§ 1 Validity / General
(1) The contractor within the meaning of these General Terms and Conditions (in short: General Terms and Conditions) is Lukas Mische Medien- & Werbeproduktion. The client within the meaning of these General Terms and Conditions is the person who accepts an offer from Lukas Mische Medien- & Werbeproduktion or Lukas Mische or commissions them. The contractor and the client are considered together as contracting parties.

(2) Subservice providers within the meaning of these General Terms and Conditions are all commercially active persons and freelancers commissioned by the contractor who contribute to the fulfillment of the content of the order.

(3) The client allows the contractor to engage and use subservice providers to fulfill the defined order.

(4) The following General Terms and Conditions apply to all orders, offers, deliveries and services carried out. Unless otherwise agreed, the General Terms and Conditions also apply to all future orders from the same client. The General Terms and Conditions serve to regulate and clarify some contents of the contractual relationship, which is otherwise determined by the content of the individual order or from the order confirmation. Changes or additions to these General Terms and Conditions must be made in writing and must be expressly marked as such. The contracting parties agree that these General Terms and Conditions of the Contractor apply exclusively. Any terms and conditions of the client do not apply. If the contracting parties have made different agreements that have been recorded in writing, these take precedence over these General Terms and Conditions.

(5) “Photos” / “videos” within the meaning of these General Terms and Conditions are all products manufactured by the contractor and its sub-service providers, regardless of the technical form or medium in which they were created or are available (photo books, paper images, images/videos on canvas, audiovisual Recordings in digitalized form or other storage media, etc.). The client acknowledges that the images/video material supplied by the contractor are copyrighted photographic works within the meaning of Section 2 Paragraph 1 Number 5 of the Copyright Act.

(6) Unless the client gave express instructions regarding the design of the photos/videos, the contractor and its sub-service providers are free to design the image and the artistic and technical design. Complaints in this regard are excluded.

(7) The Contractor and its sub-service providers will be the only photo/video service providers specialized in the content of the order engaged on the project and will have priority with regard to the positioning of cameras and equipment over all other private individuals, photographers and videographers who may be engaged in connection with the project.

(8) If the client forgoes partial services, the contractor and its subservice providers are still entitled to invoice the total price, as they guarantee the overall service to the client from the time the order confirmation is sent.

(9) The latest and signed order confirmation replaces any previous agreements between the two parties regarding the order relationship.

§ 2 Usage and copyright
(1) The contractor and his sub-service providers have exclusive copyright to all photos/videos created as part of the respective order. Copyrights are not transferable.

(2) The following applies to private individuals: If the client has paid in full and on time, the client receives the right to use the photos/videos listed in the order confirmation without any restrictions in terms of time and space. The contractor and the sub-service providers as creators and authors of the work have the right to identify the authorship in the videos or photos (§13 UrhG). Edits and redesigns of the videos or photos may only be carried out with the consent of the author.

(3) The following applies to companies: If the client pays in full and on time, the client receives the unlimited right to use the finished photos/videos listed in the order confirmation. The right of use is limited to 1 year from the delivery date. The contractor and the sub-service providers as creators and authors of the work have the right to identify the authorship in the videos or photos
(§13 Copyright Act). Editing and redesigning of the finished videos or photos may only be carried out with the consent of the author.

(4) Changes to the finished videos and photos may not be made without the consent of the author, in particular to the title and the author's designation (§39 UrhG & § 10 Para. 1 UrhG). Editing the finished videos and photos is not permitted. The client does not agree to the possible creation of a new work from the finished videos and photos created in this order.

(5) The client only receives edited photos/videos in high resolution in the format “JPG” or “PNG” for photos and in the format “mov” or “mp4” for videos. The quantity is defined in the order confirmation. Storage is provided without guarantee.

(6) If the client sends the finished video or video material to third parties for commercial use, the author's permission must be obtained if this has not been communicated to the contractor beforehand and the order by its nature is intended to provide third parties with finished videos or video material . edited photos. These third parties must pay an amount of €595 including VAT per usage license to the contractor and subsequently receive the right to use the finished videos and the finished photos for a period of one year, which is limited in time and with no spatial restrictions. This happens under the condition that the author is identified as the source of the video/photos or the video material/photo material by this third party company in the video description.

(7) The contractor and its sub-service providers are granted the right to use all photo files/video files generated as a presentation of their own work and for commercial use. You may use the photo files/video files for your own marketing on the Internet, in print products and in radio media without any restrictions in terms of time and space.

(8) If the client objects to publication of the photos/videos, the contractor will charge an additional fee of 357.00 including statutory sales tax for the “non-publication” and invoice the client. Consequently, a so-called “non-publication”, including the fee charged for it, is recorded in writing in a side agreement.

(9) The client fully absolves the contractor and its sub-service providers from the rights of third parties and is responsible for ensuring that the rights of third parties are not violated. If in doubt, appropriate permits (property release) will be obtained from the contractor. The client bears any costs incurred.

