General terms and conditions (GTC) for wedding photographs, photo reports, and related services
The following general terms and conditions apply exclusively in the version valid when the contract was concluded for all business relationships between the customer and Candida & Max Jan Photography GbR. Candida & Max Jan Photography GbR (from now on, also referred to as C & MJ) does not recognize customers’ conflicting terms and conditions unless their validity has been expressly agreed between the parties. They also apply to future business relationships between the contracting parties, even if they are not explicitly included again in the subsequent agreement. “Photos” within the meaning of these terms and conditions are all products manufactured by C & MJ, regardless of the technical form or medium in which they were created or are available. (Negative, printed or exposed paper images, printed or exposed images in photo books and wedding albums, digital photos in online galleries or on other data carriers, videos, etc.)
1. Contractual partner, address
The contractual partner for all legal transactions is Max Jan Heinrich and Candida Heinrich-Piras GbR, represented by the partners Max Jan Heinrich and Candida Heinrich-Piras Elisabeth-Kirch-Str. 22, 67659 Kaiserslautern.
Phone: +49 178 1987061
Sales tax identification number according to §27 a sales tax law:
2. Conclusion of the contract
For C & MJ, an offer to the client regarding the wedding photography date can only be seen as a reservation and is valid for max. 10 days. A binding occurs only after binding commissioning and transfer of the items listed under no. 3. Prices, shipping costs named appointment reservation fee to C & MJ by the client. A binding order by the client towards C & MJ without a previous offer from C & MJ represents an offer to conclude a contractual agreement. By placing an order or accepting an offer from C & MJ, the customer agrees with these general terms and conditions.
3. Prices, shipping costs
The agreed fee applies to the production of the photos. For end consumers, the price includes the applicable VAT. For wedding photography/photo-reportage orders, an initial appointment reservation fee of EUR 1500.00 will be charged (deducted from the total amount). C & MJ confirms the order for wedding photography/photo reportage and the amount by e-mail; the appointment reservation fee is due within 5 days in cash or bank transfer. By paying the appointment reservation fee, the client declares the correctness of the order confirmation from C & MJ and thereby once again confirms the binding order placement. A partial payment of EUR 1200.00 is due no later than 14 working days before the photo session. This partial payment is to be made unsolicited. The remaining amount is initiated by C & MJ after the order has been processed. The client agrees to receive invoices by e-mail. Arrival and departure from C & MJ take place from Kaiserslautern. The respective travel costs are binding and can be seen in the offer. Food and drinks during the report will be provided by the client free of charge. After a reminder, the client is default in payment. After the default in payment, there is a 10% fee p.a. paid as interests.
A set-off or the exercise of the right of retention is only permitted against undisputed or legally established client claims. The client bears reminder fees and the costs (including extrajudicial) of legal intervention. If the client wishes changes during or after the recording production, he has to pay the additional costs. C & MJ retains the right to remuneration for work that has already started. For a spontaneous extension of the wedding accompaniment at the client’s express request, a fee will be charged for the commenced extension hour, insofar as no other written agreement has been made before the start of the order. If the execution of the order is delayed for reasons for which the client is responsible or as a result of force majeure or weather conditions, C & MJ can demand a reasonable increase in the fee. In the event of intent or gross negligence on the part of the client, C & MJ can also assert claims for damages. If the client withdraws from the contract with the consent of C & MJ before the agreed photo session, 75% of the agreed fee is to be paid to C & MJ as a cancellation fee. Statutory rights of withdrawal remain unaffected by this regulation. Down payments will not be reimbursed if the contract is withdrawn or the agreed deadline is not met.
4. Retention of title
The delivered materials and other goods (online gallery, photo book, etc.) remain the property of C & MJ until the purchase price has been paid in full.
