AGB

GENERAL TERMS AND CONDITIONS OF BUSINESS

FOR WORK AND SERVICES FROM BILDLOGISTIK.

  1. Scope

1.1 All work and services provided by NICOSOCHA STUDIOS, Zum Ludwigstal 15, 45527 Hattingen, Germany, trading as BILDLOGISTIK (hereinafter referred to as BILDLOGISTIK), hereinafter referred to as “Services”, are subject exclusively to the following terms and conditions (GTC).

If GTC of BILDLOGISTIK are introduced into the business with the customer, they also apply to all further business relations between the customer and BILDLOGISTIK, unless otherwise agreed in writing. Terms and conditions of the customer shall only apply if and to the extent that BILDLOGISTIK expressly acknowledges them in writing. Silence on the part of BILDLOGISTIK with regard to such deviating terms and conditions shall in particular not be deemed as acceptance or consent, even in the case of future contracts.

1.2 These GTC shall only apply in relation to entrepreneurs within the meaning of § 14 BGB.

  1. Power characteristics

A guarantee shall only be deemed to have been assumed by BILDLOGISTIK if BILDLOGISTIK has designated a property as “guaranteed” in writing.

  1. Conclusion of contract, scope of services

3.1. The offers of BILDLOGISTIK are always made without obligation, unless they are expressly designated in writing as “binding”. They are calls for orders. The orderer places an order with BILDLOGISTIK for the creation and/or processing of digital photos as well as any other related services. The contract is only concluded when the order placed by the customer via the Internet or by e-mail has been confirmed by BILDLOGISTIK by e-mail. By doing so, the customer accepts these General Terms and Conditions.

3.2. All agreements, collateral agreements, assurances and amendments to the contract must be made in text form. This also applies to the waiver of the text form agreement itself. Verbal collateral agreements and/or changes/additions are void.

3.3. The customer shall inform BILDLOGISTIK in writing of any special requirements for the services of BILDLOGISTIK in due time before the conclusion of the contract.

  1. Time of performance, delivery, delivery dates, delay in performance

4.1. Binding performance dates or deadlines must be agreed expressly and in text form. The delivery times stated by BILDLOGISTIK are agreed upon with the proviso that they can be approx. 24 hours shorter or longer. In the absence of a corresponding agreement, BILDLOGISTIK shall make every effort to comply with non-binding or approximate (approx., about, etc.) performance dates and deadlines.

4.2. Performance periods begin at the earliest with the customer’s receipt of BILDLOGISTIK’s order confirmation, but not before all details of the execution of the order have been clarified and all other requirements to be fulfilled by the customer – in particular the shipment of the goods to be photographed – have been met. The same applies to performance dates. If the customer has requested changes to the service after the order has been placed, a new performance period begins with the confirmation of the changes by BILDLOGISTIK.

4.3. Services before the expiry of the agreed performance and delivery time are permissible. BILDLOGISTIK is entitled to partial performance. In the absence of a written agreement to the contrary, the interest in the performance of BILDLOGISTIK shall only lapse if BILDLOGISTIK fails to perform essential services or performs them with delay.

4.4. If BILDLOGISTIK is in default, the customer must first set BILDLOGISTIK a reasonable grace period for performance in writing. If this period expires without result, claims for damages due to breach of duty – irrespective of the reason – shall only exist in accordance with the provisions in Section 2. 12.

4.5. BILDLOGISTIK is not in default as long as the customer is in default with the fulfillment of obligations towards BILDLOGISTIK, including those from other contracts.

4.6. In the event of a delay in performance for which BILDLOGISTIK is responsible due to intentional or grossly negligent conduct, the customer is entitled to compensation for any damage demonstrably caused by the delay. For the rest, reference is made to Note 12.

