1. Application
1.1 The following Standard Terms and Conditions of Delivery and Business (hereinafter referred to as the Standard Terms and Conditions) shall apply to all of orders, offers, deliveries and services executed by the photographer.

1.2 They shall be deemed to be binding on both parties upon acceptance of the photographer’s delivery, service or offer by the customer, however no later than upon the photographic material being accepted for publication.

1.3 If the customer does not accept these Standard Terms and Conditions, it shall lodge written notification to this effect within three work days. Any alternative Standard Terms and Conditions on the part of the customer are hereby rejected. Alternative Standard Terms and Conditions on the part of the customer shall be deemed to be void unless the photographer agrees in writing to be bound by them.

1.4 In the absence of any express reference to the contrary, these Standard Terms and Conditions shall also apply to all of the photographer’s future orders, offers, deliveries and services under the ongoing business relationship notwithstanding the absence of any express reference to them.

2. Commission products
2.1 Any cost estimates provided by the photographer shall be given without engagement. If any increase in costs occurs during production, the photographer shall only report such increase when it becomes evident that the original estimate of the total costs is likely to be exceeded by more than 15 %. If the planned production period is exceeded for reasons beyond the photographer’s control, additional remuneration shall be paid on the basis of the agreed time-based fee or in the form of a reasonable increase in the flat-rate fee agreed upon.

2.2 The photographer may commission third party services which are required for the execution of the production on behalf and for the account of the customer and with the customer’s authorization.

2.3 Subject to any other provisions, the photographer shall be responsible for selecting the photographs to be presented to the customer for approval at the conclusion of production.

2.4 The photographs shall be deemed to have been duly accepted in accordance with the terms of the contract and be free of any faults unless notification to the contrary is served upon the photographer within two weeks of submission of the photographs.

3. Provision of photographic material (analog and digital)
3.1 These Standard Terms and Conditions shall apply to all photographic material submitted to the customer regardless of its degree of completion or technical form. They shall expressly also apply to photographic material transmitted electronically or digitally.

3.2 The customer acknowledges that the photographic material provided by the photographer constitutes copyright material as defined in Section 2 (1) No. 5 of the German Copyright Act.

3.3 Any suggestions submitted by the customer concerning modifications or adjustments shall be deemed to constitute individual services which shall be subject to separate remuneration.

3.4 The photographic material provided shall remain the photographer’s property notwithstanding the fact that consideration may have been received for it.

3.5 The customer shall treat the photographic material carefully and may only make it available to third parties for internal business purposes, i. e. for viewing, selection purposes and technical editing.

3.6 Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described.

4. Utilization rights
4.1 The customer shall fundamentally only receive simple rights for one-time utilization. Subject to any other agreements, the right of publication on the Internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item.

4.2 Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to separate agreement as well as a surcharge of at least 100 % on top of the basic fee in question.

4.3 Upon the photographic material being delivered, only the utilization rights shall be granted for one-time use of the photographic material for the purpose specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the recipient address shall be decisive.

4.4 Any use, exploitation, dissemination, copying or publication going beyond the scope provided for in Section 3 above shall be subject to separate remuneration and require the photographer’s prior written approval. This shall particularly apply to

secondary exploitation or publication including but not limited to anthologies, product-related brochures, advertising or, in the case of any other types of reprinting, any editing of or modifications or changes to the photographic material,

digitalization, storage or duplication of the photographic material on data media of any type (e. g. magnetic, optic, magneto-optic or electronic media such as CD-ROM, DVD, hard disks, RAM, microfilms etc.) other than for the technical editing and management of the photographic material pursuant to III. 5. herein,

any reproduction or utilization of the photographic data on digital data media, inclusion or display of the photographic data on the Internet or in on-line databases or other electronic archives (including the customer’s internal electronic archives),

the transmission of digitalized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hardcopies.

4.5 Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the photographer’s prior written approval and shall be designated as such by [M]. In addition, the photographic material may not be copied in drawing form, recreated photographically or used in any other manner as a motive.

4.6 The customer may not transfer the rights of utilization or any part thereof granted to it to any third parties unless these are members of its group or subsidiaries. All use, reproduction and transfer of the photographic material shall be subject to the condition that the copyright information stipulated by the photographer be included in such a way that it can be clearly allocated to the picture in question.

4.7 The grant of the rights of utilization shall be subject to the condition precedent of full settlement of all of the photographer’s claims for payment under the applicable contractual relationship.

4.8 The photographer still has the right to use his photographs for house advertising purposes even if he grants exclusive rights to the customer.

5. Liability
5.1 The photographer shall not be held liable for the breach of any rights (trademarks, company names, design rights) shown in the photographs or held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e. g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.

5.2 The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.

6. Fees
6.1 The agreed fee shall apply. If no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax at the applicable rate.

6.2 In the event of cancellation the following applies: If the contract is cancelled more than a week (7 days) before the first day of production, for reasons beyond the photographer‘s control, the photographer may charge 50% of the fee that would have been incurred in the execution of the contract. In the event of cancellation within one week (7 days) before the first day of production, 75% of the costs will be charged. In the event of cancellation after the of production started, the full fee shall be charged.

6.3 In the event of postponement of the production: If the production is postponed less than one week (7 days) before the first day of production, for reasons for which the Photographer is not responsible, the Photographer may charge 25% of the fee that would have been incurred in the execution of the contract. In the event of a postponement less than 48 hours (2 days) before the first day of production, the photographer may include 50% of the fee that would have been incurred in the execution of the contract in the invoice. As a gesture of goodwill, the costs incurred can be offset against those of the replacement production. If a replacement date does not come about, the cancellation conditions apply.

6.4 The fee shall be deemed to constitute good consideration for the one-time utilization of the photographic material for the agreed purpose in accordance with Section IV. 3 herein.

