General Terms and Conditions of FRANK LINDERS PHOTOGRAPHY
1 Application of the Terms and Conditions
1.1 Images are produced and image licenses conferred solely on the basis of the Terms and Conditions set forth hereinbelow. These Terms and Conditions shall also apply to all future production and license agreements unless or to the extent that regulations deviating herefrom are explicitly agreed.
1.2 Terms and conditions of the customer deviating from the Terms and Conditions set forth herein below are not accepted. Such deviating terms and conditions shall not become part of the agreement even if not explicitly repudiated by the photographer.
2 Production Orders
2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent.
2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership or other third party rights, the customer is obliged to obtain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer to obtain the necessary declarations of consent or to select other suitable persons or objects for the photographic work and make them available.
2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contrac has to be concluded with third parties, the photographer is authorized to enter into the respective obligations in the name and for the account of the customer.
2.4 The photographer selects the images he presents to the customer for acceptance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement.
2.5 The customer is obliged to examine the photographs presented to him upon completion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regarding obvious defects must be asserted in writing within two weeks of delivery of the images, a complaint relating to defects which are not obvious must be raised within a deadline of two weeks after the defect is detected. The deadline for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert complaints, the photographs shall be deemed approved with regard to the respective defect.
3 Production Fee and Incidental Costs
3.1 If the time period set for the photographic work is considerably exceeded for reasons for which the photographer is not accountable, any flat rate fee agreed upon shall be increased accordingly. If an hourly or daily fee has been agreed upon, the photographer shall also be paid the hourly or daily rate agreed upon for that period of time by which the photographic work is extended.
3.2 In addition to the fee owed, the customer shall also reimburse the photographer for the incidental costs he incurs in connection with conducting the assignment (e.g. on film material, digital image processing, models, travel).
3.3 The production fee is due upon delivery of the images. If an image production is delivered in parts, that respective part of the fee shall fall due when a part is delivered. If the assignment is for a lengthy period of time, the photographer may demand advance payments in accordance with the time expended.
3.4 The customer does not acquire the rights of use under copyright law until the fee has been paid in full and all incidental costs have been reimbursed.
4 Request for Archived Images
4.1 Images which the customer requests from the photographer’s archives shall be made available for viewing and selection for a period of one month from the date of the delivery note. If no license agreement is entered into within the selection period, analogue images and image data media provided by the photographer must be returned to the photographer before expiry of this period and all and any image data stored by the custome on his own data media must be deleted.
4.2 No rights of use are transferred upon provision of images for viewing and selection. Each and any use requires the prior written declaration of approval by the photographer.
4.3 The use of the images as work copy for sketches or layout purposes and a presentation to customers already constitutes use subject to payment of a fee. If slide frames or foil are/is opened, the photographer is entitled to charge a layout fee - without prejudice to any entitlement to further payment – even if there has been no use of the images.
4.4 The photographer may charge a processing fee for the composition of the image selection; this fee is calculated on the basis of the type and scope of the work entailed and amounts to no less than € 30. Carriage costs (packaging, postage), including the costs of special types of transport (taxi, air freight, express courier), must be reimbursed separately by the customer.
4.5 If the period for returning the analogue image material set forth in Section 4.1 or agreed in the license agreement is not met, a blocking fee shall also be payable – in addition to the other costs and fees – pending receipt of the images by the photographer. The blocking fee amounts to € 1.50 per picture and day, whereby the maximum amount which may be demanded for each individual image shall not exceed the amount provided for in Section 7.5 (sentence 2) of the General Terms and Conditions as flat rate compensation for the loss of the image, irrespective of the duration of the blocked period. The customer remains entitled to evidence that the photographer did not incur any damage due to the belated return of the images or that the damage incurred is considerably lower than the blocking fee.
5 Rights of Use
5.1 The customer only acquires the rights to use the images for the scope defined in the agreement. No owner ship rights are transferred. Irrespective of the scope of the rights of use conferred in individual cases, the photographer remains entitled to use the images within the framework of his own advertising.
5.2 The written consent of the photographer is required prior to conferring and transferring to third parties, including the editors of a publishing house, the rights of use acquired by the customer.
5.3 In principle, only the original version of the image may be used. The consent of the photographer is required prior to any re-working (e.g. montage, alienation using photographic techniques, colouring) and each and any change in the reproduction of the image (e.g. publication of excerpts). The only exception to this is eliminating any undesired lack of focus or colour weaknesses by electronic retouching.
5.4 The photographer must be named as the creator of the image in every publication thereof. The name must be indicated with the image.