  1. Delay, postponement and interruption of services

If the performance of the services is delayed due to a circumstance for which the customer is responsible, BILDLOGISTIK is entitled – unless otherwise agreed with the customer – to demand immediate payment of the agreed remuneration, or to withdraw from the contract, or to refuse performance and demand damages in lieu of the entire performance, at BILDLOGISTIK’s discretion, after setting and fruitless expiration of a 14-day grace period. The deadline must be set in writing or in text form. BILDLOGISTIK does not have to refer to the rights from this clause again. In the event of a claim for damages, BILDLOGISTIK is entitled to demand a lump-sum compensation amounting to 20% of the agreed net remuneration instead of the concrete amount of damages. The customer reserves the right to prove a different amount of damage or the non-occurrence of damage with regard to the lump-sum compensation.

  1. Acceptance

6.1. The customer is obligated to immediate acceptance after the photos have been transmitted electronically to the customer, as far as BILDLOGISTIK is obligated to a work performance.

6.2. If, despite the existence of the conditions set forth in sec. 4.1 conditions mentioned the acceptance for reasons for which the customer is responsible, the acceptance shall be deemed to have taken place after the expiry of 2 days after the photos have been transmitted by BILDLOGISTIK.

  1. Cooperation obligations of the customer

It is the customer’s responsibility to create the conditions within his sphere to enable BILDLOGISTIK to provide the contractual services completely and in accordance with the contract. This includes sending the products to be photographed to BILDLOGISTIK free of charge. BILDLOGISTIK will not accept carriage forward shipments.

  1. Cost estimate and cost limit

8.1. Cost estimates shall in principle not constitute a binding confirmation of the binding remuneration to be paid for the execution, unless the remuneration owed by the customer upon execution is designated as binding.

8.2. Cost estimates may be exceeded by BILDLOGISTIK in the case of an order by up to 10% without the need for the customer’s consent. This does not apply if BILDLOGISTIK has expressly designated a specific cost amount or remuneration as binding.

8.3. The performance of additional work always requires the consent of the customer.

  1. Reservation of self-delivery, force majeure and other hindrances

9.1. If, for reasons for which BILDLOGISTIK is not responsible, BILDLOGISTIK does not receive deliveries or services from its sub-suppliers and subcontractors, or does not receive them properly or in a timely manner, despite proper coverage, or if events of force majeure occur, BILDLOGISTIK shall inform its customer in a timely manner. In this case, BILDLOGISTIK is entitled to postpone the performance for the duration of the impediment, or to withdraw from the contract in whole or in part due to the unfulfilled part, provided that BILDLOGISTIK has fulfilled its aforementioned duty to inform and has not assumed any procurement risk. Force majeure shall include strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks for which BILDLOGISTIK is not responsible, operational hindrances for which BILDLOGISTIK is not responsible, e.g. due to fire, water and machine damage, and all other hindrances for which BILDLOGISTIK is not responsible from an objective point of view.

9.2. If a performance and/or completion date has been bindingly agreed upon and is not met due to events according to the aforementioned sec. 9.1 the agreed date of performance and completion is exceeded, the customer shall be entitled to withdraw from the contract with respect to the unfulfilled part of the contract after a reasonable grace period set by the customer has expired without result, if the customer cannot objectively be expected to adhere to the contract any longer. Further claims of the customer, in particular claims for damages, are excluded in this case.

  1. Shipping and transfer of risk, insurance

10.1. Unless otherwise agreed in text form, the service will be sent in accordance with the provisions set out in the BILDLOGISTIK website. The service is sent electronically by sending a link to the e-mail address provided by the customer, where the order can be downloaded by the customer. The customer is obligated to immediately download the photos that can be called up via the link sent by BILDLOGISTIK as well as to save them by means of his own suitable storage medium.

10.2. Items required for order processing will be shipped to addresses in Germany – with the exception of items that must be shipped by freight forwarding – back to the orderer at BILDLOGISTIK’s expense. BILDLOGISTIK reserves the right to choose the transport route and the means of transport. Currently, the return shipment is carried out via the logistics service provider Hermes and is insured up to a value of goods in the amount of € 500.00 .

If shipment is delayed at the request of or through the fault of the customer, the items shall be stored at the expense and risk of the customer. In this case, the notification of readiness for shipment is equivalent to the shipment.