6.5 The fee shall not include any costs and expenses arising in connection with the order (e. g. cost of materials, laboratory, models, props, travel, other necessary expenses), which shall be borne by the customer.

6.6 The fee shall be payable upon delivery of the photographs. If the results of the production are supplied in parts, the corresponding part payment shall fall due upon receipt of the corresponding delivery. In the case of commission productions, the photographer may request advance payments matching the percentage of completion of the production.

6.7 The fee provided for in Section VI. 1 herein shall be payable in full notwithstanding the fact that the photographic material ordered and supplied is not published. If the photographic material is to be used as a basis for layout and presentation purposes, a fee of at least Euro 75.00 shall be payable in the absence of any other agreement to the contrary.

6.8 Only counter-receivables which are not disputed or have been upheld in a court of law may be netted or shall be subject to a right of retention. Moreover, counter-receivables which are disputed but on which a decision is soon to be made may also be netted.

7. Return of photographic material
7.1 Analog photographic material shall be returned in the form in which it was supplied immediately after it has been published or utilized for the agreed purpose provided that this is no later than three months after the date of delivery; two sample copies of the publication in which the photographic material appears shall be enclosed. An extension to this three-month period shall require the photographer’s written approval.

7.2 Digital data shall be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued existence and/or possibility of renewed delivery of the data.

7.3 If at the customer’s request or with its approval the photographer supplies photographic material solely for the purpose of determining whether it is suitable for use or publication, the customer shall return analog photographic material no later than one month of receipt in the absence of any other period stated on the consignment note. Digital data shall be deleted and/or the data media destroyed or returned. This period may only be extended with the photographer’s written consent.

7.4 The customer shall return the photographic material at its own cost in standard packaging. The customer shall bear the risk of loss or damage during transportation until the photographic material reaches the photographer.

8. Penalties, damages
8.1 In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (i.e. without the photographer’s consent), the customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other remedies available to the photographer.

8.2 If the copyright notice is missing, incomplete, in the wrong position or not possible of being clearly allocated to the picture in question, a surcharge of 100 % of the agreed or customary fee shall be payable.

9. General provisions
9.1 The contractual relationship anticipated by these Standard Terms and Conditions shall be subject to German law including in the case of deliveries to foreign destinations.

9.2 Any additions or modifications to these Standard Terms and Conditions shall be in textform only.

9.3 If any of the provisions contained herein are void, this shall not prejudice the validity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.

9.4 The place of fulfillment and the legal venue shall be the photographer’s domicile in cases in which the customer is a full merchant as defined by German commercial law.

§ 1 Scope and provider

(1) These general terms and conditions apply to all orders that you place with the online shop of

KontraPixel
Applications 2a
D-82067 Cell
Managing Director: Jana Erb

to do so.

(2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18 years.

(3) Our deliveries, services and offers are made exclusively on the Internet.

Basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.

(4) The contract language is exclusively German.

(5) You can call up and print out the currently valid General Terms and Conditions on the website (www.kontrapixel.de).

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking the button [“Order now subject to payment” / “Buy”] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.

(4) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal the acceptance of the order takes place immediately with your order.

§ 3 Prices

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery”].

§ 4 Terms of Payment; Default

(1) Payment shall be made optionally by: Invoice by prepayment, cash on delivery, credit card, Paypal or direct debit.

(2) The choice of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. advance payment only to secure our credit risk.

(3) When selecting the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.

(4) If payment is made by cash on delivery, an additional fee of 8.00 EUR will be due, which the deliverer will charge on site. Further costs and taxes do not result.

(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debit of your credit card account takes place at the time when we ship the goods to you.

(6) If you pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

(7) If you pay by direct debit, you may have to bear the costs incurred as a result of a reverse posting of a payment transaction due to lack of bank account coverage or due to incorrect bank account data transmitted by you.

(8) If you fall into arrears with a payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.

§ 5 Set-off/Retention Right

(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.

(2) The goods remain our property until the purchase price has been paid in full.

(3) As an exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:

– We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.

– If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.

§ 7 Cancellation Policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes which are predominantly neither your commercial nor your

If you can be attributed to self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of revocation, you must

Company: KontraPixel
Address: Applications 2a, D-82067 Zell
E-mail: jana@kontrapixel.de
phone: 0049 160 5804952

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You shall return or deliver the Goods to us or to [the name and address of any person authorised by you to receive the Goods] immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functionality.

Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

To

Company: KontraPixel
Address: Applications 2a, D-82067 Zell
E-mail: jana@kontrapixel.de
phone: 0049 160 5804952

I/we (*) hereby cancel the contract concluded by me/us (*) concerning

the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of consumer(s) (only for paper notifications)

date

(*) Delete as appropriate.

End of the revocation instruction

(1) The right of revocation does not exist in the case of the delivery of

– goods which are not prefabricated and the manufacture of which is determined by an individual choice or intended use by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photograph and your name),

– Sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,

– of goods, if these have been mixed with other goods inseparably after delivery due to their nature,

– of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

– of newspapers, periodicals or magazines, with the exception of

Subscription contracts.

(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Please call us at 00491605804952 to announce the return before returning the goods. In this way you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

are.

§ 8 Transport damage

(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.

(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items – deviating from the statutory provisions – is one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) Otherwise, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 para. 1 no. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

– Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.

– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.

– In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

– If the subsequent performance fails twice, you can demand a reduction of the purchase price or withdraw from the contract at your discretion.

– The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.

§ 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ . We endeavour to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in any arbitration proceedings and may refuse to allow you to participate in any such proceedings.

such procedures unfortunately also not offer.

§ 12 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law. (3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Copyright: HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13,10115 Berlin, Phone (030) 28 30 57 40, Fax (030) 28 30 57 4