§ 3 Remuneration
(1) A fee is bindingly agreed for the services of the contractor and its sub-service providers, which is defined in the order confirmation.

(2) Invoices due must be paid within 7 days without deductions. Until full payment is made, the documents, photos, videos, prints, etc. remain the property of the company Lukas Mische Medien- & Werbeproduktion.

(3) If monthly payment installments or scheduled one-off payments have been agreed, the client is able to increase these if desired.

(4) The price lists provided by the contractor apply to the printing of photos from the folder created there for the client at "www.scrapbook.de".

(5) If the time planned for the execution of the order is significantly exceeded for reasons for which the contractor and its sub-service providers are not responsible, or is extended at the request of the client, this must be recorded with all conditions in a separate agreement.

(6) The payment conditions defined in the order confirmation apply.

(7) If the order is canceled by the client after the statutory period of 14 days, the procedure will be in accordance with §4 (2) of these General Terms and Conditions. Any revocation or cancellation must be made in writing in accordance with Section 126 of the German Civil Code (BGB).

(8) If the production date is postponed, additional agreements to postpone the contractual relationship can be made in writing. In the event of a postponement of the production date, both parties are entitled to withdraw from the contractual relationship. In the event of withdrawal, the contractor is entitled to invoice the client for at least 50% of the agreed total amount as well as costs already incurred to complete the order. Down payments made by the client will be offset.

(9) If the client defaults on payment after the due date stated in the invoice, he undertakes, after proper reminders, to pay the default interest and reminder costs incurred up to the payment date, which arise from the Civil Code (BGB).

§ 4 Termination
(1) The contractual relationship can be terminated with one month's notice on the 30th day of the month. The right to extraordinary termination remains unaffected by this, but requires an important reason in accordance with the provisions of the BGB (Civil Code). Any termination must be in writing to be effective.

(2) If the termination comes from the client, the contractor is entitled, depending on when the termination occurs before the production date, to invoice a certain part of the total amount as compensation for loss. The following points in time are defined for this purpose:
Up to 90 days before production date = 50% of the total amount
Up to 60 days before production date = 70% of the total amount
Up to 30 days before production date = 100% of the total amount

(3) If the termination comes from the contractor, the client is entitled, depending on the point in time before the production date, to demand a refund of a certain part of any advance payments made. The following points in time are defined for this purpose:
Up to 90 days before production date = 50% refund
Up to 60 days before production date = 70% refund
Up to 30 days before production date = 100% refund

(4) Advance payments already made will be offset against existing claims.

(5) Any termination must be in writing to be effective. This written requirement cannot be waived.

(6) Termination due to illness or force majeure must not have any detrimental consequences for the contractor. In this case, the client waives his claims for damages.

§ 5 Conclusion of the contract
(1) The contract is concluded through two consistent declarations of intent, offer and acceptance.

(2) The contract between the contractor and the client can be made either in writing, by telephone (telephone, video chat, etc.) or orally.

(3) If requested by the customer, an order confirmation will be sent with details on cooperation in the case of contracts between Gordon Wolfertz and the customer concluded over the telephone (particularly via telephone call/video chat), and the customer consents to the recording. The recording is made exclusively for evidence and documentation purposes.

§ 6 Liability
(1) The contractor and his sub-service providers are only liable for damage of any kind resulting from the fulfillment of the order in the event of intent or gross negligence. This does not apply to injury to life, body, health and gross negligence as well as from the breach of essential contractual obligations that he or his sub-service providers have caused through culpable breaches of duty.

(2) The contractor or its subservice providers are only liable for damage or loss of digital image data/video material in the event of intent or gross negligence. The amount of liability is generally and in any case limited to the agreed total amount.

(3) The contractor is not liable for damage, defects or loss caused by subservice providers or suppliers who provide their services on their own account.

(4) However, if, due to circumstances for which the contractor or its sub-service providers are not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no contractor or its sub-service providers appear on the agreed production date or arrive too late no liability can be accepted for any resulting damage or consequences. However, the contractor must take care of service providers who act as replacements for the contractor or its sub-service providers.

(5) A medical certificate or medical evidence does not have to be provided. However, the client must be informed by the contractor about the absence due to illness and the replacement person.

(6) If the contractor cannot find suitable replacements after his efforts, he can withdraw from the contractual relationship without notice. This must not have any consequences for the contractor or its subservice providers. Compensation for damages is excluded.

§ 7 Extradition
(1) If the order contains the production of a video or videos, these are considered “edited” if the video editing and color correction have been carried out. Any desired adjustment or change to the videos will be made in accordance with & §6 (10) & §8 (1).

(2) If the order includes the production of photos, these are considered “edited” if the color correction has been made to the photos. Photos are generally only delivered edited.