5.5 Artifical Intelligence (AI)
The use of the copyrighted works of the photographer and author Frank Linders for AI systems is generally prohibited. This expressly includes all processes such as the training of AI models. If use for AI systems is desired in individual cases, this always requires the written consent of the photographer and author.
6 Digital Image Processing
6.1 Digitalizing analogue images and transmitting digital images by remote data transmission or on data media is only admissible if and insofar as exercising the rights of use conferred requires this form of reproduction and dissemination.
6.2 Image data may only be digitally archived for the customer’s own purposes and only for the duration of the right of use. A separate agreement between the photographer and the customer is required for storing the image data in online databases or in other digital archives accessible to third parties.
6.3 During the digital recording of the images, the name of the photographer must be electronically linked to the image data. Furthermore, the customer is obliged to ensure, by taking suitable technical precautions, that this linking is preserved during every transmission of the data, when the image data are transferred onto other data media, when the data are reproduced on a screen and during any publication, and that the photographer can always be identified as the creator of the image.
7 Liability and Compensation
7.1 The photographer is only liable for damage which he or his agents cause by deliberate acts or gross negligence. This does not apply to damage resulting from the breach of a contractual duty which is of material significance for achieving the object of the agreement (cardinal duty) or to damage resulting from fatal injury, physical injury or damage to health for which the photographer is also liable in case of slight negligence.
7.2 The photographer assumes no liability for the type of use of his images. In particular the photographer is not liable for the admissibility of the use under competition or trademark law.
7.3 Claims by the customer arising from a breach of duty by the photographer or the photographer’s agents shall become time-barred one year after commencement of the statutory period of limitations. This does not include claims for damages based on a deliberate or grossly negligent breach of duty by the photographer or the photographer’s agents or to claims for damages on account of fatal or physical injury or damage to health, even insofar as these are based on a slightly negligent breach of duty by the photographer or the photographer’s agents; the statutory period of limitation applies to claims for damages of this kind.
7.4 Images are sent and returned at the risk and expense of the customer.
7.5 If analogue pictures are lost in the area of risk of the customer, or if such pictures are returned in a condition precluding any further use in accordance with customary practice, then the customer shall pay compensation. In such a case the photographer shall be entitled to demand compensation in an amount of € 1,000 for each original and of € 200 for each duplicate, unless or to the extent that the customer can evidence that no damage arose at all or that it is considerably less than the flat rate demanded as compensation. The photographer reserves the right to assert a claim for a higher amount of compensation.
7.6 In case of the unjustified use, change, reworking or passing on of an image, the photographer has the right to demand a contractual penalty in the amount of five times the agreed fee for use, or, in the absence of such agreement, five times the customary fee for use, but not less than € 500 per picture and individual case. As serting a claim for any further damages shall remain unaffected hereby.
7.7 If, when an image is published, there is no indication of the name of the photographer (Section 5.4) or if the photographer’s name is not permanently linked with a digital image (Section 6.3), the customer shall pay a contractual penalty in the amount of 100 percent of the agreed fee for use, or, in the absence of such agreement, five times the customary fee for use, but not less than € 200 per picture and individual case. The photographer also reserves the right to assert a claim for a higher amount of damages in this respect.
8 Value Added Tax, social security for self-employed artists
The fees, charges and costs to be paid for by the customer also include Value Added Tax and social security for self-employed artists at the respective statutory rate, which the photographer may incur on third party services.
9 Governing Law and Jurisdiction
9.1 The law of the Federal Republic of Germany shall apply hereto.
9.2 In the event that the customer has no general place of jurisdiction in the Federal Republic of Germany or if he relocates his registered office or normal place of residence abroad after entering into the contract, the place of residence of the photographer is agreed as being the place of jurisdiction.
1.1 Images are produced and image licenses conferred solely on the basis of the Terms and Conditions set forth hereinbelow. These Terms and Conditions shall also apply to all future production and license agreements unless or to the extent that regulations deviating herefrom are explicitly agreed.
1.2 Terms and conditions of the customer deviating from the Terms and Conditions set forth herein below are not accepted. Such deviating terms and conditions shall not become part of the agreement even if not explicitly repudiated by the photographer.
2 Production Orders
2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent.
2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership or other third party rights, the customer is obliged to obtain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer to obtain the necessary declarations of consent or to select other suitable persons or objects for the photographic work and make them available.
2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contrac has to be concluded with third parties, the photographer is authorized to enter into the respective obligations in the name and for the account of the customer.
