General Terms and Conditions
Josef Dreisörner – Photographic & Imaging Art
c/o Dreisörner Werbeagentur GmbH
Kaulbachstraße 61
80539 Munich
Phone: +49 89 688 67 78
E-mail: shop@josef-dreisoerner.de
“Josef Dreisörner – Photographic & Imaging Art” is a brand / product of Dreisörner Werbeagentur GmbH.
I. General information
The General Terms and Conditions for Communication Design Services of Dreisörner Werbeagentur GmbH apply, which you can download as a pdf at the bottom of this page.
For “Josef Dreisörner – Photographic & Imaging Art”, the General Terms and Conditions listed here also apply. They shall be deemed to have been agreed if they are not objected to immediately.
“Josef Dreisörner – Photographic & Imaging Art” is a brand / product of Dreisörner Werbeagentur GmbH, represented by its managing director Josef Dreisörner.
The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. All agreements made between you and Dreisörner Werbeagentur GmbH in connection with the purchase contract are based in particular on these contractual terms and conditions, our written order confirmation and our declaration of acceptance. Deviating conditions of the customer are not accepted. This also applies if the inclusion is not expressly contradicted.
II Copyright
Josef Dreisörner, managing partner of Dreisörner Werbeagentur GmbH, is deemed to be the photographer/artist or author within the meaning of these GTC.
1. the photographer/artist is entitled to the copyright to the works in accordance with copyright law.
2. the portrait pictures are subject in particular to the personal rights of the person depicted on them.
3. the works produced by the photographer/artist are intended solely for the client’s own use.
4. the copyright to the images remains with Dreisörner Werbeagentur GmbH. The images were created for private purposes. Reproduction, commercial use and publication is prohibited. However, rights of use and exploitation may be granted by individual agreement.
5. the rights of use shall only be transferred after full payment of all claims due to the photographer/artist from the business relationship.
6. if the photographer/artist transfers rights of use to his works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. Any transfer of rights of use shall require a special agreement. The transfer of rights of use does not include the right to storage and reproduction if this right has not been expressly transferred.
7. the digitization, storage, electronic modification and reproduction of the photographer’s/artist’s works on data carriers of any kind requires the photographer’s/artist’s prior written consent.
8. unless otherwise agreed, the photographer/artist shall be named as the author of the work “Image: Josef Dreisörner – Photographic & Imaging Art” when the work is used. Any infringement of the right to be named shall entitle the photographer/artist to compensation.
9 Dreisörner Werbeagentur GmbH has the copyright and right of use to all images published and distributed in the online store. The images sold via the online store are only intended for the buyer’s own use. Reproduction, commercial use and publication is prohibited.
III Liability
1 Dreisörner Werbeagentur GmbH shall only be liable for the lightfastness and durability of the works within the scope of the guarantee provided by the manufacturer of the photographic material.
2 Dreisörner Werbeagentur GmbH shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
3. in other cases, Dreisörner Werbeagentur GmbH shall only be liable – unless otherwise provided for in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
4 The liability of Dreisörner Werbeagentur GmbH for damages arising from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
IV. Conclusion of contract
1. the presentation and advertising of items in the online store does not constitute a binding offer to conclude a purchase contract.
2. by submitting an order via the online store by clicking on the “order with obligation to pay” button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, remains unaffected by this.
3. receipt of your order placed via the online store will be confirmed immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
3. a contract is only concluded when your order is accepted by a declaration of acceptance or by the delivery of the ordered items.
4. if delivery of the goods ordered by you is not possible, for example because the goods in question are not in stock, no declaration of acceptance will be made. In this case, a contract will not be concluded. You will be informed immediately and any consideration already received will be refunded without delay.
V. Terms of delivery and reservation of advance payment
1. partial deliveries are authorized insofar as this is reasonable for you.
2 The delivery time within Germany and the EU is approx. 14 working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract. The delivery period for international shipments (outside the EU) is approx. 3 weeks, unless otherwise agreed. It begins – subject to the provision in para. 3 – with the conclusion of the contract.
3. in the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
VI Prices and shipping costs
1. all prices quoted in the online store are gross prices including shipping and statutory VAT.
2. if orders are fulfilled by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
3. if you effectively revoke your contractual declaration, you shall bear the return shipping costs in accordance with the statutory requirements. The goods must only be sent in their original packaging.
4. the customer shall bear the customs duties and handling costs in customs clearance for shipments outside the EU. Dreisörner Werbeagentur GmbH is not responsible for delays caused by customs and shipping service providers.
VII Terms of payment, offsetting, right of retention
1. the purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
2. you can pay the purchase price and the shipping costs according to your choice only with the payment methods offered by us.
3. you are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
4. as the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
VIII Retention of title
The delivered goods remain the property of Dreisörner Werbeagentur GmbH until the purchase price has been paid in full.
IX. Warranty
1. we shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2. any seller’s warranties given for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall apply in addition to the claims due to material defects or defects of title within the meaning of para. 1. details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the articles.
X. References
1. the photographer/artist is entitled to use the works for publicity purposes for illustration (e.g. for shop windows, exhibitions, homepage, blog, press articles, social media, etc.).
2. the client expressly agrees to be named as a reference.
3. the photographer/artist may publish and display the work on the website and social media platforms (e.g. Instagram) of “Josef Dreisörner – Photographic & Imaging Art” for the purposes of self-promotion.
4. if the client does not wish to be named as a reference, this must be stated before the order is placed.
5. if the client does not want his produced image to be shown on the Internet pages, etc., this must also be stated before the order is placed.
XI. Applicable law and place of jurisdiction
1. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
2. if you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
3. the place of jurisdiction is Munich, in the Federal Republic of Germany
Downlod pdf