All deliveries, services, and offers by Abhifotografie (hereinafter: Photographer) are made exclusively on the basis of these terms and conditions. Deviating conditions of the customer, which have not been expressly recognized in writing, are non-binding.
All offers made by the Photographer are subject to change and non-binding. A contract is only formed when an appointment is explicitly confirmed in writing (e.g., via E-mail or WhatsApp) by both parties.
A right to revoke the order according to § 312g para. 1 BGB (Right of Withdrawal) is explicitly excluded, as the ordered photo products, edits, and services are not prefabricated and their production is determined by an individual choice or decision of the customer, or they are clearly tailored to the personal needs of the customer (§ 312g para. 2 number 1 BGB).
The standard delivery time for edited images is usually three weeks from the date the invoice or required deposit is settled. The delivered goods and digital image files remain the full property of the Photographer until the final payment has been made in full.
Unless otherwise agreed, invoices are due for payment without any deductions within ten days of the invoice date. In the event of default in payment, statutory default interest will be charged.
Note: As a small business owner according to § 19 para. 1 UStG (German Value Added Tax Act), no value-added tax (VAT) is charged or shown on invoices.
All photographs enjoy protection under the German Copyright Act (UrhG). Unless expressly agreed otherwise, the following applies: Upon acquiring the digital image files or physical prints, the customer receives the right to reproduce them for their own private, non-commercial use.
The customer is generally not permitted to use the photos commercially, edit/alter them (including social media filters), or sell them to third parties without permission. Any further uses beyond private use require the separate, written acquisition of usage rights from the Photographer.
Claims for damages arising from the breach of contractual secondary obligations are excluded, unless intentional or grossly negligent behavior is involved, or an essential contractual obligation, life, or health is breached. In these cases, liability is limited to the typical and foreseeable damage at the time the contract was concluded.
The place of fulfillment and jurisdiction is Munich, Germany. The contractual relationship is subject exclusively to German law.
Severability Clause: Should a clause of these terms be invalid, the validity of the remaining conditions shall remain completely unaffected.