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General Terms and Conditions (GTC)

  1. General

    1. Your contracting party is: Maike Thorun • Aegidienberger Str. 33 • 53604 Bad Honnef - Aegidienberg • T: +49 2224 989992 • kontakt@thorun.de

    2. These General Terms and Conditions (hereinafter referred to as GTC) apply to the sale of legal right of use (licenses) via our website www.buy-a-picture.de.

    3. We ask for your understanding that we can only deliver to customers in Germany.

    4. A contract is concluded as soon as you accept our offer by clicking on the order button in our shopping cart. Immediately after transmitting the order you will additionally receive an order confirmation by email.

    5. Contract languages are German and English.

  2. Pricing

    1. The prices for all offered licenses are shown with the respective product.

    2. As we make use of § 19 UStG (so called “small business rule”) no value added tax (VAT) is shown in our invoices.

  3. Payment and Delivery

    1. After receipt of the prepayment by bank transfer or by PayPal we will email you a download link within 7 days. The herein provided image files are provided in high resolution in JPG format.

    2. If the email with the download link has not been received within the specified period, please first check your spam folder. If it cannot be found there either, the complaint has to be made immediately, but within 14 days at the latest.

    3. The download link remains valid for 14 days, but can be extended on request within this period.

    4. If you have indicated with your order accordingly, we will also dispatch the picture as file on a data storage device. Additional costs of currently 5 Euro will be incurred.

  4. Rights of Use / License Conditions of Single User Licenses

    1. Licensee is the buyer unless explicitly agreed otherwise. If the single user license is not purchased for you as buyer, but for a third party instead, please confirm about the different licensee when transmitting the order, e.g. in the “message” box. A later modification of the licensee is not possible.

    2. The licensee acquires the non-exclusive, limited on him and non-transferable right to use the respective image for private of commercial purposes, but only in the following manner:

      1. Publication on a website, in whose imprint the licensee is indicated as responsible party.

      2. Publication in social media in the licensee’s private profile as well as on pages, in whose imprint the licensee is indicated as responsible party.

      3. Production of printouts or image prints and their free transfer to third parties by the licensee.

      4. Publication in the context of an advertisement for the shown animal by the licensee (e.g. in stallion catalogues, sale advertisements, breeding advertisements).

    3. Any further transfer to third parties is not permitted and requires a separate agreement.

    4. The right of digital processing, trimming or redesign is not included in the license and requires a separate agreement.

    5. The right of reproduction by painting, drawing and similar is not included in the license and requires a separate agreement.

    6. We would like to point out that the licensee must check himself before publication whether the publication conflicts with rights of third parties, e.g. personal rights, trademark rights, right in one’s own image if a person or its property is shown on an image, data protection law regulations. The user license acquired from us solely regulates the rights in relation to us.

    7. With any publication of pictures buy-a-picture.de as well as the specific photographer have to be indicated as image source. This must be done by an easy to read reference directly at or on the picture, e.g. “picture: buy-a-picture.de / Maike Thorun”. In case of publication on the internet, the text “buy-a-picture.de” should be designed as clickable link.

    8. The images are provided with photographer logo, which may not be removed. If any image without logo is required, a separate and chargeable agreement is required.

    9. Excluded from these license conditions is any publication in newspapers and magazines as well as by publishing houses and press. This applies both online and in print media. These generally require a separate agreement with us prior to publication. If such an agreement is made, it is considered agreed at the same time the licensee has to provide us with a voucher  copy of the respective medium free of charge and without special request promptly after publication.

  5. Contractual penalties / Compensation

    1. In case of violation of these terms of use, you agree to make the following payment for each breach:

      1. Any unauthorized use, processing or transmission of images: 5-fold the regular rate of the respective license, subject to further claims for compensation.

      2. Publication without or with incorrect or incomplete image source: 2-fold the regular rate of the respective license, subject to further claims for compensation.

    2. If a license cannot be provided by us, we shall be liable up to a maximum of the respective license fee.

  6. Online Dispute Resolution

    1. The European Commission provides an online dispute resolution platform (OS), which is available at the following link: https://ec.europa.eu/consumers/odr. We are not obliged to and will not participate in dispute resolution proceedings before a recognised consumer mediation agency.

  7. Miscellaneous

    1. In case of loss of data at the licensee’s (e.g. due to late downloading of the link, missing or loss of data backup) we are not obliged to provide a replacement free of charge.

    2. Data will be stored by us for processing of the contract. We commit to comply with the rules of the GDPR. This means above all that data is protected against unauthorised access by third parties by appropriate precautions and are deleted as soon as they no linger need to be kept for execution of the contract of for tax reasons.

    3. Court of jurisdiction for contracts with entrepreneurs is Königswinter.

    4. Verbal additional agreements to this contract do not exist. Additional agreements require written form.

    5. Should any provision of this contract be invalid, the validity of the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to this provision.

 Version of this GTC: 03.05.2019