Terms & Conditions

In case of any discrepancies between the German and English version of the terms and condition, the German version shall prevail.

These terms and conditions apply to all contracts concluded between the contractor and the client. The contractor’s terms and conditions only apply if this has been expressly agreed in writing.

Offers and services by the contractor are based on the following conditions. The client agrees to these conditions by signing the order or confirming the order by email. It is not necessary for the contractor to enclose the general terms and conditions with the order. The general terms and conditions apply at the time the order is signed. The present general terms and conditions of the client can be viewed at any time on the website. Individual contractual agreements take precedence over general terms and conditions. Oral agreements require written confirmation.

“Photos” in the sense of these terms and conditions are all products manufactured by the contractor, regardless of the form or medium in which they were created or are available. (Data on CD, specialist prints, etc.)

The contract is concluded when the contractor accepts the client’s application; these are the contractual partners.

Claims of the client for damages are excluded. This does not apply to damage resulting from injury to life, limb or health if the contractor is responsible for the breach of duty; other damage that is based on an intentional or grossly negligent breach of duty by the contractor and damage that is based on an intentional or negligent breach of typical contractual obligations by the contractor. A breach of duty by the contractor is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of the contractor occur, the studio will endeavor to remedy the situation if it becomes aware of it or if the client complains about it without delay. The client is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the client is obliged to inform the contractor in good time of the possibility of exceptionally high damage.

All claims against the contractor generally become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after three years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the contractor.

The contract must be concluded in writing. Conclusion of a contract by email is equivalent to the written form.

The contractor is obliged to provide the services ordered by the client and promised by the contractor.

The client is obliged to pay the contractor’s agreed or customary prices for these and other services used. This also applies to services and expenses caused by the contractor to third parties, in particular to claims from copyright collecting societies.

All prices quoted are in EURO plus value added tax at the applicable statutory value added tax rate.

If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by the contractor for such services increases, the contractually agreed price can be increased appropriately, but no more than 5%.

Invoices from the contractor without a due date are payable within 10 days of receipt of the invoice without deduction. The contractor is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the contractor is entitled to demand the respectively applicable statutory default interest of currently 9% or, in the case of legal transactions in which a consumer is involved, of 5% above the base rate. The contractor reserves the right to provide evidence of higher damage.
The assertion of further damages, in particular through collection measures, remains unaffected. If the client is in default of payment, the contractor can refuse their services in whole or in part. The contractor will always observe proportionality. Offsetting against claims of the contractor is only possible with undisputed or legally established claims.

The contractor is entitled to request a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The prepayment will be credited to the total amount of the production.

The client can only offset or reduce an undisputed or legally binding claim against a claim by the contractor.

The contractor’s artistic, photographic and image design styles are known to the client and he is aware that his materials are processed in a similar style. The client is also aware that no guarantee can be given for the type of processing within the scope of the contractor’s service.

The contractor undertakes to manufacture a technically perfect product. If the product is defective, the contractor undertakes to replace or improve it. For this it is necessary that the client sends the product back to the contractor. The customer bears the transport costs. Material defects that are recognized by the contractor must be remedied by him. If these corrections cannot be carried out without the cooperation of the client or his specialist advisor, the contractor can consider the contract to have been fulfilled after a period of two weeks has elapsed without result. The contractor is entitled to refuse to remedy the defects until the payments due at the time of the correction have been made.

Showing or using the work publicly, use and/or payment of the respective service of the contractor each constitute acceptance. It is also equivalent to acceptance if the client does not accept the work ready for acceptance within a period of ten working days, unless a different period has been set or agreed upon in individual cases.

The media provided to the client (e.g. USB sticks, external hard drives, DVD) are checked for compatibility and can be played on commercially available media. Nevertheless, the contractor cannot guarantee the playability on all end devices. The contractor assumes no liability for damage to the end devices caused by the use of the material.

The contractor is not liable if the material supplied is not satisfactory, unless the client’s ideas and wishes have previously been presented in writing and have not been part of the contract.

The contractor is not liable for the timely completion of the agreed materials. The service of the photographer and videographer is a creative work – there can be no guarantee that the material will be liked.

The contractor is not liable for technical malfunctions in the camera equipment. The contractor pays compensation for technical problems only at his own discretion and only in the context of impairments.

