§ 1 Scope
(1) For business relationships between presentyourself.net (hereinafter referred to as “provider”) and the provider’s customers, the following general terms and conditions apply exclusively in the version listed on the provider’s website at the time of the order. These can be saved by the customer on their computer for the purpose of online ordering or kept in paper form (printed).
(2) These General Terms and Conditions apply to all orders placed with the provider. They also apply to other similar contracts without further notice.
(3) Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity.
§ 2 Conclusion of contract
(1) By clicking the “ORDER” order button, the customer makes a binding offer to conclude the contract.
(2) The provider will immediately confirm receipt of the customer's order by email to the email address provided.
§ 3 Commissioned productions
(1) In the case of commissioned productions, the provider creates recordings for the client. Contracts for commissioned productions are concluded through the provider's offer and acceptance by the customer.
(2) The provider selects the agreed number of the images created, carries out general image optimization at his own discretion and leaves them to the customer via data transfer or on a data carrier. Delivery dates are only binding if they have been expressly agreed.
(3) Further additional services from the provider such as image editing, storage, image gallery or additional video recordings are agreed individually.
(4) By booking (accepting) the online offer at the fixed price stated on the provider's homepage, complaints regarding the image design and the artistic and technical design are excluded.
(5) Upon payment of the agreed remuneration, the provider grants the customer the exclusive and unrestricted rights of use and exploitation of the recordings, including the right to edit them for private purposes, unless otherwise agreed.
(6) The provider has the right to use it himself and to mention his name, provided these have not been excluded.
§ 4 Licensing of stock photos and stock videos
(1) When licensing stock photos and stock videos, the provider grants the licensee rights to use the licensed photos and videos for private purposes unless otherwise agreed.
(2) The scope of the usage rights results from the agreement. Unless otherwise agreed, the licensee receives a non-exclusive and non-transferable right of use.
(3) Unless otherwise agreed, the provider can request to be named as the author of the licensed photos and videos.
§ 5 Prices and dates
(1) The agreed remuneration applies to commissioned productions and the licensing of stock photos.
(2) The services are provided at the prices in euros valid on the day the order is placed by the customer and stated on the provider's website.
If the booked period is exceeded for commissioned productions, the provider's remuneration increases by €50 per hour or part thereof.
(3) If the provider has been booked for a specific date or period and this is canceled by the customer with 72 hours or less notice, the provider retains the right to the agreed remuneration.
(4) Appointments can generally only be postponed with more than 72 hours' notice and only after personal agreement and availability. If the customer is also unable to attend the alternative date offered, the order is considered completed. However, in this case, the customer reserves the right to a refund of 50% of the price already paid.
(5) If the weather is bad on the booked date and aerial photographs are not possible at the agreed locations, the photographs will be taken at comparable alternative locations at no extra cost.
§ 6 Payment
(1) In the case of online payment, the customer expressly authorizes the provider to collect the amount due as part of the order. If the collection of the payment fails for reasons for which the customer is responsible, the customer must reimburse the resulting chargeback costs and any applicable bank processing fees.
(2) For logistical reasons, the provider reserves the right to send the invoice receipt in electronic form. In this case, the invoice will be sent by email and is free of charge.
§ 7 Liability, copyrights, criminal law
(1) The customer assures that people have given their consent when taking pictures or videos. The customer alone bears the consequences of any violation of these rights. He is obliged to indemnify the provider against third parties from all legitimate claims that are asserted due to the violation of their rights due to the processing, reproduction and use of the image and video files in accordance with the order placed.
(2) Any liability of the provider for personal injury or property damage to the customer during the execution of the order is expressly excluded.
(3) The use of the created videos and photos (hereinafter referred to as products) as such may only be used by the customer for private purposes indefinitely and worldwide.
(4) Commercial use: In particular, commercial resale as well as any reproduction, distribution, making publicly available, modification and processing of the products is prohibited.
(5) Disclaimer: Without exception, their operators are responsible for the content of linked pages. The provider assumes no liability or guarantee for the content of linked websites.
§ 8 Data protection
(1) The customer's personal data required to fulfill the contract will be stored by the provider.
(2) The provider undertakes to treat all information that becomes known to him as part of the order confidentially and not to use recordings - except for his own use - without the consent of the customer.
(3) The complete version of the data protection declaration can be found on the provider's website under the heading “Data protection declaration”
§ 9 Final provisions
(1) Unless otherwise stated in these General Terms and Conditions, changes, additions and additional agreements must be made in writing to be effective. The written form requirement also applies to the waiver of this form requirement.
(2) If one of the preceding provisions is invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to economic success will be made by mutual agreement.
(3) Place of jurisdiction is based on the statutory provisions.