General business terms
§ 1 General
For the business relations between the web shop owner stated in the imprint - hereinafter referred to as the photographer - and the customer, the following general terms and conditions apply exclusively in the version available on the website at the time of the order.
§ 2 Contract content
The contract is concluded when the order given by the customer is accepted by the photographer by separate email or by sending the data. The information on the website is merely an invitation to the customer to submit an offer dar. The photographer is entitled to erroneously wrongly stated prices on the website. If a correction leads to a price increase, the purchaser may refrain from his submitted offer.
§ 3 Prices
The delivery of the data takes place at the prices valid on the day the order is placed by the customer and stated on the photographer's website. All prices are in EUR and include the applicable statutory sales tax and other price components.
§ 4 Rights
The customer shall fundamentally only receive simple rights for one-time utilization. Subject to any other agreements, the right of publication on the internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item.
Exclusive utilization rights, exclusive rights for certain geographic territories, or periods shall be subject to separate agreement as well as a surcharge of at least 100% on top of the basic fee in question. Upon the photographic material being delivered, only the utilization rights shall be granted for a one-time use of the photographic material for the purpose specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the recipient address shall be decisive. Any use, exploitation, dissemination, copying, or publication going beyond the scope provided for in Section 3 above shall be subject to separate remuneration and require the photographer’s prior written approval. This shall particularly apply to secondary exploitation or publication including but not limited to anthologies, product-related brochures, advertising or, in the case of any other types of reprinting, any editing of or modifications or changes to the photographic material, digitalization, storage or duplication of the photographic material on data media of any type other than for the technical editing and management of the photographic material according to III 5. herein, any reproduction or utilization of the photographic data on digital data media, inclusion or display of the photographic data on the internet or in on-line databases or other electronic archives (including the customer’s internal electronic archives), the transmission of digitalized photographic material by data transmission lines or on data media for reproduction on screens or the production of hard copies. Any modifications to the photographic material using photo composing, mounting, or electronic means to produce a new copyright work shall require the photographer’s prior written approval and shall be designated as such by [M]. Besides, the photographic material may not be copied in drawing form, recreated photographically, or used in any other manner as a motive.
The customer may not transfer the rights of utilization or any part thereof granted to it to any third parties unless these are members of its group or subsidiaries. All use, reproduction, and transfer of the photographic material shall be subject to the condition that the copyright information stipulated by the photographer be included in such a way that it can be allocated to the picture in question. The grant of the rights of utilization shall be subject to the condition precedent of full settlement of all of the photographer’s claims for payment under the applicable contractual relationship.
§ 5 Liability
The photographer shall not be held liable for the breach of any rights held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums, etc. - e.g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
§ 6 Payment, offsetting, retention of title
Orders are to be paid by the customer in advance. In the event of non-payment of a direct debit, we are entitled to ask the bank of the buyer for the address of the account holder or purchaser.
§ 7 Data Protection, Data Protection
For order processing personal data of the customer are collected by the photographer. In the collection, processing and use of his personal data, the purchaser has agreed separately prior to conclusion of the contract. The collection, processing and use of personal data takes place exclusively for the purposes specified in the data protection declaration. The collection, processing and use of personal data of the customer is done in compliance with the General Data Protection Regulation (DSGVO) and the Teleservices Data Protection Act (TDDSG). All data will be treated confidentially. In the case of the revocation of the consent for the future by the customer, the photographer commits to the immediate deletion of personal data, unless the order processing is not completed.
§ 8 Jurisdiction, applicable law
In case of legal disputes in connection with this business relationship, German law applies exclusively, excluding the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected. If the purchaser has no domicile or habitual residence in Germany or if the purchaser is a merchant and trades in this capacity, Leipzig is agreed as the place of jurisdiction for all disputes arising from the business relationship.
§ 9 Severability clause
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected.
Only the German version of the terms is legally binding while the English translation is for convenience only.
Hamburg, June 2021
Information on data protection can be found here.