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General Terms and Conditions

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fotografin-dresden.de/ xcirclepitx.com / Sandra Gärtner - photographer

1. The customer accepts these Terms and Conditions when placing an order. They are effective in the course of a running business connection for all our orders, offers, deliveries and services in progress. Additional unwritten agreements to existing contracts or to these Terms and Conditions must be in written form to be effective. Differing terms and conditions of the client do not become effective, unless the photographer accepts them in written form.

2. All of our taken pictures are proprietary works in the sense of the German copyright protection law. Each printout or copy of the photos taken or designs created by us require our explicitly written permission. The publishing of our pictures in magazines, newspapers, brochures or other media is only permitted with mentioning our name: Sandra Gärtner, fotografin-dresden.de or xcirclepitx.com. When the copyright notice is left out, incomplete or placed wrongly, an additional charge in the amount of 100 % of the utilisation fee has to be paid. By these payments no right of use is justified. Copyright overprints (©) on our pictures must not be removed.

3. Invoiced but not paid pictures remain in our possession and are subjected to the German copyright protection law in relation of any utilisation. Pictures we deliver to make a choice for printing remain in our possession and must neither be published nor copied.

4. Deliveries of samples which are not given back on agreed deadline are considered as accepted and will be completely invoiced.

5. Changes of our pictures by photo composing, montage or by electronic devices for creation of new copyright works are only allowed with prior written agreement of the photographer and with the identification marking M (motive). Neither the graphical material is allowed to be portrayed, reconstructed or otherwise be used as a motive.

6. The customer has the right to cancel a photo shooting. If the customer cancels the appointment, the photographer is authorised to demand a legitimate payment according to § 649 of the German Civil Code.

7. In case of the cancellation of a contract or the break of an appointment advance payments will not be recompensed. In case of the cancellation of a contract we charge a loss in the amount of the entire agreed order value.

8. In case of exceeding the given date of delivery, the customer is not entitled to claim for replacement, unless the delay is caused wantonly negligent or premeditated by us or by one of our sub-suppliers.

9. By placing an order the customer accepts our perception and composition of pictures. In case of additional change requests we charge them separately. Any sort of customer complaints have to reach us 6 days after handing over of the work. After this period orders are seen as binding.

10. The storage of negatives/digital files is not part of the order. We store the negatives/digital files without engagement. Handed over templates/objects are treated with reasonable care. They have to be insured against loss, damage, theft or fire by the customer. Our liability on the customer is limited to the replacement of wantonly negligent or intentionally indebted damages. In case of loss of our photos in the form of exposed films/negatives our duty of replacement is limited to provide new footage. Other pretensions, from wedding photos for example, are excluded.

11. We take for granted that the customer who places an order of any reproduction is justifiable. The customer assumes any liability.

12. For reproductions, enlargements and repeat orders colours may result different compared to the original/the initial orders. This is no error of the work. Through this reclamation is not legitimate.

13. The registered office of the photographer is the place of fulfilment and jurisdiction.