2.4 The photographer selects the images he presents to the customer for acceptance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement.
2.5 The customer is obliged to examine the photographs presented to him upon completion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regarding obvious defects must be asserted in writing within two weeks of delivery of the images, a complaint relating to defects which are not obvious must be raised within a deadline of two weeks after the defect is detected. The deadline for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert complaints, the photographs shall be deemed approved with regard to the respective defect.
3 Production Fee and Incidental Costs
3.1 If the time period set for the photographic work is considerably exceeded for reasons for which the photographer is not accountable, any flat rate fee agreed upon shall be increased accordingly. If an hourly or daily fee has been agreed upon, the photographer shall also be paid the hourly or daily rate agreed upon for that period of time by which the photographic work is extended.
3.2 In addition to the fee owed, the customer shall also reimburse the photographer for the incidental costs he incurs in connection with conducting the assignment (e.g. on film material, digital image processing, models, travel).
3.3 The production fee is due upon delivery of the images. If an image production is delivered in parts, that respective part of the fee shall fall due when a part is delivered. If the assignment is for a lengthy period of time, the photographer may demand advance payments in accordance with the time expended.
3.4 The customer does not acquire the rights of use under copyright law until the fee has been paid in full and all incidental costs have been reimbursed.
4 Request for Archived Images
4.1 Images which the customer requests from the photographer’s archives shall be made available for viewing and selection for a period of one month from the date of the delivery note. If no license agreement is entered into within the selection period, analogue images and image data media provided by the photographer must be returned to the photographer before expiry of this period and all and any image data stored by the custome on his own data media must be deleted.
4.2 No rights of use are transferred upon provision of images for viewing and selection. Each and any use requires the prior written declaration of approval by the photographer.
4.3 The use of the images as work copy for sketches or layout purposes and a presentation to customers already constitutes use subject to payment of a fee. If slide frames or foil are/is opened, the photographer is entitled to charge a layout fee - without prejudice to any entitlement to further payment – even if there has been no use of the images.
4.4 The photographer may charge a processing fee for the composition of the image selection; this fee is calculated on the basis of the type and scope of the work entailed and amounts to no less than € 30. Carriage costs (packaging, postage), including the costs of special types of transport (taxi, air freight, express courier), must be reimbursed separately by the customer.
4.5 If the period for returning the analogue image material set forth in Section 4.1 or agreed in the license agreement is not met, a blocking fee shall also be payable – in addition to the other costs and fees – pending receipt of the images by the photographer. The blocking fee amounts to € 1.50 per picture and day, whereby the maximum amount which may be demanded for each individual image shall not exceed the amount provided for in Section 7.5 (sentence 2) of the General Terms and Conditions as flat rate compensation for the loss of the image, irrespective of the duration of the blocked period. The customer remains entitled to evidence that the photographer did not incur any damage due to the belated return of the images or that the damage incurred is considerably lower than the blocking fee.
5 Rights of Use
5.1 The customer only acquires the rights to use the images for the scope defined in the agreement. No owner ship rights are transferred. Irrespective of the scope of the rights of use conferred in individual cases, the photographer remains entitled to use the images within the framework of his own advertising.
5.2 The written consent of the photographer is required prior to conferring and transferring to third parties, including the editors of a publishing house, the rights of use acquired by the customer.
5.3 In principle, only the original version of the image may be used. The consent of the photographer is required prior to any re-working (e.g. montage, alienation using photographic techniques, colouring) and each and any change in the reproduction of the image (e.g. publication of excerpts). The only exception to this is eliminating any undesired lack of focus or colour weaknesses by electronic retouching.
5.4 The photographer must be named as the creator of the image in every publication thereof. The name must be indicated with the image.
5.5 Artifical Intelligence (AI)
The use of the copyrighted works of the photographer and author Frank Linders for AI systems is generally prohibited. This expressly includes all processes such as the training of AI models. If use for AI systems is desired in individual cases, this always requires the written consent of the photographer and author.
6 Digital Image Processing
6.1 Digitalizing analogue images and transmitting digital images by remote data transmission or on data media is only admissible if and insofar as exercising the rights of use conferred requires this form of reproduction and dissemination.
6.2 Image data may only be digitally archived for the customer’s own purposes and only for the duration of the right of use. A separate agreement between the photographer and the customer is required for storing the image data in online databases or in other digital archives accessible to third parties.