5. Execution of contractual obligations
The client is advised that photos are always subject to the creative freedom of the photographer. Complaints and/or notifications of defects concerning the artistic freedom exercised by C & MJ, the location, and the optical and technical means of photography used are therefore excluded. Subsequent requests for the client’s changes require a separate agreement and commission and paid for separately. It cannot be guaranteed that all guests present, e.g., be photographed at weddings or other photo reports. However, C & MJ always endeavors to achieve this if the client so wishes. Photographs by competitors or the client’s guests are not permitted during a portrait shoot. In the case of half-day or full-day bookings, in particular, C & MJ or its vicarious agents are to be granted appropriate breaks, including meals. C & MJ selects the images that are delivered to fulfill the contract. C & MJ does not undertake to permanently archive the image material created during production unless otherwise expressly agreed in writing. Original files, including RAW recordings, remain with C & MJ. They are only released to the client with a separate agreement. The client assures that he has the right of reproduction and distribution for all templates handed over to C & MJ and the consent of the depicted persons for publication, reproduction, and distribution in the case of portraits of persons. The client bears third-party claims for compensation based on the breach of this obligation. If individual images are forbidden by photographed persons regarding their rights, the contract price increases by 2% due to the increased processing costs.
Claims for damages against C & MJ due to delay, the impossibility of performance, breach of statutory and/or contractual ancillary and protective obligations when concluding the contract are excluded, unless the damage was caused by grossly negligent or willful behavior on the part of C & MJ. The organization, allocation, and execution of bookings are done with great care. If, however, due to particular circumstances, e.g., sudden illness, traffic accident, environmental influences, traffic disruptions, etc. (also of family members of the shareholders of C & MJ) C & MJ does not appear at the agreed photo appointment, no liability can be assumed for any damage, loss or consequences resulting from there. Should C & MJ fail at short notice due to force majeure, they will endeavor (if desired by the customer) to find a replacement photographer who will provide his services on his account. However, there is no entitlement to this. C & MJ is not liable for the loss of stored data and digital photos. C & MJ will not compensate for damage caused by transferring the data supplied to a computer. C & MJ is entitled to commission external laboratories, photo book manufacturers, or producers of wedding albums, printers, etc. C & MJ is also entitled to carry out the orders with its staff or external services. C & MJ is only liable for its fault and only for willful or grossly negligent behavior. Compensation for damages exceeding the material value is excluded. C & MJ is solely responsible for the light resistance and durability of the photos within the framework of the photo material manufacturer’s guarantee. C & MJ assumes no liability for discoloration in the fold area and on the front and back of photo books and wedding albums. The sending and return of films, pictures, and templates are at the client’s expense and risk. The client can determine how and by whom the return is made. If a return does not reach the client, C & MJ cannot be held liable for this. Compensation for damages is hereby excluded. If the delivered goods have a fault, they must be returned to C & MJ and briefly notified in writing the fault. The return must be sent to the address listed under no. 1 of these General Terms and Conditions. This is: Max Jan Heinrich & Candida Heinrich-Piras GbR, Elisabeth-Kirch-Str. 22, 67659, Kaiserslautern. As far as possible, C & MJ will provide replacements for goods delivered within a reasonable period or ensure that the fault is rectified. If the error correction or replacement delivery fails, the customer can withdraw from the contract or reduce the price. The guarantee takes place according to the legal regulations. The warranty period is 2 years from delivery. The assignment of warranty claims to third parties is excluded. Complaints of any kind must be made in writing to C & MJ within 7 days of delivering the photos or the work. After that, the images are deemed to be accepted following the contract and free of defects. Technically flawless images, which may lead to disappointed expectations on the client’s part due to differing views on the artistic design by C & MJ, do not represent a defect. There may be color differences in the case of reproductions, reorders, and enlargements compared to the original or the original images. Color differences can also occur in photographic prints and prints of any kind made from a digital file. This is not a fault of the work, and a complaint is not justified. Delivery dates for photos are only binding if they have been confirmed in writing by C & MJ. C & MJ is solely liable for exceeding the deadline in the case of intent and gross negligence.
