General terms and conditions
by Nadja Osieka Photodesign, www.nadjaosieka.de My customers undertake to read the following general terms and conditions with care and to take note of their meaning.
1. scope of application
The GTC listed here shall be deemed to have been agreed between Nadja Osieka – hereinafter also referred to as Photodesignerin – and her customers, unless they are objected to immediately after inspection.
The photos/photo files titled here are the products manufactured by Nadja Osieka. This could be, for example, in the form of a conventionally developed photo, a file on CD/DVD or photo books, etc..
2. contracting party
The sales contract for a booked photo package is concluded with Nadja Osieka Photodesign, Füllenplatz 10a, 79618 Rheinfelden, Germany. You can reach me at my mobile number: 0152 / 04679439 or by mail: firstname.lastname@example.org
According to the copyright law, the photo designer is entitled to the copyright of her own photos. The photos/photo files produced by the photo designer are intended only for the private use of the customer. Nadja Osieka can transfer the right of use to others after payment has been made without any deductions from her photos, but this only includes private use. In the event of publication in competitions (competitions in the photographic sense are excluded), the photo designer must be notified and the author indicated: Nadja Osieka Photodesign, www.nadjaosieka.com
Whenever the photos are used for private purposes or publicly on the Internet, the naming of the photo designer is required as follows: Nadja Osieka; www.nadjaosieka.de. Violations entitle Nadja Osieka to compensation.
Furthermore, any further processing of the digital data by the customer or third parties is strictly prohibited!
4. remuneration and retention of title
For the product (shooting and following treatment) costs result for the customer depending upon booked package. This must be paid as a fee to Nadja Osieka. Any additional costs (travel costs, prints, canvases, various photo products) are to be borne by the customer, unless they are included in the package offer. If Nadja Osieka has started with her work on the respective order, the customer must pay the previously booked price in full, the remuneration claim lies with the photo designer. The agreed package price is to be paid either directly after the shooting on site or by bank transfer before pick-up/delivery of the digitized photos. Reminder fees after delay can be incurred after a period of 30 days. Further costs are incurred after payment and receipt of the digitized photos if the customer expresses further image files and/or other processing requests which were not agreed before the first processing of the photos. The sending of the finished results (photo CD/DVD or other photo products) is at the expense and risk of the customer. The photo designer determines the supplier (Deutsche Post AG/DHL, Hermes, …), but can be agreed with the customer in exceptional cases. The photo files remain the property of the photo designer until full payment has been received.
Nadja Osieka is liable for herself and the fulfilment of the order only in the case of intent and gross negligence. In the case of personal injury, the photodesigner is only liable for errors that have occurred due to her culpable breaches of duty. Photo and image files shall be stored by the Photodesigner carefully and by regular backup. After the expiry of three years after the fulfilment of the order, the photo designer shall be obliged to continue to store the files. Nadja Osieka shall only be liable for the durability and lightfastness of printed prints, exposed photos and other photographic products as long as the manufacturer of these goods also provides for it in his guarantee.
Vouchers or credit notes must be redeemed within the regular period of 3 years from the date of issue; no cash payment will be made. Complaints must be made to Nadja Osieka within one week (seven days) of receipt of the photo files on CD/DVD, otherwise the order will be considered accepted and completed. Complaints are only valid in case of a disturbance of the data carrier or if the photo designer has violated previous written services (included in the booked package). The delivery date, or the collection takes place as a rule at the latest after 10 days, provided that no illness, force of nature or other unforeseeable occurrences hinder the further processing.
7. data protection
Nadja Osieka stores all necessary data concerning the customer such as name, address and order data. She undertakes to treat all data relating to the order confidentially. The passing on of personal data to third parties is excluded.
8. use of the photos
When placing the order, customers agree that Nadja Osieka may use the photos from the order for advertising purposes. This includes flyers, brochures and similar print media used to illustrate her work, as well as publication in web galleries (e.g. the website of the photo designer www.nadjaosieka.de). The use of the photo files on the part of the customer is already described and kept with point II copyright .
9. default in performance and default fee
An agreed date between the customer and the photodesigner must be observed in any case. Should Nadja Osieka not be able to make an appointment due to force majeure or illness, she will endeavour to arrange an alternative appointment, and the customer will also waive damages against the photo designer. Should it not be possible for the client to meet the agreed appointment, this must be discussed with Nadja Osieka at an early stage. In the event of cancellations within 24 hours of the agreed date, cancellation or cancellation fees amounting to 50% of the anticipated order value may be charged.
Complaints about the scope of artistic design determined by Nadja Osieka are excluded. The photographer cannot be held liable for technical failures of her optimally maintained equipment.
Should any provision of these GTC be defective or legally invalid, this shall not affect the legal validity of the other provisions of these GTC. The ineffective provision shall be replaced by a legally effective provision which comes as close as possible to the original provision. The same shall also apply in the event of a loophole.
Status: January 2019