The risk of accidental loss or accidental deterioration shall pass to the customer upon handover of the items to be returned to the customer or to the undertakings designated to carry out the shipment, but no later than upon leaving the BILDLOGISTIK branch office or 14 days after being made available to the customer in the case of agreed collection.

If the shipment is delayed due to BILDLOGISTIK exercising its right of retention as a result of the customer’s default in payment in whole or in part, or for any other reason for which the customer is responsible, the risk shall pass to the customer no later than the date of notification of readiness for shipment.

  1. Notice of defects, breach of duty, warranty

11.1. Recognizable breaches of duty due to poor performance are to be reported by the customer without delay, at the latest, however, 2 days after the transfer of performance – also with regard to a part of the performance usable by the customer – hidden defects without delay, at the latest, within the time period specified in para. 11.7. warranty period in text form. Failure to give notice of defects in due time shall exclude any warranty claim of the customer.

11.2. Other breaches of duty are to be warned by the customer immediately in text form, setting an appropriate remedy period, before the assertion of further rights.

11.3. Defects for which the customer is responsible as well as unjustified complaints will be invoiced to the customer according to BILDLOGISTIK’s general rates of remuneration plus the respective statutory value added tax, insofar as they trigger activities on the part of BILDLOGISTIK.

11.4. If BILDLOGISTIK is responsible for a defect, the defect shall be remedied at BILDLOGISTIK’s discretion by free-of-charge repair or replacement delivery, whereby BILDLOGISTIK shall in principle be granted two attempts at subsequent performance.

Only technical deficiencies that could have been avoided according to the previous state of the art are considered justified defects, but not taste aspects. If the client has not given BILDLOGISTIK any explicit instructions regarding the design and/or further processing of the photographs, complaints regarding the image conception as well as the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. BILDLOGISTIK retains the right to remuneration for work already begun.

11.5. In the event of notices of defects, payments by the customer may only be withheld to an extent that is in reasonable proportion to the material defects that have occurred.

11.6. BILDLOGISTIK’s warranty is excluded unless defects and related damages are demonstrably due to defective material or poor workmanship. Furthermore, claims for defects shall not exist in the event of only insignificant deviations from the agreed or customary quality or usability of the contractual goods or services.

11.7. In the event of breaches of duty within the scope of services, BILDLOGISTIK shall provide a warranty for a period of one year, calculated from the date of the statutory commencement of the limitation period, unless another legally binding, longer limitation period applies, unless otherwise agreed in writing. For the rest, reference is made to Note 12.

11.8. Further claims of the customer due to or in connection with defects or consequential damage caused by defects, irrespective of the reason, shall only exist in accordance with the provisions of Clause 12, unless they are claims for damages under a performance guarantee. In this case, reference is made to Clause 12.2.

11.9. The recognition of poor performance always requires text form.

11.10. A reversal of the burden of proof is not associated with the above provision.

  1. Exclusion and limitation of liability

12.1. BILDLOGISTIK is not liable, in particular not for claims of the customer for damages, regardless of the legal basis. This foregoing exclusion shall not apply in the following cases:

  • for culpable violation of essential contractual obligations (i.e. such contractual obligations on whose fulfillment by the Supplier the Purchaser must be able to rely in any case according to the nature of the legal transaction);
  • in case of injury to life, body and health;
  • insofar as BILDLOGISTIK has, by way of exception, expressly assumed a guarantee for the quality of its performance or the existence of a performance outcome or a procurement risk
  • in case of intent and gross negligence;
  • in case of defects that BILDLOGISTIK has fraudulently concealed;
  • as well as in the case of liability under the Product Liability Act.

12.2. BILDLOGISTIK’s liability is limited to the foreseeable damage typical for the contract in cases of slightly negligent violation of essential contractual obligations (see section 12.1).

12.3. A reversal of the burden of proof is not associated with the above provisions.

12.5. Any further liability is excluded.

12.6. The exclusions or limitations of liability pursuant to the above Sections 12.2 to 12.5 shall apply to the same extent in favor of BILDLOGISTIK’s executive and non-executive employees and other vicarious agents as well as subcontractors.

