TERMS & CONDITIONS
The following terms and conditions apply to all orders issued to the photographer Heike Moellers. They apply as agreed on if not promptly contradicted.
Bookings for wedding or family photos with a specific arrangement of appointments with the photographer are binding for both parties.
If a booking for the wedding and event photography is canceled or postponed by the customer, 50% of the costs are calculated, 80% of the costs incur one month before.
If a booking for family photography/portraits is moved to a date on which the photographer can work as well, no costs will incur for the customer.
A postponement of the appointment by the customer can be, under circumstances, canceled by the photographer if the photographer already has another appointment or can't keep the new appointment otherwise. No costs incur until to two weeks before the agreed date, 50% of the costs are applied afterward.
In the unlikely event that the photographer is not possible to fill the order or deliver the images within 21 days because of force majeure (such as accident, illness, etc.), the bride and groom waives the claims for compensation or the shifting of any additional costs from the photographer. In any case, the photographer strongly endeavors to provide a replacement photographer.
Compensation, Retention of Title
A rate by the hour, day, or an agreed flat rate plus the statutory value-added tax will be charged for making the photos.
A contract with the client is made for booking wedding reports. A 50% deposit is due within ten days after the conclusion of the contract. Only then the wedding date is set.
Invoices are payable within 14 days without deductions.
Up to the complete payment of the purchasing price, the photographs remain the property of Heike Moellers.
If the implementation of the order is delayed because of reasons for which the client is responsible or in consequence of force majeure or climatic conditions, the photographer can demand an appropriate increase of the fee.
Discounts in any form cannot be transferred, paid out, or combined.
It is pointed out to the client that photos are always subject to the creative leeway of the photographer. Therefore, reclamations and/or claims concerning the creativity leeway discretion practiced by the photographer, the location, and the used technical means are excluded. Subsequent changes requested by the customer shall require a separate agreement and assignment and are to be paid for separately.
During a portrait shoot, photography by competitors or guests of the client is not permitted.
Copyrights and Personal Rights
Under the Copyright Act, the copyright of the photographs belongs to Heike Moellers.
The photographs produced by Heike Moellers are only intended for the private use by the client. The transfer of rights to use requires a separate agreement and compensation.
The acquired image data can be used by the customer for private purposes, except for commercial use. The commercial use of the images requires the consent of Heike Moellers and for commercial purposes, a copyright compensation must be negotiated ahead of time. Commercial purposes can include advertising: e.g. for bridal fashion houses, hotels, etc., or journalistic use like stories in press products or the internet.
Heike Moellers has the right to use images from the orders without prior agreement with the client for her own portfolio or competition purposes in the printed and electronic form. If you do not like this, point this out to Heike Moellers before placing the order. If the pictures are not to be visible on the internet, a surcharge will incur with a base price of 15%.
Scope of Services
The photo files are delivered in high resolution and are optimized with 300 dpi. Film exposures are delivered as a digital file.
Heike Moellers selects the images that are presented to the client for buying. The approximate number of photos is set in advance. These are either issued as high-resolution JPG files or as negatives. Digital data are either provided on DVD, USB flash drive, or as a download.
Agreements regarding photo prints, photo albums, etc. are recorded in the cost estimate and are binding.
If there is no other agreement, the photographer endeavors to provide the image data within three weeks after the photo session.
Heike Moellers is not obliged to archive images from orders for more than two weeks. So far, all orders are archived, photos in digital form on disk drives. A storage guarantee does not exist.
If the customer wants to purchase copies of Heike Moellers archive within two weeks after the completion of the order and if they are still available, the creation of CD's/DVD's/USB stick is chargeable.
It will be pointed out to you that it is always useful to burn a copy of the issued CD/DVD/USB stick to be on the safe side.
The contractually agreed prices, which are stated in the cost estimate, shall apply.
Surcharges can be only follow through changes to the order by the customer, also in verbal form (requirement of a longer presence of the photographer for a shoot, or subsequently given requests such as thank you card design/image editing, etc.) Changes after placing the order have no effect on the originally agreed price.
Commerce-required personal data of the customer can be stored. Heike Moellers is obliged to treat the information that became known during the process of the order confidential.
The booking for a ride in the London cab is in writing. The bride and groom then travel in the cab to the registry office/church location with Heike Moellers. The lump sum is a contribution to the costs of the preparation (cleaning, polishing). Heike Moellers does not operate as a photographer while driving! The car is 30 years old and is constantly maintained and serviced. The photographer assumes no liability for any unforeseen failures.
Periods of Rest
With a booking of eight hours, the photographer, and potential employees are entitled to a break with a minimum of 30 minutes, it does not extend the booking time. At weddings, the client agrees to care and to assume the costs of the adequate provisioning for the photographer and his assistant.
Claims for damages because of delay, impossibility of performance, violation of statutory and/or contractual accessory and protection obligations when the contract is concluded against the photographer are excluded as far as the damage is not caused by intentional or grossly negligent behavior on the part of the photographer.
Photography is not an exact science. Memory cards, cameras, and hard drives could break. Heike Moellers maintains her equipment, always has spare equipment packed and double secures photos during the shoot, yet there is still the possibility of the unlikely event that data is lost. The photographer is not liable for the loss of stored data, digital photos or lost films. However, she tried to find a satisfactory solution for the customers in the case of damage caused to the customer.
The organization, placing and implementation of reservations is done with great care.
If, however, the photographer does not appear to the agreed date of the shoot due to special circumstances, such as sudden illness, accident, environmental influences, traffic disruptions, etc. (also by members of the family of the photographer), no liability can be taken for any resulting damage, loss or consequences. Should it come to a last-minute absence of the photographer in the short term due to force majeure, she will endeavor (if desired by the customer) to find a replacement photographer who provides his services on his own account. However, there is no entitlement.
The photographer does not compensate for damages caused by the transfer of delivered data to a computer.
The photographer is entitled to hire third-party laboratories, photo book manufacturers or producers of wedding albums, printing companies, etc. She is only liable for her own faults and only for deliberate or grossly negligent behavior. Indemnity beyond the value of the material is excluded.
The photographer is responsible for lightfastness and longevity of the photos only in the context of the warranty of the manufacturer of the photographic material. The photographer assumes no liability for discoloration in the seam area and on the front and back of photo books and wedding albums.
The sending and returning of films, images and templates is done at the expense and risk of the customer. The client can determine how and by whom the return is made. If a return does not reach the contractor, the photographer cannot be held liable for this purpose. An indemnity is hereby excluded.
Complaints of any kind must be made within seven days after the delivery of the photos or the work in writing at the photographers. After, the photos are considered as conventionary and free of defects.
With re-orders, reproductions and enlargements, color differences can result compared to the template or the first pictures. Color differences may also occur with color prints and any type of prints that were created from a digital file. This is not a flaw in the work, and thus a claim is not valid.
Delivery dates for photographs are only binding if they are confirmed in writing by the photographer. The photographer is only liable for intentional and gross negligence delay.
Legal Validity, Statute, Court of Jurisdiction
The nullity or invalidity of individual clauses of the general terms and conditions do not affect the validity of the remaining clauses. The law of the Federal Republic of Germany takes effect, even for deliveries and publications from abroad.
Subsidiary agreements in addition to the contract or these terms and conditions have to be in writing to be effective.
These terms and conditions are valid since 22.05.2015. All previous general terms and conditions expire.