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General terms and conditions (GTC) for photographic services

General conditions of sale

scope

These terms and conditions apply to all purchases from Lucie Michaelis Photography [imprint] made by private customers.

Private customers in this sense are people with residence and delivery address in the Federal Republic of Germany, insofar as the goods you order cannot be attributed to your commercial or independent professional activity. 

 

Conclusion of contract

The presentation of the goods and the granting of the opportunity to order represents a concrete offer on my part to conclude a purchase contract. 

By placing your order, you accept the offer and the purchase contract is concludedcame.

You will receive an order confirmation by email to the email address you provided. 

 

Prices

The awarded prices are final prices. The amount that is stated at the time of the binding order applies. 

 

payment

Payment is made upon delivery via 

            - Apple Pay

            - Credit card 

            - Giropay 

            - PayPal 

            - Klarna 

 

Late payment

If you default on payment, Lucie Michaelis Photography is entitled to demand interest on arrears amounting to 5 percentage points above the base interest rate per annum announced by the Deutsche Bundesbank for the time of the order. If Lucie Michaelis Photography demonstrably incurred higher damages due to the delay, Lucie Michaelis Photography is entitled to claim this.

 

Right of retention

The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

Delivery

The motifs selected by the photographer are professionally edited according to the photographer's style. The customer receives these motifs as digital files in JPG format for download.

Post-production will require Lucie Michaelis Photography no longer than 4 weeks from the date of shooting. 
If force majeure (natural disasters, war, civil war, terrorist attack, illness, accident) makes delivery or any other service permanently impossible, Lucie Michaelis Photography's obligation to provide performance is excluded. Amounts already paid will be refunded immediately by Lucie Michaelis Photography.

Lucie Michaelis Photography can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by Lucie Michaelis Photography.

Copyright and right of publication

 2.1 The client acquires material ownership of the work results in accordance with 1.3 recordings. He may also reproduce these files in printed form for private purposes.

2.2 The client also acquires the right to post the recordings online on private websites / in their own social media profile (e.g. Facebook). The client is responsible for observing the rights of other people (third parties) and releases the photographer from any third-party claims.

2.3 The images delivered may not be changed in any way (photo filters or similar).

2.4 Use may only occur with the following copyright notice: Photo by “Lucie_Michaelis_Photography” and “love_inpics”.

2.5 Further rights of use require the photographer's prior written approval and are generally only granted for an appropriate fee

 

Warranty rights

Notices of defects from the client must bemust be received by the photographer no later than 14 days after the images were handed over. After this period has expired, images are deemed to have been accepted in accordance with the contract and free of defects.

 

Liability

The photographer is only liable for intent and gross negligence. The photographer is only liable for negligence, except in the event of injury to life, body or health, if essential contractual obligations are violated. Liability is limited to contract-typical and foreseeable damage. Liability for indirect and unforeseeable damage, loss of use, loss of profit, lack of savings and financial loss due to third-party claims is excluded in the case of simple and moderate negligence, except in the case of injury to life, body or health.

When the images are handed over to the client, the client is liable for loss, destruction and damage. The photographer is not obliged to store the digital image files beyond this point in time of handover. 

The client is familiar with the photographer's style of photography in terms of both the creation of photographs and the selection and editing of images. The creation and editing of the photographs as well as the selection of the motifs, people and situations captured is part of the artistic freedom and is therefore subject to the photographer's discretion. 

Copyright and right of publication

The client acquires material ownership of the work result. He may also reproduce these files in printed form for private purposes.

The client also acquires the right to post the recordings online on private websites/in their own social media profile (e.g. Facebook). The client is responsible for observing the rights of other people (third parties) and releases the photographer from any third-party claims.

Use may only occur with the following copyright notice “Lucie_Michaelis_Photography” or “love_inpics”.

Further rights of use require the photographer's prior written approval and are generally only granted for an appropriate fee

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you made the booking or received an invoice.

 

Applicable Law

The contract concluded between you and Lucie Michaelis Photography is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory regulations of the country in which you have your habitual residence remain unaffected.

 

Place of jurisdiction

If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Stuttgart. 

 

Dispute resolution

General information requirements for alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. 

Final provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.

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