12.7. The above provisions do not reverse the burden of proof.

  1. Prices, terms of payment, plea of uncertainty

13.1. All prices are quoted in Euro plus value added tax to be borne by the customer at the statutory rate.

13.2. BILDLOGISTIK is entitled to unilaterally increase the remuneration appropriately (§ 315 BGB) in the event of an increase in material procurement costs, wage and ancillary wage costs, energy costs and other costs if there are more than four months between the conclusion of the contract and the agreed date of performance. An increase in the aforementioned sense is excluded to the extent that the cost increase in the aforementioned factors is offset by a cost reduction in other of the aforementioned factors with respect to the total cost burden for the delivery.

13.4. BILDLOGISTIK’s invoices are payable within 10 days of the invoice date without discount or other deductions.

13.5. The customer shall be in default of payment within 10 days of the invoice date even without a reminder.

13.6. Upon the occurrence of default, interest on arrears shall be charged at a rate of nine percentage points above the respective base interest rate. The date of payment is the date on which the money is received by BILDLOGISTIK or credited to the account of BILDLOGISTIK. We reserve the right to assert claims for damages in excess thereof. In all other respects, default in the fulfillment of a claim shall result in the immediate maturity of all further claims on the part of BILDLOGISTIK arising from the business relationship.

13.7. If payment terms are not complied with or if circumstances become known or recognizable which, according to BILDLOGISTIK’s due commercial discretion, give rise to justified doubts about the customer’s creditworthiness, including facts which already existed at the time of the conclusion of the contract but which were not known or should not have been known to BILDLOGISTIK, BILDLOGISTIK shall be entitled, without prejudice to further statutory rights in such cases, to stop further work on current orders or deliveries and to demand advance payments or the provision of securities acceptable to BILDLOGISTIK for outstanding deliveries and to withdraw from the contract after the unsuccessful expiry of a reasonable grace period for the provision of such securities – without prejudice to further statutory rights. The customer is obliged to compensate BILDLOGISTIK for all damages resulting from the non-execution of the contract.

13.8. If payments are deferred and these are made later than agreed, interest shall be owed for the deferral period at a rate of nine percentage points above the base interest rate applicable at the time the deferral agreement was concluded, without any notice of default being required.

13.9. The customer shall have a right of retention or set-off only with respect to counterclaims that are not disputed or have been finally determined by a court of law, unless the counterclaim is based on a breach of material contractual obligations pursuant to Section 12.1 on the part of BILDLOGISTIK. A right of retention can only be exercised by the customer if his counterclaim is based on the same contractual relationship.

  1. Rights of use

14.1. BILDLOGISTIK transfers the exclusive rights of use of the photos to the customer. The rights of use shall not pass to the customer until the remuneration has been paid in full.

14.2. BILDLOGISTIK is entitled to use the services on its own website and within the scope of its own company presentation and advertising. For the purpose of presenting references, BILDLOGISTIK is entitled to use the services, stating and naming the client (as well as using the client’s company name or industrial property rights), insofar as this does not conflict with individual contractual agreements.

  1. Place of performance, place of jurisdiction, applicable law

15.1. The place of performance for all contractual obligations is the registered office of BILDLOGISTIK. The exclusive place of jurisdiction for all disputes is – as far as legally permissible – Cologne. However, BILDLOGISTIK is also entitled to sue the customer at his general place of jurisdiction.

15.2. All legal relations between the customer and BILDLOGISTIK shall be governed exclusively by the substantive law of the Federal Republic of Germany, in particular excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.

  1. Changes to the GTC, Final Provisions, Notice

16.1. The customer will be notified of any changes to these terms and conditions in text form. It can also be viewed on the Internet at www.BILDLOGISTIK.de. The GTC shall be deemed to have been approved by the customer if the customer does not raise an objection in text form in due time. BILDLOGISTIK must specifically point out this legal consequence with the notification of change. The customer must send the objection to BILDLOGISTIK within six weeks after receipt of the change notification.

