Arndt Laude Photography
New: The European Commission has recently made available a platform for online dispute resolution (OS).
Link to the EU Commission's platform for out-of-court online dispute resolution:
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General data protection declaration
By using our website, you consent to the collection, processing and use of data as described below. Our website can generally be visited without registration. In the process, data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.
Our website uses social media functions from Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you call up our pages with Google plug-ins, a connection is established between your browser and Google's servers. In the process, data is already transferred to Google. If you have a Google account, this data can be linked to it. If you do not wish this data to be associated with your Google account, please log out of Google before visiting our site. Interactions, in particular the use of a comment function or the clicking of a "+1" or "Share" button are also passed on to Google. You can find out more at http://www.google.de/intl/de/policies/privacy.
Our website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a "Like" or "Share" button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.
Our website uses functions of Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you call up our pages with Twitter plug-ins, a connection is established between your browser and Twitter's servers. In the process, data is already transferred to Twitter. If you have a Twitter account, this data can be linked to it. If you do not wish this data to be associated with your Twitter account, please log out of Twitter before visiting our site. Interactions, in particular the clicking of a "Re-Tweet" button, are also passed on to Twitter. You can find out more at https://twitter.com/privacy.
Source: Sample data protection declaration from anwalt.de
A.2. cancellation policy for consumers
Important note: The statutory right of revocation of the German Civil Code (BGB) described below only applies to transactions between end consumers and traders. The right of withdrawal according to the BGB does not apply to transactions between traders. If you order goods from us as a commercial customer and a contract of sale is concluded, it is not possible to make use of the right of withdrawal according to the BGB.
Right of withdrawal for consumers:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
Excluded from this right is the purchase of digital image files that have reached you by download or other electronic means.
In order to exercise your right of withdrawal, you must send us
Arndt Laude Photography
19230 Hagenow, Germany
Phone: +49 (0)3883 6257503
by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form (see below), which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:
If you revoke this contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of revocation of this contract.
Attention: Since 13.6.2014, the following applies with regard to the return costs: The direct costs for the return of goods in the event of a revocation must be borne by the consumer or customer. In the event of a revocation, we will therefore only bear the costs for the return shipment, i.e. the delivery.
For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees because of this repayment. We may refuse to make a repayment until we have received the goods back in full or until you have provided proof that you have returned the goods in full, whichever is the earlier.
You must return the item(s) to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract.
Arndt Laude Photography
19230 Hagenow, Germany
Phone: +49 (0)3883 6257503
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the use of these goods which is not necessary beyond the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
You can use the sample form for your revocation, which can be reached via the following link, but you do not have to. If you wish to use this form, please click on the following link. The form will open in your browser. Save the form to a location of your choice on your computer by clicking on 'Save page as' in the 'File' menu at the top left.
Sample cancellation form
After downloading, you must open the form in a suitable text program, complete the required information and then either print it out and send it to us by post (for address see above or in the imprint) or send it to us as an attachment to an e-mail.
Alternatively, you can copy the following lines below, paste them into an e-mail and insert your own details in the places marked with an asterisk.
Arndt Laude Photography
19230 Hagenow, Germany
Tel.: +49 (0)3883 6257503
-I/We(*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/Received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
1. the terms 'image material' and 'image file' used in these general terms and conditions refer to both electronically storable and analogue printed images and photos. Accordingly, all agreements and regulations mentioned herein expressly apply to all digital and analogue products offered.
(2) The company Arndt Laude Fotografie (hereinafter referred to as ALF) operates an image database for the distribution of image files as part of this website, which can be used by private and commercial users for the acquisition of image files.
All deliveries and offers as well as computer-aided transmissions and the granting of rights of use shall not be made exclusively but exclusively subject to the following terms and conditions. Any terms and conditions deviating from these can only be agreed in writing. 4.
Any deviating terms and conditions of business of commercial customers shall only apply if confirmed in writing by ALF. Any terms and conditions of business of the commercial customer which may appear in delivery confirmations, order forms, etc. are hereby expressly rejected.
Special agreements made orally or by telephone must always be confirmed in writing. 6.
(6) In the ALF image database, a distinction is made between reproducible image files and low-resolution image files for demonstration or presentation purposes. All files are protected by copyright. By ordering a reproducible image file, ALF shall be entitled to payment of the fee in accordance with Section B of these General Terms and Conditions. If the data transfer is interrupted during the transfer process, the claim for payment against the customer shall remain in force irrespective of the reasons for the interruption. However, the customer has the right to repeat the data transfer of the same file free of charge until the data transfer has been completed without errors.
