GTC
General Terms and Conditions
GTC – Services
§ 1 General
Contract partner 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 have been agreed if they are not contradicted immediately. If the customer wishes to object to the terms and conditions, this must be declared in writing within three working days.Deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing “Photographs” in the sense of these terms and conditions are all products manufactured by the photographer (contractor), regardless of the form or medium in which they were created or are available. (Data on CD / DVD or other storage media, specialist prints, canvases, etc.)
§ 2 Usage and copyright
The photographer is entitled to the copyrights to the photographs and photographic works made by her according to the copyright law. Unless otherwise agreed, the client receives a simple, non-transferable right of use for personal, non-commercial use of the photographs and photographic works made by the photographer. The right of use includes the right to reproduce 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 filter) or redesign of photos and photographic works, including photo composings, montages or other manipulations. The rights of use are generally only transferred after the agreed remuneration has been paid in full. 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 placed at least once. There is no entitlement to the surrender of original files, negatives or other raw files, unless this is expressly agreed between the parties. The photographer may use the images in the context of their own advertising (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 without guarantee.
§ 3 Remuneration & retention of title
A fee is charged as an hourly rate, daily rate or an agreed flat rate for the production of the photographs. Additional costs such as travel expenses etc. are agreed separately and are to be borne by the client unless otherwise agreed Invoices due are payable within 7 days without any deductions. The photos supplied 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 expenditure at 250.00 euros / hour (including VAT) for the time actually incurred. When signing the contract, an appointment reservation fee of 25% of the total amount (travel costs 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 concluded and the invoice is issued, the remaining amount after the wedding day. The photos will be provided after receipt of full payment. If the order is canceled / terminated by the client due to reasons for which the photographer is not responsible, 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 clients are obliged to pay the appointment reservation fee; this is retained by the photographer. The 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 at liberty to prove that the photographer suffered no or only minor 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 willful intent or gross negligence in accordance with 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. The claim for damages for the slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is due to injury to life, body or health. The photographer is liable to the same extent for the fault of vicarious agents and representatives. The regulation of the preceding paragraph (1) extends to compensation for damages in addition to the performance, compensation for damages instead of the performance and the claim for compensation due to futile expenses, regardless of the legal basis, 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 or arrives too late at the agreed photo appointment, no liability can be assumed for any resulting damage or consequences will. In this case, of course, the photographer will urgently seek a replacement photographer.
§ 5 Delivery & complaint
A delivery time of 6-8 weeks applies to wedding reports. There may be delays 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 deadlines in the event 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 in the case of 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 thesis complained about is submitted. When re-ordering, there may be color differences compared to the original or the original images. This does not justify a complaint. If digitally acquired photographs are developed / printed on their own responsibility by the client, 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 design and artistic / technical design as well as to select the images himself. There is no binding minimum number of pictures that are made available to the bride and groom at the end. Regardless of this, the clients respect the artistic freedom and individual style of the photographer. The clients are aware that the work is always shaped by this style. Complaints in relation to this are excluded.
§ 6 Data Privacy
The client agrees that his personal data required for business transactions will be stored. The photographer undertakes to treat all information known to him in the course of the order confidentially. 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 U.N. sales law. Should individual provisions of these general terms and conditions be wholly or partly ineffective, the validity of the remaining clauses remains unaffected. The place of performance for all obligations from the contractual relationship is Oestrich-Winkel.
GTC – Onlineshop
§ 1 General
Contract partner is
Annika Deutsch
Sudetenstraße 5
65375 Oestrich-Winkel
kontakt@annistyle.de
www.annistyle.de
VAT identification number: DE322465524
The following GTC apply to all digital products ordered by the customer on www.annistyle.de These 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 terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or legal partnership 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 that is produced in digital form and made available by the seller under the granting of certain rights of use regulated more precisely 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 using 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 for the goods 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 representation 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 the button to complete the ordering process. Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 given are final prices. The offer includes the gross prices, including the statutory German sales tax (value added tax). Only digital products are offered in the shop, which means there are no shipping costs. In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds 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, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 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, available 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 the acceptance of the customer’s offer at the point in time at which the customer triggers 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. Only digital products are offered in the shop, which means there are no shipping costs.
§ 5 Revocation
According to the law, digital products are not suitable for return due to their nature. There is therefore no right of withdrawal.
§ 6 Usage and copyrights
Even after a contractual agreement has been concluded, all copyrights remain exclusively with Annika Deutsch The passing on of all products purchased in the shop to third parties, as well as lending or reproducing them is strictly prohibited and will be prosecuted.
§ 7 Data Privacy
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 as confidential all information that has become known to her in the context 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, excluding the U.N. sales law. Should individual provisions of these general terms and conditions be wholly or partly ineffective, the validity of the remaining clauses remains unaffected. The place of performance for all obligations from the contractual relationship is Oestrich-Winkel.