Sandragrafie / Sandra Reitbach Fotografie assumes that Sandragrafie / Sandra Reitbach Fotografie has received all information, approvals or other contributions to be procured by the customer, including any down payments, in good time. If this is not the case or the failure to comply with a deadline is due to circumstances for which Sandragrafie / Sandra Reitbach Fotografie is not responsible, the deadline is extended at least for the period in which these circumstances existed.
Force majeure, unavoidable circumstances or other unforeseeable, serious and involuntary events which make the provision of the service significantly more difficult or temporarily impossible, entitle the respective party to postpone the fulfillment of the service for the duration of the hindrance and an appropriate start-up time.
Payment modalities - usage fees
Billing is based on the fees stated in the respective offer from Sandragrafie / Sandra Reitbach Fotografie.
If no fee has been agreed, the fees of the current picture fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM) apply.
Other costs such as travel costs, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne by the customer.
The costs are calculated as follows:
- Travel costs of 0.30 € / per kilometer or part thereof (from a distance of 20 km, starting point 41189 Mönchengladbach)
- accommodation costsThe customer is not entitled to assert or set off a right of retention against payment claims by Sandragrafie / Sandra Reitbach Fotografie; unless there are undisputed or titled counterclaims by the customer.
Insofar as the customer uses services from Sandragrafie / Sandra Reitbach Fotografie to a greater extent than provided at the time the contract was concluded, so that the agreed remuneration is noticeably disproportionate to the income and benefits from the use of the services, the customer is obliged, upon request, to use a To agree to a change in the contract, which grants Sandragrafie / Sandra Fahrtbach Fotografie an appropriate remuneration according to the circumstances.
Payment, invoicing, retention of title
Sandragrafie / Sandra Reitbach Fotografie is entitled to invoice an advance payment of 50% of the agreed or expected remuneration after the order has been placed. In addition, Sandragrafie / Sandra Reitbach Fotografie is entitled to invoice the customer for payments on account for partial services that have already been performed.
The billing by Sandragrafie / Sandra Reitbach Fotografie takes place after a partial or total service has been provided.
Until the order has been paid in full, Sandragrafie / Sandra Reitbach Fotografie reserves all property rights and rights of use to the work results, products that have already been handed over to the customer or other services.
The amount is due on the day the photo is taken and must be brought in cash to the agreed date. In the case of weddings, the full amount is payable 4 weeks before the date in cash or by bank transfer or PayPal payment. Later photo orders etc. can be paid by bank transfer or PayPal payment to Sandragrafie / Sandra Reitbach Fotografie.
For late payments, default interest of 5% / year and reminder fees of € 10 for the first reminder and € 20 for the 2nd (= last) reminder will be charged.
Transfer of the contract
Sandragrafie / Sandra Reitbach Fotografie is entitled to use subcontractors in their own name to provide the agreed services or parts thereof without the customer's separate consent. The liability of Sandragrafie / Sandra Reitbach Fotografie for the services remains unaffected.
confidentiality
The contracting parties will maintain confidentiality about all information that is to be treated as confidential and that they become aware of in the context of the contractual relationship and will only use this in relation to third parties with the prior written consent of the other party.
Liability of Sandragrafie / Sandra Reitbach Fotografie and statute of limitations
Sandragrafie / Sandra Reitbach Fotografie is liable to the customer for damages only in cases of intent or gross negligence, except in cases of injury to body, life or health and in the event of a breach of main performance obligations.
In addition, the liability of Sandragrafie / Sandra Reitbach Fotografie is limited to contract-typical and foreseeable damage. A reimbursement of the foreseeable, typically occurring damage is also limited to a maximum of 5 times the amount of the order. Liability for indirect damage is excluded.
Every photographer has his own artistic style. On the website as well as on the Facebook page, Instagram profile etc. of Sandragrafie / Sandra Reitbach Fotografie, the customer can get an idea of this and express his own wishes in advance. The artistic and technical design is entirely at the discretion of Sandragrafie / Sandra Reitbach Fotografie. In particular, Sandragrafie / Sandra Reitbach Fotografie is entitled to the sole decision on the technical and artistic design means such as lighting and image composition. When carrying out the photographic work, the photographer can use auxiliary persons of his choice.
