General Terms and Conditions (GTC)
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(Version: January 05, 2025)
1 Scope of Application
1.1 These General Terms and Conditions apply to all contracts between Leon Antoin Plümacher and their clients concerning photo and/or video services.
1.2 Deviating conditions of the Client shall only become part of the contract if confirmed in writing by the Contractor.
1.3 The assignment and acceptance of contracts may also occur without formal written agreements; a written form is not mandatory. In particular, the submission of an order confirmation or an offer via email, WhatsApp, or comparable electronic communication means shall be considered a binding acceptance of the order and the establishment of a contractual relationship.
2 Definitions
2.1 “Images” shall include all photo and video products created by the Contractor, regardless of technical form or format.
2.2 “Raw data” means unedited image or video files, which shall remain the property of the Contractor at all times.
3 Copyright and Usage Rights
3.1 The copyright to all images remains permanently with the Contractor (§ 7 German Copyright Act – UrhG).
3.2 Upon full payment, the Contractor grants the Client a simple, non-transferable usage right strictly for the contractually agreed purpose.
3.3 Exclusive or extended usage rights in terms of time or region require a separate written agreement and additional remuneration.
3.4 The Client is not permitted to edit or transfer the images to third parties unless explicitly agreed otherwise.
3.5 The Contractor may require to be credited as the author in a customary manner within the industry. Failure to provide such credit entitles the Contractor to claim damages.
4 Scope of Services / Client Obligations
4.1 The type and scope of services shall be determined according to the written offer or order confirmation. Subsequent changes requested may incur additional costs.
4.2 The Client must provide all information necessary for execution in a timely manner. Delays caused by this shall not be the responsibility of the Contractor.
5 Remuneration, Payment Terms, Deposit
5.1 The fee stated in the offer applies plus statutory VAT and incidental costs (e.g., travel expenses, models, props).
5.2 Deposit Obligation:
a) New clients shall pay a deposit of 30% of the order value within seven calendar days after contract conclusion.
b) For all clients, a deposit of 30% is also due for any expected invoice value of €10,000 or more, regardless of the business relationship.
5.3 Remaining payments are due without deduction within 14 days after invoice date; usage rights transfer only after full payment has been received.
5.4 If the Client is in default, the Contractor may claim default interest pursuant to § 288 German Civil Code (BGB) as well as reminder fees.
6 Acceptance / Retention of Title
6.1 The Contractor shall provide the final results online or physically for acceptance. The work shall be deemed accepted if the Client does not report any significant defects within 14 days.
6.2 All delivered images remain the property of the Contractor until full payment is made.
7 Cancellation and Compensation for Loss of Earnings
7.1 The Client may cancel the contract in writing at any time (§ 648 BGB).
7.2 To cover the loss, the Contractor charges the following flat rates unless higher costs are proven, or the Client proves lower costs:
Cancellation up to 30 calendar days before service: 30% of the fee
Cancellation 29 to 8 days before: 50%
Cancellation 7 to 1 day(s) before: 80%
Cancellation on the day of production: 100%
7.3 In case of cancellation due to demonstrable force majeure (e.g., illness of a wedding couple), only actually incurred costs must be reimbursed.
8 Liability
8.1 The Contractor is liable without limitation in cases of intent, gross negligence, or injury to life, body, or health (§ 309 No. 7 BGB).
8.2 In cases of slight negligence involving essential contractual obligations, liability is limited to the typical, foreseeable contract-related damage.
8.3 The Contractor’s liability for data loss or damage to recording material is limited to gross negligence; compensation is limited to replacement procurement of raw material.
8.4 Liability for consequential damages of defects is excluded to the extent legally permissible.
9 Warranty and Complaints
9.1 The statutory warranty rights (§§ 634 ff. BGB) apply; for work services, the limitation period is 12 months for entrepreneurs and 24 months for consumers.
9.2 Obvious defects must be reported in writing within 8 days after delivery; otherwise, the service is deemed approved.
10 Data Protection / Personality Rights
10.1 The Contractor processes personal data exclusively according to the GDPR and Federal Data Protection Act (BDSG), especially for contract fulfillment and archiving in accordance with Art. 6 Para. 1 lit. b, c GDPR.
10.2 The Client shall ensure that required consents of all depicted persons for recording and publication are obtained or will be obtained.
10.3 Revocation or objection rights of affected persons are observed under the GDPR; revocation does not affect already granted usage rights unless overriding interests oppose.
11 Right of Withdrawal for Distance Contracts
Consumers have a 14-day right of withdrawal (§ 312g BGB). This right expires prematurely if the Contractor has fully provided the service and the consumer expressly agreed before service delivery.
12 Jurisdiction and Applicable Law
12.1 Exclusive German law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 If the Client is a merchant, a legal entity under public law, or a public special fund, the exclusive place of jurisdiction shall be the Contractor’s registered office; the Contractor remains entitled to sue at the Client’s registered office.
13 Final Provisions
13.1 Should any provision of these GTC be or become wholly or partly invalid, the remaining provisions shall remain unaffected (§ 306 BGB). The parties undertake to replace any invalid provision with a valid one that approximates the economic purpose of the invalid provision as closely as possible.
13.2 Amendments or additions to these GTC must be made in writing; this also applies to the waiver of the written form requirement itself.
End of Terms and Conditions