AGB

General Terms and Conditions
GTC – Services
§ 1 General
The contracting party is
Annika Deutsch
Sudetenstraße 5
65375 Oestrich-Winkel
kontakt@annistyle.de
www.annistyle.de
VAT identification number: DE322465524
The following general terms and conditions (hereinafter referred to as “GTC”) apply to all orders placed with the photographer, Annika Deutsch. They are deemed to be agreed if they are not immediately contradicted. If the customer wishes to contradict the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby contradicted. Any deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing
“Photographs” within the meaning of these GTC are all products produced by the photographer (contractor), regardless of the form or medium in which they were created or exist. (Data on CD/DVD or other storage media, professional prints, canvases, etc.)
§ 2 Usage and copyright
The photographer is entitled to the copyright to the photographs and photographic works she has created in accordance with copyright law.
Unless otherwise agreed, the clients receive a simple, non-transferable right of use for personal, non-commercial use of the photographs and photographic works created by the photographer. The right of use includes the right to reproduce and distribute them for non-commercial purposes.
Use of the photographs and photographic works for a fee requires the prior and express consent of the photographer. The same applies in the case of editing, retouching, alienation (e.g. Instagram filters) or redesign of the photographs and photographic works, including photo composings, montages or other manipulations.
The transfer of the rights of use only takes place after full payment of the agreed remuneration.
In principle, the photographer must be named as the author of every publication of the photographs and photographic works. For publications on the Internet and in social networks, a reference to the website www.annistyle.de, as well as anni style photography (on Facebook) or anni_style (on Instagram) must be made at least once.
There is no right to release original files, negatives or other raw files unless this has been expressly agreed between the parties.
The photographer may use the images for her own advertising purposes (e.g. for trade fairs, homepage, social media, blog, exhibitions, specialist magazines, etc.).
The storage of the digital image data is not part of the order. It is therefore carried out without guarantee.

§ 3 Remuneration & retention of title
A fee is charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate. Additional costs such as travel costs etc. are agreed separately and are to be borne by the client unless otherwise agreed
Due invoices must be paid within 7 days without deductions. The photos delivered remain the property of the photographer until the invoice amount has been paid in full.
If the order exceeds the agreed time, the photographer is entitled to invoice the additional costs at 350.00 euros per hour (including VAT) for the time actually incurred.
When the contract is signed, an appointment reservation fee of 25% of the total amount (travel costs are charged separately) of the scope of services must be paid in advance (will be offset against the total amount). This amount is due immediately after the contract has been concluded and the invoice is issued, the remaining amount after the wedding day. The photos will be made available after full payment has been received.
If the client cancels/terminates the order for reasons beyond the photographer’s control, the client remains obliged to pay the agreed fee (cancellation fee) to the following extent:
Up to three months before the start of the wedding, the client is obliged to pay the appointment reservation fee; this will be retained by the photographer. No further remuneration is due.
If the cancellation occurs less than three months before the start of the wedding, the photographer is entitled to the agreed remuneration in full. In all of the aforementioned cases, the client remains free to prove that the photographer has suffered no or less damage.
The photographs and photographic works remain the property of the photographer until the purchase price has been paid in full.
§ 4 Liability
The photographer is liable in cases of intent or gross negligence in accordance with the statutory provisions. For minor negligence, the photographer is liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health or for the violation of essential contractual obligations.
The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the foreseeable damage typical of the contract, unless liability is incurred due to injury to life, body or health. The photographer is liable to the same extent for the negligence of vicarious agents and representatives.
The regulation in the above paragraph (1) extends to damages in addition to the service, damages instead of the service and the claim for compensation for wasted expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.
Governmental measures, natural disasters, traffic disruptions, disruptions in the energy and raw material supply, illness and other cases of force majeure, i.e. extraordinary events for which the photographer is not responsible, release the photographer from the obligation to fulfill the contract for the duration of their effects. In these cases, the photographer is not obliged to pay damages.
If, due to circumstances beyond the photographer’s control (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no photographer appears at the agreed photo appointment or arrives late, no liability can be accepted for any resulting damage or consequences. In this case, the photographer will of course urgently endeavor to find a replacement photographer.

