General Terms and Conditions (GTC)

Scope / General Provisions

(1) The following General Terms and Conditions (GTC) apply to all orders, offers, deliveries, and services provided by SaWe Fotografie (hereinafter: Photographer). Unless otherwise agreed, these GTC also apply to all future orders from the same client. Contracts with SaWe Fotografie are concluded solely on the basis of these GTC, unless expressly agreed otherwise. These GTC are intended to clarify and regulate specific elements of the contractual relationship, which is otherwise defined by the specific content of each individual order. Any amendments or additions must be made in writing and explicitly marked as such. The parties agree that only these GTC shall apply. Any terms and conditions of the client shall not apply. If deviating written agreements have been made, they take precedence over these GTC. The inclusion of conflicting or supplementary terms of the contractual partner is expressly rejected and only valid if agreed in writing on a case-by-case basis. The Photographer's performance does not imply acceptance of deviating terms.

(2) "Photographs," "Videography," and "Photo Design Products" within the meaning of these GTC refer to all products produced by SaWe Fotografie, regardless of their technical format or medium (e.g., prints, canvas images, digital files on CD/DVD or other storage media, slides, negatives, etc.). The client acknowledges that the delivered photographic material constitutes copyrighted photographic works under Section 2 (1) No. 5 of the German Copyright Act.

(3) The Photographer may subcontract all or part of the order (e.g., to labs). Unless the client provides written instructions, the Photographer is free to determine how the work is carried out, including artistic approach, choice of models, location, and photographic methods. Complaints regarding these decisions are excluded.

(4) All contractual agreements are made in German.

(5) Completed contracts are documented in written and electronic form and stored in accordance with data processing standards. The Photographer’s privacy policy applies.

(6) If individual provisions of this contract, including these terms, become wholly or partly invalid or incomplete, the validity of the remaining provisions remains unaffected. This does not apply if the invalid provision concerns a main obligation. In place of invalid or missing provisions, statutory rules apply. The Photographer’s failure to exercise rights does not constitute a waiver of those rights.

Offer / Contract Conclusion

(1) Offers from the Photographer are non-binding unless expressly stated otherwise. This also applies to all information in price lists, brochures, etc.

(2) Orders can be placed in writing (by letter, email, fax) or verbally (in person or by phone). The Photographer will confirm acceptance or rejection of the order in due time. Acceptance constitutes a binding contract, triggering reciprocal obligations.

(3) The client may purchase photographs and/or video works including the usage rights under Section 42 UrhG via the online shop. Additional usage rights must be agreed separately. The Photographer’s online offer is legally binding. The contract is concluded upon receipt of the order. Orders are completed by selecting products in the cart and confirming with the purchase button. After payment, the Photographer delivers the product by mail or digital download.

(4) Delivery dates and deadlines mentioned by the Photographer are approximate unless expressly confirmed in writing. No claims may be made based on non-compliance with approximate delivery periods. The Photographer is obliged to perform within 30 days of contract conclusion unless otherwise agreed.

Usage Rights, Services, and Copyright

(1) The Photographer holds exclusive copyright to all photos created during the assignment. Copyrights are non-transferable.

(2) The Photographer grants the client a simple right of use, as agreed contractually. Any alteration, editing (e.g., compositing, montage, or digital changes), or transfer of usage rights to third parties requires prior written consent. Commercial use or extended usage must be agreed separately. Usage scope and duration are binding as indicated on the invoice.

(3) Any commercial use of the photographic works by the client or third parties requires prior written consent. This applies to modified files as well. Such extended usage will be invoiced separately and defined in a specific contract.

(4) Usage rights are transferred only upon full payment of the agreed fee.

(5) If the Photographer grants permission for use, he may require credit as the author. Violation of this right may result in compensation.

(6) The client receives only edited JPG files in high resolution. Quantity is at the Photographer's discretion. The delivery of unedited RAW files is excluded. The Photographer is not obligated to archive digital image data.

(7) The Photographer is entitled to use a best-of selection for self-promotion, including in promotional materials and samples. Publication on social media will not occur for paid assignments unless agreed otherwise. The client may object in writing when receiving initial prints or digital files.

