TERMS & CONDITIONS
The following terms and conditions are written in German and can be downloaded and saved by the customer. Upon request, they can be requested from GP-IMAGES in digital or written form. Effective: November 2023
1. Validity
The following terms and conditions apply to all orders placed with the photographer.
Address: GP-IMAGES | Am Zillbach 30 | 36100 Petersberg
(hereinafter: Contractor) Orders are placed exclusively on the basis of these terms and conditions. Deviating terms and conditions not expressly accepted in writing are non-binding.
2. Offer
Offers are subject to change and non-binding. Unless otherwise agreed, information in advertising texts is not to be considered as assured properties or guarantees.
The website www.gp-images.com does not constitute an offer. Upon a verbal or written order from the customer, the customer will receive an order confirmation in the form of a suggested date.
3. Customer's Obligation to Cooperate
The customer shall ensure that the photographer has all current information required for the order.
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5. Delivery Conditions
The delivery time is a maximum of two weeks from the photo session. Unless otherwise stated or agreed, delivery will take place online in the form of a download link. This link will be available for one week.
6. Retention of Title
The goods remain the property of the contractor until full payment is received. Use and publication of the images is only permitted after transfer/receipt of payment.
7. Prices, Shipping Costs, and Payment
Prepayment, cash, invoice, and PayPal are available.
Unless otherwise agreed, invoices are due within eight days of the invoice date without deductions. Further claims remain reserved.
The shipping costs are included in the price for purely digital data on CD/DVD.
The buyer is only entitled to offset if their counterclaims have been legally established, are undisputed, or have been acknowledged by the contractor.
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9. Rights under the Copyright Act
Photos are protected under the Copyright Act. Unless expressly agreed otherwise, the following applies: The buyer receives only digital data upon purchase. All types of use are permitted; otherwise, other provisions will be enclosed in writing (text file) with the delivery.
10. Notice of Defects, Warranty, Exclusion of the Right of Withdrawal
The customer is advised that photos and photographic work are always subject to the artistic discretion of the photographer. The photographer's style is known to the customer. Complaints and/or notices of defects regarding the photographer's artistic discretion are therefore excluded. Subsequent requests for changes require a separate agreement and, if applicable, are subject to separate payment. Editing of the images using mobile phone software or other persons is not permitted. Unedited files will only be released in a reduced format and watermarked to enable selection. Raw files will not be released.
The right to cancel the order according to Section 312g Paragraph 1 of the German Civil Code (BGB) (right of cancellation) is excluded, as the ordered photo products are not prefabricated and their production is subject to individual selection or specification, or they are clearly tailored to personal needs (Section 312g Paragraph 2 Number 1 of the German Civil Code).
11. General Limitation of Liability
In the event of a slightly negligent breach of duty, the photographer's liability is limited to foreseeable, typical, and immediate average damages. The above limitations of liability do not apply to claims under the Product Liability Act or to physical injury or damage to health attributable to the photographer. The photographer cannot be held liable for damage to images/data caused by force majeure. If the photographer is unable to perform due to an accident, bereavement, or serious illness, the photographer will endeavor to provide a replacement, but without guarantee. The customer is not entitled to compensation in these cases; any advance payments will be refunded.
12. Place of Performance, Jurisdiction, Choice of Law
The place of performance and jurisdiction shall be Fulda, provided the contractual partner is a merchant or a legal entity under public law. The contractual relationship is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
13. Severability Clause
The substantive law of the Federal Republic of Germany shall apply exclusively. Should any provision of this contract be invalid, the validity of the remaining provisions shall not be affected.