(3) Further corrections requested by the client and the resulting subsequent versions of the finished video(s) and photos do not fall within the delivery date defined in the order confirmation and are therefore not a delay in the services of the contractor or its sub-service providers.

(4) The risk and costs of transporting data carriers, files and data online and offline lie with the client or the supplier. The contractor or its subservice providers can determine the method of transmission. The current transfer takes place via storage medium (USB stick) in a package and via the websites “www.wetransfer.com” & “www.scrapbook.de”.

(5) Complaints of any kind must be received by the contractor within 7 days of delivery of the photos/videos. After the deadline has expired, the photos/videos are deemed to have been accepted as ordered and free of defects. The complaint must be made in writing or in text form with a precise description of the complaint. Complaints that only insignificantly affect the contractual use of the production do not entitle the client to refuse final acceptance of the production. Exceeding or falling short of the production duration agreed in the production order by no more than 5% does not constitute a defect and does not entitle the client to refuse final acceptance.

(6) The photos are also made available to the client via the website “www.scrappbook.de” for a period of one year from the date the online gallery was created. The contractor then has permission to delete the online gallery or otherwise There is no liability for files not downloaded by then.

§ 8 Additional deliveries
(1) If the order includes the production of a certain number of photos, each additional photo requested by the client after delivery may be charged as follows:
Edited (with color correction & no retouching)
1 file = €3.50
Up to 99 photos, each additional file costs €3.50
From 100 photos, each additional file costs €3.25
From 200 photos, each additional file costs €3.00
From 300 photos, each additional file costs €2.50
From 400 photos, each additional file costs €2.25
From 500 photos, each additional file costs €2.00

All prices include the statutory sales tax. All additional photos will be delivered edited.

(2) If the client wishes the unedited video material to be delivered for its own use of any kind, a usage rights license fee will be charged. The amount of the right of use license fee is defined as follows:
Up to 10 video files = €12.00 per video file
From 11 video files = €10.00 per video file

All prices include the statutory sales tax. All additional video files are delivered unedited.

Consequently, the client receives from the contractor the right to use these additional video files without restrictions in terms of time and space.

§ 9 Correction provisions
(1) In principle, the client has the right to request changes to finished videos or photos. The contractor must comply with these change requests as long as they can be technically implemented and do not exceed a time frame of 4 working hours.

(2) A correction loop is included in the services provided by the contractor or its subservice providers. If the client requests further corrections, this will be invoiced at €357.00 including VAT per correction loop.

(3) A maximum of 33.3333% (one third) of the delivered service may be corrected in terms of content.

(4) Retouching of any kind is not part of the contractor's scope of services and will not be carried out.

(5) A subsequent change or correction of the music by the client is not possible after post-production has begun.

§ 10 Data protection
(1) The guidelines according to the EU General Data Protection Regulation apply to data processing, storage and publication of photos/videos or raw material.

(2) Furthermore, the guidelines under the GDPR apply, in particular Article 6 Para. 1 lit. f. GDPR for the publication of the finished video under the condition of the applicable Section 23 Para. 1 No. 3 KUG.

(3) The client agrees to the necessary relocation of data processing in order to transmit the finished videos or video material via the website www.wetransfer.com.

(4) The client agrees that his personal data required for business transactions will be stored. The contractor and his sub-service providers undertake to treat all information that becomes known to them as part of the order confidentially.

(5) The client agrees that the email addresses provided for communication may be used to register in the email distribution list and to transmit the contractor's email newsletter. The client can object to this in writing at any time.

§ 11 Cancellation policy
(1) Consumers have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us Lukas Mische Medien- & Werbeproduktion, Mühlenstraße 8A in 14167 Berlin, info@mariagefilms.de by means of a clear statement (e.g. a letter sent by post or email) about your decision to accept this contract revoke, inform. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

(2) If a consumer cancels this contract, we will retain all payments received from that consumer, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than the one offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

(3) No right of withdrawal is granted to companies.

§ 12 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.

To Lukas Mische Medien- & Werbeproduktion, Mühlenstraße 8A in 14167 Berlin, info@mariagefilms.de:
(*) 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 for paper notification)
Date

(*) Delete what is not applicable

§ 13 Final provisions/severability clause
(1) The law of the Federal Republic of Germany applies exclusively.

(2) Additional agreements to the contract do not exist and, if desired subsequently, must be in writing to be effective.

(3) In the event that individual provisions of the contract or parts thereof are or become ineffective, the permissible provision that most closely corresponds to what was agreed in terms of economics and meaning and purpose should apply. The invalidity of one part of the contract does not result in the invalidity of the entire contract. The above provisions apply accordingly in the event that a gap is disclosed.

(4) Otherwise, the provisions of the Bürgerliches Gesetzbuch (BGB) apply.

(5) In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or moves its registered office or habitual residence abroad, the registered office of Lukas Mische Medien & Werbeproduktion is agreed as the place of jurisdiction. The law of the Federal Republic of Germany applies.

Applies to 2024