These terms and conditions apply to all current and future business relationships from online shipping between the company foto-job.com and its customers, unless they are expressly modified or excluded in writing. These terms and conditions apply exclusively.
Conditions of the customer that conflict with or deviate from the terms and conditions are not recognized unless foto-job.com has expressly agreed to them in individual cases.
Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without commercial or independent professional activity being attributable to them. A private use of image material is assumed, e.g. for the publication of sales images, provided that the marketing of horses is not for profit.
The customer has the option of selecting and ordering photographic representations, photos, files and services on the above-mentioned website. The order can be placed online, by post, by fax or by telephone.
The customer will receive a separate confirmation for each order.
The customer can click on the photos he wants on the website. When ordering via the Internet, these are collected in a virtual shopping cart and at the end of the purchase the customer receives a summary of the products at the total final price including the VAT applicable at the time of the order. VAT is not shown separately.
Any dates and delivery periods specified are non-binding unless they are expressly guaranteed in writing. foto-job.com is entitled to partial deliveries.
The shipping costs depend on the desired product, the shipping method and the desired delivery location. The shipping costs can be found in the respective shopping cart.
If the goods cannot be delivered to the customer due to misconduct on the part of the customer (e.g. cash on delivery) and this means that foto-job.com has to send the goods again, the customer bears the entire shipping costs.
Foto-job.com will respond to customer inquiries in connection with orders that have already been placed regarding changes, extensions and/or limitations of the product scope at short notice.
In the case of a delivery to an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes with the handover, in the case of an agreed shipment with the handover to the courier service, freight forwarder or other person or company responsible for carrying out the shipment.
In the case of a delivery to a consumer, the risk of accidental loss or accidental deterioration of the goods passes to the buyer upon delivery and handover of the goods. The transfer is the same if the buyer is in default of acceptance.
The customer acknowledges that the photographic material provided by the photographer is copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
In principle, the customer only acquires a simple right of use for one-time use.
Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
With the delivery, only the right of use is transferred for the one-off use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which/-s/-n the customer has/-s/-r arises from the circumstances of the placing of the order. In case of doubt, the object (newspaper, magazine, etc.) for which the image material has been made available, as evidenced by the delivery note or the shipping address, is decisive.
Any additional use, exploitation, duplication, distribution or publication is subject to a fee and requires the prior express consent of Foto-Job.com. This applies in particular to:
a secondary use or secondary publication, in particular in anthologies, product-related brochures, advertising measures or other reprints,
any editing, modification or transformation of the image material,
the digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, CDi, floppy disks, hard drives, RAM, microfilm, etc.), insofar as this is not only used for the technical processing of the image material , any duplication or use of the image data on CD-ROM, DVD, diskettes or similar data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including internal electronic archives of the customer) , the transfer of the digitized image material by way of long-distance data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.
Changes to the image material through photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of Foto.Job.com and only if marked with [M]. The image material may not be drawn, photographed or otherwise used as a motif.
The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries.
Any use, reproduction or forwarding of the image material is only permitted if the copyright notice provided by the photographer is attached in unequivocal assignment to the respective image.
In the case of contracts with consumers, foto-job.com retains ownership of the goods until the purchase price has been paid in full.
In the case of contracts with entrepreneurs, foto-job.com retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.
The list prices at the time of the order apply, in particular for the online dispatch of image material, as shown on the website.
In addition, the agreed fee applies to services. If no fee has been agreed, it is determined according to the current photo fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee does not include the applicable VAT.
The fee or the list prices only apply to the one-time use of the image material for the agreed purpose. If the fee is also intended for further use, this must be agreed in writing.
Costs and expenses incurred as part of the provision of a commissioned service (e.g. material and printing costs, costs for necessary props, travel expenses, necessary expenses, etc.) are not included in the fee and are borne by the customer.
Design proposals or concepts commissioned by the customer are independent services that are to be remunerated.
The fee must also be paid in full if the commissioned and supplied image material is not published. If the recordings are used as working templates for layout and presentation purposes, unless otherwise agreed, a fee of at least €75.00 per recording will be charged.
Offsetting or exercising the right of retention is only permitted against undisputed or legally established claims of the customer. It is also permissible to set off counterclaims that are disputed but are ready for a decision.
Only the payment methods communicated to the customer during the ordering process apply to online shipping.
foto-job.com issues an invoice to the customer for the ordered goods, which is handed to him upon delivery of the goods.
The purchase price and other fees are payable and due within 14 days of receipt of the confirmation e-mail. After this period the customer is in default of payment.
In the event of late payment, the consumer will be charged 5% and the entrepreneur 8% above the respective base interest rate. A higher damage caused by delay can be asserted against the entrepreneur against appropriate proof.
Prices on the invoice are always retail prices including value added tax.
The customer can only offset counterclaims that have been legally established, are undisputed or recognized by foto-job.com. The customer can only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship.
With the order, the customer submits a binding purchase offer, which foto-job.com will decide whether to accept within two weeks by means of a written confirmation or by delivering the goods. If orders are placed via the Internet, their receipt will be confirmed by foto-job.com immediately by e-mail.
