General Terms and Conditions

  1. The following general terms and conditions (hereinafter referred to as "GTC") apply to all orders placed with the photographer. They shall be deemed agreed upon if not objected to immediately. If the customer wishes to object to the GTC, this must be done in writing within three working days. Deviating terms and conditions of the customer are hereby objected to. Deviating terms and conditions of the customer shall not be valid unless the photographer acknowledges them in writing.
  2. "Photographs" within the meaning of these GTC are all products produced by the photographer, regardless of the form or medium in which they were created or exist (data on USB sticks, online galeries, prints, etc.).

II. Copyright

  1. The copyright in the photographs belongs to the photographer in accordance with the copyright law.
  2. The photographs produced by the photographer are generally intended for the client's own private use, unless expressly agreed otherwise in writing.
  3. If the photographer transfers usage rights to his works, only the simple usage right is transferred, unless expressly agreed otherwise. Transfer of usage rights requires a special agreement.
  4. The usage rights shall not pass until the photographer has been fully paid.
  5. The client has no right to reproduce or distribute the photographs unless the corresponding usage rights have been transferred.
  6. When using the photographs in online and print media (for private use), the photographer must be named as the author of the photograph. Infringement of the right to be named entitles the photographer to compensation.
  7. The raw data remains with the photographer. The delivery of raw data (unprocessed images) to the client does not normally take place.

III. Remuneration, Reservation of Ownership

  1. A fee is charged for the production of the photographs, either as an hourly rate, daily rate or a fixed fee, with ancillary costs such as travel expenses, expenses, props, studio rentals, etc. to be borne by the client unless otherwise agreed.
  2. If the photographer provides cost estimates, these are non-binding. If cost increases occur during production, the photographer must notify the client. If the planned production time is exceeded for reasons that are not the photographer's responsibility, additional remuneration must be paid on the basis of the agreed hourly rate or in the form of a reasonable increase in the fixed fee.
  3. Payment is made by invoice.
  4. Upon signing the contract, a deposit of 30% is due, payable within 14 (in words: fourteen) days by bank transfer.
  5. Due invoices must be paid immediately and without deduction. The client is in default if he does not pay due invoices no later than 14 (in words: fourteen) days after receipt of an invoice or equivalent payment request. The photographer reserves the right to declare the default by issuing a reminder after the invoice has become due. In the event of default, the photographer is entitled to charge interest on arrears in the amount of 5% above the respective base rate of the European Central Bank. The assertion of further damages is not excluded.
  6. The client agrees to receive invoices by email, eliminating the need for postal delivery.
  7. Until the full purchase price has been paid, the delivered photographs remain the property of the photographer and remain in his possession.

IV. Liability

  1. For breaches of duties that are not directly related to essential contractual obligations, the photographer and his agents shall only be liable for intent and gross negligence. He shall also be liable for damages resulting from the violation of life, body or health as well as from the violation of essential contractual obligations, which he or his agents have caused through culpable breach of duty. The photographer shall only be liable for damages to objects used in the shoot, such as originals, films, displays, layouts, negatives, or data, in cases of intent or gross negligence.
  2. The photographer shall keep the data carefully. He is entitled but not obliged to destroy data he has stored three years after completion of the job.
  3. The photographer shall only be liable for the light fastness and durability of the photographs within the scope of the manufacturer's warranty for the photographic material.
  4. The dispatch and return of files, images and originals shall be at the expense and risk of the client.
  5. The client confirms that he has the right to reproduce and distribute all originals handed over to the contractor, as well as the consent of the persons depicted in the case of portraits, for publication, reproduction and distribution. The client shall bear any compensation claims by third parties based on a violation of these rights.

V. Service disruption, cancellation fee

  1. After sorting, the photographer shall provide the client with a password-protected online gallery for 14 days, in which the client can view the successful photos.
  2. Once the selection has been made by the photographer, the photographs shall be fully edited by the photographer. The photographer undertakes to complete the order as soon as possible and to send the photographs to the client.
  3. If the client cancels the photographer's booking, the photographer shall be entitled to a cancellation fee. This shall be the amount of the deposit already paid, which amounts to 30% of the total fee.
  4. In the event of impossibility due to force majeure (e.g. Covid-19, etc.), neither party can fulfill its obligations. The contractor can only retain 5% of the paid reservation fee as compensation for work already done (emails, phone calls, offer and contract preparation). The remaining amount will be refunded to the client. A valid legal basis must exist for this.
  5. Should the contractor be unable to perform the job due to force majeure, he will (if desired) make every effort to find a substitute photographer who will take the pictures on behalf of Paulis Fotowerkstatt. The image editing and post-processing will be done by Paulis Fotowerkstatt. Any additional costs incurred by the substitute photographer shall not be borne by the contractor. If the contractor is unable to find a substitute photographer, any advance payments made will be refunded.

VI. Data Protection

Personal data of the client necessary for business transactions can be stored. The photographer undertakes to treat confidentially any information that becomes known in the course of the order.

VII. Image Editing

  1. The client is familiar with the photographic and image design style of the photographer and is aware that his photographs will be edited in a similar style.
  2. The subsequent editing of the photographer's photographs, as well as their reproduction and distribution, including coloring in black and white or sepia, subsequent color editing, as well as the creation of collages, is not permitted unless a separate agreement has been made.
  3. The client is obliged to make electronic links in the internet for the photographer's photographs in such a way that the photographer is clearly and unambiguously identifiable as the author of the images.

VIII. Delivery Times and Complaints

  1. Delivery dates for pictures are only binding if they have been confirmed in writing by the contractor. The photographer usually delivers his work within 4 weeks of work. For wedding reports, a delivery time of 6-8 weeks applies. Delays may occur due to peak periods. These operational delays, as well as delays due to force majeure, operational disruptions, delays by the laboratory or its transport company, etc., do not constitute grounds for complaint. The photographer is only liable for exceeding deadlines in cases of intent and gross negligence.
  2. All work is carried out by the photographer with the greatest possible care and to the best of his ability or passed on to other companies. Complaints about obvious defects must be made in writing within 7 days. However, recognition is only possible upon presentation of the disputed work. Color differences may occur with reorders compared to the original or initial images. A complaint is not justified by this.
  3. If digitally acquired photographs are developed/printed by the client on their own responsibility, the photographer assumes no liability for the quality of the results. Color-correct prints can be purchased from the photographer.
  4. The contractor is authorized to commission external laboratories, photo book manufacturers, etc. for the desired production of material such as photo books.

IX. Final Provisions

  1. The law of the Federal Republic of Germany applies, even for deliveries and publications abroad. For all points not regulated in these terms and conditions, the legal regulations come into force. Supplementary agreements to the contract or to these terms and conditions require written form for their effectiveness.

X. Severability Clause

Insofar as the conditions of the above General Terms and Conditions are wholly or partially ineffective or become ineffective, the remaining conditions shall remain effective. The ineffective condition shall be replaced by the statutory regulation.

These are valid from February 2021