Image files which are kept in ALF's database for demonstration purposes may only be transferred to the customer's computer for the purpose of demonstrating the customer's own layout. 7.
7. all image files supplied or transmitted by computer shall always remain the property of ALF or the originator. The image files shall be made available, irrespective of their image properties such as resolution etc., exclusively within the framework of the acquisition of rights of use within the meaning of copyright law for one-time use and for the one-time production of image applications and for the resulting period of use. With the purchase of a right of use, the purchaser does not acquire any rights to the work, nor any ownership claim or other copyright or other intellectual property rights of the author.
The image files may be transferred to appropriate service providers or subcontractors as part of the print production process if this is absolutely necessary for the production process. These service providers and/or any subcontractors or other third parties may not use or reproduce the transmitted image files for other purposes and shall not be granted any further rights to use the image files.
The image files must be deleted from all data carriers without being requested to do so immediately after the creation of the print documents and/or after the implementation of the use and/or application, or any further material created from them must be completely destroyed. Printed images may not be reproduced and/or copied except with prior written permission. The image files stored in the image database for the purpose of presentation and demonstration (irrespective of their reproducibility) shall be used exclusively for demonstration and layout purposes without further written consent from ALF and shall also be deleted or destroyed without being requested to do so after use. This shall also apply in particular to image files which have been newly created on the basis of the files supplied by ALF by means of photo composing, computer-assisted image processing and the like, as well as all other image files and materials created from these files.
8. any transfer of rights of use, even in part, by the buyer to third parties shall require the express prior written consent of ALF.
(9) Payment of damages or other costs and/or fees charged to the purchaser by ALF as a result of a breach of the aforementioned terms and conditions shall not give the purchaser any ownership or rights of use to the image files transferred or made available in any other way.
The image database is the property of ALF and is protected by copyright. Any archiving of the data contained therein not authorised in writing by ALF, whether for private or commercial purposes, is expressly prohibited. In the event of infringement, ALF shall be entitled to assert a claim for deletion in respect of all transferred and archived files as well as a claim for destruction of all further material created from these files. In this case ALF shall also be entitled to assert a claim for damages. This shall take place irrespective of any further claims for damages by third parties.
1. the fee for downloading or otherwise supplying reproducible image files is stated in the image description and applies to one-time use, as described under General, item 6. The fee shall become due after the respective image file has been validly ordered and must be paid by the customer in the form of an advance payment. 2.
Any use of the photographic material supplied to the customer shall be subject to a fee. This shall apply in particular to any use of an image file as a template for reproduced photos and images, for layout purposes and presentations, for drawings and caricatures, as well as in the case of the use of entire photos and/or individual image details which become part of or the main content of a new pictorial work using montage techniques, electronic image processing or similar methods. Excluded from this are image files held exclusively for presentation purposes and marked accordingly, which are made available to the customer free of charge for the purpose of demonstrating layouts. 3.
The fee for an image file to be transferred electronically or for a printed image file shall be stated in each case in the item description and shall be invoiced via the shopping basket.
4. all fees quoted in price lists, offers and other documents are always net. The seller is a small entrepreneur in the sense of §19 I UStG (German VAT Act) and therefore does not charge VAT. In the event of a change in this situation, this will be indicated separately at this point and in the imprint as well as in the shopping basket. 5.
The fees stated in the shopping basket, in the article description and in the price list and agreed with the customer shall apply exclusively for the one-time use and for the purpose stated by the customer, within the agreed scope and in the agreed language and only for the first edition. Any further use of any kind (e.g. brochures, flyers, licensing, etc.) shall be subject to a further fee and shall require the prior written consent of ALF. 6.
6. in the event of unlawful use, e.g. incorrect or incomplete information on the type of use and/or unauthorised dissemination of the image files stored in the ALF image database, a minimum fee in accordance with the fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM) shall be due as lump-sum compensation, which shall correspond to five times the usage fee of the respective image file, subject to further claims for damages.
7. further rights of use, e.g. the purchase of a work or exclusive rights as well as blocking periods may be requested in writing. In this case, the fee rates shall depend on the purpose of use, circulation, presentation, etc.. For this purpose, the customer must provide complete and truthful information before the respective image file is made available. The amount of the fee shall then be determined by ALF. However, there shall be no claim to the acquisition and transfer of further rights to the purchaser. 8.
