General Terms and Conditions (GTC)
SportsImages.de
§ 1 General
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to all business relationships between the webshop operator specified in the legal notice (hereinafter referred to as the “Photographer”) and the customer. The version valid at the time the order is placed on the website shall apply.
1.2. These GTC apply to all orders, offers, deliveries and services provided by SportsImages.de.
1.3. The GTC shall be deemed accepted upon receipt of the delivery or service, or upon acceptance of an offer by SportsImages.de, at the latest upon acceptance of the image material for publication.
1.4. Any objection to these GTC must be submitted in writing within three (3) working days. Deviating terms and conditions of the customer are hereby expressly rejected unless SportsImages.de has expressly agreed to them in writing.
1.5. These GTC shall also apply to all future orders, offers, deliveries and services within an ongoing business relationship, even if they are not expressly referred to again.
§ 2 Subject Matter of the Contract
The customer commissions the Photographer to produce print products and other media based on digital photographic source material, in particular photographic prints, posters and similar products. All rights to the original work and the digital image files shall remain exclusively with the Photographer.
A contract shall only be concluded once the order placed by the customer has been accepted by the Photographer by separate email confirmation or by dispatch of the goods. The information presented on the website does not constitute a binding offer but merely an invitation to submit an offer.
The Photographer reserves the right to correct pricing errors displayed on the website. If such correction results in a price increase, the customer shall be entitled to withdraw from the submitted offer.
§ 3 Prices
All deliveries shall be made at the prices valid and displayed on the Photographer’s website at the time the order is placed.
All prices are stated in euros (EUR) and include the applicable statutory value-added tax (VAT), unless explicitly stated otherwise. If a purchase is VAT-exempt, this will be clearly indicated during the ordering process and on the invoice.
Shipping costs are shown separately. For deliveries to countries outside the European Union, additional customs duties or import charges may apply. These costs are not included in the price and shall be borne by the customer.
§ 4 Usage Rights – Photography Assignments
4.1. These GTC apply to all image material provided to the customer, irrespective of the stage of production or technical format, including digital and electronically transmitted image material.
4.2. The customer acknowledges that the image material supplied by SportsImages.de constitutes photographic works within the meaning of applicable copyright law.
4.3. Design proposals or conceptual services commissioned by the customer constitute independent services and are subject to separate remuneration.
4.4. All image material remains the property of SportsImages.de, even if compensation for damage has been paid.
4.5. The customer shall handle the image material with due care and may only pass it on to third parties for internal business purposes such as review, selection or technical processing.
4.6. Any complaints regarding content, quality or condition of the delivered image material must be reported within 48 hours of receipt. Otherwise, the image material shall be deemed to have been received in proper and contractually compliant condition.
4.7. Unless otherwise agreed, the customer shall acquire only a simple, non-exclusive right of use for a single use.
4.8. Exclusive usage rights, media-specific rights, territorial exclusivity or embargo periods must be agreed separately and are subject to a surcharge of at least 100% of the base fee.
4.9. The granted usage right applies solely to the one-time use of the image material for the purpose specified by the customer and for the publication and medium indicated or resulting from the circumstances of the order.
4.10. Any use beyond the scope defined in § 4.9 requires prior express written consent from SportsImages.de and is subject to additional remuneration. This applies in particular to secondary use, re-publication, advertising use, editing, digital storage, duplication, online publication or database use.
4.11. Any modification of the image material through photo compositing, montage or electronic processing to create a new copyrighted work requires prior written consent and must be marked accordingly. The image material may not be copied, traced or recreated as a motif.
4.12. The customer is not entitled to transfer the granted usage rights, in whole or in part, to third parties, including affiliated companies.
4.13. Any permitted use of the image material requires the correct attribution of the copyright notice specified by SportsImages.de.
4.14. The agreed fee shall apply. If no fee has been agreed, the current fee schedule of the Mittelstandsgemeinschaft Foto-Marketing (MFM) shall apply, plus VAT where applicable.
4.15. The fee covers only the agreed one-time use. Any extended use requires a separate written agreement.
4.16. Additional costs incurred in connection with the assignment (e.g. materials, travel expenses, model fees, props) are not included in the fee and shall be borne by the customer.
4.17. The full fee remains payable even if the image material is not published.
4.18. Invoices are payable within three (3) weeks of the invoice date, unless a shorter payment period is stated. Late payments shall accrue interest at 10% per annum.
4.19. The image material must be returned without request immediately after publication or use, but no later than three (3) months after delivery, together with two specimen copies.
4.20. Image material provided solely for review purposes must be returned within one (1) month unless otherwise agreed in writing.
4.21. Return shipment shall be at the customer’s expense and risk.
4.22. Any unauthorised use shall result in a contractual penalty amounting to five times the agreed usage fee, without prejudice to further claims for damages.
4.23. Missing or incorrect copyright attribution shall result in a surcharge of 100% of the usage fee.
4.24. Late return of image material shall incur daily contractual penalties as specified by industry standards.
4.25. Damaged, destroyed or lost image material shall be compensated in accordance with the standard replacement values applicable to the respective material.
4.26. Failure to provide specimen copies shall result in a contractual penalty of 50% of the usage fee.
4.27. No usage rights shall arise from the payment of contractual penalties.
§ 5 Right of Withdrawal
The right of withdrawal is excluded for distance contracts pursuant to § 312g (2) No. 1 German Civil Code (BGB), as the photographic products are individually produced according to the customer’s specifications. The right of withdrawal is also excluded for digital downloads and image or video files once delivery has commenced.
§ 6 Liability
The Photographer shall be liable for damages only in cases of intent or gross negligence, breach of essential contractual obligations, or absence of a guaranteed characteristic. Liability is otherwise excluded, except under mandatory product liability law.
§ 7 Warranty
The customer must inspect the goods immediately upon receipt. Subsequent complaints regarding defects cannot be considered. Colour deviations due to technical reasons do not constitute defects.
§ 8 Shipping
Delivery shall be made under customary commercial conditions. Partial deliveries are permitted. Delivery delays do not entitle the customer to compensation unless otherwise stated.
§ 9 Payment and Retention of Title
Payment shall be made by invoice or advance transfer. Goods remain the property of SportsImages.de until full payment has been received.
§ 10 Data Protection
Personal data shall be processed exclusively in accordance with the General Data Protection Regulation (GDPR) and the applicable data protection laws. Full details are provided in the Privacy Policy.
§ 11 Governing Law and Jurisdiction
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction shall be Leipzig, Germany, provided the customer is a merchant or has no place of residence in Germany.
§ 12 Severability Clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
January 2023
SportsImages.de