Fleur de Tilleul

Braugasse 5

35390 Giessen

Email: fleurdetilleul.photo@gmail.com

Mobile: 0151-70039320

The content (text and images) of this website is copyrighted. Downloading, copying and reproducing the content is prohibited without the written permission of Fleur de Tilleul . Any violation will be reported and will result in claims for damages.

Despite careful examination, I  take no responsibility for the linked pages. I cannot guarantee that the content is complete, up-to-date or correct.

GENERAL TERMS AND CONDITIONS (AGB)

I.I. Applicability

1. These general terms and conditions of delivery and business (hereinafter referred to as T&Cs) apply to all orders, offers, deliveries, and services provided by the photographer.

2. The T&Cs are considered agreed upon when the customer accepts the delivery or service or the photographer's offer, but no later than when the photographic material is accepted.

3. If the customer wishes to object to the T&Cs, a written declaration must be made within three working days. Any conflicting terms and conditions of the customer are rejected, unless acknowledged in writing by the photographer.

4. The T&Cs also apply to all future orders, offers, deliveries, and services of the photographer within an ongoing business relationship, unless expressly agreed otherwise.

II. Commissioned Productions

1. Cost estimates provided by the photographer are non-binding. In the event of cost increases during production, the photographer will only notify the customer if the originally estimated total costs are exceeded by more than 15%. If the planned production time is extended due to reasons beyond the photographer's control, additional compensation in the form of an increased flat fee or based on the agreed time fee may be required.

2. The photographer is authorized to engage third-party services necessary for the production, on behalf of and for the account of the customer.

3. Unless otherwise agreed, the photographer selects the photographs presented to the customer for acceptance after the completion of production.

4. If the photographer does not receive written notices of defects within two weeks of photo delivery, the photos are considered accepted according to the contract and free of defects.

III. Provided Image Material (Analog and Digital)

1. These terms and conditions apply to all image material provided to the customer, regardless of its creative stage or technical form, including electronic or digitally transmitted image material.

2. The customer acknowledges that the photographic material provided by the photographer is protected under copyright law.

3. Design proposals or concepts commissioned by the customer are separate services and subject to compensation.

4. The provided photographic material remains the property of the photographer, even if damages are paid.

5. Complaints regarding the content, quality, or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is considered properly received according to the contract.

IV. Rights of Use

1. By default, the customer acquires a non-exclusive, limited right of use for one-time usage. Online publications or placement in digital databases are limited to the publication period of corresponding print objects, unless otherwise agreed.

2. Exclusive rights, media-related or spatial exclusive rights, and blocking periods require separate agreements and may involve additional charges.

3. Upon delivery, the customer obtains the right of use for the specified purpose and medium as indicated by the customer. The purpose stated on the delivery note or shipping address is decisive.

4. Any use, exploitation, duplication, distribution, or publication beyond the agreed scope requires a fee and the prior express consent of the photographer. This includes, but is not limited to:

• Second use or publication, such as in anthologies, product brochures, or advertising materials

• Modification or redesign of the image material

• Duplication or use of the image data on digital data carriers or on the Internet

• Transfer of the digitized image material via long-distance data transmission or for public display

1. Any changes to the image material to create a new copyrighted work require the prior written consent of the photographer and must be marked with © Fleur de Tilleul. The image material may not be used as a motif.

2. The customer is not entitled to transfer the granted rights of use, in whole or in part, to third parties, including group companies or subsidiaries. Any use, reproduction, or sharing of the image material must include the copyright notice provided by the photographer (© Fleur de Tilleul).

3. The rights of use are granted upon full payment of all outstanding fees related to the respective contractual relationship.

V. Liability

1. The photographer assumes no liability for the infringement of rights of depicted persons or objects, unless a duly signed release form is attached. The responsibility for acquiring additional rights beyond photographic copyright lies with the customer. The customer is responsible for captions and any specific publication contexts.

2. Once the image material is properly delivered, the customer is responsible for its appropriate use.

VI. Fees

1. A fee applies to every order, purchase, and use of the image material, regardless of whether it is for internal purposes or publications.

2. The fee is determined based on an hourly rate, daily rate, or an agreed flat rate for the production of the photographs. If the allocated time for the shoot exceeds significantly due to reasons beyond the photographer's control, the agreed flat rate should be increased accordingly. If a time fee is agreed upon, the photographer is also entitled to the hourly or daily rate for waiting time. In cases of client's intent or negligence, the photographer can claim damages.

3. If no fee is agreed upon, the current photo fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM) applies.

4. The fee covers the one-time use of the image material for the agreed purpose. Any additional use must be agreed upon in writing.

5. Ancillary costs (travel expenses, model fees, props, laboratory and material costs, studio rentals, etc.) are the responsibility of the client.

6. The photographer's cost estimates are non-binding.

7. Cost increases need to be reported only if the originally estimated total costs are expected to exceed by more than 15%.

8. The fee claim becomes due upon delivery of the images. In the case of partial deliveries, the corresponding partial fee is due with each delivery. For production orders, the photographer may request advance payments based on the services provided.

VII. Return of Images

1. Analog image material must be returned in the same form as delivered, without request, immediately after publication or the agreed usage, but no later than three months after the delivery date. Two specimen copies must be included. Any extension beyond the 3-month period requires written approval from the photographer.

2. Digital data must be deleted or the data carriers destroyed after the end of usage. The photographer is not liable for the existence or possibility of re-delivery of the data.

3. If the photographer provides image material solely for the purpose of checking use or publication, the customer must return analog image material within one month of receipt, unless a different period is specified on the delivery note. Digital data must be deleted, the data carriers destroyed, or returned. Any extension of this period must be confirmed in writing by the photographer.

4. The customer is responsible for the return of the image material in appropriate packaging at their own expense. The customer bears the risk of loss or damage during transport until received by the photographer.

VIII. Penalties and Compensation

1. Unauthorized use, application, reproduction, or transfer of the photographic material without the photographer's consent incurs a contractual penalty of five times the usage fee per individual case, in addition to further claims for damages.

2. If the copyright notice is omitted, incomplete, incorrectly placed, or unattributable, a surcharge of 100% on the agreed or standard usage fee applies.

IX. General

1. The laws of the Federal Republic of Germany apply, including for international deliveries.

2. Any additional agreements related to the contract or these T&Cs must be in writing to be valid.

3. The possible invalidity or ineffectiveness of one or more provisions of these terms and conditions does not affect the validity of the remaining provisions. The parties agree to replace any invalid provision with a valid one that best reflects the desired regulation from an economic and legal standpoint.

4. The place of performance and jurisdiction is the photographer's domicile if the customer is a registered trader.