Terms & Conditions

Zenn’s Visual Solutions GmbH
Wiegenfeldring 2a
D-85570 Markt Schwaben

Managing Directors:
Pia Studer / Zenn Maar

Register Court:
Amtsgericht München

Registration Number:
HRB 272667

VAT Identification Number:
DE349722566

ALL RECORDINGS (PHOTOS/VIDEOS/VIRTUAL TOURS) AS WELL AS ALL PROGRAMMING REQUIRED FOR USE (CUSTOM MENUS, ETC.) ARE LICENSED FOR SPECIFIC USE(S) AND NOT SOLD!

GENERAL

The following terms and conditions apply to all orders placed with the photographer. They are considered agreed upon if no immediate objection is raised against them. “Photographs” within the meaning of these terms and conditions are all products produced by the photographer, regardless of the technical form or medium in which they were created or exist (negatives, slide positives, paper prints, still videos, electronic standing images in digitized form, videos, etc.).

COPYRIGHT

1. The photographer holds the copyright to the photographs in accordance with the Copyright Act.
2. The photographs produced by the photographer are generally intended only for the client’s own use.
3. If the photographer transfers usage rights to their works, only the simple usage rights are transferred unless expressly agreed otherwise. Transfer of usage rights requires a special agreement.
4. The usage rights only transfer upon full payment of the fee to the photographer. The purchaser of an image as per § 60 of the Copyright Act has no right to reproduce or distribute the photograph unless the corresponding usage rights have been transferred. Section 60 of the Copyright Act is explicitly waived.
5. When using the photographs, the photographer may, unless otherwise agreed, demand to be credited as the author of the photograph. Failure to provide proper attribution entitles the photographer to damages.
6. The negatives remain with the photographer. Handover of the negatives to the client only occurs upon separate agreement.

REMUNERATION / RETENTION OF TITLE

1. For the production of the photographs, a fee is charged as an hourly rate, daily rate, or agreed-upon lump sum, plus applicable value-added tax; incidental expenses (travel expenses, model fees, expenses, props, laboratory and material costs, studio rentals, etc.) are to be borne by the client. The photographer provides final prices including value-added tax to consumers.
2. Due invoices must be paid within 14 days without deduction. The client is in default if they do not settle due invoices no later than 30 (in words: thirty) days after receipt of an invoice or equivalent payment request. The photographer reserves the right to cause default by issuing a reminder after the due date.
3. Until the full purchase price has been paid, the delivered photographs remain the property of the photographer.
4. If the client has not provided explicit instructions regarding the design of the photographs, complaints regarding the image concept and artistic-technical design are excluded. If the client wishes to make changes during or after the shooting production, they are responsible for the additional costs. The photographer retains the right to compensation for work already commenced.

PAYMENT / BANK DETAILS

Zenn’s Visual Solutions GmbH
Sparkasse Erding-Dorfen
Bank code: 700 519 95 / Account number: 20636544
SWIFT/BIC: BYLADEM1ERD / IBAN: DE73 7005 1995 0020 6365 44

LIABILITY

1. The photographer is liable, along with their agents, only for intent and gross negligence for breaches of duties not directly related to essential contractual obligations. Furthermore, they are liable for damages resulting from the violation of life, body, or health, as well as for the violation of essential contractual obligations caused by culpable breaches of duty by them or their agents. The photographer is liable for damages to objects of recording, templates, films, displays, layouts, negatives, or data – unless otherwise agreed – only for intent and gross negligence.
2. The photographer carefully stores the negatives. They are entitled, but not obligated, to destroy negatives stored by them three years after the completion of the order. Before destruction, they notify the client and offer them the negatives for purchase.
3. The photographer is liable for the lightfastness and permanence of the photographs only within the scope of the warranty provided by the manufacturers of the photographic materials.
4. The dispatch and return of films, pictures, and templates are at the expense and risk of the client. The client can specify how and by whom the return is made.

ANCILLARY OBLIGATIONS

1. The client warrants that he possesses the reproduction and distribution rights to all templates provided to the photographer, as well as the consent of the persons depicted in portrait photographs for publication, reproduction, and distribution. The client shall bear any claims for damages by third parties resulting from the breach of this obligation.
2. damages by third parties resulting from the breach of this obligation. The client undertakes to provide the objects for photography in a timely manner and to collect them immediately after the shoot. If the client fails to collect the objects after being requested to do so, the photographer is entitled, if necessary, to charge storage costs or to store the items at the client’s expense. Transport and storage costs shall be borne by the client.

