General terms and conditions of business
General Terms and Conditions of
Alex Mayer Photography, Owner Alexander Mayer
§ 1 Scope and General Provisions
The following general terms and conditions (hereinafter referred to as GTC) apply to all business transactions of "Alex Mayer Photography" (hereinafter referred to as the Photographer), i.e., to all contracts, offers, deliveries, and services conducted. They form part of all contracts concluded with our clients (hereinafter referred to as the Client) for the services we offer.
These GTC serve to regulate and clarify some contents of the contractual relationship, which otherwise is determined by the content of the individual order. If the contractual parties have made deviating agreements, these take precedence over the present GTC.
"Photographs" within the meaning of these GTC are all products created by the Photographer, in particular images, regardless of the technical form or medium in which they were created or are available (prints, canvas pictures, digitized images on CD/DVD or other storage media, slides, negatives, etc.).
"Photo shoot" within the meaning of these GTC refers to the planned and organized period during which photographs are taken for the agreed order.
§ 2 Execution of the Order
The basis for the contract is the respective offer made by the Photographer, in which all agreed services and the compensation are documented. These offers by the Photographer are non-binding and subject to change.
The time and place of the photo shoot are agreed upon by the Photographer and the Client before the order is executed.
Unless the Client gives explicit instructions regarding the design of the photographs, the Photographer is free in terms of the photographic conception and artistic and technical design. Complaints in this regard are excluded.
If necessary, the Photographer may have the photo shoot conducted by third parties.
The Photographer selects the photographs to be presented to the Client for approval. The minimum number of photographs to be presented is determined by the offer.
The Client receives only edited image material in high resolution in JPEG format or another agreed-upon format. The delivery of unedited digital raw data (RAW) is excluded.
The storage of digital image data after the order is completed is not part of the order.
The Photographer reserves the right to store the digital image data of the photographs presented for approval to demonstrate authorship.
§ 3 Copyright
The Photographer holds the copyright to all photographs produced in connection with the respective order in accordance with the German Copyright Act (UrhG).
The Client acknowledges that the image material provided by the Photographer constitutes works protected by copyright, particularly photographic works within the meaning of § 2 Para. 1 No. 5 UrhG.
In the case of portraits and photographs of objects where third-party copyrights, property rights, or other rights exist, the Client is responsible for obtaining the necessary permissions from the depicted persons or rights holders for the creation and use of the images. If a person unexpectedly objects to being photographed during a photo shoot, the Photographer will refrain from taking further photographs of that person or object and will delete any photographs already taken. The Client has no right to request the creation, retention, or delivery of such photographs.
§ 4 Right of Use
The Photographer grants the Client a simple right of use for the photographs. This right includes private, non-commercial use only.
The usage rights are transferred to the Client only after full payment of the agreed fee.
The purchaser of a photograph within the meaning of § 60 UrhG does not have the right to reproduce or distribute the photograph unless the corresponding rights of use have been transferred. § 60 UrhG is expressly waived.
Any alteration or further editing (e.g., photo compositing, montage, or by other means) of the delivered photographs is prohibited and requires the Photographer’s prior, explicit written consent.
Commercial/industrial use of the photographs by the Client or third parties is not permitted and requires prior, explicit written consent from the Photographer.
The transfer of usage rights to third parties is not permitted and requires the Photographer’s prior, explicit written consent.
Individual deviations from usage and copyright terms and special conditions for public figures must be agreed upon separately.
§ 5 Compensation
A fee is agreed upon and charged for the production of the photographs, either as an hourly rate, daily rate, or a flat fee, plus any travel expenses.
Invoices are due for payment within 14 days without deduction, unless another payment term is specified.
The delivered photographs remain the property of the Photographer until the full purchase price is paid.
If the time scheduled for the order is significantly exceeded for reasons beyond the Photographer's or their assistant's control or is extended at the Client's request, the fee will increase accordingly if a flat rate was agreed based on a time frame. If an hourly rate is agreed upon, the Photographer will also receive the agreed hourly or daily rate for waiting time, unless the Client proves that the Photographer has not suffered any damage.
A deposit of 30% of the total amount is due upon signing the contract. The dates mentioned in the contract are only considered firmly booked upon receipt of this amount. If the deposit is not received in time, the Photographer is not obliged to execute the order.
The Client may cancel the contract at any time before completion of the work. In the event of cancellation, 50% of the agreed fee is due and payable by the Client (the deposit is retained or credited). In cases of sudden and absolute hardship, such as an accident or death of a close relative, we naturally waive the cancellation fees. If the canceled date can be replaced with another order, no fees will be charged.
§ 6 Right of Withdrawal
The Client has a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts.
Right of Withdrawal Information
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Alex Mayer Photography, Alexander Mayer, Am Hopfenhang 2 – 84072 Au i. d. Hallertau, Email: info@alex-mayer.com, Mobile: 0151-196 148 30) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we receive your notice of withdrawal. We will make the reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the service begin during the withdrawal period, you shall pay us an amount which is in proportion to the services already provided until the point at which you notify us of your withdrawal from this contract, compared to the full coverage of the services stipulated in the contract.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To: Alex Mayer Photography, Alexander Mayer, Am Hopfenhang 2 – 84072 Au i. d. Hallertau,
Email: info@alex-mayer.com, Mobile: 0150-196 148 30:
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / provision of the following service ()
• Ordered on () / received on ()
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is notified on paper)
• Date
_____________________________________
(*) Delete as appropriate.
§ 7 Liability
The Photographer is only liable for breaches of obligations not directly related to essential contractual obligations in cases of intent and gross negligence. The Photographer is also liable for damages resulting from injury to life, body, or health, as well as for breaches of essential contractual obligations caused by culpable breaches by the Photographer or their assistants.
The Photographer is only liable for damages or loss of digital image data (despite multiple backup measures) in cases of intent and gross negligence.
The Photographer is not liable for damages, defects, or loss caused by subcontractors or suppliers providing services on their own account.
Deadlines for the delivery of photographs are only binding if expressly confirmed by the Photographer. The Photographer is only liable for delays in delivery in cases of intent and gross negligence.
The organization and assignment of bookings to the Photographer, as well as execution, are done with utmost care. However, if due to unforeseen 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 is assumed for any resulting damage or consequences.
Complaints of any kind must be received by the Photographer within 14 days of delivery of the photographs. After this period, the photographs are considered accepted as contractually compliant and free of defects.
§ 8 Privacy Policy
The Photographer is obliged to treat all information obtained in the context of the order confidentially.
The Photographer uses various external service providers (e.g., photo lab, album printing, online gallery) to fulfill an order. Photographs and possibly related customer data are transmitted to these service providers. These service providers are obligated to comply with data protection regulations and to use personal data only as instructed.
The Client receives the Photographer's data protection declaration at the conclusion of the contract.
§ 9 Final Provisions and Severability Clause
Only the law of the Federal Republic of Germany applies.
If the Client does not have a place of jurisdiction in Germany or moves their domicile or habitual residence abroad after the contract is concluded, the Photographer's place of residence shall be the agreed place of jurisdiction.
The Photographer strives to settle any disputes arising from the contract amicably with the Client. Beyond this, the Photographer is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should any provision of these general terms and conditions be or become invalid or should these conditions contain a gap, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a valid provision that comes closest to the economic intent of the parties shall be deemed agreed; the same applies in the event of a gap.
These GTC are valid from June 13, 2018.