The following Standard Terms and Conditions of Delivery and Business (hereinafter referred to as the Standard Terms and Conditions) shall apply to all of orders, offers, deliveries and services executed by the photographer.

They shall be deemed to be binding on both parties upon acceptance of the photographer’s delivery, service or offer by the customer, however no later than upon the photographic material being accepted for publication.

If the customer does not accept these Standard Terms and Conditions, it shall lodge written notification to this effect within three work days. Any alternative Standard Terms and Conditions on the part of the customer are hereby rejected. Alternative Standard Terms and Conditions on the part of the customer shall be deemed to be void unless the photographer agrees in writing to be bound by them.

In the absence of any express reference to the contrary, these Standard Terms and Conditions shall also apply to all of the photographer’s future orders, offers, deliveries and services under the ongoing business relationship notwithstanding the absence of any express reference to them.

Any cost estimates provided by the photographer shall be given without engagement. If any increase in costs occurs during production, the photographer shall only report such increase when it becomes evident that the original estimate of the total costs is likely to be exceeded by more than 15 %. If the planned production period is exceeded for reasons beyond the photographer’s control, additional remuneration shall be paid on the basis of the agreed time-based fee or in the form of a reasonable increase in the flat-rate fee agreed upon.

The photographer may commission third party services which are required for the execution of the production on behalf and for the account of the customer and with the customer’s authorization.

Subject to any other provisions, the photographer shall be responsible for selecting the photographs to be presented to the customer for approval at the conclusion of production.

Photographs shall be deemed to have been duly accepted in accordance with the terms of the contract and be free of any faults unless notification to the contrary is served upon the photographer within two weeks of submission of the photographs.

These Standard Terms and Conditions shall apply to all photographic material submitted to the customer regardless of its degree of completion or technical form. They shall expressly also apply to photographic material transmitted electronically or digitally.

The customer acknowledges that the photographic material provided by the photographer constitutes copyright material as defined in Section 2 (1) No. 5 of the German Copyright Act.

Any suggestions submitted by the customer concerning modifications or adjustments shall be deemed to constitute individual services which shall be subject to separate remuneration.

The photographic material provided shall remain the photographer’s property notwithstanding the fact that consideration may have been received for it.

The customer shall treat the photographic material carefully and may only make it available to third parties for internal business purposes, i.e. for viewing, selection purposes and technical editing.

Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described.

The customer shall fundamentally only receive simple rights for one-time utilization. Subject to any other agreements, the right of publication on the Internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item.

Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to separate agreement as well as a surcharge of at least 100% on top of the basic fee in question.

Upon the photographic material being delivered, only the utilization rights shall be granted for one-time use of the photographic material for the purpose specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the recipient address shall be decisive.

Any use, exploitation, dissemination, copying or publication going beyond the scope provided for in Section 3 above shall be subject to separate remuneration and require the photographer’s prior written approval. This shall particularly apply to – secondary exploitation or publication including but not limited to anthologies, product-related brochures, advertising or, in the case of any other types of reprinting, any editing of or modifications or changes to the photographic material, – digitalization, storage or duplication of the photographic material on data media of any type (e.g. magnetic, optic, magneto-optic or electronic media such as CD-ROM, DVD, hard disks, RAM, microfilms etc.) other than for the technical editing and management of the photographic material pursuant to III 5. herein, – any reproduction or utilization of the photographic data on digital data media, inclusion or display of the photographic data on the Internet or in on-line databases or other electronic archives (including the customer’s internal electronic archives), – the transmission of digitalized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hardcopies.

Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the photographer’s prior written approval and shall be designated as such by [M]. In addition, the photographic material may not be copied in drawing form, recreated photographically or used in any other manner as a motive.

The customer may not transfer the rights of utilization or any part thereof granted to it to any third parties unless these are members of its group or subsidiaries. All use, reproduction and transfer of the photographic material shall be subject to the condition that the copyright information stipulated by the photographer be included in such a way that it can be clearly allocated to the picture in question.

The grant of the rights of utilization shall be subject to the condition precedent of full settlement of all of the photographer’s claims for payment under the applicable contractual relationship.

The photographer shall not be held liable for the breach of any rights held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e.g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.

The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.

The agreed fee shall apply. If no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax at the applicable rate.

The fee shall be deemed to constitute good consideration for the one-time utilization of the photographic material for the agreed purpose in accordance with Section IV herein.

The fee shall not include any costs and expenses arising in connection with the order (e.g. cost of materials, laboratory, models, props, travel, other necessary expenses), which shall be borne by the customer.

The fee shall be payable upon delivery of the photographs. If the results of the production are supplied in parts, the corresponding part payment shall fall due upon receipt of the corresponding delivery. In the case of commission productions, the photographer may request advance payments matching the percentage of completion of the production.

The fee provided for in Section VI. 1 herein shall be payable in full notwithstanding the fact that the photographic material ordered and supplied is not published. If the photographic material is to be used as a basis for layout and presentation purposes, a fee of at least EURO 75.00 shall be payable in the absence of any other agreement to the contrary.

Only counter-receivables which are not disputed or have been upheld in a court of law may be netted or shall be subject to a right of retention. Moreover, counter-receivables which are disputed but on which a decision is soon to be made may also be netted.

Analog photographic material shall be returned in the form in which it was supplied immediately after it has been published or utilized for the agreed purpose provided that this is no later than three months after the date of delivery; two sample copies of the publication in which the photographic material appears shall be enclosed. An extension to this three-month period shall require the photographer’s written approval.

