GENERAL TERMS AND CONDITIONS FOR PHOTOGRAPHY ASSIGNMENTS
1. Scope of Application
These terms and conditions apply to all orders given to the photographer and for the licensing of stock photos. They also apply without further notice to any other similar contracts. Deviating conditions of the client or licensee will not be recognized unless explicitly agreed upon by the photographer.
2. Assignment Productions
For assignment productions, the photographer creates images for the client. Contracts for assignment productions are concluded through an offer from the photographer and acceptance by the client.
The photographer, at her discretion, selects images from the ones created, performs general image optimization and detailed image editing, and provides them to the client via an online gallery/download option. Delivery dates are only binding if expressly agreed upon. Additional services by the photographer are individually agreed upon.
If the client has not provided explicit instructions regarding the design of the images, complaints regarding the artistic and technical design are excluded.
Upon payment of the agreed fee, the photographer grants the client exclusive and unlimited usage and exploitation rights to the images, unless otherwise agreed. The photographer retains the right of personal use unless excluded. In the case of photo shoots involving weddings, families, babies, etc., the photographer exclusively uses images in which no persons/faces are recognizable.
3. Compensation
The agreed compensation applies to assignment productions. In the case of assignment productions exceeding the booked time frame, the photographer’s compensation increases reasonably.
If the photographer is booked for a specific date or period, and the client cancels this due to reasons not attributable to the photographer, the client remains obligated to pay the reservation fee in full. If the photographer does not demonstrate specific damages and the termination of the order is received by the photographer 4 to 8 weeks before the start of the assignment, she is entitled to a flat-rate claim of 5% of the order amount. The photographer retains the right to substantiate a higher damage claim.
Invoices are to be paid within 14 days without deduction. Until the complete payment of the agreed compensation, the client is not allowed to use the images.
4. Liability
The client assures that individuals photographed have given their consent.
5. Data Protection
The personal data necessary for contract fulfillment of the client will be stored by the photographer. In the context of contract conclusion, we collect and process your personal data for the purpose of contract fulfillment and the optimal preparation of our services. For this purpose, we not only store your name, address, and contact details but also additional information about the planned wedding/shoot, including details about guests and the location. All of this is done to prepare for the shooting day and create unforgettable memories for you. Additionally, we use some of the taken photos for our promotional purposes (where no persons/faces are recognizable). This is done without mentioning your last names or other contact details. The dissemination of these photos (where no persons/faces are recognizable) is primarily done in digital form on our own website but may be listed and published elsewhere by us in the context of references. Finally, we upload your finished pictures to the platform www.scrappbook.de or www.pic-time.com to grant you access to all photos. The Scrappbook platform is operated by Photostore24.online GmbH, and the Pic-Time platform is operated by Pic-Time LTD.
6. Final Provisions
Changes, additions, and side agreements require written form to be effective, unless otherwise specified in these terms and conditions. The written form requirement also applies to the waiver of this formal requirement. If one of the preceding provisions is ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. In place of the ineffective or unenforceable provision, an appropriate, economically closest valid replacement provision is agreed upon by mutual consent. The legal venue is determined by statutory provisions. German law applies. If a provision of these general terms and conditions is ineffective, the effectiveness of the remaining provisions is not affected.
These terms and conditions are based on a template from https://www.fotoexperten24.de/.
GENERAL TERMS AND CONDITIONS ONLINE SHOP
§1 Applicability to Entrepreneurs and Definitions
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in their version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB).
§2 Conclusion of Contract, Storage of Contract Text
(1) The following regulations regarding the conclusion of a contract apply to orders placed through our online shop at https://www.sunnylifemoments.com.
(2) In the event of the conclusion of a contract, the contract is concluded with:
Sunnylifemoments
Sandra Schmidt
Hochfeldweg 18
D-85646 Neufarn
(3) The presentation of goods in our online shop does not constitute a legally binding contract offer on our part but is merely a non-binding invitation for the consumer to order goods. By ordering the desired merchandise, the consumer submits a binding offer for the conclusion of a purchase contract.
(4) Upon receipt of an order in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully completing the order procedure provided in our online shop.
The ordering process consists of the following steps:
1) Selection of the desired goods and quantity
2) Confirmation by clicking the “Add to Cart” button
3) Review of information in the shopping cart
4) Clicking the “Proceed to Checkout” button
5) Data entry in the online shop, including billing/delivery address
6) Rechecking or correcting the entered data as needed
7) Selection of the payment method
8) Definitive submission of the order by clicking the “Place Order” or “Buy Now” button
Before definitively submitting the order, the consumer can, by using the “Back” button in their internet browser, return to the webpage where their information is captured for review and correction of any input errors, or by closing the internet browser, cancel the order process. We immediately confirm the receipt of the order through an automatically generated email (“Order Confirmation”). With this, we accept your offer.
The consumer, before definitively submitting the order, can, by using the “Back” button in the internet browser, return to the webpage where their information is captured for review. They can correct input errors or cancel the order process by closing the internet browser. We confirm the receipt of the order immediately through an automatically generated email (“Order Confirmation”). With this, we accept your offer.
(5) Storage of the contract text for orders through our online shop: We will send you the order details and our terms and conditions by email. You can also view the terms and conditions at any time at https://www.sunnylifemoments.com/agb/. For security reasons, your order data is no longer accessible via the internet.
§3 Prices, Shipping Costs, Payment, Due Date
(1) The prices stated include the legal value-added tax and other price components. Additional shipping costs may apply.
(2) The consumer has the option of payment via PayPal, credit card (Visa, Mastercard, American Express).
§4 Delivery
(1) Unless otherwise clearly stated in the product description, all items offered by us are immediately ready for shipping. Delivery will take place within a maximum of 5-6 working days. The delivery period starts on the day following the payment order to the bank instructed to transfer funds in the case of payment in advance, and in the case of all other payment methods, on the day following the conclusion of the contract. If the deadline falls on a Saturday, Sunday, or legal holiday at the place of delivery, the deadline is extended to the next working day.
(2) The risk of accidental loss and deterioration of the sold item also passes to the buyer in the case of a mail-order purchase only upon handover of the item to the buyer.
§5 Retention of Title
We reserve ownership of the goods until full payment of the purchase price.
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§6 Right of Withdrawal for the Customer as a Consumer:
Right of Withdrawal for Consumers
Consumers have a right of withdrawal according to the following conditions, whereby consumers are any natural persons who conclude a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days, starting from the day on which you or a third party, who is not the carrier and was designated by you, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us:
Sunnylifemoments
Sandra Schmidt
Hochfeldweg 18
D-85646 Neufarn
Email: info@sunnylifemoments.com
by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, although it is not obligatory.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and, in any event, no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will carry out such reimbursement using the same payment method you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and, in any event, no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
End of Withdrawal Policy
§7 Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Sunnylifemoments
Sandra Schmidt
Hochfeldweg 18
D-85646 Neufarn
Email: info@sunnylifemoments.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
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Name of the consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for communication on paper)
__________________
Date
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(*) Delete as appropriate.
§8 Warranty
The statutory warranty regulations apply.
§9 Contract Language
The exclusive contract language available is German.