Status: September 2016
I. General information
- The following General Terms and Conditions shall apply to all orders placed with the photographer. They shall be deemed agreed if they are not objected to immediately.
- "Photographs" within the meaning of these GTC are all products produced by the Photographer, regardless of the technical form or medium in which they were produced or exist. (Negatives, slide positives, paper images, still videos, digital images, electronic stills in digitalized form, videos, prints, canvas, etc.)
II. Copyright
- The photographer shall be entitled to the copyright in the photographs in accordance with the provisions of the German Copyright Act.
- The photographs produced by the Photographer are intended for the Client's own use only.
- If the Photographer transfers rights of use to his works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. A transfer of rights of use, in particular to third parties, requires a special agreement.
- The rights of use shall only pass to the Photographer after full payment of the fee.
- The client may use the photographs for private purposes and also reproduce them.
- When using the photographs, the photographer may, unless otherwise agreed, demand to be named as the author of the photograph. A violation of the right to naming shall entitle the photographer to damages.
- The naming: Photo: blende11 Photographer is to be indicated with each publication either directly under the picture or in the imprint.
- The raw data (RAW) remain with the photographer.
III. Remuneration, Retention of title
- A fee shall be charged for the production of the photographs as an hourly rate, daily rate or agreed flat rate plus statutory value added tax; any incidental costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) shall be borne by the client. The Photographer shall disclose the final prices including value added tax to end consumers.
- Invoices due are to be paid immediately without deduction. The client shall be in default if he does not pay due invoices within 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment at the latest. The photographer reserves the right to bring about default at an earlier point in time by issuing a reminder sent after the due date.
- Until the purchase price has been paid in full, the Photographs supplied shall remain the Photographer's property.
- If the client has not given the photographer any express written instructions regarding the design of the photographs, any complaints regarding the photographic concept or the artistic-technical design shall be excluded. If the client wishes to make changes during or after the production of the photograph, he must bear the additional costs. The photographer retains the right to remuneration for work that has already begun.
- 100% adaptation of photographs to images already existing with the client or the photographer (e.g. contrast, colour, brightness) cannot be guaranteed.
IV. Liability
- The photographer is only liable for himself and his vicarious agents for the violation of duties which are not directly connected with essential contractual duties in the case of intent and gross negligence. Furthermore, the Photographer shall be liable for damages resulting from injury to life, limb or health as well as from the violation of essential contractual obligations which he or his vicarious agents have caused by culpable breaches of duty. Unless otherwise agreed, the photographer shall only be liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of intent or gross negligence.
- The photographer keeps the negatives and digital raw data carefully. He is entitled, but not obliged, to destroy negatives stored by him after three years from completion of the order.
- The photographer is only liable for the lightfastness and durability of the photographs within the framework of the guarantee provided by the manufacturers of the photographic material.
- The sending and return of films, pictures and templates is at the expense and risk of the client. The client may determine how and by whom the return is to be made.
V. Secondary obligations
- The client assures that he has the right of reproduction and distribution of all originals handed over to the photographer and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the client.
- The client undertakes to make the objects to be photographed available in good time and to collect them again immediately after they have been photographed. If the client does not collect the recording objects after two working days at the latest, the photographer is entitled to charge storage costs if necessary or, if his studio rooms are blocked, to remove the objects at the client's expense. Transport and storage costs shall be borne by the client.
VI. Default in performance, cancellation fee
- If the Photographer provides the Client with several photographs for selection, the Client shall return the unselected photographs within one week of receipt - unless a longer period has been agreed - at the Client's own expense and risk. The photographer may demand payment for lost or damaged photographs if he is not responsible for the loss or damage.
- If the Photographer provides the Client with pictures from his archive, the Client shall return the non-selected pictures within one month of receipt by the Client and the selected pictures within one month of use. If the client is in default with the return, the photographer can demand a blocking fee of 1 (in words: one) Euro per day and picture, unless the client can prove that no damage has been caused or that the damage is lower than the lump sum. In the event of loss or damage which precludes further use of the images, the photographer may claim damages. Compensation shall be at least 1000 (in words: one thousand) Euros for each original and 200 (in words: two hundred) Euros for each duplicate, unless the Client proves that no damage has been caused or that the damage is less than the lump-sum compensation. The Photographer reserves the right to claim higher damages.
- If the time allowed for the execution of the order is significantly exceeded for reasons for which the Photographer is not responsible, the Photographer's fee shall be increased accordingly if a lump-sum price was agreed. If a time fee has been agreed, the photographer shall also receive the agreed hourly or daily rate for the waiting period, unless the client proves that the photographer has not suffered any damage. In the event of intent or negligence on the part of the Client, the Photographer may also assert claims for damages.
- Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding the deadline only in the case of intent and gross negligence.
VII. Data Protection
Personal data of the client required for business transactions can be stored. The photographer undertakes to treat confidentially all information which becomes known to him within the scope of the order.
VIII. Digital Photography
- The digitalization, storage and duplication of the photographs of the photographer on data carriers of all kinds requires, if not described in the offer, the previous written agreement of the photographer.
- The transfer of rights of use does not include, if not described in the offer, the right to storage and duplication, if this right was not expressly transferred.
