1. The following general terms and conditions of delivery and business (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by Photogenika.
2. The terms and conditions are deemed to have been agreed after receipt and acceptance of the order.
II. Production Orders
1. The photographer will carefully carry out the order placed. He can have the order partially carried out by third parties (laboratories, etc.).
If the customer does not issue any written instructions, the photographer is free to choose how the order is to be carried out. This applies in particular to the conception of the image, the location and the optical-technical (photographic) means used.
2. The photographer selects the images, which he submits to the client for acceptance upon completion of the production.
3. Complaints must be made in writing and received by the photographer at the latest within one calendar week after the work has been handed over to the client. After this period has expired, the work is deemed to have been accepted in accordance with the contract and free of defects.
4. The photographer is not obliged to permanently archive the image material created during a production, unless expressly agreed otherwise in writing. If it has been agreed to store all images, this is done for a maximum of ten years.
III. Rights of Use / Personal Rights
1. The client only acquires the rights to use the images for private use. Reproduction and disclosure to third parties are permitted for private purposes. Commercial use and/or public, non-private reproduction is not permitted. Ownership rights are not transferred.
1. The photographer is only liable for damage that he or his vicarious agents cause intentionally or through gross negligence. This also applies to damage resulting from a positive breach of contract or tort. Compensation for any indirect damage is excluded.
2. We are not liable for defects that can be traced back to incorrect or imprecise instructions from the customer.
3. In the case of defectiveness, the client is only entitled to a claim for improvement by the photographer. If an improvement is impossible or if it is rejected by the photographer, the client is entitled to a price reduction. No liability is assumed for insignificant defects. Color differences in repeat orders are not considered a significant defect.
1. The agreed fee applies. If no fee has been agreed, it is determined according to the current Photogenika price list. The fee includes the applicable VAT.
2. If the time allotted for the recording work is exceeded for reasons for which the photographer is not responsible, the photographer will also receive the agreed hourly rate for the time by which the recording work is extended.
3. If the client cancels the order for the execution of the service, an expense allowance is due in accordance with the current agreements in this contract.
4. Discounts of any kind cannot be combined, transferred or paid out.
5. The fee must be paid when the photos/DVDs/books are handed over.
6. The fee is to be paid at the latest within 8 days of the invoice being issued, unless a shorter payment period is specified on the invoice. A set-off or the exercise of the right of retention is only permissible against undisputed or legally established claims of the customer. Dunning fees and the costs of (extrajudicial) legal intervention shall be borne by the client.
VI. contractual penalty, damages
1. In the event of any unauthorized use, application, reproduction and distribution of the image material for commercial purposes (without the consent of the photographer), a contractual penalty of five times the usage fee must be paid for each individual case, but at least €100.00 per image and individual case. However, this is subject to further claims for damages.
2. By clause VI. 1. Payments provided for in the General Terms and Conditions do not establish any rights of use.
VII. Validity, Statute and Jurisdiction
1. The law of the Federal Republic of Germany applies as agreed, including for deliveries abroad.
2. Ancillary agreements to the contract or to these GTC 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. The parties undertake to replace the invalid provision with a meaningful, effective provision that comes as close as possible to the desired regulation from an economic and legal point of view.
4. In the event that the customer does not have a place of jurisdiction in the Federal Republic of Germany or relocates his registered office or habitual residence abroad after the conclusion of the contract, the place of jurisdiction shall be the photographer's place of residence.