- the following general terms and conditions of delivery and business (GTC) shall apply to all orders placed with the photographer. The GTC shall apply to all future orders, offers, deliveries and services of the photographer within the framework of an ongoing business relationship, even without express inclusion.
II. Photographic material provided
- the GTC shall apply to any photographic material provided to the customer, regardless of the creative stage or technical form in which it is available. They also apply in particular to electronic or digitally transmitted photographic material.
- the photographic material supplied by the photographer shall be photographic works protected by copyright within the meaning of Section 2 (1) (5) of the Copyright Act.
- complaints concerning the content of the delivered consignment or the content, quality or condition of the photographic material must be notified within 2 weeks of receipt. Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as recorded.
- the photographic material handed over to the customer may be used by the photographer for his advertising in shop windows, websites and digital media used by him.
- raw data, negatives and originals shall remain the property of the photographer.
III. Rights of use
- the customer only acquires an unlimited right of use for private use. If the photographs taken of the bridal couple are exhibited on the Internet or in other publications, a clear reference to the author is requested, e.g. “Photo: Anna Mardo, www.annamardo.de”. In the case of social networks, the photographer asks to link to the respective profile.
- the granting of the rights of use is subject to the condition precedent of full payment of all payment claims of the photographer arising from the respective contractual relationship.
- the photographer shall only be liable for the breach of obligations which are not directly related to essential contractual obligations in the event of intent and gross negligence. He shall also be liable for damages resulting from injury to life, body or health as well as from the breach of essential contractual obligations which he has caused through culpable breaches of duty.
- should the photographer fail to appear for the agreed photo appointment due to special circumstances, e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc. (including those of the photographer’s family members), no liability shall be assumed for any resulting damage, losses or consequences. Any advance payments made for the appointment will be refunded to the customer.
- the agreed fee shall apply. If no fee has been agreed, it shall be determined in accordance with the current image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM).
- the fee claim is due upon delivery of the photo. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The photographer may demand a reasonable advance payment. This is also payable or may be retained by the photographer if the photo shoot does not take place for reasons beyond the photographer’s control or responsibility (e.g. cancellation, postponement of the agreed photo shoot by the customer).
- offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer.
VI Data protection / authorization
- the photographer collects personal data of the client for the purpose of executing the contract, for the fulfillment of contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. The data will not be passed on to third parties. The data will be deleted as soon as it is no longer required for the purpose of its processing and insofar as there is no legal obligation to retain it. Information about all of the client’s personal data is available free of charge. For questions and requests for deletion, correction and blocking of personal data as well as collection, processing and use, the contractor can contact the following address: Anna Mardo, Berg 1a, 83703 Gmund ,[email protected]
- the customer is responsible for ensuring that all necessary authorizations in connection with the order/photo shoot are available.
- the law of the Federal Republic of Germany shall apply, including for deliveries abroad. Subsidiary agreements to the contract or to these GTC must be made in writing to be valid.
- the possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the intended provision in economic and legal terms.
- place of performance and jurisdiction is, if the customer is a registered trader, the photographer’s place of residence.