16.2. In the event of rejection of the opening of insolvency proceedings against the assets of the customer for lack of assets or the customer’s cessation of payments not based on rights of retention or other rights, BILDLOGISTIK shall be entitled to withdraw from the contract at any time or to make performance dependent on the prior fulfillment of the payment obligation. If the service has already been rendered, the invoice amount shall be due immediately in the aforementioned cases.

16.3 The customer is not entitled to transfer his contractual rights without the consent of BILDLOGISTIK. § 354a HGB remains unaffected.

16.4. Should any present or future provision of the concluded contract be or become invalid/void or unenforceable in whole or in part for reasons other than §§ 305-310 BGB, this shall not affect the validity of the remaining provisions of this contract.
The same shall apply if a gap requiring supplementation arises after conclusion of the contract. The parties shall replace the invalid/void/unenforceable provision or gap requiring filling by a valid provision which in its legal and economic content takes into account the invalid/void/unenforceable provision and the overall content of the contract. The provision of § 139 BGB (partial invalidity) is expressly excluded.

GOTTWALDSTRASSE 17
45525 HATTINGEN
GERMANY

+49 2324 86 72 135
[email protected]
WWW.BILDLOGISTIK.DE

All prices are excl. of the statutory value-added tax is indicated.

© 2020 Image Logistics

Imprint

IMAGE LOGISTICS
a service from NICOSOCHA STUDIOS (www.nicosocha.com)

Zum Ludwigstal 15
45527 Hattingen

Phone: +49 2324 68 350 20
E-mail: [email protected]

Sales Tax ID:
Sales tax identification number according to §27a Umsatzsteuergesetz:
350/526/1290

Disclaimer – legal notice

§ 1 Content warning
The free and freely accessible contents of this website have been created with the greatest possible care. However, the provider of this website does not guarantee the accuracy and timeliness of the provided free and freely accessible journalistic guides and news. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. Simply by calling up the free and freely accessible content, no contractual relationship is established between the user and the provider; in this respect, the provider’s intention to be legally bound is lacking.

§ 2 External links
This website contains links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first created, the provider checked the external content for any legal violations. No legal violations were apparent at the time. The provider has no influence on the current and future design and content of the linked pages. The inclusion of external links does not imply that the provider adopts the content behind the reference or link as its own. Constant monitoring of external links is not reasonable for the provider without concrete evidence of legal violations. However, such external links will be deleted immediately upon knowledge of any legal violations.

§ 3 Copyrights and ancillary copyrights
The contents published on this website are subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or distribution of individual content or complete pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted.

The display of this website in external frames is only permitted with written permission.

§ 4 Special Terms of Use
Insofar as special conditions for individual uses of this website deviate from the aforementioned paragraphs, this will be expressly indicated at the appropriate place. In this case, the special terms of use apply in each individual case.

Privacy

Scope of application
This data protection declaration informs users about the type, scope and purpose of the collection and use of personal data by the responsible provider [NICOSOCHA STUDIOS, zum Ludwigstal 15. 45527 in Hattingen, e-mail: [email protected], phone: +49 2324 68 271 98] on this website (hereinafter referred to as “offer”).

The legal basis for data protection can be found in the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).

Making contact
When contacting the provider (e.g. via contact form or e-mail), the user’s details are stored for the purpose of processing the inquiry and in the event that follow-up questions arise.

Integration of third-party services and content
It may happen that third party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites are integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as “third-party providers”) perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of the respective user. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. However, we have no influence if the third-party providers store the IP address, e.g. for statistical purposes. Insofar as this is known to us, we inform the users about it.

Cookies
Cookies are small files that allow to store on the user’s access device (PC, smartphone or similar) specific information related to the device. On the one hand, they serve the user-friendliness of websites and thus the users (e.g. storage of login data). On the other hand, they are used to collect statistical data of the website usage and to be able to analyze them for the purpose of improving the offer. Users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. However, it should be noted that the use and especially the comfort of use will be limited without cookies.

