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© Copyright

Conditions

§ 1 Validity and General
 

  1. The following general terms and conditions (hereinafter referred to as GTC) apply to all business transactions of Frank Freudenthaler (hereinafter referred to as photographer), ie for all orders, offers, deliveries and services carried out. They are part of all contracts that we conclude with our customers (hereinafter referred to as clients) for the services we offer.
     

  2. These GTC serve to regulate and clarify some of the content of the contractual relationship, which is otherwise determined by the content of the individual order. If the contracting parties have made deviating agreements, these take precedence over these General Terms and Conditions.
     

  3. "Photographs" within the meaning of these terms and conditions are all products produced by the photographer, in particular image recordings, regardless of the technical form or with which medium they were created or are available (paper images, images on canvas, images in digitized form on CD/DVD, USB or other storage media, slides, negatives, etc.).
     

  4. "Photoshooting" within the meaning of these terms and conditions refers to the planned and organized period of time in which photographs are taken for the agreed order.

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§ 2 Order Execution

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  1. The basis for the contract is the respective offer from the photographer, in which all agreed services and the remuneration are stipulated. These offers from the photographer are subject to change and non-binding.
     

  2. The photographer and the client agree on the timing and location of the photo shoot before the order is carried out.
     

  3. Unless the client has given express instructions regarding the design of the photographs, the photographer is free to choose the image and the artistic and technical design. Complaints in this regard are excluded.
     

  4. If necessary, the photographer can have the photo shoot carried out by a third party.
     

  5. The photographer selects the photographs that are presented to the client for approval. The minimum number of photographs to be submitted is determined by the offer.
     

  6. The client will only receive processed high-resolution image material in JPEG format or in another agreed format. The delivery of unprocessed digital raw data (RAW) is excluded.
     

  7. The storage of the digital image data after completion of the order is not part of the order.
     

  8. The photographer has the right to store the digital image data of the photographs submitted for acceptance as proof of his authorship.

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§ 3 Copyright

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  1. The photographer is entitled to the copyright to all photographs made as part of the respective order in accordance with the law on copyright and related property rights (UrhG).
     

  2. The client acknowledges that the photographic material provided by the photographer is a work protected by copyright, in particular photographic works within the meaning of Section 2 (1) No. 5 UrhG.
     

  3. In the case of photographs of persons and objects to which third-party copyrights, property rights or other third-party rights exist, the client is obliged to obtain the consent of the persons depicted and the rights holders required for the production and use of the images.

    If, contrary to expectations, a person objects to the photographer taking a picture of himself or an object during a photo shoot, the photographer will not take any photographs of the person or the object and will delete any photographs of the person or the object that have already been taken. The customer has no claim to the production, retention or transfer of such a photograph.

 

§ 4 Right of Use

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  1. The photographer transfers a simple right of use to the photographs to the client. This only includes private, non-commercial use.
     

  2. The rights of use to be transferred are only transferred to the client after the agreed fee has been paid in full.
     

  3. The customer of a photograph within the meaning of § 60 UrhG has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred. § 60 UrhG is expressly waived.
     

  4. Any modification or further processing (e.g. through photo composing, assembly or other aids) of the photographs supplied is not permitted and requires the prior, express written consent of the photographer.
     

  5. Commercial/commercial use of the photographs - in whatever form - by the client himself or by third parties is not permitted and requires the prior, express written consent of the photographer.
     

  6. A transfer of rights of use to third parties is not permitted and requires the prior, express written consent of the photographer.
     

  7. Individual deviations in the rights of use and copyrights and special conditions for people from contemporary history must be agreed separately.

 

§ 5 Remuneration

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  1. For the production of the photographs, a fee is agreed and calculated as an hourly rate, daily rate or a flat rate plus any travel expenses.
     

  2. Unless another payment period is specified, due invoices are to be paid within 14 days without deduction.
     

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

  4. If the time provided for the execution of the order is significantly exceeded for reasons for which the photographer or his vicarious agent is not responsible or is extended at the request of the client, the photographer's fee increases, provided that a flat-rate price based on a time frame was agreed, according to the additional time required. If a time fee has been 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.
     

