AGeneral

Gebusiness-

BTerms and Conditions

1 - Scope

The following general terms and conditions apply exclusively to all business relationships between the parties. Conflicting terms and conditions of the respective customer, hereinafter referred to as "client", do not apply unless Jörg Panten - a.pertura Fotografie, hereinafter referred to as "contractor", has expressly agreed to their validity.

Photos within the meaning of these terms and conditions are all analogue or digital products produced by the contractor, regardless of the technical form or medium in which they were created or exist. This includes printed or exposed paper images, printed or exposed images in photo books, digital images in online galleries or images and videos stored on other data carriers.

2 - Conclusion of contract

The contract is concluded within the meaning of the German Civil Code (BGB) as soon as a binding date has been agreed between the parties.

3 - Payment

Immediately after the conclusion of the contract, a deposit of 40% of the agreed fee must be paid into a bank account specified by the contractor or via a payment service (PayPal, Western Union, Postbank, etc.). The remaining amount must be paid in cash on the agreed date.

4 – Resignation and its consequences

a) Up to 14 days before the appointment:

Refund of the deposit.

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b) Up to 6 days before the appointment:

Deposit is forfeited (but the booking can be transferred to another person)

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c) 5 days before the agreed date or later:

The full contractually agreed price must be paid. The same applies if you do not show up for the appointment. (The booking can also be transferred to another person)

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At the latest 24 hours before the agreed date, the client must confirm this in writing (WhatsAPP, SMS, e-mail) at the request of the contractor.

If the client does not respond, the appointment will be cancelled. There will then be no entitlement to the service being provided by the contractor and the agreed fee will be paid in full.

In case of cancellation by the contractor, the deposit will be refunded in any case.

5 - Obligations of the Client

The client must ensure that the contractor has all the information required to carry out the order in a timely manner. The client must ensure that photography is permitted at the respective locations. Any waiting times that may arise for the contractor due to photography bans count as working time.

The client is advised that photos are always subject to the artistic freedom of the photographer. Complaints and/or claims of defects regarding the artistic freedom of the contractor, the location of the photo shoot and the optical and technical means of photography used are therefore excluded. Subsequent requests for changes by the client require a separate agreement and order and may be subject to separate payment.

The client bears the risk for all circumstances for which the contractor is not responsible (weather allowances for outdoor shots, timely provision of products, presence of props, insofar as procurement is the responsibility of the client, travel bans, non-appearance of announced representatives of the client, etc.).

The contractor is responsible for the services offered. The contractor works as a sole photographer without employees. The contractor takes photographs as part of the client's photo production to the extent agreed in the contract.

The contractor is responsible for producing the photos in a common file format (e.g. jpeg). The client has no right to receive files in RAW format.

The contractor will hand over the photos to the client no later than two weeks after the photo session.

6 – Image processing and image rights

The contractor processes the photos according to the client's specifications. If these are not implemented as desired, the client has the right to request that the contractor make improvements. If this improvement does not produce the result desired by the client, the contractor is not obliged to make any further improvements, with reference to the artistic freedom.

The photos are edited using the latest Adobe software (Photoshop) in the standard RGB color space on a monitor specially calibrated for image editing. The highest color accuracy is therefore guaranteed.

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Complaints about image quality with regard to color, brightness, contrast, etc. are excluded, as these are based on the different quality of the various playback media (smartphone displays, laptop screens, etc.) and, of course, on the different perceptions of the respective viewers.

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The client only has sole image and exploitation rights to the photos created after full payment of the fee. The provisions of the Copyright Act apply.

The photos produced by the contractor are generally intended for the client's own use only. If the contractor transfers rights of use to his works, only the simple right of use is transferred - unless expressly agreed otherwise. Any transfer of rights of use requires a special agreement.

The person ordering an image 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.

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

The RAW files remain with the contractor. They will only be released to the client if a separate agreement has been made.

The contractor may use the photos from the photo production for self-promotion and for illustration purposes in publications (e.g. for exhibitions, trade fairs, homepages, blogs, specialist photography magazines, etc.), unless the client expressly refuses to consent to the use of the photos for self-promotion.

7 - Liability

1. The Contractor shall be liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

2. In other cases, the contractor is liable - unless otherwise provided for in Section 7.3 of these General Terms and Conditions - only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the client can therefore regularly rely (so-called cardinal obligation). In all other cases, the contractor's liability is excluded, subject to the provisions of Section 7.3 of these General Terms and Conditions.

3. To the extent that the contractor is liable in accordance with Section 7.1 of these General Terms and Conditions, this liability is limited to damages that the contractor foresaw as a possible consequence of a breach of contract when concluding the contract or should have foreseen if he had exercised due care. Indirect damages and consequential damages that are the result of defects in the service object are also only compensable to the extent that such damages are typically to be expected when the service object is used as intended.

4. The Contractor’s liability for damages resulting from injury to life, body or health and under the Product Liability Act remains excluded from the above clauses 7.1 to 7.3 of these General Terms and Conditions.

5. Strict liability for damages for initial defects according to Section 536a Paragraph 1 of the German Civil Code (BGB) is excluded.

8 - Text form

Additions and amendments to the agreements made between the parties, including these General Terms and Conditions, must be made in writing to be effective. The priority of individual agreements remains unaffected.

9 - Applicable law

German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).

The place of performance for all services arising from the business relationship between the parties is Ahrensburg. The place of jurisdiction is Ahrensburg, provided the client is not a consumer. The same applies if the client does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.

The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

These Terms and Conditions come into effect on February 1, 2020 and replace all previous versions.