Terms and Conditions

Terms and Conditions (AGB)

I. General

1. The following terms and conditions apply to all orders given to the photographer. They are deemed to have been agreed if they are not immediately contradicted.

2. “Photographs” within the meaning of these terms and conditions are all products produced by the photographer, regardless of the technical form or medium in which they were created or exist. (Negatives, slides, paper images, still videos, electronic still images in digital form, videos, etc.)

II. Copyright

1. The photographer is entitled to the copyright to the photographs in accordance with the Copyright Act.

2. The photographs produced by the photographer are generally intended for the client’s own use only.

3. If the photographer transfers rights of use to his works, only the simple right of use is transferred - unless expressly agreed otherwise. The transfer of rights of use requires a special agreement.

4. The rights of use are only transferred to the photographer after full payment of the fee.

5. The person ordering a picture as defined in Section 60 of the German Copyright Act has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act is expressly waived.

6. When using the photographs, the photographer can, unless otherwise agreed, demand to be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.

7. The negatives remain with the photographer. The negatives will only be released to the client if a separate agreement has been made.

III. Remuneration, Retention of Title

1. A fee is charged for the production of the photographs as an hourly rate, daily rate or agreed flat rate plus statutory VAT; additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rental, etc.) are to be borne by the client. The photographer will provide end users with the final prices including VAT.

2. Invoices that are due must be paid within 14 days without deduction. The client will be in default if he does not pay invoices that are due within 30 (in words: thirty) days of receiving an invoice or equivalent payment request. The photographer reserves the right to bring about default at an earlier point in time by issuing a reminder after the due date.

3. The photographs delivered remain the property of the photographer until the purchase price has been paid in full.

4. If the client has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image perception and the artistic-technical design are excluded. If the client wishes to make changes during or after the production of the photographs, he must bear the additional costs. The photographer retains the right to remuneration for work already started.

IV. Liability

1. The photographer and his vicarious agents are only liable for the breach of duties that are not directly related to essential contractual obligations in the event of intent or gross negligence. He is also liable for damages resulting from injury to life, body or health and from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. The photographer is only liable for damages to objects being photographed, templates, films, displays, layouts, negatives or data in the event of intent or gross negligence - unless otherwise agreed.

2 . The photographer will keep the negatives carefully. He is entitled, but not obliged, to destroy negatives he has kept after three years from the end of the order. Before the negatives are destroyed, he will notify the client and offer him the negatives for sale.

3. The photographer is liable for the lightfastness and durability of the photographs only within the scope of the guarantee provided by the manufacturer of the photographic material.

4. The sending and return of films, images and templates is at the expense and risk of the client. The client can determine how and by whom the return is made.

V. Secondary obligations

1. The client assures that he has the right to reproduce and distribute all the material given to the photographer and, in the case of portraits, the consent of the persons depicted to publish, reproduce and distribute the material. The client is responsible for any claims for compensation from third parties based on the violation of this obligation.

2. The client undertakes to make the objects to be photographed available in good time and to collect them immediately after the photo shoot. If the client does not collect the objects after being asked to do so within two working days at the latest, the photographer is entitled to charge storage costs if necessary or, if his studio space is blocked, to store the objects at the client's expense. Transport and storage costs are borne by the client.

VI. Failure to perform, cancellation fee

1. If the photographer provides the client with several photographs to choose from, the client must return the photographs not selected within one week of receipt - unless a longer period has been agreed - at his own expense and risk. The photographer can demand payment for lost or damaged photographs, provided he is not responsible for the loss or damage.

2. If the photographer provides the client with images from his archive, the client must return the unselected images within one month of receipt by the client, and the selected images within one month of use. If the client fails to return the images, the photographer can demand a blocking fee of 1 (in words: one) euro per day and image, unless the client can prove that no damage was caused or that the damage is less than the flat rate compensation. In the event of loss or damage that precludes further use of the images, the photographer can demand compensation. The compensation amounts to at least 1,000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client can prove that no damage was caused or that the damage is less than the flat rate compensation. The photographer reserves the right to claim higher damages.

3. If the time allocated for carrying out the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee will increase accordingly if a flat rate was agreed. If an hourly fee is agreed, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage. If the client acted intentionally or negligently, the photographer can also assert claims for damages.

4. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding deadlines in the event of intent or gross negligence.

VII. Data Protection

Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information obtained in the course of the order as confidential.

VIII. Digital Photography

1. The digitization, storage and reproduction of the photographer’s photographs on any type of data storage medium requires the prior written consent of the photographer.

2. The transfer of rights of use does not include the right to storage and reproduction unless this right has been expressly transferred.

IX. Image processing

1. The processing of the photographer's photographs and their reproduction and distribution, analogue or digital, requires the photographer's prior consent. If a new work is created through photo composing, montage or other electronic manipulation, it must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of Section 8 of the Copyright Act.

2. The client is obliged to digitally store and copy the photographer’s photographs in such a way that the photographer’s name is electronically linked to the image data.

3. The client is 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 author of the images.

4. The client assures that he is entitled to commission the photographer to electronically process third-party photographs when he issues such an order. He releases the photographer from all claims by third parties based on the violation of this obligation.

5. Photographer's artistic freedom

The client is advised that the images are always subject to the artistic freedom of the photographer. Complaints and/or claims of defects regarding the artistic freedom of the photographer are therefore excluded. Subsequent requests for changes by the client require a separate agreement and are to be paid for separately.

X. Use and Distribution

1. The distribution of the photographer's photographs on the Internet and intranets, in online databases, in electronic archives that are not intended solely for the client's internal use, on diskettes, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between the photographer and the client.

2. The distribution of digitized photographs on the Internet and intranets and on data storage media 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.

3. The reproduction and distribution of edits made by the photographer electronically require the prior written consent of the photographer.

4. The photographer is not obliged to release data storage media, files and data to the client unless this has been expressly agreed in writing.

5. If the client wishes the photographer to provide him with data storage media, files and data, this must be agreed upon and paid for separately.

6. If the photographer has made data storage media, files and data available to the client, these may only be changed with the prior consent of the photographer.

7. The risk and costs of transporting data media, files and data online and offline are borne by the Client; the Contractor may determine the method of transmission.

XI. Final Provisions

The place of performance for all obligations arising from the contractual relationship is the registered office of the photographer if the contractual partner is not a consumer. If both contractual parties are merchants, legal entities under public law or a special fund under public law, the registered office of the photographer is agreed as the place of jurisdiction.

XII. Cancellation policy for distance contracts and contracts concluded outside the business premises:

Right of withdrawal:

You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email). The revocation must be made expressly; simply returning the goods received is not sufficient. The period begins after receipt of this instruction in text form, but not before receipt of the goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) by the recipient and also not before fulfillment of the information obligations in accordance with Article 246 a § 1 paragraph 2 sentence 1 no. 1 or Article 246 b § 2 sentence 1 EGBGB. To comply with the revocation period, it is sufficient to send the revocation in good time.

The revocation must be addressed to:

Antipova Svetlana

Im WIlmkesfeld 51

46236, Bottrop

Kontakt:

Telefon: +49 157 54988577

E-Mail: antipovaphotography@gmail.com

Consequences of revocation:

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the service received to us in whole or in part, or only in a deteriorated condition, you must pay compensation for the value. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as an owner and refraining from anything that impairs its value. The goods received must be returned at our risk, but you must bear the cost of returning the goods if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send the cancellation notice, for us when we receive it.

Important instructions:

If the contract is for the provision of services, the following special features apply: If we begin providing the service at your express request before the end of the cancellation period, your right of cancellation expires when the service has been fully provided. We are entitled to remuneration for partial services provided up to the time of cancellation. By accepting these terms and conditions, you declare that you are aware of the loss of your right of cancellation under the conditions mentioned. If the contract is for the delivery of digital content that is not on a physical data carrier, your right of cancellation expires if you expressly agree to the fulfillment of the contract before the end of the cancellation period. By accepting these terms and conditions, you declare that you are aware of the loss of your right of cancellation under this condition. The right of cancellation does not apply if you have acted in the exercise of your commercial or independent professional activity. The right of cancellation does not apply if the content of the contract is the delivery of goods that are manufactured according to your specifications and that are clearly tailored to your personal needs.