General Delivery and Business Conditions
All images on this site are protected by international copyright law.
I. General
1. The following general delivery and business conditions (hereinafter referred to as AGB) are valid for all orders, quotations, deliveries and services executed by Reinhard Dirscherl / ocean-photo.com.
2. They are regarded as agreed on following acceptance by the client of the delivery (download) or service or photographer's quotation, latest however following acceptance of the data for publications.
3. If the client wishes to oppose the AGB this must be declared in writing within three working days. Varying business conditions of the client are hereby opposed.
4. Even without express inclusion the AGB shall also be valid within the framework of an ongoing business relationship for all future orders, quotations, deliveries and services by Reinhard Dirscherl / ocean-photo.com.
II. Picture Material Made Available
1. The AGB shall be valid for all picture material made available to the client, in particular for picture material made available by electronic or digital transmission.
2. The client acknowledges that the picture material delivered by Reinhard Dirscherl / ocean-photo.com is photographic work.
3. Orders placed by the client for design proposals or concepts are independent services and subject to remuneration.
4. The picture material made available shall remain the property of Reinhard Dirscherl / ocean-photo.com.
5. The client shall handle the picture material with care.
6. Complaints must be made within 48 hours following receipt.
III. Rights of Use and Employment
1. In principle the client shall only acquire a single right for one-off use.
2. Exclusive rights of use and employment, media-related or spatial exclusive rights or periods of non-negotiability must be agreed on separately.
3. The right of use and employment is only transferred for the one-off utilization of the picture material for the purpose declared by the client.
4. Any form of utilization beyond No. 3 is subject to a fee and requires the prior express written permission of Reinhard Dirscherl / ocean-photo.com.
5. The picture material may not be copied, photographed following adjustment or digitally composed without permission.
IV. Fees
1. Fees are to be agreed before utilization. They shall comply with the medium, type and extent of use.
2. The fee shall only apply to the one-off use of the picture material for the agreed purpose.
3. The use of watermark-protected layout data is free of charge.
4. The fee is payable at the latest four weeks after the invoice is issued.
V. Return of the Picture Material
1. The picture material shall be returned without delay following publication or use agreed on, latest however 3 months after date of delivery, or deleted.
VI. Contractual Penalty, Obstruction, Compensation
1. A contractual penalty amounting to five times the utilization fee shall be paid for every individual case of unauthorized use, reproduction or transmission of the picture material.
2. A contractual penalty amounting to 50% of the utilization fee is payable if the specimen copy is missing or following settlement of accounts without specimen copy.
3. No rights of use and employment whatsoever are justified by these payments.
VII. Internet, Registration
1. Following registration and acceptance of our business conditions each professional client has the possibility of carrying out research in the digital picture data bank.
2. Reinhard Dirscherl / ocean-photo.com are entitled to block the client's password if the AGB are infringed.
3. Foreign clients resident in an EU member state are obliged to quote their VAT identification number when registering.
VIII. Final Provisions
1. It is deemed to be agreed that the law of the Federal Republic of Germany shall apply.
2. Collateral agreements regarding these AGB require the written form to become effective.
3. Any nullity or invalidity respectively of one or more conditions of these AGB shall not affect the validity of the remaining conditions.
4. Place of jurisdiction and place of performance for both parties shall be Munich / Germany.