PERFORMANCE DISTURBANCE / OUTAGE FEE

1. If the photographer provides the client with several images to choose from, the client must return the unselected images at their own cost and risk within one week of receipt – unless a longer period has been agreed upon. For lost or damaged images, the photographer may demand payment if the loss or damage is not their fault.
2. If the photographer provides images from their archive to the client, the client must return the unselected images within one month of receipt, and the selected images within one month of use. If the client is delayed in returning the images, the photographer may charge a blocking fee of 1 (in words: one) euro per day and image, unless the client proves that no damage occurred or that it is lower than the lump sum. For loss or damage preventing further use of the images, the photographer may claim compensation. The compensation is at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client proves that no damage occurred or that it is lower than the lump sum. The photographer reserves the right to claim higher damages.
3. If the time allotted for carrying out the assignment is significantly exceeded due to reasons beyond the photographer’s control, the photographer’s fee increases accordingly if a flat rate was agreed upon. If an hourly rate was agreed upon, the photographer is entitled to the agreed hourly or daily rate for the waiting time, unless the client proves that no damage occurred. In cases of intent or negligence on the part of the client, the photographer may also claim damages.
4. Delivery dates for images are only binding if expressly confirmed by the photographer. The photographer is only liable for exceeding deadlines in cases of intent and gross negligence.

DATA PROTECTION

Personal data of the client necessary for business transactions may be stored. The photographer undertakes to treat all information he becomes aware of in the course of the order confidentially.

PERSONAL DATA

When using our service, we may ask you to provide us with certain personal information that can be used to contact or identify you (“personal data”). Personal data may include, but is not limited to:

– Email address
– First name and last name
– Phone number
– Cookies and usage data

USAGE DATA

We may also collect information on how the service is accessed and used (“usage data”). This usage data may include information such as your computer’s IP address (e.g., IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, device identifiers, and other diagnostic data.

TRACKING

We use tracking technologies (Google Analytics) to track activity in our service and store certain information. Tracking technologies used may also include beacons, tags, and scripts to collect and track information and to improve and analyze our service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our service.

LINKS TO OTHER WEBSITES

Our service may contain links to other sites that are not operated by us, such as Facebook, Twitter, Instagram, Google+, etc. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

DIGITAL PHOTOGRAPHY

1. The digitization, storage, and reproduction of the photographer’s photographs on data carriers of all kinds require the prior written consent of the photographer.
2. The transfer of usage rights does not include the right to store and reproduce unless this right has been expressly transferred.

IMAGE EDITING

1. The editing, reproduction, and distribution of the photographer’s images, whether analog or digital, require the prior consent of the photographer. If a new work is created through photo composing, montage, or other electronic manipulation, it must be marked with [M]. The authors of the works used and the author of the new work are joint authors within the meaning of §8 of the Copyright Act.
2. The client is obligated to digitally store and copy the photographer’s images in a way that electronically links the photographer’s name with the image data.
3. The client must ensure that this electronic linking remains intact during any data transmission, display on screens, projection, especially in any public display, so that the photographer is clearly and unmistakably identifiable as the author of the images.
4. The client assures that they are authorized to commission the photographer for the electronic editing of third-party images when placing such an order. They indemnify the photographer from any claims by third parties arising from the breach of this obligation.

USE AND DISTRIBUTION

1. The distribution of the photographer’s images on the internet and in intranets, in online databases, in electronic archives not solely intended for the internal use of the client, on floppy disks, CD-ROMs, or similar data carriers is only permitted based on a special agreement between the photographer and the client.
2. The transfer of digitized images on the internet and intranets, and on data carriers and devices suitable for public display on screens or for producing soft and hard copies, requires the prior written consent of the photographer.
3. The reproduction and distribution of edits made by the photographer electronically require the prior written consent of the photographer.
4. The photographer is not obligated to provide data carriers, files, and data to the client unless expressly agreed upon in writing.
5. If the client wishes the photographer to provide data carriers, files, and data, this must be agreed upon separately and compensated accordingly.
6. If the photographer has provided data carriers, files, and data to the client, they may only be altered with the prior consent of the photographer.
7. The risk and costs of transporting data carriers, files, and data online and offline lie with the client; the method of transmission can be determined by the contractor.

FINAL PROVISIONS

Place of performance for all obligations arising from the contractual relationship is the domicile of the photographer, if the contracting party is not a consumer. If both parties to the contract are merchants, legal entities under public law, or a special public fund, the place of business of the photographer is agreed upon as the place of jurisdiction.