(8) If a fixed delivery date is agreed, and the Photographer defaults, the client may withdraw after granting a grace period. In case of fixed-date contracts, failure to deliver results in contract termination unless the client confirms continuation. Damage claims remain unaffected.

(9) Deviations regarding usage rights and special conditions must be agreed in writing.

Secondary Obligations

(1) The client guarantees they have the rights to all submitted materials and the consent of any depicted persons. The client bears liability for third-party claims arising from infringement.

(2) The client must provide objects for photography in a timely manner and collect them promptly. If not collected within two working days, the Photographer may charge storage fees or remove them at the client’s expense. Transport and storage costs are borne by the client.

Compensation

(1) The fee is based on agreed rates or the current price list. Prices include VAT and additional travel costs if applicable.

(2) Invoices or down payments must be paid within 7 days. Ownership remains with the Photographer until full payment.

(3) If the time required for the assignment exceeds expectations for reasons beyond the Photographer's control or at the client's request, additional fees apply. Waiting times are billable unless proven otherwise.

(4) A deposit must be paid within 7 days of booking. If not received on time, the reservation becomes void.

(5) If the order is canceled within 3 days of confirmation, 30% of the agreed fee plus travel expenses is payable as a cancellation fee.

(6) If canceled and the Photographer can rebook an equivalent job, the full deposit will be refunded. If the new booking is of lesser value, the difference is withheld. If no replacement job is found, 85% of the base fee (excluding travel and extras) is charged as compensation.

(7) Exceptions are illness or death. Proof may be requested at the Photographer’s discretion.

(8) Note for Commercial Users: Companies regularly using creative services must pay contributions to the German Artists' Social Security Fund. Details: http://www.kuenstlersozialkasse.de/wDeutsch/unternehmer/kuenstlersozialabgabe/index.php

Liability / Transfer of Risk

(1) The Photographer is only liable for damages caused intentionally or through gross negligence, except for injury to life, body, health, or essential contractual obligations.

(2) Liability for damage or loss of negatives or digital data is limited to gross negligence and is capped at the deposit or invoice amount.

(3) The Photographer is not liable for damage caused by subcontractors or suppliers.

(4) Delivery dates are binding only if confirmed in writing. Liability for delay is limited to gross negligence.

(5) The risk and cost of data transmission lies with the client or supplier. The method of transmission is at the Photographer's discretion.

(6) The Photographer is not liable for non-performance due to force majeure (illness, accident, traffic, weather, etc.).

(7) If the scheduled Photographer becomes unavailable at short notice, SaWe Fotografie may assign a qualified replacement. If the client refuses, they may cancel and receive a full refund of the deposit.

(8) Complaints must be made within 7 days of delivery. After that, the images are considered accepted.

Privacy See separate privacy policy in accordance with the GDPR.

Right of Withdrawal / Cancellation Policy

(1) You have the right to withdraw from the contract within fourteen days without stating a reason. The withdrawal period is fourteen days from the conclusion of the contract.

To exercise your right of withdrawal, contact:

SaWe Fotografie Owner: Sascha Werner Adersstr. 40 42119 Wuppertal Phone: +49 177 55 40 848 Fax: +49 202 27 25 71 56 Email: info@sawe-foto.de

A clear declaration is required (e.g., by post, fax, or email). Sending the withdrawal notice before the period expires is sufficient.

(2) Consequences of Withdrawal If you withdraw, we will refund all payments received from you, including delivery costs (excluding any extra charges for special delivery), within fourteen days. Refunds use the same payment method unless otherwise agreed. No fees will be charged for the refund.

If services started during the withdrawal period at your request, you must pay for the services provided up to the time of withdrawal, proportionate to the full contract value.

(3) Exclusion of Withdrawal Rights:

For services begun and fully completed within the withdrawal period with your consent and acknowledgment of waiver.
For goods made to customer specifications or clearly tailored to personal needs.
For goods inseparably mixed with other items after delivery.
For sealed audio/video/media or software if the seal is broken after delivery.
For digital content not supplied on physical media where delivery started before withdrawal expiry with your consent and acknowledgment of waiver.