A liability claim for defects must be submitted no later than one week after the final photo and / or video data has been handed over. Content-related aspects do not represent a defect.
If a defect caused by the contractor is discovered, there is no claim for damages, unless the contractor has fraudulently concealed a defect or caused the defect through negligent behavior.
The contractor only pays damages in the amount of the down payment made, since the contractor cannot influence if it is not fulfilled due to force majeure.

The client is responsible for ensuring that the contractor’s services can be carried out. He assures the contractor that no third party rights will be violated in the course of his service.

Obtaining and procuring any necessary third party rights by the contractor is not part of the contract. If the contractor needs the rights of third parties in the context of a service, the client procures these and grants them to the contractor.

The contractor generally assumes that no third party rights are violated in the course of its service or that the corresponding declaration of consent from the third party is available. In the event of a violation of the rights of third parties, the client releases the contractor from all corresponding claims. The client assumes all claims made on the contractor with regard to the rights of third parties of any kind. The client bears all costs for the rights, the acquisition of rights and their use.

The contractor is entitled to use the materials created for the contractor for his own advertising purposes. This can be, for example, posting on social media or on the contractor’s website.

The contractor is also entitled to label the materials with his name or some other note with reference to his service.

Deviations from this can be agreed in writing.

The contractor always retains the copyright for the materials created. The materials created are basically only intended for private use.

Rights of use transferred to the client may not be passed on without prior agreement.

Delivery times must be contractually agreed. In the event of a delay in delivery, the customer is only entitled to take the steps to which he is legally entitled after setting a reasonable period.

If there are time delays due to requests for changes by the client or for other reasons for which the client is responsible, the completion date may be exceeded by at least the period by which the production time was delayed or interrupted. The prerequisite for this is that completion is possible within this time based on a reasonable economic standard. If the production process is delayed by more than 6 months due to circumstances in the area of responsibility of the client, the employee is entitled to withdraw from the contract. Any expenses incurred up to that point must be borne by the client.

Rescission by the client free of charge from the contract concluded with the contractor requires the contractor’s written consent. If this is not done, the following rules apply:

If an advance payment has been agreed, this will be settled by the client as a cancellation fee.
If no advance payment has been agreed and the client withdraws from the 15th day after signing the contract, 25%,
seven days before the agreed date 50% and
from three days before the agreed date, 100% of the total amount is to be paid as a cancellation fee.

This does not apply in the event of a breach of the contractor’s obligation to take into account the rights, legal interests and interests of the client, if the client can no longer be expected to adhere to the contract or if he has any other statutory or contractual right of withdrawal.

If a date for free withdrawal from the contract has been agreed in writing between the contractor and the client, the client can withdraw from the contract until then without triggering payment or damage claims by the contractor. The client’s right of withdrawal expires if he does not exercise his right of withdrawal in writing against the contractor by the agreed date.

If the client’s right to withdraw free of charge has been agreed in writing within a certain period, the contractor is entitled to withdraw from the contract during this period if there are inquiries from other clients about the contractually booked dates and the client does not respond to the contractor’s request for his right to withdraw waived.

Furthermore, the contractor is entitled to withdraw from the contract for an objectively justified reason.

For example, if force majeure or other circumstances for which the contractor is not responsible make it impossible to fulfill the contract;
Services providing misleading or false information on essential facts, e.g. B. the contractor or purpose;
The contractor has justified cause to assume that the agreed services may jeopardize the smooth business operations, the safety or the reputation of the contractor in public, without this being attributable to the contractor’s sphere of control or organization;
If the contractor is justified in withdrawing from the contract, the client has no right to compensation.

The contractor is entitled but not obliged to archive any form of data. In general, no liability can be accepted for data loss when archiving the data. If the data, including all rights of use acquired, are passed on to the client, the client assumes the obligation of further archiving. The data is stored without any guarantee.

Should individual provisions of these general terms and conditions be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

The place of fulfillment and payment is the seat of the contractor.

The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of the contractor in commercial transactions. If a contractual partner fulfills the requirement of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the contractor’s registered office.

German law applies. The application of the UN sales law and the conflict of laws is excluded.

Changes or additions to the contract, the acceptance of applications or these terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.

The EU Commission has provided a platform for out-of-court settlement of disputes. This gives consumers the opportunity to settle disputes in connection with their online order without the involvement of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.

We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.

FLYING PEAR • Terms & Conditions