IX. Image processing
X. Use and distribution
XI. Right of revocation
You may revoke your contractual declaration in writing (e.g. letter, e-mail) within two weeks without stating reasons. The revocation must be explicit; the mere return of received goods is not sufficient. The period begins after receipt of this instruction in text form, but not before receipt of the goods (in case of recurring delivery of similar goods not before receipt of the first partial delivery) by the recipient and also not before fulfilment of the information duties according to Article 246 a § 1 paragraph 2 sentence 1 No. 1 or Article 246 b § 2 sentence 1 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Günther Raupp Photographer
E-mail address:
info@raupp.com
Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must pay compensation in this respect.
This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as an owner and refraining from doing anything that could impair their value.
The goods received shall be returned at our risk, but you shall bear the costs of the return shipment if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the declaration of revocation, for us with its receipt.
- The processing of photographs of the photographer and their reproduction and distribution, analogue or digital, requires the prior consent of the photographer. If a new work is created by photo composing, assembly or other electronic manipulation, it must be marked [M]. The authors of the works used and the authors of the new work are co-authors within the meaning of §8UrhG.
- The client is obliged to digitally store and copy photographs of the photographer in such a way that the name of the photographer is electronically linked to the image data.
- The Client shall be obliged to make this electronic link in such a way that it is retained in every type of data transmission, in every reproduction on screens, in all types of projections, in particular in every public reproduction, and that the Photographer is clearly and unambiguously identifiable as the originator of the images.
- The Client assures that he is entitled to commission the Photographer with the electronic processing of third-party photographs if he places such an order. He indemnifies the photographer from all claims of third parties based on the violation of this obligation.
X. Use and distribution
- (1) The distribution of Photographs of the Photographer on the Internet and in Intranets, in online databases, in electronic archives which are not intended solely for the Client's internal use, on diskette, CD-ROM or similar data carriers is only permitted on the basis of a special agreement between the Photographer and the Client.
- The passing on of digitized photographs on the Internet and in intranets and on data carriers and devices suitable for public reproduction on screens or for the production of soft and hard copies requires the prior written consent of the Photographer.
- The duplication and spreading of adaptations, which the photographer produced on electronic way, require the previous written agreement of the photographer.
- The Photographer is not obliged to hand over data carriers, files and data to the Client unless this has been expressly agreed in writing.
- If the photographer has provided the client with data carriers, files and data, these may only be changed with the prior consent of the photographer.
- The risk and costs of transporting data carriers, files and data online and offline shall lie with the Client; the Contractor may determine the method of transmission.
XI. Right of revocation
You may revoke your contractual declaration in writing (e.g. letter, e-mail) within two weeks without stating reasons. The revocation must be explicit; the mere return of received goods is not sufficient. The period begins after receipt of this instruction in text form, but not before receipt of the goods (in case of recurring delivery of similar goods not before receipt of the first partial delivery) by the recipient and also not before fulfilment of the information duties according to Article 246 a § 1 paragraph 2 sentence 1 No. 1 or Article 246 b § 2 sentence 1 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Günther Raupp Photographer
E-mail address:
info@raupp.com
Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must pay compensation in this respect.
This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as an owner and refraining from doing anything that could impair their value.
The goods received shall be returned at our risk, but you shall bear the costs of the return shipment if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the declaration of revocation, for us with its receipt.
Important notes
Insofar as the contract is directed towards the provision of services, the following special features shall apply:
Insofar as we begin to provide the service at your express request before the expiry of the revocation period, your right of revocation expires when the service has been provided in full. We are entitled to remuneration for partial services rendered until revocation. By accepting these GTC, you declare your knowledge of the loss of your right of revocation under the aforementioned conditions.
If the contract is directed to the delivery of digital content that is not on a physical data carrier, your right of revocation expires if you expressly agree with the fulfillment of the contract before the expiry of the revocation period. By accepting these GTC, you declare your knowledge of the loss of your right of revocation under this condition.
The right of revocation does not exist if you have acted in the exercise of your commercial or self-employed professional activity.
The right of revocation does not exist if the content of the contract is the delivery of goods which are manufactured according to your specification and which are clearly tailored to your personal needs.
XII. Final provisions
The place of performance for all obligations arising from the contractual relationship is the photographer's registered office if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction shall be the Photographer's place of business.
Insofar as the contract is directed towards the provision of services, the following special features shall apply:
Insofar as we begin to provide the service at your express request before the expiry of the revocation period, your right of revocation expires when the service has been provided in full. We are entitled to remuneration for partial services rendered until revocation. By accepting these GTC, you declare your knowledge of the loss of your right of revocation under the aforementioned conditions.
If the contract is directed to the delivery of digital content that is not on a physical data carrier, your right of revocation expires if you expressly agree with the fulfillment of the contract before the expiry of the revocation period. By accepting these GTC, you declare your knowledge of the loss of your right of revocation under this condition.
The right of revocation does not exist if you have acted in the exercise of your commercial or self-employed professional activity.
The right of revocation does not exist if the content of the contract is the delivery of goods which are manufactured according to your specification and which are clearly tailored to your personal needs.
XII. Final provisions
The place of performance for all obligations arising from the contractual relationship is the photographer's registered office if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction shall be the Photographer's place of business.