If the contract concluded between Foto-job.com and a consumer for the delivery of image material or the provision of services is concluded exclusively using means of distance communication, the consumer can submit his contractual declaration in text form (e.g. letter, fax, etc.) within two weeks without giving reasons , e-mail) or by returning the item. The period begins at the earliest with receipt of this instruction.
The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
foto-job.com, photo services Susanne Lehmann, Westersteder Str. 32, 26345 Bockhorn
Fax: 04488 - 860660, e-mail: info(at)foto-job.com
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If the consumer cannot return the service received to foto-job.com in whole or in part or can only return it in a deteriorated condition, he must compensate foto-job.com insofar as this may be the case. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for the consumer to do in a shop. In addition, the consumer can avoid the obligation to pay compensation by not using the item like an owner and refraining from anything that could impair its value. Transportable items are to be sent back. In the case of a return from a delivery whose order value is up to EUR 40 in total, the consumer must bear the costs of the return if the delivered goods correspond to those ordered. Otherwise, the return is free for the consumer. Items that cannot be sent by parcel will be picked up from the consumer.
The consumer's right of withdrawal expires prematurely if foto-job.com has started the execution of a service (collage, retouching) with the consumer's express consent before the end of the withdrawal period or if the consumer has arranged for this himself.
The right of withdrawal does not apply to contracts for the delivery of goods that are made to customer specifications (collages, retouches) or are clearly tailored to personal needs.
In the case of any unauthorized (without the consent of Foto-Job.com) use, application, reproduction or forwarding of the image material, a contractual penalty of five times the usage fee must be paid for each individual case, subject to further claims for damages.
A surcharge of 100% of the usage fee is payable if the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned.
A contractual penalty of 50% of the usage fee must be paid if a specimen copy is missing or if the billing is made without a specimen copy or if the billing does not state which image was used where in which publication.
The payments provided for here do not establish any rights of use.
Complaints relating to the content of the delivered program or the content, quality or condition of the photographic material must be reported within 48 hours of receipt.
If a delivery has a material defect or defect of title, the customer has claims for rectification of defects in accordance with the statutory provisions in accordance with § 437 BGB for supplementary performance through repair or replacement delivery
in the event of failed subsequent performance, at the request of the customer, the reduction in payment (reduction) or cancellation of the contract or
Subsequent performance is deemed to have failed if the specific defect cannot be completely remedied within a reasonable period of time even after the second rectification or if the replacement delivery has a comparable defect. Furthermore, the right of withdrawal is excluded if only a minor defect exists or remains, which does not affect normal use or corresponds to a normal quality.
Entrepreneurs must report obvious defects in writing immediately - but no later than within a period of 48 hours from receipt of the image material or service, whereby the timely dispatch of the notification is sufficient to meet the deadline. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded. The legal requirements for the commercial duty to examine and give notice of defects (Section 377 of the German Commercial Code) also apply to merchants. The entrepreneur bears the full burden of proof for the proof of the claim requirements, in particular with regard to the defect, the time the defect was determined and the timeliness of the notice of defects.
If a customer justifiably withdraws from the contract, the claim for damages due to the defect is excluded. Otherwise, the compensation is limited to the difference between the purchase price and the value of the defective item, provided the goods remain with the customer. This does not apply if the breach of contract was caused fraudulently by Foto-job.com.
In the case of deliveries to entrepreneurs, claims for defects become statute-barred after one year from delivery. For consumers, the limitation period is two years.
Foto-job.com is only liable for damages to entrepreneurs, except in the case of a breach of essential contractual obligations, if and insofar as foto-job.com is guilty of intent or gross negligence on the part of its legal representatives or executives. For other vicarious agents, foto-job.com is only liable in the case of intent and insofar as they violate essential contractual obligations intentionally or through gross negligence. Except in the case of intent or gross negligence on the part of legal representatives, executives or willful behavior of other vicarious agents of foto-job.com, there is no liability for compensation for indirect damages, in particular for lost profits. Except in the case of intent and gross negligence on the part of foto-job.com, its legal representatives and executives, liability is limited to the damage that was typically foreseeable at the time the contract was concluded.
Foto-Job.com assumes no liability for infringement of the rights of persons or objects depicted, unless a correspondingly signed release form is attached. The customer is responsible for acquiring rights of use beyond the photographic copyright and obtaining publication permits from collections, museums, etc. The customer bears the responsibility for the captions as well as the contexts resulting from the concrete publication.
Foto-job.com is only liable to consumers for intent and gross negligence. However, in the event of a breach of essential contractual obligations, default by the debtor or the impossibility of providing the service for which foto-job.com is responsible, foto-job.com shall be liable for any culpable conduct by its employees and vicarious agents. Except in the case of intent and/or negligence on the part of legal representatives, employees and other vicarious agents, the liability of foto-job.com is limited to the damage typically foreseeable at the time the contract was concluded.
The aforementioned exclusions and limitations of liability towards entrepreneurs or consumers do not apply in the case of the acceptance of express guarantees by foto-job.com and for damages resulting from injury to life, limb or health as well as in the case of mandatory statutory regulations.
Foto-job.com will observe all data protection requirements (see data protection declaration).
The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad.
Ancillary agreements to the contract or to these GTC must be in writing to be effective.
Any nullity or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful, valid provision that comes as close as possible to the desired regulation from an economic and legal point of view.