GTC – GENERAL TERMS AND CONDITIONS (GTC) (Services)
Contract partner is:
Mario Schmitt Photography
The following general terms and conditions (GTC) apply to all orders, offers, deliveries and services carried out by Mario Schmitt Photography.
The terms and conditions serve to regulate and clarify some of the content of the contractual relationship, which is otherwise determined by the content of the individual order. The contracting parties agree that these general terms and conditions of the contractor should apply exclusively. Any terms and conditions of the client do not apply. Agreements that deviate from these terms and conditions must be made in writing and must be expressly marked as such. If the contracting parties have made deviating agreements, these take precedence over the present GTC.
The contractor can carry out the orders, offers, deliveries and services himself or through third parties.
“Photographs” within the meaning of these terms and conditions are all products manufactured by the contractor, regardless of the technical form or medium in which they were created or are available (paper images, images on canvas, images in digitized form on CD / DVD or other storage media, slide positives, Negatives, etc.).
The contractor is free at any time with regard to the image interpretation and the artistic and technical design. Claims relating to this are excluded.
The basis for the contract is the respective offer from the contractor, in which all agreed services and the remuneration are stipulated. These offers from the contractor are subject to change and non-binding.
The contract is concluded when the offer is confirmed in writing or electronically or when the order is sent.
2. Usage and Copyright
The contractor has the exclusive copyright to all photographs taken within the scope of the respective order.
The contractor transfers a simple right of use to the photographs to the client. This only includes private, non-commercial use. Duplication and distribution to third parties for private purposes is permitted.
Commercial / commercial use of the photographs in retrospect – no matter what form they are in – by the client himself or by third parties can only take place with the prior written consent of the contractor. This also applies to photographs that have been digitally or otherwise altered or alienated by the client or third parties.
The rights of use to the photographs are only transferred to the client after the agreed fee has been paid in full.
If the contractor grants the client permission to use the photographs, it is hereby expressly requested to be named as the author of the photographs. If he makes use of this right, the violation of the right to be named entitles the contractor to compensation.
The client will only receive edited high-resolution image material in JPEG format. The submission of unprocessed raw data is possible for a previously agreed fee. The storage of the digital image data is not part of the order. The storage is therefore without guarantee.
The contractor may use the images in the context of his own advertising and for illustration purposes (e.g. for exhibitions, trade fairs, homepage, blog, specialist magazines, etc.pp.)
Individual deviations from the rights of use and copyrights must be agreed in writing.
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 costs) are discussed separately and borne by the client.
The contractor is only liable for damage or loss of photographs in the event of willful intent or gross negligence.
The contractor is not liable for damage, defects or loss caused by subcontractors or suppliers who provide their services for their own account.
Delivery dates for photos are only binding if they have been expressly confirmed by the contractor. The contractor is only liable for exceeding the deadline in the event of intent or gross negligence.
The organization and allocation of bookings as well as the execution takes place with the greatest care. However, if due to circumstances for which the contractor is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.) no photographer appears at the agreed photo appointment or arrives too late, no liability can be accepted for any resulting damage or consequences be taken over. In this case, Mario Schmitt Photography will of course urgently seek a replacement photographer.
Complaints of any kind must be received by the contractor within 14 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.
5. Data Protection
The client agrees that his personal data required for business transactions will be stored. The contractor undertakes to treat all information known to him in the context of the order confidentially. Data will not be passed on to third parties, unless this is necessary to carry out the order.
6. Right Of Withdrawal
You have the right to withdraw from the contract with the contractor within fourteen days without giving any reason. The withdrawal period begins on the day the contract is concluded. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
To exercise your right of cancellation, you must inform the contractor of your decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the sample form in accordance with Appendix 2 to Article 246a Section 1 Paragraph 2 Clause 1 Number 1 EGBGB (Introductory Act to the Civil Code), which is not mandatory, however.
If you have requested that the services should begin during the withdrawal period, you have to pay the contractor a reasonable amount corresponding to the portion of the amount already provided up to the point in time at which you informed the contractor of the exercise of the right of withdrawal with regard to this contract Services compared to the total scope of the services provided for in the contract.
7. Final provisions / severability clause
It is only the law of the Federal Republic of Germany.
There are no side agreements to the contract and must, if subsequently requested, be in writing to be effective.
The contractor’s place of residence is the place of jurisdiction.
Should a provision of these general terms and conditions be or become ineffective, or if the conditions contain a loophole, this shall not affect the legal validity of the remaining provisions.
These terms and conditions apply from 01/01/2018.