6.3 During the digital recording of the images, the name of the photographer must be electronically linked to the image data. Furthermore, the customer is obliged to ensure, by taking suitable technical precautions, that this linking is preserved during every transmission of the data, when the image data are transferred onto other data media, when the data are reproduced on a screen and during any publication, and that the photographer can always be identified as the creator of the image.
7 Liability and Compensation
7.1 The photographer is only liable for damage which he or his agents cause by deliberate acts or gross negligence. This does not apply to damage resulting from the breach of a contractual duty which is of material significance for achieving the object of the agreement (cardinal duty) or to damage resulting from fatal injury, physical injury or damage to health for which the photographer is also liable in case of slight negligence.
7.2 The photographer assumes no liability for the type of use of his images. In particular the photographer is not liable for the admissibility of the use under competition or trademark law.
7.3 Claims by the customer arising from a breach of duty by the photographer or the photographer’s agents shall become time-barred one year after commencement of the statutory period of limitations. This does not include claims for damages based on a deliberate or grossly negligent breach of duty by the photographer or the photographer’s agents or to claims for damages on account of fatal or physical injury or damage to health, even insofar as these are based on a slightly negligent breach of duty by the photographer or the photographer’s agents; the statutory period of limitation applies to claims for damages of this kind.
7.4 Images are sent and returned at the risk and expense of the customer.
7.5 If analogue pictures are lost in the area of risk of the customer, or if such pictures are returned in a condition precluding any further use in accordance with customary practice, then the customer shall pay compensation. In such a case the photographer shall be entitled to demand compensation in an amount of € 1,000 for each original and of € 200 for each duplicate, unless or to the extent that the customer can evidence that no damage arose at all or that it is considerably less than the flat rate demanded as compensation. The photographer reserves the right to assert a claim for a higher amount of compensation.
7.6 In case of the unjustified use, change, reworking or passing on of an image, the photographer has the right to demand a contractual penalty in the amount of five times the agreed fee for use, or, in the absence of such agreement, five times the customary fee for use, but not less than € 500 per picture and individual case. As serting a claim for any further damages shall remain unaffected hereby.
7.7 If, when an image is published, there is no indication of the name of the photographer (Section 5.4) or if the photographer’s name is not permanently linked with a digital image (Section 6.3), the customer shall pay a contractual penalty in the amount of 100 percent of the agreed fee for use, or, in the absence of such agreement, five times the customary fee for use, but not less than € 200 per picture and individual case. The photographer also reserves the right to assert a claim for a higher amount of damages in this respect.
8 Value Added Tax, social security for self-employed artists
The fees, charges and costs to be paid for by the customer also include Value Added Tax and social security for self-employed artists at the respective statutory rate, which the photographer may incur on third party services.
9 Governing Law and Jurisdiction
9.1 The law of the Federal Republic of Germany shall apply hereto.
9.2 In the event that the customer has no general place of jurisdiction in the Federal Republic of Germany or if he relocates his registered office or normal place of residence abroad after entering into the contract, the place of residence of the photographer is agreed as being the place of jurisdiction.
General Terms and Conditions of FRANK LINDERS GALLERY
1. Validity of the terms and conditions
The following terms and conditions apply exclusively to the business relationship between FRANK LINDERS GALLERY and the buyer. Any differing terms and conditions of the buyer will not be recognized by FRANK LINDERS GALLERY and will not form part of the contract even if FRANK LINDERS GALLERY does not expressly object to them.
2. Conclusion of contract
All offers on the FRANK LINDERS GALLERY website www.franklinders.com/shop are subject to change. The products selected by the buyer using the "Add to cart" button are summarized in an order overview at the end of the ordering process. During the ordering process, the information provided can be checked and, if necessary, supplemented and corrected. By clicking on the "Buy now" button, the buyer sends his/her order data and declares bindinglyto FRANK LINDERS GALLERY that he/she wishes to purchase the products listed in the order. After receipt of the online order, the buyer receives an order and contract confirmation electronically, which leads to the conclusion of a contract/ purchase agreement.
3. Cancellation
Buyers who are consumers have a right of cancellation in accordance with the following cancellation policy: Buyers can cancel their contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the item is given to them before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient or a third party designated by him/her who is not the carrier of the item (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB. To comply with the cancellation period, it is sufficient to send the revocation or the item in good time.
