These general terms and conditions apply to all contracts concluded between Peter Hinterseer - Photography & Photodesign and the respective client, even if they are not mentioned in subsequent contracts. The terms and conditions are agreed if the client does not contradict them immediately after receipt or knowledge.

1. Validity of the terms and conditions

1. The production of images and the granting of image licenses are exclusively based on the following terms and conditions. These conditions also apply to all future production and license contracts, unless otherwise expressly agreed.
2. Terms and conditions of the client that deviate from the following conditions are not recognized. Such deviating terms and conditions do not become part of the contract even if Peter Hinterseer - Photography & Photodesign does not expressly contradict them.

2. Production orders

1. Cost estimates from Peter Hinterseer - Photography & Photodesign are non-binding. Peter Hinterseer - Photography & Photodesign only needs to report cost increases if the originally estimated total costs are expected to be exceeded by more than 15%.
2. The client may only provide Peter Hinterseer - Photography & Photodesign with objects and templates that he is authorized to use and that are free from third-party rights. The client has to indemnify Peter Hinterseer - Photography & Photodesign from third party claims for compensation resulting from the violation of this obligation.
3. Peter Hinterseer - Photography & Photodesign is authorized to enter into the corresponding obligations in the name of and for the account of the customer if the services of a third party have to be used in order to process the order.
4. Peter Hinterseer - Photography & Photodesign selects the images that he presents to the client for approval upon completion of the production. Rights of use are only granted to the images that the client accepts as being in accordance with the contract.
5. Complaints must be made in writing and received by Peter Hinterseer - Photography & Photodesign no later than two weeks after delivery of the images. After this period, the images are deemed to have been accepted in accordance with the contract and free of defects.

3. Production fee and ancillary costs

1. If the time allotted for the recording work is significantly exceeded for reasons for which Peter Hinterseer –Photography & Photodesign is not responsible, an agreed flat fee must be increased accordingly. If a time fee has been agreed, Peter Hinterseer - Photography & Photodesign will also receive the agreed hourly or daily rate for the time by which the recording work is extended.
2. In addition to the fee owed, the client must reimburse the additional costs that Peter Hinterseer - Photography & Photodesign incurs in connection with the execution of the order (e.g. for film material, laboratory work, photo models, travel).
3. The production fee is due upon delivery of the images. If an image production is delivered in parts, the corresponding partial fee is due upon delivery of a part. If the execution of an order extends over a longer period of time, Peter Hinterseer - Photography & Photodesign can demand advance payments according to the workload.
4. The client only acquires the rights of use to be transferred once the fee has been paid in full and all ancillary costs have been reimbursed.

4. Request for archive images

1. Pictures that the client requests from the archive of Peter Hinterseer - Photography & Photodesign will be made available for viewing and selection for a period of one month from the date of the delivery note. If no license agreement is concluded within the selection period, they must be returned to Peter Hinterseer - Photography & Photodesign upon expiry of the deadline.
2. By providing the images for viewing and selection, no rights of use are transferred. Any use requires a prior written approval from Peter Hinterseer - Photography & Photodesign.
3. The use of the images as work templates for sketches or for layout purposes, as well as the presentation to customers, is already a fee-based use. If slide frames or foils are opened, Peter Hinterseer - Photography & Photodesign - subject to a further claim for payment - is entitled to charge a layout fee, even if the images were not used.
4. For the compilation of the image selection, Peter Hinterseer - Photography & Photodesign can charge a processing fee, which is based on the type and scope of the effort incurred and amounts to at least 40.00 euros. Shipping costs (packaging, postage) including the costs for special types of shipping (taxi, air freight, express courier) are to be reimbursed by the client additionally.
5. After expiry of the selection period (4.1) and if the return period for the images used by the client is exceeded, a blocking fee of 2.25 euros per day and image in addition to the other costs and until the images are received by Peter Hinterseer - Photography & Photodesign To pay fees, unless the client is not responsible for exceeding the deadline or another written agreement was made before the deadline.

