Terms of Service

General terms and conditions with customer information

(The following terms and conditions also contain legal information about your rights in accordance with the regulations on distance selling and electronic business contracts.)

I. Validity

The following general delivery and terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by Melanie Dietze, Herbert-Böhme-Strasse 3, 01662 Meißen (hereinafter "photo artist") and the customer (hereinafter "customer ") in the version valid at the time of the order .
They are deemed to have been agreed upon acceptance of the delivery or service or the photo artist's offer by the customer, but at the latest with the acceptance of the image material.
A customer or consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
You can reach the photo artist for questions, complaints and complaints on weekdays by email at art@melaniedietze.com .
If the customer wants to contradict the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not obtained
Validity, unless the photo artist acknowledges them in writing.
T he terms and conditions apply in the context of an ongoing business relationship notwithstanding the absence of any express reference to all future orders, offers, deliveries and services of the photographer, unless expressly stated exceptions will be made.

II. Offers and service descriptions

The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's website are not guaranteed or guaranteed.
All offers are valid "while stocks last", unless something else is noted for the products. Otherwise errors are reserved.

III. Order process and conclusion of contract

The customer can select products from the photo artist's range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. The customer can then proceed to the completion of the ordering process within the shopping cart using the [Proceed to checkout] button.
The customer submits a binding application for the purchase of the goods in the shopping cart by clicking the button [Order with payment]. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
The photo artist then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the photo artist and does not constitute acceptance of the application. The purchase contract is only concluded if the photo artist sends the ordered product to the customer within 2 days, or transfers or purchases the Customer has confirmed within 2 days with an express order confirmation or sending the invoice.
If payment is made in advance, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the photo artist within 5 calendar days after the order confirmation has been sent, despite the due date, the photo artist withdraws from the contract, with the result that the order is invalid and the photo artist is not obliged to deliver. The order is then completed for the customer and photo artist without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 5 calendar days. An exception to the rule are the "promotions" marked by the photo artist and limited to a certain number of participants. The booking of the item is in any case binding and payment must be made within 2 working days.

IV. Prices and shipping costs

Unless otherwise stated in the product description of the photo artist, the prices quoted are total prices that include the statutory value added tax.
In addition to the prices stated, the photo artist will calculate shipping costs for the delivery. The shipping costs are clearly communicated to the customer on a separate information page and as part of the ordering process.

V. Delivery and availability of goods

If advance payment has been agreed, the delivery or confirmation of the date of the shoot will take place after receipt of the invoice amount.
If the delivery of the goods fails due to the fault of the customer despite three attempts to deliver, the photo artist can withdraw from the contract. Possibly. Payments made will NOT be reimbursed to the customer
Deliveries are made exclusively within Germany.

VI. Payment arrangements

The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of 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 - under the terms of payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
The customer's obligation to pay default interest does not preclude the photo artist from asserting further default damage.
The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the photo artist. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

VII. Retention of title

The delivered goods remain the property of the photo artist until full payment has been made.

VIII. Warranty for defects and guarantee

The guarantee is determined according to legal regulations.
The goods delivered by the photo artist are only guaranteed if they have been expressly given.

IX. Custom productions

As far as the photo artist creates cost estimates, these are non-binding. If there are cost increases during production, the photo artist should only report these if it becomes apparent that this is expected to exceed the originally estimated total costs by more than 15%. If the planned production time is exceeded for reasons for which the photo artist is not responsible, additional remuneration must be paid on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.
The photo artist is entitled to commission services from third parties, which must be purchased to carry out the production, in the name and with the authorization and for the account of the customer.
Unless otherwise agreed, the photographs that are submitted to the customer for acceptance after the end of production are selected by the photo artist.
If the photo artist has not received any written notice of defects within two weeks of the delivery of the photos, the photos will be deemed accepted in accordance with the contract and free of defects.

