1. Contracting partner
+49 173 / 9 50 55 20
2. Area of application
The following terms apply to all of the offers, orders, deliveries, and services that we carry out. Upon the acceptance of the delivery or service, they shall be deemed to be agreed. Any differing terms and conditions of business of the customer are only effective if we have acknowledged them in writing.
3. Entry into force of a contract
A contract enters into force if we have confirmed the order, but at the latest upon delivery.
Our prices are final.
Pursuant to § 19 UStG, no VAT is charged
4a. Prices for private and commercial use
The prices listed below apply to both the private and
the commercial use of the image material:
– Image files of the highest available resolution: 19.-€ / item
– Creation of product photos for webshops: at cost
– Creation of collages: at cost
– Image editing/retouching work (such as removing pylons, adding sand): at cost
4b. Prices for online and print media
For media (editorial publications, online and print media, books, etc.) and in particular for the images offered under http://www.artnlight.de, the following applies: prices must be agreed upon with us, expressly and in writing, prior to publication. In any case of doubt, we are guided by the current MFM list of Mittelstandsgemeinschaft Foto-Marketing. Any agreed price is valid for a one-time use. Upon a second use, the fee shall accrue once again.
In principle, we make deliveries only on advanced payment.
Payment can be made either by bank transfer to our bank account or via PayPal. Until full payment, the goods will remain our property.
Upon the purchase of digital products, shipping will be carried out by e-mail or download link. A delivery of image files by digital delivery, it is usually the same day, after receipt of payment.
We do not accept any liability for late deliveries or non-deliveries.
Note: Prior to delivery of an image, we optimally trim it in order to avoid unnecessary background areas. If you do not want this, please inform us of this when ordering.
7. Right of use
For the following text, we ask that you note that a „third party“ is understood to be a person or a company that advertises its products with the photos or obtains commercial benefits with them.
All of the prices quoted and agreed upon here (even for shootings or ranch portraits) do not apply to the exclusive use of photos, if not agreed expressly and in writing – the purchaser expressly consents to a further use of the images by the photographer that is unlimited in time. Exclusive rights of use require an express and written agreement, and entail a surcharge of at least 100% on the relevant fee.
7.1 Right of use for files
Upon the purchase of a photo file, you acquire the following rights:
– Publication of the image in your profile in social networks
– Publication of the image on your own website
– Creation of printouts/photocopies and transmitting them to third parties (gifts)
– Use in sales displays, stallion advertisements, and stallion catalogs for your own purposes
The following is not permitted, unless otherwise expressly agreed upon:
– Free transmission of a file to any third party
– Resale of printouts / photocopies or the file to a third party
– Transfer of the right of use to a third party (also not upon the sale of the animal)
7.2 Right of use for media and print products
Upon purchase, you acquire the following rights:
– Simple/one-time publication in the agreed medium, publication, or data carrier
Immediately after publication, we expect that you send us a specimen copy without any charge.
However, the following is not permitted, unless otherwise expressly agreed upon:
– Multiple publications of the image
– Any transmission to a third party (including affiliated companies)
– In addition, the aforementioned exclusions under „Right of use for files“ apply
With any publication of image material, the photographer has a right to be named. For this purpose, we typically deliver our image material – unless otherwise agreed – with the photographer’s logo. However, we ask that you ensure that, when publishing on the Internet and in printed products (including magazines, books, advertising flyers, banner advertisements, etc.), reference is made to the name of the photographer. The reference may be the following, as an example: „Photo: Art & Light / artnlight.de.“
This must take place with an unequivocal allocation to the image.
If you need images without a logo or do not want the photographer referenced, please contact us PRIOR to your purchase, so that we can come to an agreement to this effect.
9. Right of revocation
We only deliver goods that are produced according to customer specifications or are clearly tailored to personal needs.
As such, there is no statutory right of revocation under §312d of the German Civil Code (Bürgerlichen Gesetzbuch).
10. Warranty and liability
If, contrary to expectations, you are not satisfied with a delivery, please do not hesitate to contact us on a timely basis! There is a contact form for this purpose on our website.
With respect to the publication of images, please note that, depending on the type of use, a model release or property release may be necessary. Unless otherwise agreed upon expressly and in writing, this is not included in the price. The purchaser is itself responsible for obtaining this agreement.
11. Contractual penalty and compensation for damages
Any use, exploitation, copying, dissemination, or publication (including images with watermarks) are subject to fees and require our prior express consent. Upon any violation or unauthorized publication or dissemination, any change to the image files, any unauthorized removal of a photographer’s logo, or any other type of violation of the right of use, we shall charge 5 times the regular rate.
If proof of the source of the image (copyright attribution & agency notice) is not published, or could not be unequivocally assigned to the imaged picture, the fee rate will be charged once again at 100%.
The place of performance for contracts concluded with us is D-84104 Enzelhausen. The area of jurisdiction is Freising. The contractual language is German. The application of German law is deemed to be agreed upon, even if the other contracting party has its registered office abroad. UN law is deemed to be barred.
If one or more provisions of this contract or the General Terms and Conditions of Business is or becomes ineffective, or if the contract is incomplete, this shall not affect the contract in all other respects.