5. Usage Rights

1. The client only acquires rights of use to the images to the extent specified in the contract. Property rights are not transferred. Regardless of the scope of the rights of use granted in individual cases, Peter Hinterseer - Photography & Photodesign remains entitled to use the images in the context of his own advertising.
2. The transfer and granting of the rights of use acquired by the client to third parties, including other editorial offices of a publishing house, requires the written consent of Peter Hinterseer - Photography & Photodesign.
3. Use of the images is generally only permitted in the original version. Any change or redesign (e.g. assembly, photo-technical alienation, coloring) and any change in the image reproduction (e.g. publication in excerpts) requires the prior consent of Peter Hinterseer - Photography & Photodesign. The only exception to this is the removal of unwanted blurring or weaknesses in color by means of electronic retouching.
4. Peter Hinterseer - Photography & Photodesign must be named as the author of every image publication. The naming must be done with the picture.
5. The pictures shown on the homepage are protected by copyright! Printing, duplication or publication in any form requires the prior written consent of the author (Peter Hinterseer) and a corresponding fee agreement!

6. Digital image processing

1. The digitization of conventional images and the forwarding of digital images by means of remote data transmission or on data carriers is only permitted if the exercise of the rights of use granted requires this form of reproduction and distribution.
2. Image data may only be digitally archived for the client's own purposes and only for the duration of the right of use. The storage of the image data in online databases or other digital archives that are accessible to third parties requires a separate agreement between Peter Hinterseer - Photography & Photodesign and the client.
3. When the images are digitally captured, the name "Peter Hinterseer - Photography & Photodesign" must be electronically linked to the image data. The client must also take suitable technical precautions to ensure that this link is maintained with every data transfer, when the image data is transferred to other data carriers, when it is reproduced on a screen and during every public reproduction and that the photo designer can be identified as the author of the images at any time .

7. Third party property rights

1. Unless Peter Hinterseer - Photography & Photodesign expressly guarantees that the persons depicted or the owners of the rights to the works of visual or applied art shown have given their consent to the publication of a picture, it is incumbent on to obtain the necessary consent from third parties in individual cases or to obtain publication permits Collections, museums etc. to the client.
2. Peter Hinterseer - Photography & Photodesign assumes no liability for the type of use of his images. The client is responsible for ensuring that the type of use does not violate any personal rights, copyrights or other rights of third parties.

8. Liability and Compensation

1. Peter Hinterseer - Photography & Photodesign is only liable for damage that it or its vicarious agents cause willfully or grossly negligent. This also applies to damage resulting from a positive breach of contract or an unlawful act.
2. Peter Hinterseer - Photography & Photodesign assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against Peter Hinterseer - Photography & Photodesign, which refer to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that the operator of Peter Hinterseer - Photography & Photodesign there is no demonstrably willful or grossly negligent fault. All offers are non-binding. The operator of Peter Hinterseer - Photography & Photodesign expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.
3. The sending and return of pictures is at the risk and for the account of the client.
4. If pictures are lost in the risk area of the client or if pictures are returned in a condition that precludes further use in accordance with normal practice, the client must pay compensation. In this case, Peter Hinterseer - Photography & Photodesign is entitled to demand at least EUR 1,000.00 for damages for each original and EUR 200.00 for each duplicate, unless the client can prove that the damage did not occur at all or that it was substantial is lower than the required flat rate damage. Peter Hinterseer - Photography & Photodesign reserves the right to assert a higher claim for damages.
5. In the event of unauthorized use, modification, redesign or distribution of an image - whether in conventional or digitized form - Peter Hinterseer - Photography & Photodesign is entitled to demand a contractual penalty in the amount of five times the agreed fee or, in the absence of an agreement, five times the normal usage fee, at least however 500.00 euros per picture and individual case. The assertion of any further claim for damages remains unaffected.
6. If Peter Hinterseer - Photography & Photodesign (5.4) is not named when a picture is published or if the name "Peter Hinterseer - Photography & Photodesign" is not permanently linked to the digital picture (6.3), the client has a contractual penalty of 100 ( one hundred) percent of the agreed or, in the absence of an agreement, the usual usage fee, but at least EUR 200.00 per image and individual case. Peter Hinterseer - Photography & Photodesign reserves the right to assert further claims for damages.
7. Legal validity of this disclaimer: This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.

