Terms and Conditions

General Terms and Conditions of Sale

Scope of Application

These General Terms and Conditions apply to all purchases made from Lucie Michaelis Photography by private customers.

Conclusion of Contract

The presentation of the products and the opportunity to place an order constitutes a binding offer by me to conclude a purchase contract.
By placing your order, you accept this offer and the purchase contract is concluded.
You will receive an order confirmation by email sent to the email address you have provided.

Prices

All listed prices are final prices. The price applicable is the amount displayed at the time the binding order is placed.

Payment

Payment is due upon delivery and may be made via:

Credit card
PayPal
Bank transfer

Default of Payment

If you are in default of payment, Lucie Michaelis Photography is entitled to charge default interest at a rate of 5 percentage points above the base interest rate published by the Deutsche Bundesbank at the time of the order per annum.
If Lucie Michaelis Photography can prove that higher damages caused by the delay have occurred, it is entitled to claim such damages.

Right of Retention

The customer is only entitled to exercise a right of retention insofar as their counterclaim arises from the same contractual relationship.

1. Delivery

The photographer will professionally edit the selected images in her own photographic style.
The customer will receive the images as digital JPG files available for download.

Lucie Michaelis Photography requires no more than four (4) weeks from the date of the photo session for post-production.

If delivery or any other performance becomes permanently impossible due to force majeure (natural disasters, war, civil war, terrorist attacks, illness, or accident), Lucie Michaelis Photography is released from its obligation to perform. Any amounts already paid will be refunded immediately.

Lucie Michaelis Photography may also refuse performance if it would require an effort that is grossly disproportionate to the customer’s interest in fulfillment of the contract, taking into account the content of the purchase contract and the principles of good faith. Any amounts already paid will be refunded immediately.

2. Copyright and Publication Rights

2.1 The client acquires ownership of the work result (image files). The client may reproduce these files in print form for private purposes only.

2.2 The client additionally acquires the right to publish the images on private websites and/or on their own social media profiles (e.g. Facebook). The client is solely responsible for respecting the rights of third parties and indemnifies the photographer against any claims made by third parties.

2.3 The delivered images may not be altered in any way (e.g. filters or other modifications).

2.4 Use of the images is only permitted with the following copyright notice:
“Photo by Lucie_Michaelis_Photography” and “goddess_and_queen_boudoir”.

2.5 Any further usage rights require the prior written consent of the photographer and are generally granted only in return for an appropriate fee.

Defects and Complaints

Any complaints regarding defects must be submitted in writing no later than fourteen (14) days after delivery of the images.
After this period, the images shall be deemed accepted as contractually compliant and free of defects.

Liability

The photographer is liable only for intent and gross negligence.
In cases of simple negligence, the photographer is only liable in the event of injury to life, body, or health, or if essential contractual obligations have been breached. In such cases, liability is limited to foreseeable damages typical for the contract.

Liability for indirect and unforeseeable damages, loss of use, loss of profit, missed savings, and financial losses arising from claims by third parties is excluded in cases of simple or moderate negligence, except in cases involving injury to life, body, or health.

Upon delivery of the images to the client, the client bears the risk of loss, destruction, or damage. The photographer is not obliged to store the digital image files beyond the time of delivery.

The photographer’s image style is known to the client with regard to the creation, selection, and editing of images. The creation and editing of the photographs as well as the selection of motifs, persons, and situations are part of the photographer’s artistic freedom and are subject to her sole discretion.

Copyright and Publication Rights (Reiteration)

The client acquires ownership of the work result. The files may be reproduced in print form for private purposes.

The client additionally acquires the right to publish the images on private websites and/or their own social media profiles (e.g. Facebook). The client is solely responsible for observing the rights of third parties and indemnifies the photographer against any third-party claims.

Use is only permitted with the following copyright notice:
“goddess_and_queen_boudoir”.

Any further usage rights require prior written consent from the photographer and are generally granted only in return for an appropriate fee.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the date on which you made the booking or received an invoice.

Applicable Law

The contract concluded between you and Lucie Michaelis Photography is governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

Place of Jurisdiction

If, contrary to your statements at the time of ordering, you do not have a place of residence in the Federal Republic of Germany, move your residence abroad after conclusion of the contract, or your residence is unknown at the time legal action is initiated, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Stuttgart.

Dispute Resolution

Information obligations pursuant to Article 14(1) of the ODR Regulation and Section 36 of the Consumer Dispute Resolution Act (VSBG):

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at:
http://ec.europa.eu/consumers/odr/

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

Should individual provisions of this contract be or become wholly or partially invalid or void, the validity of the remaining provisions shall not be affected, provided that neither party is unreasonably disadvantaged as a result.
Amendments or additions to this contract must be made in writing.