X. Fees

The agreed fee applies. If no fee has been agreed, it is determined according to the current image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is plus the applicable VAT.
With the agreed fee, the one-time use of the image material for the agreed purpose according to para. IV. 3 compensated.
Costs and expenses incurred by the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses etc.) are not included in the fee and are charged to the customer.
The fee claim is due upon delivery of the admission. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The photo artist is entitled to request installment payments for production orders in accordance with the scope of services provided.
The fee according to VI. 1. Terms and conditions must also be paid in full if the picture material ordered and delivered is not published. If the recordings are used as a work template for layout and presentation purposes, subject to a different agreement, a fee of at least EUR 75.00 per recording will be charged.
Offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. Offsetting against contested but decision-ready counterclaims is also permitted.

XI. Provided images (analog and digital)

The general terms and conditions apply to any image material provided to the customer, regardless of the level of creation or the technical form. They also apply in particular to electronic or digitally transmitted image material.
The customer acknowledges that the photographic material supplied by the photo artist is a copyrighted photographic work within the meaning of Section 2 (1) (5) of the Copyright Act.
Design suggestions or conceptions commissioned by the customer are independent services that must be paid for.
The image material provided remains the property of the photo artist, even in the event that compensation is paid for it.
The customer must treat the image material carefully and with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing. A change and processing of the image files by the customer and third parties is excluded or requires the express, written approval of the photo artist.
Complaints regarding the content of the delivered shipment or the content, quality or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded.
The photo artist will make one-off requests for changes to the delivered photos free of charge. For every further complaint, the photo artist certainly reserves the right to charge EUR 10.00 per change (or an individually estimated price for larger changes).

XII. Rights of use

The customer basically only acquires a simple right of use for one-time use. Unless otherwise agreed, publications on the Internet or the posting in digital databases are limited in time to the duration of the publication periods of the corresponding or a comparable print object.
Exclusive usage rights, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
With the delivery, only the right of use is transferred for the one-time use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which the customer has specified or which / arises from the circumstances of the order placement. In case of doubt, the purpose of use is decisive, for which the photographic material was provided according to the delivery note or the shipping address.
Changes to the image material through photo composing, montage or by electronic means to create a new copyrighted work are only permitted with the prior written consent of the photo artist . The image material may not be copied , reproduced, photographed or otherwise used as a motif.
The customer is not entitled to transfer the usage rights granted to him in whole or in part to third parties, not even to other group or subsidiary companies. Any use, reproduction or distribution of the image material is only permitted provided that the copyright notice specified by the photo artist is attached to the respective image without any doubt.
The granting of rights of use is subject to the condition precedent of full payment of all payment claims of the photo artist from the respective contractual relationship.
Any use, exploitation, duplication, distribution or publication going beyond section 3 is subject to a fee and requires the prior express consent of the photo artist. This applies in particular to:

a second use or second publication, especially in anthologies, product-related brochures, in advertising measures or other reprints, any editing, modification or redesign of the image material
the digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard drives, memory, microfilm etc.), insofar as this does not only include the technical processing and management of the image material in accordance with . Section III 5. GTC serves
any reproduction or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (also insofar as the customer's internal electronic archives are concerned),
the transfer of the digitized image material by means of remote data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.

XIII. Return / take-back conditions

The return of purchased items and reimbursement of the purchase price is excluded.
The purchase is binding and can only be exchanged for a voucher if a shooting date is canceled. A cash payment is not possible.
In the event of a no-show on the agreed date, the photo artist reserves the right to withhold the advance payment made as compensation. The reassignment of an appointment depends on the situation and is the goodwill of the photo artist.

XIV. Liability

The following exclusions and limitations of liability apply to the photo artist's liability for damages, without prejudice to the other legal requirements.