You can set many online ad cookies from companies via the US site http://www.aboutads.info/choices/ or the EU site
Manage http://www.youronlinechoices.com/uk/your-ad-choices/ .

Google Analytics
This offer uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on users’ computers, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by users is usually transmitted to a Google server in the U.S. and stored there.

In the event that IP anonymization is activated on this website, however, Google will truncate the user’s IP address beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information for the purpose of evaluating the use of the website by users, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if you do this you may not be able to use the full functionality of this website. Users can also prevent the collection of data generated by the cookie and related to their use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s use of data for advertising purposes, setting options and opt-out options, please visit Google’s website: https://www.google.com/intl/de/policies/privacy/partners/ (“Data use by Google when you use our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“Data Use for Advertising Purposes”), http://www.google.de/settings/ads (“manage information that Google uses to serve ads to you”) and http://www.google.com/ads/preferences/ (“Determine what ads Google shows you”).

As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent Google Analytics from collecting data within this website in the future. In the process, an opt-out cookie is placed on your device. If you delete your cookies, you must click this link again.

Revocation, changes, corrections and updates
The user has the right to receive, upon request and free of charge, information about the personal data stored about him. In addition, the user has the right to correct incorrect data, blocking and deletion of his personal data, provided that this does not conflict with any legal obligation to retain data.

AGB

Validity
1. The following General Terms and Conditions of Delivery and Business (hereinafter referred to as GTC) shall apply to all orders, offers, deliveries and services provided by the photographer.

2. they shall be deemed agreed upon acceptance of the delivery or service or the photographer’s offer by the customer, but at the latest upon acceptance of the photographic material for publication.

3. if the customer wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not be valid unless the photographer recognizes them in writing.

4. the GTC shall also apply to all future orders, offers, deliveries and services of the photographer within the framework of an ongoing business relationship, even without express inclusion, unless expressly agreed otherwise.

Commissioned productions
1. If the Photographer provides cost estimates, these are non-binding. If cost increases occur during production, the photographer shall only be notified if it becomes apparent that the originally estimated total costs are likely to be exceeded by more than 15%. If the scheduled production time is exceeded for reasons for which the photographer is not responsible, additional remuneration shall be paid on the basis of the agreed time-based fee or in the form of a reasonable increase in the flat-rate fee.

2. the photographer shall be entitled to commission services from third parties, which must be purchased in order to carry out the production, in the name and with the authorization of and for the account of the customer.

3. unless otherwise agreed, the photographs presented to the customer for approval after completion of the production shall be selected by the photographer.

4. if the photographer has not received any written notification of defects within two weeks of delivery of the photographs, the photographs shall be deemed to have been accepted in accordance with the contract and free of defects.

Provided image material (analog and digital)
1. the GTC apply to all image material provided to the customer, regardless of the stage of creation or the technical form in which they are available. They also apply in particular to electronic or digitally transmitted image material.

2. the customer acknowledges that the photographic material supplied by the photographer constitutes photographic works protected by copyright within the meaning of Section 2 (1) of the German Copyright Act. Item 5 Copyright Act.

3. design proposals or concepts commissioned by the customer are independent services which are to be remunerated.

4. the photographic material provided shall remain the property of the photographer, even in the event that compensation is paid for it.

5. the customer must treat the photographic material carefully and with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.

6 Complaints concerning the content of the delivered consignment or the content, quality or condition of the photographic material must be notified within two weeks of receipt. Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as recorded.

Rights of use
1. the customer only acquires a simple right of use for a single use. Unless otherwise agreed, publications on the Internet or inclusion in digital databases are limited in time to the duration of the publication periods of the corresponding or a comparable
print object.

2. exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.

3. only the right of use is transferred with the delivery for the one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or data carrier which the customer has specified or which results from the circumstances of the order placement. In case of doubt, the purpose of use for which the image material was made available as evidenced by the delivery bill or the shipping address shall be decisive.

