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Terms of Service

I. General

The following general terms and conditions (hereinafter referred to as "GTC") apply to all orders placed with the photographer. 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 acknowledges them in writing
"Photographs" within the meaning of these terms and conditions are all products produced by the photographer, regardless of the form or medium they were created or are available on. (Data on CD, technical prints, etc.)

II. Copyright

The copyright of the photographs always lies with the photographer.
The photographs produced by the photographer are only intended for the client's own private use, unless this has been expressly agreed otherwise in writing.
If the photographer 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.
The rights of use are only transferred to the photographer after full payment of the fee.
The client has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred.
When using the photographs in online and print media (for private use)   the photographer is to be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.
The raw data remain with the photographer. In principle, the raw data (unprocessed images) are not handed over to the client.

III. Remuneration, retention of title

A fee is charged for the production of the photographs 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.
Insofar as the photographer creates cost estimates, these are non-binding. If costs increase during production, these must be reported by the photographer. If the planned production time is exceeded for reasons for which the photographer is not responsible, additional remuneration based on the agreed time fee or in the form of an appropriate increase in the flat fee is to be paid.
Payment is by invoice.
When making an appointment, a deposit of 20% is due.
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 reserves the right to bring about the delay at an earlier point in time by issuing a reminder that is received after the due date.
The supplied photographs remain the property and in the hands of the photographer until the purchase price has been paid in full.

IV. Liability

For the violation of obligations that are not directly related to essential contractual obligations, the photographer is only liable for himself and his vicarious agents in the case 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 that he or his vicarious agents have caused through culpable breaches of duty. The photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of intent and gross negligence.
The photographer stores the data carefully. He is entitled, but not obliged, to destroy the data he has stored three years after the end of the contract.
The photographer is only liable for the light resistance and durability of the photographs within the framework of the guarantee provided by the manufacturer of the photographic material.
Files, images and templates are sent and returned at the expense and risk of the client.

V. Default, cancellation fee

After pre-sorting, the photographer provides the client with a password-protected online gallery for 14 days, in which the client can select the appropriate photographs for processing.
After the selection has been made, the photographs are fully processed by the photographer. The photographer undertakes to complete the order as quickly as possible and to send the photographs to the client.
If the client cancels the photographer's booking, the photographer 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 undertakes to treat information that has become known as part of the order confidentially.

VII. Image processing

The client knows the photographer's photographic and creative style and is aware that his photographs are processed in a similar style.
Subsequent processing of photographs by the photographer 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.
The client is obligated to create electronic links to photographs taken by the photographer on the Internet in such a way that the photographer can be clearly and unambiguously identified as the author of the images.

VIII. Delivery times and complaints

The photographer usually delivers his work within 3 working weeks. Delays may occur 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 is only liable for exceeding the deadline in the event of intent and gross negligence.
All work is carried out by the photographer with the greatest possible care and to the best of his 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. When reordering, there may be differences in color compared to the template or the first images. A complaint is not justified by this.
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. Final Provisions

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

X. 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.

Photographer for the man of the world

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