9. Related links

1. With the judgment of May 12, 1998, the district court of Hamburg decided that by adding a link, one may be jointly responsible for the content of the linked page.

According to the regional court, this can be prevented by expressly distancing oneself from this content. I have links to other homepages on this page

deposited on the internet. The following applies to all these links: I would like to emphasize that I have no influence on the design and content of the linked page. Therefore

Peter Hinterseer - Photography & Photodesig hereby expressly distances himself from all content on all linked pages on this website. This declaration applies to everyone

Links on this homepage and for all contents of the pages to which the links lead.

10. Value Added Tax

1. According to § 19 UStG no sales tax is included in the invoices.

11. Cancellation & rescheduling

1. If the client is unable to attend the shooting day for important reasons and cannot keep the agreed date, a one-time replacement date can be used free of charge. If the item is moved repeatedly, a cancellation and processing fee of 60 (sixty) euros will be charged per move. The postponement of the appointment must be received in writing at least 24 hours in advance. The time of receipt of the written notice of postponement or cancellation (email) by Peter Hinterseer - Photography & Photodesign is decisive. Peter Hinterseer - Photography & Photodesign is also entitled to postpone the shooting date for important reasons. The client will be informed of this by phone or email. Any further claims for damages or a reduction in price (e.g. reimbursement of travel, food and board costs) are excluded.

12. Terms of delivery and payment

1. Peter Hinterseer - Photography & Photodesign delivers the goods to the delivery address given by the customer in accordance with the agreements made. When paying with PayPal, the seller can deliver the goods to the customer address stored with PayPal. The customer ensures that the address given is correct and that deliveries are possible there. If delivery is not possible because the customer does not meet this obligation, any additional costs incurred as a result must be borne by him and any delays that may arise in this regard must be accepted.
2. The customer can choose from the payment options shown in the order process.
3. In the case of advance payment, the purchase price is due for payment upon conclusion of the contract.
4. When purchasing on account, the payment period only begins when the goods have arrived at the customer's premises.
5. With the payment option "PayPal" Peter Hinterseer - Photography & Photodesign assigns the purchase price claim to PayPal. The payment option is subject to the condition that the customer passes the credit check carried out by PayPal (for more information, see Section IX). If the credit check is negative, the customer will be referred to other available payment methods. After a successful credit check, the customer will receive information about the bank account to which the invoice amount is to be paid together with the delivery. Payments can only be made to PayPal, discharging the debt. The customer does not need a PayPal account to purchase on account. The purchase price claim is due for payment 14 (fourteen) days after receipt of the goods. Further information is available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
6. The delivery time specified for the product begins with the undisputed order. If the ordered goods are not available, we reserve the right not to deliver. In this case, we will inform you immediately and refund any consideration already received. Delivery delays caused by legal or official orders (e.g. import and export restrictions) and for which we are not responsible, extend the delivery period according to the duration of such obstacles. We will notify the buyer of the beginning and end of these immediately.
7. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred when the goods are handed over to them or to a person authorized to receive them; in the case of mail order purchases, when the goods are delivered to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the goods - also in the case of mail order purchases - is transferred to the customer when the goods are handed over. The handover is the same if the customer is in default of acceptance.

13. Data protection, GDPR

• If there is the possibility of entering personal or business data (email addresses, names, addresses) on the website, the input of these data takes place voluntarily. The use and payment of all offered services is permitted - as far as technically possible and reasonable - without specification of such data or under specification of anonymized data or a pseudonym. The use of the contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers and email addresses by third parties to send information that has not been expressly requested is not permitted. We expressly reserve the right to take legal steps against the senders of so-called spam mails in violation of this prohibition.

14. Legal validity, statute and place of jurisdiction

1. The invalidity or ineffectiveness of individual provisions of these terms and conditions does not affect the validity of the remaining provisions.
2. The law of the Federal Republic of Germany.
3. In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his registered office or habitual residence abroad after conclusion of the contract, the registered office of Peter Hinterseer - Photography & Photodesign is agreed as the place of jurisdiction.

Status: February 2021