The revocation must be addressed to:
FRANK LINDERS GALLERY
Ole Hoop 1A
22587 Hamburg
Germany
Email: shop@franklinders.com
FRANK LINDERS GALLERY points out that there is no right of cancellation for works with a presentation freely chosen by the buyer, personalized items (individually executed customer requests/personal dedications, etc.) and for individually produced photographic prints, as the works created are individually produced according to the buyer's specifications (e.g. special or custom-made) or are not suitable for return due to their sensitive nature (e.g. unframed and unmounted print). For individual products, a right of cancellation is excluded according to Section 312 g Paragraph 2 No. 1 of the German Civil Code.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) must be surrendered. If the buyer cannot return the service received in whole or in part or only in a deteriorated condition, the buyer must pay compensation to FRANK LINDERS GALLERY. This can result in the buyer still having to fulfill the contractual payment obligations for the period up to the revocation. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as would have been possible for the buyer in a store, for example. In addition, the obligation to pay compensation for deterioration caused by the intended use of the item can be avoided if the buyer does not use the item as if it were his/her property and refrains from doing anything that impairs the value of the item. Buyers must bear the costs of return shipments. Obligations to refund payments must be fulfilled within 30 days. The period begins for the buyer with the dispatch of the cancellation notice or the item, for FRANK LINDERS GALLERY with its receipt. FRANK LINDERS GALLERY will use the same means of payment for this refund that the buyer used for the original transaction. Unless something else was expressly agreed with the buyer; under no circumstances will the buyer be charged any fees for this refund. FRANK LINDERS GALLERY may refuse to refund until FRANK LINDERS GALLERY has received the item back or the buyer has provided proof that he/she has returned the item, whichever is earlier.
4. Purchase price, shipping costsThe purchase price shown on the FRANK LINDERS GALLERY website www.franklinders.com/shop for the ordered product includes statutory VAT. Packaging and shipping costs are not included in this price and must be paid additionally by the buyer. The amount of the packaging and shipping costs is determined from the cost table valid at the time of the order, which can be accessed on the FRANK LINDERS GALLERY website. Packaging and shipping costs that arise for special orders based on individual customer requests are calculated on a case-by-case basis and communicated to the buyer in writing before the purchase contract is concluded.
5. Payment, delivery, transfer of risk, retention of title, return costs
5.1. Delivery will only take place after the purchase price has been paid in full (prepayment). The buyer will receive the invoice either with the written contract confirmation or together with the delivery.
5.2. Information on delivery times is non-binding unless FRANK LINDERS GALLERY agrees in writing to adhere to a specific delivery date in individual cases.
5.3. Delivery will be made to the buyer's address or to the delivery address specified by the buyer. The risk of accidental loss and accidental deterioration passes to the buyer as soon as FRANK LINDERS GALLERY has handed over the ordered product to the company commissioned with the transport.
5.4. Ordered products remain the property of FRANK LINDERS GALLERY until all claims against the buyer arising from the purchase contract have been fully met. The buyer may not dispose of products to which such a retention of title applies.
5.5. Buyers who are consumers and who exercise their right of withdrawal in accordance with Section 3 must bear the costs of return shipment. FRANK LINDERS GALLERY expressly recommends an insured return shipment with a tracking number from the company commissioned by the buyer to carry out the transport.
6. Warranty
6.1. Because colors/contrasts/brightness are displayed differently on every screen, deviationsbetween the image reproduction on the Internet and the photographic reproduction delivered are unavoidable.FRANK LINDERS GALLERY does not accept any warranty for such deviations. The warrantyis also excluded for damage that occurs after delivery of the ordered product due toimproper handling or lack of care, environmental influences or natural wear and tear.
6.2. Information on the quality of a product is only binding if it is confirmed in writing by FRANK LINDERS GALLERY when the purchase contract is concluded.
6.3. If the buyer is a company according to Section 14 of the German Civil Code (BGB), any claims for defects require that the buyer has complied with his/her statutory inspection and complaint obligations (Sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or later, FRANK LINDERS GALLERY must be notified of this immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and complain, the buyer must notify obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby timely dispatch of the notification is sufficient to meet the deadline. If the proper inspection and/or notification of defects is missed, our liability for the defect not reported is excluded.
6.3.1. If the ordered item is defective, FRANK LINDERS GALLERY will provide subsequent performance by delivering a defect-free item. In this case, the defective item must be delivered to FRANK LINDERS GALLERY before the subsequent delivery. The costs of this return shipment must be borne by the buyer. Multiple subsequent deliveries are permitted. If FRANK LINDERS GALLERY is unable to deliver a defect-free item or if the subsequent delivery fails the second time, the buyer can reduce the purchase price appropriately or withdraw from the contract.
