Terms and Conditions
- All photographic work is protected by copyright law and related patent rights of 9.9.1965. Copyright privileges remain with the photographer and rights of exploitation are given to the client only within the context of any agreements made (the negatives will always remain with the photographer)
- Even with delivery of a selection of photographs the rights of use will only transfer for those finally selected and paid for. The unselected photos remain the photographer’s property and therefore must be carefully kept and returned promptly after final selection.
- Any photographs lent for selection purposes not returned within one month will incur a € 100.- late fee. Those photos returned in a lessor condition then which they were sent may also incur a fee.
- Upon purchase, without alternative agreements, the buyer only acquires permission for the use of the photographs for their own advertising purposes:
- For printed products not sold (i.e. flyers, catalogues etc.)
- For advertisements and similar publications.
- Each reproduction or duplication (small or large poster, display, packaging, calendars, cover pages, in the text or picture part of printed products for sale e.g. books, magazines, newspapers, postcards etc.) requires the previous written agreement and will require appropriate remuneration.
- Compensation is payable in case of damage or loss of the images supplied by us.
- The name of the photographer is to be indicated with each editorial rendition. Where photos are incorrectly sourced or not sourced at all, a fee is owed. Should the earning lost be undeniably calculable, 100% of the figure established by the photographer will be charged, or should there be no direct proof of lost earnings a minimum of 25% of the total potential earnings figure established by the photographer, will be charged.
- Should a photograph include an identifiable person, the agreement of the represented person must be sought before the photo’s use. Failure to obtain this permission before use can lead to legal action and can have criminal consequences.
- Payment must be remitted within one week after the completion of the order. The invoice will be sent with the goods. There is no trade discount offered for early payment. Upon receipt of a down payment alternative payment timetables and other individual arrangements may be possible. The buyer is liable for any additional costs incurred. After 31 days interest charges are payable.
- These terms of delivery are legally binding.
Area of jurisdiction and place of delivery is Schwandorf, Germany.