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Terms & Conditions

I. In General

§1  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 upon conclusion of the contract (regardless of whether it is verbal or in writing) and if this is not objected to immediately, but no later than before the works are downloaded. If the customer wishes to object to the GTC, this must be explained in text form. 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.

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§2 "Photographs" within the meaning of these terms and conditions are all from the photographer

manufactured products, regardless of the form or medium in which they were created or are available (data on CD, technical prints, download link, online media library, etc.).

II. Copyright

§3  The copyright of the photographs always lies with the photographer.

 

§4  The photographs produced by the photographer are only for private use

of the customer, unless expressly agreed otherwise in text form.

 

§5   If the photographer transfers usage rights to her works, unless expressly stated otherwise

was agreed - in each case only the simple right of use was transferred, a transfer of

Rights of use require a special agreement.

 

§6  The rights of use are only transferred to the photographer after full payment of the fee

after final receipt of the works (whichever occurs last). Should no payment be agreed

(e.g. TFP shoot) the rights of use are transferred upon final receipt of the photographs.

 

§7  The customer has no right to reproduce and distribute the photo or advance views provided (e.g. in an online gallery) if the corresponding rights of use are not held

have been transferred. These include photographing, creating screenshots, forwarding to

third parties etc. Actions.

 

§8  Commercial use by the customer is not permitted unless otherwise agreed. One

Subsequent agreement is possible, but requires in any case (regardless of whether before or after the shoot)

a separate contract in text form, which also regulates the participation of the photographer.

 

§9  When using the photographs in online and print media (for private use), the

Photographer to be named as the author of the photo and to link the photographer's corresponding profiles on social media platforms. A violation of the right to be named entitles the photographer to compensation.

 

§ 10 The raw data remain with the photographer. In principle, the raw data (unprocessed images) are not handed over to the customer. These are also kept as proof of copyright.

III. Compensation, retention of title

§11 For the production of the photographs, a fee is charged 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. If necessary, the shooting also takes place on a TFP basis and the customer incurs no costs, unless otherwise agreed, or only with the additional purchase of further works.

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§12 If the photographer creates cost estimates, these are non-binding. If significant cost increases occur during production, these must be reported by the photographer.


§13 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 a

to make an appropriate increase in the flat-rate fee.


§14 Payment can be made in advance or on account (e.g. via bank transfer or PayPal).


§15 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 14 (in words: fourteen) 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.


§16 Until the purchase price has been paid in full, the supplied photographs remain the property and in the hands of the photographer.

IV. Liability

§17 For the breach of obligations that are not directly related to essential contractual obligations, the photographer is liable for herself and her vicarious agents only in the case of intent and gross negligence. It is also liable for damage resulting from injury to life, limb or health, as well as from the breach of essential contractual obligations, which it or its 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.

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§18 Files, images and templates are sent and returned at the expense and risk of the client.

V. Performance disruption, cancellation fee

§19 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.

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§20 After the selection has been made, the photographs will be completely processed by the photographer. The photographer undertakes to complete the order as quickly as possible and to send the photographs to the client.

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§21 If the client cancels the photographer's booking, the photographer is entitled to a cancellation fee. This is calculated as follows: cancellation 3 to 7 days before the booked date 25%; from 2 days 50% of the agreed total.

VI. Privacy

§22 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.


§23 The photographer stores the data carefully, especially raw data to prove copyright. She is entitled, but not obliged, to destroy non-personal data (e.g. images of dogs) kept by her three years after the end of the contract.

VII. Editing, Delivery times & Reclamation

§24 The client knows the photographic and image design style of the photographer and is aware that his photographs are processed in a similar style. If the editing has taken place and there is no defect, a change or re-editing in a different style is not possible and is only done as a gesture of goodwill.
In order to find out about the photographer's style, the customer can ask the photographer for sample images. The same is trueportfolioand galleries available on the following networks:
Instagram: annies_pixelgraphy
Facebook: Pixelgraphy by Annie


§25 Subsequent processing of photographs by the photographer and their duplication and distribution, including recoloring to black and white or sepia, subsequent color processing, and complete alteration or distortion is not permitted unless a separate agreement has been made.


§26 The client is obliged to create electronic links to photographs of the photographer on the Internet in such a way that the photographer can be clearly and unambiguously identified as the author of the images.


§27 The photographer usually delivers her work within 4 working weeks. Delays may occur due to peak times. These operational delays, as well as delays due to force majeure, operational disruptions, etc. do not constitute a reason for complaint. The photographer is only liable for exceeding deadlines in the event of intent and gross negligence.


§28 All work is carried out by the photographer with the greatest possible care and to the best of her ability. Complaints about obvious defects must be asserted in text form 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 original or the first images. This does not justify a complaint.


§29 One-off corrections are only made as a gesture of goodwill by the photographer. For each further correction (unless there are serious errors), the photographer reserves the right to charge 50% of the picture price per corrected photograph.


§30 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.

VIII. Return & Cancellation policy

§31 It is pointed out that after the transmission of defect-free works or if no correction is made as a gesture of goodwill, a withdrawal from the contract based on §634 No.3 BGB is no longer possible.

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§32 It is also pointed out that, despite a contract concluded outside of business premises, there is no right of withdrawal according to §312G Para. 2 No.1 BGB.

IX. Penalty for breach of contract

§33 If the customer violates one or more of the points stated here, a contractual penalty of 5% of the order price applies.
In the event of violations of applicable law, the photographer is entitled to take legal action.

X. Final provisions

§34 The place of performance for customers who are merchants within the meaning of the German Commercial Code is Übach-Palenberg.

XI. Severability clause

§35 Insofar as conditions of the general terms and conditions listed above are or become invalid in whole or in part, the remaining conditions continue to be effective. The ineffective condition is replaced by the statutory regulation.

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