If the customer does not subsequently agree to the technical and / or artistic design, this does not constitute a material defect within the meaning of § 434 BGB or § 633 BGB.Sandragrafie / Sandra Reitbach Fotografie is not liable for the infringement of rights of persons or objects depicted - unless there is a corresponding written property release (release declaration for publication).
Sandragrafie / Sandra Reitbach Fotografie is not liable for claims for damages by third parties against the customer that arise from the connection between images and text created by Sandragrafie / Sandra Reitbach Fotografie. The representation of images in a certain context is the sole responsibility of the customer.
If Sandragrafie / Sandra Reitbach Fotografie is asserted by third parties for omission or compensation due to processed images that the customer has provided, the customer releases Sandragrafie / Sandra Reitbach Fotografie from liability and reimburses Sandragrafie / Sandra Reitbach Fotografie for all legal defense expenses . The remuneration claim of Sandragrafie / Sandra Reitbach Fotografie remains unaffected.
For damage to Sandragrafie / Sandra Reitbach Fotografie by documents provided by the customer, in particular photographs, films, data, etc., the liability of Sandragrafie / Sandra Reitbach Fotografie is limited to the material value of the information provided. Sandragrafie / Sandra Reitbach Fotografie is only liable for the loss of data if the liability requirements are met and if the loss could not have been avoided through appropriate data backup measures by the customer.
Sandragrafie / Sandra Reitbach Fotografie is not liable for the availability or correct functioning of infrastructures, software or transmission channels of the Internet that are not in the area of responsibility of Sandragrafie / Sandra Reitbach Fotografie.
All claims for a warranty for defects by merchants against Sandragrafie / Sandra Reitbach Fotografie become statute-barred - except in the case of intent - after a period of one year, unless a shorter statutory period of limitation applies.
All claims for a warranty for defects by consumers against Sandragrafie / Sandra Reitbach Fotografie become statute-barred - except in the case of intent - after a period of two years, unless a shorter statutory period of limitation applies.
The above limitations of liability apply accordingly to employees or legal representatives of Sandragrafie / Sandra Reitbach Fotografie as well as third parties who were engaged by Sandragrafie / Sandra Reitbach Fotografie.
Retention of image data and liability for product quality
Sandragrafie / Sandra Reitbach Fotografie voluntarily undertakes to keep the customer's digital image material for at least 6 months after the order has been placed. In the event of force majeure (theft, technical failure), this voluntary obligation cannot be fulfilled. The photographer is then entitled to irrevocably delete the data.
Sandragrafie / Sandra Reitbach Fotografie is only liable for light resistance and the quality of the material of products made from the image material to the extent that the manufacturer offers a corresponding guarantee for the product.
Compensation for damages and contractual penalty
The customer is obliged to pay a surcharge of 100% on the agreed usage fee or a standard usage fee to Sandragrafie / Sandra Reitbach Fotografie if the copyright holder is not identified or if the identification is incorrectly placed.
Subject to further claims for damages, the customer has for each case of unauthorized (without the written consent of Sandragrafie / Sandra Reitbach Fotografie) disclosure to third parties, unauthorized falsification and processing, publication, use of the image material by the customer or a third party, a contractual penalty in the amount of four times the agreed or customary usage remuneration.
Severability clause, place of jurisdiction and place of performance
Should a provision of these terms and conditions be ineffective or unenforceable in whole or in part, this shall not affect the effectiveness and enforceability of the other provisions. The ineffective or unenforceable provision is to be regarded as being replaced by an effective or enforceable provision that comes closest to the purpose of the ineffective or unenforceable provision.
Sandragrafie / Sandra Reitbach Fotografie does not take part in a dispute settlement procedure before a consumer arbitration board.
The place of performance is the photographer's place of business. If both parties are merchants within the meaning of the HGB, the place of jurisdiction for all disputes arising from the contractual relationship between the parties is Mönchengladbach.
The law of the Federal Republic of Germany applies to the exclusion of international private law and the UN sales law adopted into German law, if
a) the customer has his habitual residence in Germany, or
b) the customer has his habitual residence in a country that is not a member of the European Union.If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and has his habitual residence in a member state of the European Union, the applicability of German law also applies, whereby the mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
Status: January 2020
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