GTC
General terms and conditions of business
Terms and Conditions – Services
§ 1. General
contractual partner
Annika Deutsch
Sudetenstrasse 5
65375 Oestrich angle
kontakt@annistyle.de
www.annistyle.de
Sales tax 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 have been agreed if they are not contradicted immediately. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Deviating terms and conditions of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing
"Photographs" within the meaning of these terms and conditions are all products produced by the photographer (contractor), regardless of the form or medium on which they were created or are available. (Data on CD/DVD or other storage media, technical prints, screens, etc.)
§ 2 Right of use and copyright
The photographer is entitled to the copyrights to the photographs and photographic works made by her according to copyright law.
Unless otherwise agreed, the customer receives a non-exclusive, non-transferable right of use for personal, non-commercial use of the photographs and photographic works produced by the photographer. The right of use includes the right to copy and distribute for non-commercial purposes.
A paid use of the photographs and photographic works 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 composing, montages or other manipulations.
In principle, the rights of use are only transferred after the agreed remuneration has been paid in full.
In principle, the photographer must be named as the author for every publication of the photographs and photographic works. In the case of 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 placed at least once.
There is no entitlement to the release of original files, negatives or other raw files, unless expressly agreed between the parties.
The photographer may use the images as part of their own advertising (e.g. for trade fairs, homepage, social media, blog, exhibitions, trade magazines, etc.).
The storage of the digital image data is not part of the order. It is therefore without guarantee.
§ 3 Compensation & retention of title
A fee will be charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate. Additional costs such as travel expenses etc. are agreed separately and are to be borne by the customer unless otherwise agreed
Due invoices are to be paid within 7 days without deduction. The delivered photos 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 additionally invoice the additional work at 350.00 euros/hour (incl. VAT) for the time actually incurred.
When signing the contract, an appointment reservation fee of 25% of the total amount (travel expenses will be charged separately) of the scope of services must be paid (will be offset against the total amount). This amount is due immediately after the contract is signed and the invoice is issued, the remainder after the wedding day. The photos will be provided after full payment has been received.
If the client cancels/terminates the order for reasons for which the photographer is not responsible, the client remains obliged to pay the agreed fee (loss fee) to the following extent:
Up to three months before the start of the wedding, the clients are obliged to pay the appointment reservation fee; this will be retained by the photographer. Further remuneration is not due.
If the termination 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 is free to prove that the photographer suffered no damage 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 according to the statutory provisions. The photographer is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations.
However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no liability for injury to life, limb or health. The photographer is liable to the same extent for the fault of vicarious agents and representatives.
The regulation of the above paragraph (1) extends to compensation for damages in addition to the service, compensation for damages instead of the service and the claim for compensation for wasted expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
Sovereign measures, natural disasters, traffic disruptions, disruptions in the supply of energy and raw materials, 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 compensation.
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 arrives too late, no liability can be accepted for any resulting damage or consequences become. Of course, in this case, the photographer will urgently try to find a replacement photographer.
§ 5 Delivery & Complaints
A delivery time of 6-8 weeks applies to wedding reports. Delays may occur due to peak times. 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 a reason for complaint. The photographer is only liable for exceeding the deadline in the case of intent and 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, the photographs are deemed to have been accepted in accordance with the contract and free of defects. However, recognition is only possible if the work complained about is presented. When reordering, there may be differences in color compared to the template or the first images. A complaint is not justified by this.
If digitally acquired photographs are developed/printed by the client on his own responsibility, the photographer assumes no liability for the quality of the results. Color correct prints can be purchased from the photographer.
The photographer reserves the right to image design and artistic-technical design as well as her own selection of images. There is no binding minimum number of pictures that are provided to the bridal couple at the end. Irrespective of this, the clients respect the artistic freedom and the individual style of the photographer. 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 has become 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, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the validity of the remaining clauses shall remain unaffected.
The place of performance for all obligations arising from the contractual relationship is Oestrich-Winkel.
General terms and conditions – online shop
§ 1 General
contractual partner
Annika Deutsch
Sudetenstrasse 5
65375 Oestrich angle
kontakt@annistyle.de
www.annistyle.de
Sales tax identification number: DE322465524
The following terms and conditions apply to all digital products ordered by the customer on www.annistyle.de
Our General Terms and Conditions apply exclusively to our services. Deviating general terms and conditions and/or purchasing conditions of the customer are contradicted.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these 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 made available by the seller under the granting of certain rights of use that are more precisely regulated 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 enable the customer to submit a binding offer.
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 going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
Before submitting a binding 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
§ 3 Prices & Terms of Payment
Unless otherwise stated in the seller's product description, the prices quoted are final prices. The gross prices, including the statutory German sales tax (VAT), are stated in the offer. Only digital products are offered in the shop, which means that there are no shipping costs.
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 money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred 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 you select the payment method "PayPal", the payment is processed 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, available 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 also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
§ 4 Delivery & shipping costs
The delivery usually takes place immediately after receipt of payment.
Only digital products are offered in the shop, which means that there are no shipping costs.
§ 5 Revocation
By their nature, digital products are not eligible for return by law. There is therefore no right of withdrawal.
§ 6 Rights of use and copyrights
All copyrights remain exclusively with Annika Deutsch even after the conclusion of a contractual agreement
The transfer of all products purchased in the shop to third parties, as well as the rental or reproduction is strictly prohibited and will be prosecuted.
§ 7 data protection
The buyer agrees that his personal data required for the execution of the contract will be stored. The customer expressly agrees to this. Annika Deutsch undertakes to treat confidentially all information that has become known to her within the framework of the contractual relationship. Data will not be passed to third parties.
§ 8 Final Provisions
The law of the Federal Republic of Germany applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the validity of the remaining clauses shall remain unaffected.
The place of performance for all obligations arising from the contractual relationship is Oestrich-Winkel.