  5. A deposit of EUR 250.00 is due upon signing the contract (wedding contract) (unless otherwise agreed). The dates specified in the contract are only binding when the photographer has received the amount. If the advance payment does not arrive on time, the photographer is not obliged to carry out the order.
     

  6. The client can terminate the contract at any time until the work has been completed. announces the
    client, the photographer is entitled to demand the agreed remuneration; however, he must offset what he saves in expenses as a result of the cancellation of the contract or earns or maliciously fails to earn by using his labor for other purposes. It is assumed that the photographer is then entitled to 5 percent of the agreed remuneration for the part of the work that has not yet been performed.

 

§ 6 Right of Withdrawal

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The client has a right of withdrawal for contracts concluded outside of business premises and for distance contracts.

 

Right of cancellation

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract was concluded.

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To exercise your right of withdrawal, you must send me (Frank Freudenthaler Fotografie | Wohldweg 24 |  24558 Henstedt-Ulzburg | Tel.: 0151-23131173 | E-Mail: kontakt@frankfreudenthaler.de) by means of a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract.

 

You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you revoke this contract, we will owe you all payments that we have received from you,

including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

 

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

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withdrawal form

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Please send the cancellation form fully completed to the address below if you wish to cancel the contract.

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Frank Freudenthaler Photography | Wohldweg 24 | 24558 Henstedt-Ulzburg

Phone: 0151-23131173 | Email: kontakt@frankfreudenthaler.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods   (*) / the provision of the following service (*)

 

  • Ordered on (*) /received on (*)

 

  • Name of consumer(s)

 

  • Address of consumer(s)

 

  • of the consumer(s) (only in the case of notification on paper)
     

  • _____________________________________ (*) Delete where not applicable.

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§ 7 Liability

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  1. For the violation of obligations that are not directly related to essential contractual obligations, the photographer is only liable for himself and his vicarious agents in the case of intent and gross negligence. The photographer is also liable for damage resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty.
     

  2. The photographer is only liable for damage or loss (despite multiple security measures) of the digital image data in the event of intent and gross negligence.
     

  3. The photographer is not liable for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.
     

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

  5. The organization and allocation of bookings to the photographer as well as the execution are carried out with the greatest care. However, if, due to circumstances for which the photographer is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no photographer appears at the agreed photo session or if the photographer arrives too late, no liability can be accepted for any resulting resulting damage or consequences are assumed.
     

  6. Complaints of any kind must be received by the photographer within 14 days of delivery of the photographs. After the deadline, the photographs are deemed to have been accepted in accordance with the contract and free of defects.

 

§ 8 data protection

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  1. The client agrees that his personal data required for business transactions will be stored.
     

  2. The photographer undertakes to treat all information that has become known to him as part of the order as confidential.
     

  3. The photographer uses various external service providers to fulfill an order (e.g. photo laboratory, album printer, online gallery). The corresponding photographs and possibly also the associated customer data are transmitted to these service providers. These service providers are obliged to comply with data protection regulations and to only use personal data in accordance with instructions.
     

  4. The client receives the photographer's data protection declaration upon conclusion of the contract.

 

§ 9 Final provisions and severability clause

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  1. It is only the law of the Federal Republic of Germany.
     

  2. In the event that the customer does not have a place of jurisdiction in the Federal Republic of Germany or relocates his registered office or habitual residence abroad after the conclusion of the contract, the place of jurisdiction of the photographer is agreed as the place of jurisdiction.
     

  3. The photographer endeavors to settle any differences of opinion arising from the contract by mutual agreement with the client. In addition, the photographer is not willing and obliged to participate in dispute settlement procedures before a consumer arbitration board.
     

  4. Should a provision of these general terms and conditions be or become invalid or should the conditions contain a gap, the legal validity of the remaining provisions shall remain unaffected. Instead of the ineffective provision, an effective provision shall be deemed to have been agreed which comes as close as possible to the economic intent of the parties; the same applies in the event of a gap.

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