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General Terms and Conditions of PicturePeople GmbH


1. general

 1.1 The following GTC shall apply to all orders received by PicturePeople. They shall be deemed agreed if they are not immediately contradicted.

1.2 Photographs in the sense of these GTC are all products produced by PicturePeople, regardless of the technical form or medium in which they were created or are available (paper images, still videos, electronic image files in digitalized form, videos, etc.).

1.3 These GTC shall be deemed accepted in full by placing an order with PicturePeople. The customer waives his own contractual conditions. Such shall only become binding if they are expressly confirmed in writing by PicturePeople. Subsidiary agreements shall only be effective if they are expressly confirmed.

1.4 The Customer undertakes to read the GTC carefully and to take note of them completely.
 

2. Copyright

2.1 PicturePeople shall be entitled to the copyright of the photographs in accordance with the Copyright Act.

2.2 The Photographs produced by PicturePeople are basically only intended for the Customer's own use. In this respect PicturePeople distinguishes between private customers and entrepreneurs. The Customer is a private customer, provided that the use of the Photograph is not for commercial or professional activity. The customer is an entrepreneur, provided that he acts in the exercise of his commercial or professional activity when concluding the contract. This is independent of the legal form. The commercial usage permission can be acquired for each Photograph. 

2.3 If PicturePeople transfers rights of use to the Photographs, only the simple right of use shall be transferred in each case - unless expressly agreed otherwise. A transfer of rights of use requires a special agreement.

2.4 The rights of use shall only be transferred to PicturePeople after full payment of the fee.

2.5 The customer in the sense of paragraph 60 UrhG has no right to reproduce and distribute the Photograph if the corresponding rights of use have not been transferred. Paragraph 60 UrhG is expressly waived.

2.6 When exploiting the Photographs, PicturePeople may, unless otherwise agreed, demand to be named as the author of the Photograph. A violation of the right to be named entitles PicturePeople to compensation.

2.7 For business customers, the following conditions apply: PicturePeople and/or the Photographer assign to the Customer the unrestricted right of use to the Photographs under the condition precedent of payment of the agreed fee. The rights of use shall not pass until the fee has been paid in full.

3. remuneration, retention of title

3.1 For the production of the Photographs, a fee shall be charged as an hourly rate, daily rate or as an agreed lump sum plus the applicable sales tax. Incidental costs such as travel expenses, model fees, expenses, props, material costs, etc. shall be borne by the customer. 
 
3.2 Invoices are due immediately upon performance of the service. The pictures shall remain the property of PicturePeople until the invoice has been paid in full. A handover can only be requested when the agreed fee has been paid in full. For special requests, a deposit of 50% of the order value is due 4 weeks before the order date.
 
3.3 Invoices are payable within 7 days without deduction. The customer shall be in default if he does not settle due invoices no later than 21 days after receipt of an invoice or equivalent request for payment. The invoice or equivalent request for payment shall be deemed received 3 days after posting, whereby the customer shall retain the right to prove later receipt of the invoice or equivalent request for payment.
 
3.4 The Customer expressly acknowledges PicturePeople's image concept and design upon placing the order. If the customer wishes to make changes during or after the production of the order, he shall bear the additional costs. PicturePeople retains the right to remuneration for work already begun.

4. liability

4.1 For the violation of obligations that are not directly related to essential contractual obligations, PicturePeople shall only be liable for itself and its vicarious agents for intent and gross negligence. PicturePeople shall also be liable for damages resulting from injury to life, body or health as well as from the violation of essential contractual obligations, which they or their vicarious agents have caused through culpable breach of duty. PicturePeople shall only be liable for damages to photographic objects, originals, films, displays or layout, negatives, or data - unless otherwise agreed - in case of intent and gross negligence. The obligation to pay compensation in case of loss of photographs, including data, is limited to the provision of new film or data storage material. Further claims are expressly excluded.
 
4.2 PicturePeople does not store the image data. PicturePeople is entitled, but not obliged, to destroy the image data immediately. Upon explicit request of the Customer, image data will be deleted immediately and will not be stored e.g. for quality control purposes.
 
4.3 In the event of technical defects in camera equipment, hard drives and other storage media and in the event of failure of camera and/or lighting technology, defects in vehicle technology on the way to the order location, PicturePeople shall only be liable in the event of intent or gross negligence. The liability is limited to the agreed fee. PicturePeople guarantees the consistency of the quality of the pictures only within the framework of the guarantee of the manufacturer of the materials (photo paper, printer, printer cartridge, etc.).
4.4 The sending and return of data carriers, films, pictures and originals shall be at the risk of the Customer. The customer may determine how or by whom the return shipment is to be made.
 
4.5 The Customer assures that he is authorized to commission the electronic processing of an image by PicturePeople. PicturePeople shall not be liable for claims of third parties based on the violation of this obligation.
 

