AGB | Goddess & Queen

General Terms and Conditions

Scope

These terms and conditions apply to all purchases made by private customers from Lucie Michaelis Photography [Impressum].

Private customers in this sense are individuals residing and having their delivery address in the Federal Republic of Germany, provided that the goods ordered by them cannot be attributed to their commercial or self-employed professional activity.

Conclusion of Contract

The presentation of goods and the provision of the opportunity to place an order constitute a concrete offer on my part to conclude a purchase contract.

By placing your order, you accept the offer, and the purchase contract is concluded. You will receive an order confirmation by email to the email address you provided.

Prices

The prices indicated are final prices. The amount shown at the time of the binding order applies.

Payment Payment is due upon delivery by

Apple Pay
Credit card
Giropay
PayPal

Default of Payment

In case of default of payment, Lucie Michaelis Photography is entitled to demand default interest at a rate of 5 percentage points above the base rate announced by the Deutsche Bundesbank at the time of the order. If Lucie Michaelis Photography can prove a higher default damage, Lucie Michaelis Photography is entitled to claim it.

Right of Retention The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery

The motifs selected by the photographer will be professionally processed according to the photographer's style. The customer will receive these motifs as digital files in JPG format for download. For post-production, Lucie Michaelis Photography will not require more than 4 weeks from the date of capture. If force majeure (natural disasters, war, civil war, terrorist attack, illness, accident) permanently renders the delivery or any other service impossible, Lucie Michaelis Photography is released from the obligation to perform. Any amounts already paid will be promptly refunded by Lucie Michaelis Photography. Furthermore, Lucie Michaelis Photography may refuse performance to the extent that it requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Any amounts already paid will be promptly refunded by Lucie Michaelis Photography.

The client acquires the property rights to the work results according to 1.3 Shots. He may reproduce these files for private purposes, also in printed form.
In addition, the client acquires the right to publish the shots on private websites / in his own social media profile (e.g., Facebook) online. The client is responsible for observing the rights of other persons (third parties) and indemnifies the photographer against any claims by third parties.
The delivered shots may not be altered in any way (photo filters, etc.).
Use must only be made with the following copyright notice: Photo by "Lucie_Michaelis_Photography" and "lgoddess_and_queen_boudoir".
Further usage rights require prior written permission from the photographer and are generally only granted against appropriate remuneration.

Warranty Rights

Complaints by the client about defects must be submitted in writing no later than 14 days after the transfer of the images to the photographer. After this deadline, the images are considered to have been accepted in accordance with the contract and to be free of defects.

Liability

The photographer is only liable for intent and gross negligence. For negligence, the photographer is only liable for a breach of essential contractual obligations except in cases of injury to life, body, or health. Liability is limited to the typical and foreseeable damage. Liability for indirect and unforeseeable damages, loss of use, lost profits, savings not realized, and financial losses due to claims by third parties is excluded in the case of simple and moderate negligence except in cases of injury to life, body, or health.

Upon delivery of the images to the client, the client is liable for loss, destruction, and damage. The photographer is not obliged to store the digital image files beyond this time of transfer.

The style of the photographer is known to the client regarding the creation of photographs as well as the selection and processing of images. The creation and processing of the shots as well as the selection of captured motifs, persons, and situations are part of the artistic freedom and are therefore at the photographer's discretion.

The client acquires the property rights to the work results. He may reproduce these files for private purposes, also in printed form. The client also acquires the right to publish the shots on private websites / in his own social media profile (e.g., Facebook) online. The client is responsible for observing the rights of other persons (third parties) and indemnifies the photographer against any claims by third parties. The use must only be made with the following copyright notice "Lucie_Michaelis_Photography" or "goddess_and_queen_boudoir". Further usage rights require prior written permission from the photographer and are generally only granted against appropriate remuneration.

Right of Withdrawal

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 you made the booking or received an invoice.

Applicable Law

The contract concluded between you and Lucie Michaelis Photography is subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Sales Convention. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Place of Jurisdiction

If contrary to your information provided when placing the order, you do not have a domicile in the Federal Republic of Germany or if you move your domicile abroad after conclusion of the contract or if your domicile is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Stuttgart.

Dispute Resolution

General information requirements for alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the contract, provided that one contracting party is not unreasonably disadvantaged thereby. (2) Amendments or additions to this contract require the written form.