General Terms and Conditions (AGBs)
I. General
1. The following terms and conditions apply to all business transactions of the company ”Nina Marczak Fotografie”.
They are deemed to have been agreed if they are not contradicted immediately.
Special agreements that deviate from the terms and conditions are only recognized if there is a written confirmation.
2. "Photographs" within the meaning of these terms and conditions are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or are available. (, Paper images, electronic
Still images in digitized form, videos, files, etc.)
2. Copyright
1. Nina Marczak Photography is entitled to the copyright on the photographs in accordance with the copyright law.
2. The photographs produced by Nina Marczak Fotografie are generally only intended for the customer's own use.
3. If the photographer transfers rights of use to his works, only the simple right of use is transferred in each case, unless expressly agreed otherwise. A transfer of usage rights requires the special agreement.
4. The rights of use are only transferred to Nina Marczak Photography after the fee has been paid in full.
5. The customer of a picture within the meaning of § 60 UrhG has no right to reproduce and distribute the picture if the corresponding rights of use have not been transferred. § 60 UrhG is expressly waived.
6. Unless otherwise agreed, Nina Marczak Fotografie can request to be named as the author of the photograph when using the photographs. A violation of the right to be named entitles Nina Marczak Photography to compensation.
7. The type, color or detail of the photographs created by Nina Marczak Photography may not be changed.
8. The delivery to the client takes place in jpg format.
3. Prices, terms of payment
1. All offers on the website of Nina Marczak Photography are non-binding. The fee is calculated in the form of a package price.
Due to the small business regulation (§19 Paragraph 1 UStG) there is no disclosure of sales tax. In addition to the package prices, each additional picture / photo will be invoiced individually.
Price changes can be made with immediate effect.
2. The costs are to be paid in cash on the day of the shoot or must be paid when the pictures are handed over
or paid in advance. For presentation products (e.g. books) a deposit of 50% has to be paid.
3. Complaints regarding the image interpretation as well as the artistic-technical design are excluded.
The style of the photographer is known to the client. If the client wishes during or after the
Recording production changes, he has to bear the additional costs. The photographer retains the right to remuneration for work that has already started.
4. The delivered photographs remain the property of the photographer until the purchase price has been paid in full.
4. Disruption of performance, cancellation fee
1. If the time allotted for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases proportionally, provided a flat rate has been agreed. If a time fee has been agreed, the photographer will also receive the agreed hours or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage.
In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
2. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the event of willful intent and gross negligence.
3. Cancellations are only accepted in writing. If the order is canceled (cancellation of the
Shooting dates) by the client, the agreed remuneration of 20% is due and is to be paid by the client (deposit will be retained or offset). A rescheduling is generally possible.
4. In the case of short-term cancellations, Nina Marczak Fotografie is entitled to invoice 50% of the agreed shooting package price. (24 hours before the start of the shooting)
5. Photography / products
1. In the case of photo prints, there may be slight deviations in color and contrast compared to the digital image.
This is because the customer's monitor may have different calibration and color settings. It is therefore not a reason for complaint.
6. Data protection
The data provided by the customer (e.g. name, address, email address, telephone number, bank details, credit card details) are kept under lock and key and used in accordance with the provisions of German data protection law. The customer's personal data is used exclusively to process the contracts concluded between the parties, e.g. for billing purposes and greeting cards.