5. secondary obligations

5.1 The Customer assures that he/she possesses the right of reproduction and distribution for all originals handed over to PicturePeople as well as, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. In the case of persons under 18 years, the customer ensures that a declaration of consent of the parents is available. Claims for compensation by third parties based on the violation of these obligations shall be borne by the customer. The Customer shall indemnify PicturePeople from any claims of third parties.
 
5.2 The Customer undertakes to provide the objects to be photographed in due time and to collect them again immediately after the photograph has been taken. If the Customer does not pick up the objects to be photographed after 3 working days at the latest after being requested to do so, PicturePeople shall be entitled to charge storage costs if necessary or to remove the objects from storage at the Customer's expense if its studio rooms are blocked. Transport and storage costs shall be borne by the customer.

6. failure to perform, failure fee

6.1 If PicturePeople provides the Customer with several Photographs to choose from, the Customer shall return the non-selected Photographs within one week of receipt - if no longer period has been agreed - at his own expense and risk. PicturePeople may demand payment for lost or damaged Photographs, provided it is not responsible for the loss or damage.
 
6.2 If the Photographs are not returned to PicturePeople within the 7-day period, the shipment shall be deemed to have been accepted and shall thus be invoiced in full. If the time provided for the execution of the order is exceeded by more than 15% for reasons for which PicturePeople is not responsible, PicturePeople's fee shall be increased accordingly, if a flat rate was agreed upon. If a time fee has been agreed, PicturePeople shall also receive the agreed hourly and daily rate for the waiting period. In the event of intent or negligence on the part of the Customer, PicturePeople shall be entitled to claim damages.
 
6.3 Delivery dates for Photographs shall only be binding if they have been expressly confirmed by PicturePeople. PicturePeople shall only be liable for exceeding deadlines in case of intent and gross negligence.
 
6.4 In case of a fixed date booking (e.g. via the website), the basic fee shall be charged as a deposit. If the customer cancels the booking of the photographer of PicturePeople, will be charged as follows:
 
- Cancellation more than 14 days before the appointment: 100% refund or rescheduling of the appointment. 
- Cancellation between 48 hours and 14 days before the appointment: Basic fee 100% due or rescheduling possible 
- Cancellation within 48h before the appointment: Basic fee 100% due and no rescheduling possible 
- Costs for additional orders, e.g. studio rooms, make-up artists will be charged additionally, independent of the cancellation fee of the photographer.
 
6.5 PictureLoveGuarantee: If immediately after the photo shoot during the image selection the customer is dissatisfied with the resulting images, there is no obligation to accept. PicturePeople reserves the right to repeat the shooting. If no satisfactory pictures are created in this case either, any basic fee already paid will be refunded.
 
6.6 If the Customer has decided on images and products after the photo shoot during the image selection, these shall be deemed to have been expressly accepted. With payment, the photographs are considered expressly and bindingly accepted. A later return is excluded. 
 

7. data protection

7.1 Personal data of the Customer required for business transactions may be stored. PicturePeople undertakes to treat all information disclosed to it within the scope of the order as confidential.
 
7.2 Only data provided by the Customer himself shall be recorded. There shall be no merging with other data records.
 
7.3 PicturePeople shall provide information free of charge and delete the Customer's data upon request.
 
7.4 Personal data will never be disclosed to third parties with the exception of the disclosure to service partners of PicturePeople for the purpose of an order fulfillment. The transmitted data is always limited to the contract essential minimum.
 
7.5 The internet presence of PicturePeople does not store permanent cookies. Only session cookies are stored, which are deleted after leaving the website.
 
7.6 For the creation of usage statistics, all accesses to the pages of PicturePeople are logged. These logs are completely anonymous and do not allow any conclusions to be drawn about individual persons or orders. The data recorded include: Browser type/version, operating system used, referrer URL (origin URL), IP address of the accessing computer, time of server request, HTML pages visited, images and other media files transferred, transmission volume, protocol type, access status. 

8. cancellation policy

8.1 If the customer is a private consumer, he shall be entitled to the statutory right of revocation. 
Appointment bookings in the photo studio are excluded from the right of revocation in accordance with § 312 g para. 2 No. 9 BGB; the same applies to individualized products (e.g. canvases, photo books, etc.). 
 
8.2 The revocation period is 14 days and can be exercised in writing (info@picturepeople.de) with a clear declaration. 
 
8.3 A return of photographs and products purchased in the studio is excluded (see 6.6). 
 

9. vouchers 

9.1 Vouchers purchased online can be canceled within 14 days. 
 
9.2 Vouchers purchased in the studio can not be canceled. 
 
9.3 In case of loss or theft of the voucher, no refund, credit or reissue of the voucher value will be made. 
 
9.4 PicturePeople vouchers have a general limitation period of 3 years according to § 195 BGB. 
 

10. final provisions

10.1 Place of performance and jurisdiction is the registered office of PicturePeople, Bochum.
 
10.2 PicturePeople reserves the right to amend or change the GTC.
 
10.3 The customer accepts these GTC by placing an order.
 
Status: September 16, 2022