GTC
General Terms and Conditions (GTC)
I. General
The following general terms and conditions (hereinafter referred to as "GTC") apply to all orders placed with the photographer, except for wedding contracts. They are deemed agreed upon if not objected to immediately. If the customer wishes to object to the GTC, this must be done in writing within three working days. Any conflicting terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not become valid unless the photographer acknowledges them in writing. "Photographs" within the meaning of these GTC are all products produced by the photographer, regardless of the form or medium in which they were created or exist (data on CD, prints, etc.).
II. Copyright
The copyright of the photographs always remains with the photographer. The photographs produced by the photographer are generally intended only for the client's own private use unless expressly agreed otherwise in writing. If the photographer transfers usage rights to his works, only the simple usage right is transferred each time, unless expressly agreed otherwise; the transfer of usage rights requires a special agreement. The usage rights only transfer after full payment of the fee to the photographer. The client has no right to reproduce or distribute the photograph unless the corresponding usage rights have been transferred. When using the photographs in online and print media (for private use), the photographer must be credited as the author of the photograph. Violation of the right to attribution entitles the photographer to damages. The raw data remain with the photographer. The delivery of raw data (unedited images) to the client generally does not occur.
III. Remuneration, Retention of Title
A fee is charged for the production of the photographs, either as an hourly rate, daily rate, or an agreed lump sum. Additional costs such as travel expenses, expenses, props, studio rentals, etc., are to be borne by the client unless otherwise agreed. If the photographer provides cost estimates, these are non-binding. If cost increases occur during production, the photographer must notify the client. If the planned production time is exceeded for reasons beyond the photographer's control, additional compensation must be paid based on the agreed hourly rate or in the form of a reasonable increase in the lump sum fee. Payment is made by invoice. Due invoices are to be paid immediately and without deduction. The client is in default if overdue invoices are not paid within 7 (seven) days after receipt of an invoice or equivalent payment request. The photographer reserves the right to bring about default by issuing a reminder sent after the due date. Until full payment of the purchase price, the delivered photographs remain the property of and in the hands of the photographer.
IV. Liability
The photographer and his agents shall only be liable for intent and gross negligence for breaches of duties not directly related to essential contractual obligations. Furthermore, they shall be liable for damages resulting from the infringement of life, body, or health, as well as from the breach of essential contractual obligations caused by culpable breaches of duty by the photographer or his agents. The photographer shall only be liable for damages to objects, templates, films, displays, layouts, negatives, or data in cases of intent and gross negligence. The photographer shall store the data carefully. He is entitled, but not obliged, to destroy data stored by him three years after the completion of the order. The photographer is liable for the lightfastness and durability of the photographs only within the scope of the manufacturer's warranty for the photographic material. The sending and return of files, images, and templates are at the expense and risk of the client.
V. Service Disruption, Cancellation Fee
The photographer undertakes to complete the order as soon as possible and to send the photographs to the client. If the client cancels the photographer's booking, a cancellation fee is due. This is calculated as follows: Cancellation from the 15th day after the contract agreement or confirmation of the appointment: 25%; cancellation 3 to 7 days before the booked date: 50%; from 2 days before: 100% of the agreed total amount, even if no deposit has been paid. Different conditions apply to wedding contracts.
VI. Data Protection
Personal data of the client necessary for business transactions may be stored. The photographer undertakes to treat information disclosed to him confidentially within the scope of the order.
VII. Image Editing
The client is familiar with the photographic and image-editing style of the photographer and is aware that his photographs will be edited in a similar style. Subsequent editing of the photographer's photographs and their reproduction and distribution, including conversion to black and white or sepia, subsequent color editing, and the creation of collages, is not permitted unless a separate agreement has been made. The client is obliged to electronically link the photographer as the author of the images on the Internet so that the photographer is clearly and unambiguously identifiable.
VIII. Delivery Times and Complaints
The photographer usually delivers his work within 14 days. Digital photographs transferred via online gallery (password protected) "Customer Gallery" have a durability of 1 month. For wedding reports, a delivery time of up to 6 weeks applies. Due to peak times, delays may occur. These operational delays, as well as delays due to force majeure, operational disruptions, delays on the part of the laboratory or its transport company, etc., do not constitute grounds for complaint. The photographer is only liable for exceeding deadlines in cases of intent and gross negligence. All work is carried out by the photographer with the greatest possible care and to the best of his ability or passed on to other companies. Complaints about obvious defects must be made in writing within 7 days. However, recognition is only possible upon presentation of the disputed work. For reorders, color differences may occur compared to the original or the initial images. A complaint is not justified by this. If digitally acquired photographs are developed/printed by the client on their own responsibility, the photographer shall not be liable for the quality of the results. Color-correct prints can be purchased through the photographer. The photographer endeavors to capture all guests present at the wedding and all relevant scenes to the best of their ability; however, this cannot be guaranteed and is not a basis for complaint.
IX. PDF Instructions (GUIDE) for Photographers - Sales are Currently Closed.
The instructions (GUIDE) are PDF files that may contain text, photos, and illustrations. It should be noted that these instructions are not educational materials but only contain information about the experiences of photographers (Alena and Nikolai Simon). PDF instructions can only be purchased in digital version. Refunds after purchase are not possible. Any complaints regarding the content and accuracy of the information are subjective and will not be accepted. Currently, it is only possible to purchase PDF instructions via a special contact form on the website (https://simonfotografie.com/big-guide) or by sending private messages on Instagram (https://www.instagram.com/simon__fotografie/). All orders are processed manually by us, and the process may take some time. After receiving the order, you will have 2 payment methods available (PayPal payment button or invoice). The PDF instruction will be transmitted only after receipt of payment to our bank account or our PayPal account (A download link will be available, or the file can be sent to your email address).
Copying and distributing on the internet as well as distribution in printed form is only possible with the written consent of the authors.
Additionally, you have the option to purchase 2 of our presets in the PDF Guide Set. Please note that presets cannot be purchased separately from the PDF Guide. After purchasing presets, refunds are not possible for the following reasons: "Did not like it, too complicated to use, my Lightroom version is old, or the preset does not load into the photo editor." All other complaints must be sent in writing by mail within 7 days of purchase. For the preset, you need at least Lightroom Classic 11.0 or higher and/or Adobe Photoshop 2021 or higher. Adobe Lightroom and Photoshop are NOT included in the package but must be already owned or purchased separately. Usage on mobile apps is only possible to a limited extent. We do not accept liability for this.
X. Severability Clause
To the extent that conditions of the above General Terms and Conditions are or become wholly or partially invalid, the remaining conditions shall remain valid. The invalid condition shall be replaced by the statutory provision.