The photo artist has unlimited liability if the cause of the damage is based on intent or gross negligence.
Furthermore, the photo artist is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts. In this case, the photo artist is only liable for the foreseeable, contract-typical damage. The photo artist is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
The above limitations of liability do not apply to injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of the photo artist is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The photo artist assumes no liability for the violation of the rights of depicted persons or objects, unless an appropriately signed release form is attached. The acquisition of rights of use beyond photographic copyright law, e.g. B. for illustrated works of fine or applied art and obtaining publication permits from collections, museums etc. is the responsibility of the customer. The customer is responsible for the text as well as the context resulting from the specific publication .
The customer is responsible for the correct use of the image material from the time of delivery

XV. Storage of the contract text

The customer can print out the contract text before submitting the order to the photo artist by using the print function of his browser in the last step of the order.
The photo artist also sends the customer an order confirmation with all the order data to the email address provided by him. If you should have registered in our shop, you can view your orders in your profile area.

XVI. privacy

The photo artist processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.
The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the photo artist to fulfill and process the contract. This data is treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
The customer has the right to request information free of charge about the personal data stored about him by the photo artist. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the photo artist can be found in the data protection declaration.

XVII. Contractual penalty, damages

Use, reproduction or distribution of the image material is subject to a contractual penalty in the amount of five times the usage fee for each individual case , subject to further claims for damages.
If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned , a surcharge of 100% is to be paid on the agreed or customary usage fee.

XVIII. Place of jurisdiction, applicable law, contract language, general

The law of the Federal Republic of Germany is agreed, even for deliveries abroad.
Subsidiary agreements to the contract or these terms and conditions must be in writing to be effective .
The place of fulfillment and place of jurisdiction is the place of residence of the photo artist , if the customer is a full merchant .
The place of jurisdiction and place of performance is the seat of the photo artist if the customer is a merchant, a legal entity under public law or a special fund under public law.
The contract language is German.
The possible nullity or ineffectiveness of one or more provisions of this AGB does not affect the effectiveness of the remaining provisions. The parties commit yourself, the invalid provision by a meaningful effective Provision to replace the intended regulation economically and legally comes closest.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/.

Terms of Service

I. Validity

IX. Custom productions

The photo artist is entitled to commission services from third parties, which must be purchased to carry out the production, in the name and with the authorization and for the account of the customer.

Unless otherwise agreed, the photographs that are submitted to the customer for acceptance after the end of production are selected by the photo artist.

If the photo artist has not received any written notice of defects within two weeks of the delivery of the photos, the photos will be deemed accepted in accordance with the contract and free of defects.

XI. Provided images (analog and digital)

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The general terms and conditions apply to any image material provided to the customer, regardless of the level of creation or the technical form. They also apply in particular to electronic or digitally transmitted image material.

Design suggestions or conceptions commissioned by the customer are independent services that must be paid for.

The image material provided remains the property of the photo artist, even in the event that compensation is paid for it.

Complaints regarding the content of the delivered shipment or the content, quality or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded.

The photo artist will make one-off requests for changes to the delivered photos free of charge. For every further complaint, the photo artist certainly reserves the right to charge EUR 10.00 per change (or an individually estimated price for larger changes).

XII. Rights of use

The customer basically only acquires a simple right of use for one-time use. Unless otherwise agreed, publications on the Internet or the posting in digital databases are limited in time to the duration of the publication periods of the corresponding or a comparable print object.

Exclusive usage rights, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.

Changes to the image material through photo composing, montage or by electronic means to create a new copyrighted work are only permitted with the prior written consent of the photo artist . The image material may not be copied , reproduced, photographed or otherwise used as a motif.

The granting of rights of use is subject to the condition precedent of full payment of all payment claims of the photo artist from the respective contractual relationship.

Any use, exploitation, duplication, distribution or publication going beyond section 3 is subject to a fee and requires the prior express consent of the photo artist. This applies in particular to:

a second use or second publication, especially in anthologies, product-related brochures, in advertising measures or other reprints, any editing, modification or redesign of the image material

any reproduction or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (also insofar as the customer's internal electronic archives are concerned),

the transfer of the digitized image material by means of remote data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.

XIV. Liability