Digital data shall be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued existence and/or possibility of renewed delivery of the data.

If at the customer’s request or with its approval the photographer supplies photographic material solely for the purpose of determining whether it is suitable for use or publication, the customer shall return analog photographic material no later than one month of receipt in the absence of any other period stated on the consignment note. Digital data shall be deleted and/or the data media destroyed or returned. This period may only be extended with the photographer’s written consent.

The customer shall return the photographic material at its own cost in standard packaging. The customer shall bear the risk of loss or damage during transportation until the photographic material reaches the photographer.

n the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (i.e. without the photographer’s consent), the customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other remedies available to the photographer.

If the copyright notice is missing, incomplete, in the wrong position or not possible of being clearly allocated to the picture in question, a surcharge of 100% of the agreed or customary fee shall be payable.

The contractual relationship anticipated by these Standard Terms and Conditions shall be subject to German law including in the case of deliveries to foreign destinations.

Any additions or modifications to these Standard Terms and Conditions shall be in writing only.

If any of the provisions contained herein are void, this shall not prejudice the validity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.

The place of fulfillment and the legal venue shall be the photographer’s domicile in cases in which the customer is a full merchant as defined by German commercial law.

Alexandra Kapherr Fotografie
Breitlacherstraße 107
60489 Frankfurt am Main

Finanzamt Frankfurt a.M
St.Nr. 01483366058

Contact:

+49 (0)162 2908485

The following notes give a simple overview of what happens to your personal information when you visit our website. Personal data is all data that personally identifies you. Detailed information on the subject of data protection can be found in our privacy policy listed under this text.

The data processing on this website is carried out by the website operator. Its contact details can be found in the disclaimer of this website.

Your data will be collected on the one hand, that you tell us. This may be e.g. to trade data that you enter in a contact form. Other data is collected automatically when visiting the website through our IT systems. These are above all technical data (for example Internet browser, operating system or time of the page request). The collection of this data is automatic as soon as you enter our website.

Part of the data is collected to ensure a flawless provision of the website. Other data can be used to analyze your user behavior.

At any time you have the right to obtain free information about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction, blocking or deletion of this data. For this purpose and for further questions about data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have a right of appeal to the competent supervisory authority.

Analysis tools and third-party tools

When you visit our website, your surfing behavior can be statistically evaluated. This happens mainly with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior can not be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy. You can object to this analysis. We will inform you about the possibilities of objection in this privacy policy.

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. If you use this website, various personal data will be collected. Personal information is information that personally identifies you. This data protection statement explains what data we collect and what we use it for. It also explains how and for what purpose this happens. We point out that data transmission over the Internet (eg in the case of communication by e-mail) can have security gaps. A complete protection of the data from access by third parties is not possible.

The responsible data processing unit on this website is

Alexandra Kapherr
Breitlacherstraße 107
60489 Frankfurt am Main

Phone: +49 (0) 162 2908485

Responsible entity is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data (such as names, e-mail addresses, etc.).

Many data processing operations are only possible with your explicit consent. You can revoke an existing consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

In the case of violations of data protection law, the person concerned has the right of appeal to the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based. A list of the data protection officers as well as their contact data can be taken from the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

You have the right to have data that we process on the basis of your consent or in fulfillment of a contract, transfered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another person in charge, this will only be done to the extent technically feasible.

This site uses, for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as a site operator, an SSL or. TLS encryption. You can recognize an encrypted connection by changing the address line of the browser from “http: //” to “https: //” and the lock symbol in your browser line.

If SSL or TLS encryption is enabled, the data you submit to us can not be read by third parties.

You have the right to free information on your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to rectification, blocking or deletion of this data. For further information on personal data you can contact us at any time at the address given in the disclaimer.

The use of contact data published in the context of the disclaimer obligation to send unsolicited advertising and information materials is hereby rejected. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example through spam e-mails.

The internet pages partly use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and stored by your browser. Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser the next time you visit. You can set up your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and enable the deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website. Cookies required to carry out the electronic communication process or to provide certain functions desired by you (eg shopping cart function) are stored on the basis of Article 6 (1) (f) of the GDPR. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. if other cookies are stored (for example, to analyze your browsing behavior), they will be treated separately in this privacy policy

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are: Browser type and browser versionused operating systemReferrer URLHost name of the accessing computerTime of the server requestIP address A combination of these data with other data sources is not made. The basis for the data processing is Art. 6 para. 1 lit. f DSGVO, which allows the processing of data for the performance of a contract or pre-contractual measures.

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored in order to process the request and in case of follow-up questions. We will not share this information without your consent. The processing of the data entered into the contact form is therefore exclusively based on your consent (Art. 6 (1) lit. DSGVO). You can revoke this consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation. The information you provide in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or delete the purpose for data storage (for example, after your request has been processed). Mandatory statutory provisions – especially retention periods – remain unaffected.

This site uses so-called web fonts, provided by Google, for the uniform representation of fonts. When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. To do this, the browser you use must connect to Google’s servers. As a result, Google learns that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a consistent and attractive presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. If your browser does not support web fonts, a default font will be used by your computer. More information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s Privacy Policy: https://www.google.com/policies/privacy/.

This site uses the mapping service Google Maps via an API. Provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. For using the features of Google Maps, it is necessary to save your IP address. This information is usually transmitted to and stored on a Google server in the United States. The provider of this site has no influence on this data transfer. The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. For more information on how to handle user data, please refer to the Google Privacy Policy: https://www.google.com/intl/en/policies/privacy/.