Unless otherwise agreed, fees shall be paid in advance by bank transfer to the account stated in the invoice. The picture ID (name of the picture file) and, in the case of commercial customers, the purpose of use must be stated.
D. Rights of use
1. all image files are to be regarded and treated as originals. In principle, only a right of use to the pictorial and artistic copyright shall be granted. This applies in particular to image files which are subject to further copyright protection in accordance with their image content (in particular works of the performing and visual arts). The purchaser or user of the image files shall be responsible for the redemption of further copyrights and the obtaining of permissions from museums, collections, etc. for the purpose of publication.
2. The rights contractually granted with the purchase or licensing shall only apply for the one-time use and to the extent agreed in each case. Repetitions or other extensions of the original right of use shall only be permitted with the prior written consent of ALF. The resulting fee shall be determined again by ALF (see also item B. Fees in these GTCs). 3.
3. alteration and/or falsification and/or distortion of the copyrighted work using any manual or technical method, e.g. by re-photographing, tracing, electronic image processing, photocomposing or other electronic aids is prohibited. Exceptions require a separate express written agreement. In the event of violations of this provision, a minimum fee in accordance with the fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM) shall be due as lump-sum compensation, subject to further claims for damages, which shall correspond to five times the otherwise customary usage fee or five times any separately agreed fee for the respective image file. Publication of any new images created in the process is not permitted. These altered, falsified and/or distorted image files must also be destroyed or completely deleted from all data carriers. Any falsification or use of words or images in a manner inconsistent with the tendency of the image, as well as any use which could lead to the disparagement of the persons depicted, shall be inadmissible and shall render the customer and/or user liable to pay damages. The customer shall indemnify ALF and the author against any claims for damages by third parties. 4.
4. storage by the customer for archiving purposes or reproduction of photographic material purchased from ALF as well as any disclosure to third parties shall not be permitted. Exceptions are possible, but require the prior written consent of ALF. Violations of this shall entitle ALF to demand the deletion or surrender of the image files concerned and/or compensation for damages. Any further claims for damages on the part of the copyright holder shall remain unaffected. 5.
Insofar as persons depicted have given their consent to the utilisation of the image files including the utilisation for commercial purposes, the photographs and image files shall be marked separately by ALF accordingly. Image files which are not marked accordingly may only be used or passed on by the customer if the customer/user checks on his own responsibility whether the right to his own image is impaired by the intended publication and/or distribution. ALF excludes any liability for uses which lead to an infringement of the right to one's own image despite the legal review to be carried out by the customer/user. Any use which violates a legitimate interest of the person depicted shall also be excluded, even if the person depicted has given his/her consent.
E. Supplementary provisions for the supply of analogue photographic material
1. the photographic material shall be checked for completeness and freedom from defects upon receipt of the delivery. Obvious defects and obvious incompleteness must be notified to ALF by telephone or in writing within 2 weeks of receipt of the consignment or within 2 weeks of data retrieval or transmission. To meet the deadline, it shall be sufficient to send the notification within the deadline. In the event that notification is not made within the time limit, the buyer shall be excluded from asserting warranty claims due to obvious incompleteness or obvious defects.
The buyer shall check and determine whether the consignment is complete and free of obvious defects before any further use of printed images or the image files, in particular before printing the image files. The buyer may not claim compensation from ALF for consequential costs or damages incurred by the buyer due to or as a result of the use of obviously defective or obviously incomplete image material, e.g. printing costs.
In all other respects, ALF shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of its vicarious agents. The same shall apply in the event of negligently caused damage resulting from injury to life, limb or health. In the event of damage to property and financial loss caused by negligence, ALF and its vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; (essential contractual obligations are those whose performance characterises the contract and on which the buyer may rely).
(2) Except as expressly set forth in this Agreement, neither party makes any express or implied warranties or representations of fitness for a particular purpose.
(3) ALF does not warrant that the services or data provided are free from viruses, Trojan horses, worms or other code with malicious, destructive or harmful functions.
4. the customer or purchaser accepts that he/she may be liable for any taxes and duties in connection with use and distribution and for any value added, sales and similar taxes imposed by governmental regulations in connection with the ALF website.
F. Terms of payment, place of jurisdiction and severability clause
1) Invoices are payable in advance upon receipt.
2. the place of jurisdiction and performance for both parties, insofar as legally permissible, shall be exclusively Hamburg.
3. in the case of deliveries, including deliveries abroad, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
(5) The provisions of the German Civil Code (BGB) shall apply in principle.
G. Data protection