Terms and Conditions Services

​

§ 1. General

(1) The following general terms and conditions (GTC) apply to all orders, offers, deliveries and services carried out by André Geisler and Patricia Geisler.

The General 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 the Contractor's present General Terms and Conditions shall apply exclusively. Any terms and conditions of the client do not apply. Agreements deviating from these GTC must be in writing and must be expressly marked as such. If the contracting parties have made deviating agreements, these take precedence over these General Terms and Conditions.

(2) The contractor can carry out the orders, offers, deliveries and services himself or have them carried out by third parties

.
(3) "Photographs" within the meaning of these GTC 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.).

(4) The contractor is free at all times with regard to the image conception and the artistic and technical design. Complaints in this regard are excluded.

(5) 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.

(6) The contract is concluded with the written or electronic confirmation of the offer or the sending of the order.

§ 2 Right of use and copyright

​

(1) The contractor is entitled to the exclusive copyright to all photographs taken as part of the respective order.

(2) The contractor transfers a simple right of use to the photographs to the client. This only includes private, non-commercial use. Reproduction and transfer to third parties for private purposes is permitted.

(3) Subsequent commercial/commercial use of the photographs - in whatever form - by the client himself or by third parties can only be carried out 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.

(4) The rights of use to the photographs are only transferred to the client after the agreed fee has been paid in full.

(5) 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.

(6) The client will only receive edited, high-resolution image material in JPEG format. The delivery 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.

(7) The contractor may use the images as part of his own advertising and for journalistic purposes (e.g. for exhibitions, trade fairs, websites, blogs, specialist magazines, etc.)

(8) Individual deviations from the rights of use and copyrights must be agreed in writing.

§3 Remuneration

​

(1) A fee will be charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate. Additional costs (such as travel expenses) are agreed separately and borne by the client.

(2) Due invoices are to be paid within 7 days without deduction. The delivered photos remain the property of the contractor until the invoice amount has been paid in full.

(3) If the client requests an extension or if the scheduled time for the recording work is exceeded for reasons for which the contractor is not responsible, the contractor will receive an hourly rate of EUR 350.00 (incl. 19% VAT) for each started hour.

(4) If the client withdraws from the contract before the agreed date, an appointment reservation fee of EUR 1,000 will be retained for weddings. For all other shootings, 30% of the agreed fee is paid to the contractor as a cancellation fee. Statutory rights of withdrawal remain unaffected by this regulation.

​

§ 4 Liability / Passing of Risk

(1) The Contractor shall only be liable for itself and its vicarious agents for damage of any kind during the performance of the contract in the event of intent or gross negligence.

(2) The contractor is only liable for damage or loss of photographs in the event of intent or gross negligence.

(3) The contractor is not liable for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.

(4) 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.

(5) The organization and allocation of bookings, as well as the execution, is carried out with the greatest care. However, if no photographer appears at the agreed photo session or arrives too late due to circumstances for which the contractor is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no liability can be accepted for any resulting damage or consequences be taken over. In this case, André Geisler will of course make every effort to find a substitute photographer.

(6) 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 confidentially all information that has become known to him within the framework of the order. Data will not be passed on to third parties unless this is necessary to carry out the order.

​

§ 6 Right of Withdrawal

(1) You have the right to revoke the contract with the contractor within fourteen days without giving reasons. The cancellation period begins on the day the contract is concluded. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

​

(2) In order to exercise your right of withdrawal, you must inform the contractor of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the sample form according to Annex 2 to Article 246a § 1 Paragraph 2 Clause 1 Number 1 EGBGB (Introductory Act to the Civil Code), which is not mandatory.

​

(3) If you have requested that the services should begin during the cancellation period, you must pay the contractor a reasonable amount, which corresponds to the proportion of the up to the point in time at which you informed the contractor of the exercise of the right of cancellation with regard to this contract , services already provided compared to the total scope of services provided for in the contract.

(5) These General Terms and Conditions apply from July 1st, 2020