Rules of the game
We offer you excellent photography at the highest level. But unfortunately we cannot help but give our service rules. That’s why we’re adding our General Terms and Conditions here.
1. These terms and conditions apply to all orders accepted by Die Hoffotografen, unless otherwise agreed in writing in individual cases. We hereby object to any deviating wording in any general terms and conditions of the client. Our General Terms and Conditions are deemed to have been accepted if no objection has been raised in writing within 7 days.
2. “Photographs” within the meaning of these General Terms and Conditions are all works by Die Hoffotografen, regardless of the creative stage or the technical form in which they are available (e.g. print, negative, digital data).
3. The offer only includes what was discussed when the order was placed. All additional costs due to order extensions will be charged additionally.
4. All goods and image rights remain our property until full payment.
5. We grant unrestricted rights of use to all recordings made after January 1st, 2012. However, the granting of the right of use does not mean that we provide the customer with suitable templates (raw or high-resolution data) free of charge. Fine data are to be purchased according to the offer, in the absence of an offer according to our current price list.
6. The client bears the risk for all circumstances for which we are not responsible; etc. Weather allowances for outdoor shots, timely provision of products, presence of props, insofar as procurement is the responsibility of the client, travel bans, non-appearance of announced authorized representatives of the client and force majeure.
7. If, for reasons for which Die Hoffotografen are not responsible, a firmly booked photo session is canceled at short notice and this cancellation cannot be compensated for with another order, we are entitled to at least 50% of the agreed fee. If an order that has started is not completed for reasons for which Die Hoffotografen are not responsible, we are entitled to the full fee. An order is deemed to have started when we have started the contractually owed service. The customer is free to prove that no damage has occurred at all or that it is significantly lower.
8. If the time allotted for the execution of the order is significantly exceeded for reasons for which we are not responsible, we can demand a reasonable increase in the fee.
9. Complaints of any kind can only be asserted by the client within 5 working days after receipt of the recordings. After this period has expired, the photographs are deemed to have been accepted in accordance with the order. Exceptions to this are non-obvious defects, for which a period of one year applies.
10. Defects or errors in the photos supplied will be remedied at our discretion by rectification, conversion or reduction. If we are unsuccessful in rectifying the defect or delivering a replacement, the customer can choose to cancel the order or reduce the fee by a reasonable amount, excluding all further claims – regardless of the type and legal basis – if we are given a second opportunity for rectification or a replacement A replacement delivery was given with a notice period of at least 6 weeks. We are not liable – as far as legally permissible – for consequential damages.
11. Small deviations in color cannot be avoided for technical reasons when repeat orders and do not justify a claim for complaint.
12. If we are expressly given the freedom to design an order, complaints regarding the image conception, the selection of the photo models, the location and the optical-technical photographic means used are excluded.
13. We archive the image data of your recordings for one year, you can only reorder during this time. If image data in our archive becomes illegible prematurely due to technical defects or force majeure, we are not liable.
14. We reserve the right to adjust the material prices at any time due to changed production costs.
15. Invoices are to be paid within 14 days of receipt without deductions. 30 days after receipt of the invoice, the customer is automatically in arrears in the event of non-payment.
16. If the probable invoice total exceeds the amount of 5,000 euros, we may be entitled to demand a payment on account of 40% before starting the work.
17. The exclusive place of jurisdiction for all claims in connection with the business relationship is Berlin, to the extent legally permissible. We are also entitled to sue at your general place of jurisdiction. Should any provision of this contract be or become invalid, the remaining provisions of this contract shall remain valid. The contracting parties agree to replace the invalid provision with a valid one that best corresponds to the objectives of the contracting parties in economic terms.
These terms and conditions apply from January 1st, 2012, all previous terms and conditions are no longer valid