§ 5 Delivery & Complaints
For wedding reports, a delivery time of 6-8 weeks applies. Peak times can lead to delays. These operational delays, as well as delays due to force majeure, operational disruptions, delays on the part of the laboratory or its transport company, etc. do not constitute grounds for complaint. The photographer is only liable for exceeding deadlines in the event of intent or gross negligence.
All work is carried out by the photographer with the greatest possible care and to the best of her ability or passed on to other companies. Complaints about obvious defects must be made in writing to the photographer within 7 days of delivery of the photographs. After the deadline has expired, the photographs are deemed to have been accepted in accordance with the contract and free of defects. However, acceptance is only possible upon presentation of the work in question. In the case of repeat orders, color differences may arise compared to the template or the first images. A complaint is not justified in this case.
If digitally acquired photographs are developed/printed by the client on their own responsibility, the photographer assumes no liability for the quality of the results. Color-correct prints can be purchased from the photographer.
The photographer is responsible for the image design and artistic-technical design as well as their own selection of images. There is no binding minimum number of images that will be made available to the bride and groom at the end. Regardless of this, the clients respect the photographer’s artistic freedom and individual style. The clients are aware that the work is always characterized by this style. Complaints in relation to this are excluded.
§ 6 Data protection
The client agrees that his personal data required for business transactions will be stored. The photographer undertakes to treat all information that becomes known to him as part of the order as confidential. Data will not be passed on to third parties unless this is necessary to carry out the order.
§ 7 Final provisions
The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Should individual provisions of these General Terms and Conditions be invalid in whole or in part, the validity of the remaining clauses shall remain unaffected.
The place of performance for all obligations arising from the contractual relationship is Oestrich-Winkel.



AGB – Onlineshop

§ 1 General
The contracting party is
Annika Deutsch
Sudetenstraße 5
65375 Oestrich-Winkel
kontakt@annistyle.de
www.annistyle.de
VAT identification number: DE322465524
The following general terms and conditions apply to all digital products ordered by the customer on www.annistyle.de
These general terms and conditions apply exclusively to our services. Any deviating general terms and conditions and/or purchasing conditions of the customer are rejected.
A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these general terms and conditions is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Digital content within the meaning of these terms and conditions refers to all data that is not on a physical data carrier, which is produced in digital form and provided by the seller with the granting of certain rights of use regulated in more detail in these terms and conditions.
§ 2 Conclusion of contract
The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The customer can submit the offer via the online order form linked in the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
Before bindingly submitting the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which helps to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

§ 3 Prices & payment terms
Unless the seller’s product description states otherwise, the prices stated are final prices. The offer includes gross prices, including German statutory sales tax (VAT). Only digital products are offered in the shop, which means that all shipping costs are waived.
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option(s) will be communicated to the customer in the seller’s online shop.
If the payment method “PayPal” is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares that he accepts the customer’s offer at the time the customer initiates the payment process by clicking the button that completes the order process.
§ 4 Delivery & shipping costs
Delivery usually takes place immediately after receipt of payment.
The shop only offers digital products, which means that all shipping costs are waived.
§ 5 Cancellation
According to the law, digital products are not suitable for return due to their nature. There is therefore no right of cancellation.
§ 6 Usage and copyright
All copyrights remain exclusively with Annika Deutsch even after the conclusion of a contractual agreement
The passing on of all products purchased in the shop to third parties, as well as lending or copying them, is strictly prohibited and will be prosecuted.
§ 7 Data protection
The buyer agrees that his personal data required for the contract processing will be stored. The customer expressly agrees to this. Annika Deutsch undertakes to treat all information that has become known to her within the framework of the contractual relationship as confidential. Data will not be passed on to third parties.
§ 8 Final provisions
The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If individual provisions of these General Terms and Conditions are invalid in whole or in part, the validity of the remaining clauses remains unaffected.
The place of performance for all obligations arising from the contractual relationship is Oestrich-Winkel.