4. any use, exploitation, reproduction, distribution or publication beyond the scope of clause 3 is subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
– any secondary use or secondary publication, in particular in anthologies, product-accompanying brochures, advertising measures or other reprints, any editing, modification or redesign of the image material,
– the digitization, storage or duplication of the photographic material on data carriers of any kind (e.g. magnetic, optical, magneto-optical or electronic carriers such as CD-ROM, DVD, hard disks, RAM, microfilm, etc.), insofar as this is not merely for the technical processing and management of the photographic material pursuant to Art. Section III 5 of the GTC,
– any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (even if these are internal electronic archives of the customer),
– the transfer of the digitized image material by means of remote data transmission or on data carriers that are suitable for public reproduction on screens or for the production of hard copies.

5. changes to the photographic material by means of photo composing, montage or electronic means for the creation of a new copyright-protected work are only permitted with the prior written consent of the photographer and only in the case of Marking with [M] is permitted. The image material must also not be signed off, are photographed or otherwise used as a motif.

6. the customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, including to other group companies or subsidiaries. Any use, reproduction or forwarding of the photographic material is only permitted permitted on condition that the copyright notice specified by the photographer is copyright notice specified by the photographer in unambiguous attribution to the respective image.

7. the granting of the rights of use is subject to the condition precedent of the complete payment in full of all payment claims of the photographer arising from the respective contractual relationship.

Liability
1. the photographer assumes no liability for the infringement of rights of persons or objects depicted, unless a signed release form is enclosed. The acquisition of rights of use beyond photographic copyright, e.g. for depicted works of fine or applied art, as well as the obtaining of publication permissions from collections, museums, etc. is the responsibility of the customer. The customer shall be responsible for the text and the context resulting from the specific publication.

2. the customer shall be responsible for the proper use of the image material from the time of proper delivery.

Fees
1. 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 is subject to the respective applicable
Value added tax.

2. the agreed fee shall cover the one-off use of the photographic material for the agreed purpose in accordance with Clause 2. IV. 3.

3. costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the client.

4 The fee claim is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The Photographer shall be entitled to demand advance payments for production orders in accordance with the scope of services rendered.

5. the fee in accordance with VI. 1. of the GTC shall be paid in full even if the image material commissioned and supplied is not published. If the photographs are used as a template for layout and presentation purposes, a fee of at least EURO 75.00 per photograph will be charged, unless otherwise agreed.

6. offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. Offsetting against disputed counterclaims that are ready for decision is also permitted.

Return of the image material
1. analog image material must be returned in the delivered form immediately after the
publication or the agreed use, but no later than 3 months after
the date of delivery, without being asked to do so; please enclose two
Specimen copies. An extension of the 3-month period requires the written consent of the
Permission of the photographer.

2. digital data must always be deleted or the data carriers destroyed after use. The photographer is not liable for the existence and/or the possibility of a renewed delivery of the data.

3. if the photographer provides photographic material at the customer’s request or with the customer’s consent solely for the purpose of checking whether it is suitable for use or publication, the customer must return analog photographic material within one month of receipt at the latest, unless a different deadline is stated on the delivery bill. Digital data must be deleted or the data carriers must be destroyed or returned. An extension of this period shall only be effective if it has been confirmed in writing by the photographer.

4. the customer shall return the photographic material at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage.
Damage during transportation until receipt by the photographer.

Contractual penalty, damages
1. in the event of any unauthorized (without the photographer’s consent) use, utilization, reproduction or disclosure of the photographic material, a contractual penalty in the amount of five times the usage fee shall be payable for each individual case, subject to further claims for damages.

2. if the copyright notice is omitted, incomplete, incorrectly placed or not assignable, a surcharge of 100% of the agreed or customary usage fee shall be payable.

General information
1. the law of the Federal Republic of Germany shall apply as agreed, including for deliveries abroad.

2. collateral agreements to the contract or to these GTC must be made in writing to be effective.

3. any 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.

4. place of fulfillment and jurisdiction is, if the customer is a registered trader, the photographer’s place of residence.