7. Usage and copyrights
All rights of use and copyrights remain exclusively with C & MJ, even after a concluded contractual agreement. Audio ¬, image ¬, and copyrights remain entirely with C & MJ. If C & MJ transfers a restricted right of use or reproduction to the customer, an apparent reference to C & MJ’s copyright must be made in the event of public use of the data. The client only acquires the right to use the images for private use. The right of reproduction and transfer to third parties is granted for personal purposes. The rights of use are only transferred to the client after the fee has been paid in full to C & MJ. The commercial use, commercial resale, commercial rental of C & MJ goods, or their use in public performances or photo competitions require prior written approval by C & MJ. Any technical changes to the supplied photo data (image processing, changes to details, etc.) are expressly prohibited. C & MJ may use the photos for self-promotion and journalistic purposes (e.g., for exhibitions, trade fairs, websites, blogs, specialist magazines for Photography or weddings, etc.). The clients give their express consent to this by accepting the offer. If this consent is expressly not granted, C & MJ will need to advertise using current wedding photos from other orders. The previously agreed increase in the order value of 20% of the contract amount also applies to this increased effort.
8. Data protection
Photo and video recordings (from now on image material) are personal data within the meaning of GDPR and the BDSG. Before the admission, the persons depicted are, therefore, as affected by Art. 13 GDPR. This obligation is hereby fulfilled: Responsible for the recording and further processing of image data is: Candida Heinrich-Piras & Max Jan Heinrich GbR Elisabeth-Kirch-Str. 22 67659 Kaiserslautern The recording and further processing of the image material takes place to fulfill a contract for the provision of photo services (hereinafter photo contract). Insofar as the portrayed are contractual partners, the legal basis for recording and further processing is Art. 6 Para. 1 Letter b) GDPR. Suppose a report has been commissioned to accompany celebrations such as a wedding. In that case, it is necessary for the photographic / videographic representation of the day (story) that wedding guests who are not contractual partners are also included. Therefore, the contracting parties have a legitimate interest in that the participants in the ceremony are also photographed. The legal basis for the admission of participants who have not become contracting parties is Article 6 Paragraph 1 Letter f) GDPR. The image material is saved on the person in charge’s hard drive and further processed as part of the image editing. The image material or details can also be stored at a cloud provider for backup or delivery. As far as finishing products such as photo prints, photo albums, etc. are to be made, the image material necessary for the production is passed on to correspondingly specialized photo laboratories. The complete image material is usually saved for 3 years starting with the date of recording. A longer storage time can occur if the image material is still required for the fulfillment / supplementary performance of the photo contract beyond the statutory limitation. The part of the image material handed over to the client of the photo contract as a JPEG and the RAW files on which the photo material is based are usually stored for as long as it is necessary to prove the photographer’s copyright. However, those shown have no claim to this storage / archiving (particularly under the law of obligations). The person concerned has a right to information about the stored photos and to deletion or restriction of processing or a right to object to processing and the right to data portability, provided the legal requirements for this are met. Those affected have the right to complain to the competent supervisory authority for violations of applicable data protection law. The responsible data protection authority is State Commissioner for Data Protection and Freedom of Information Rhineland-Palatinate (LfDI Rhineland-Palatinate) Hintere Bleiche 34 55116 Mainz, Telephone: +49 (0) 6131 208-2449 Fax: +49 (0) 6131 208-2497 Website: https://www.datenschutz.rlp.de/ E-Mail: firstname.lastname@example.org The processing of digital image data is absolutely necessary for the execution of the photo order due to the contract concluded for this. The data subject is obliged to enable this to fulfill the contract.
9. Applicable law, written form, partial ineffectiveness, place of jurisdiction
German law applies exclusively to deliveries to the exclusion of UN sales law. This also applies to activities or publications abroad. Verbal side agreements are not sufficient. Any arrangements that amend or supplement the contract must be made in writing. This also applies to this written form requirement. If individual provisions of the agreement or these general terms and conditions are ineffective, the remaining clauses remain effective. The place of performance and fulfillment is, as far as legally permissible, Kaiserslautern. As far as legally permissible, the place of jurisdiction for all disputes arising from the contractual relationship is also Kaiserslautern.