6.3.2. The buyer's warranty claims against the gallery expire in accordance with statutory provisions.
7. Limitation of liability
7.1. FRANK LINDERS GALLERY is only liable for damages that it or its vicarious agents cause intentionallyor through gross negligence. In the case of damages caused by slight negligence, FRANK LINDERS GALLERY's liability is limited to compensation for damages that are typical for the contract, foreseeable and immediate.
7.2. Excluded from the limitations of liability in accordance with section 7.1 are damages resulting from the breach of acontractual obligation that is of essential importance for achieving the purpose of the contract (cardinal obligation),as well as damages resulting from injury to life, body or health, for which FRANK LINDERSGALLERY is fully liable even in the event of slight negligence.
7.3. Claims for damages by the buyer that result from a breach of duty by FRANK LINDERSGALLERY or its vicarious agents expire in accordance with statutory provisions. Excluded from this areclaims for damages that are based on an intentional or grossly negligent breach of dutyas well as claims for damages due to injury to life, body or health,even if they are based on a slightly negligent breach of duty by FRANK LINDERS GALLERYor its vicarious agents; the statutory limitation periods apply to these claims for damages.
7.4. Photographs and thus the products offered by FRANK LINDERS GALLERY always react sensitively to environmental influences. Appearance, colors, brightness, surfaces and shape can change dynamically. Therefore, the products/photographs should not be exposed to direct sunlight either in whole or in part. Furthermore, the products/photographs should not be hung directly above objects that produce warmth and heat and should not be exposed to humidity that exceeds the level of normal living spaces. Photographs and other corresponding works of art that were created for indoor use are therefore not suitable for outdoor use, nor for basements, bathrooms and, for example, kitchens. Photographs are also very sensitive to scratches and stains and should therefore only be touched with gloves or similar protection.
8. Acquisition of ownership, exclusion of rights of use
8.1. Ownership of the ordered product passes to the buyer upon delivery, unlessSection 5.4 conflicts with acquisition of ownership. The buyer acquires only the right of ownership of the photographic reproduction, but no copyright rights of use. The buyer may therefore neither copy nor distribute the reproduction. Exhibiting the reproduction and making it publicly available is also not permitted.
8.2. The buyer may resell the item. In the event of such a resale, the buyer must inform FRANK LINDERS GALLERY in writing about the whereabouts of the item.
9. Data protection declarationFRANK LINDERS GALLERY collects and uses the buyer's personal data exclusively within the framework of the provisions of the data protection law of the Federal Republic of Germany. The data required to conclude the contract are stored and only passed on to third parties (e.g. transport companies) to the extent necessary to process the contract.
10 Final provisions
10.1 The legal relationships between FRANK LINDERS GALLERY and the buyer are subject exclusively to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
10.2 In the event that the buyer is a merchant, a legal entity under public law or a special fund under public law, the registered office of FRANK LINDERS GALLERY is agreed as the place of jurisdiction. The same applies in the event that the buyer does not have a general place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after the conclusion of the contract.
10.3 Information on online dispute resolution in accordance with Article 14 paragraph 1 of the ODR Regulation and Sections 36 et seq. of the VSBG:The European Commission provides a platform for online dispute resolution (OS), which you can find athttp://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10.4 Should individual provisions of these General Terms and Conditions of FRANK LINDERS GALLERYbe ineffective, this will not affect the effectiveness of the remaining provisions. Theineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with theineffective or unenforceable provision.
The following terms and conditions apply exclusively to the business relationship between FRANK LINDERS GALLERY and the buyer. Any differing terms and conditions of the buyer will not be recognized by FRANK LINDERS GALLERY and will not form part of the contract even if FRANK LINDERS GALLERY does not expressly object to them.
2. Conclusion of contract
All offers on the FRANK LINDERS GALLERY website www.franklinders.com/shop are subject to change. The products selected by the buyer using the "Add to cart" button are summarized in an order overview at the end of the ordering process. During the ordering process, the information provided can be checked and, if necessary, supplemented and corrected. By clicking on the "Buy now" button, the buyer sends his/her order data and declares bindinglyto FRANK LINDERS GALLERY that he/she wishes to purchase the products listed in the order. After receipt of the online order, the buyer receives an order and contract confirmation electronically, which leads to the conclusion of a contract/ purchase agreement.
3. Cancellation
Buyers who are consumers have a right of cancellation in accordance with the following cancellation policy: Buyers can cancel their contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the item is given to them before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient or a third party designated by him/her who is not the carrier of the item (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB. To comply with the cancellation period, it is sufficient to send the revocation or the item in good time.
The revocation must be addressed to:
FRANK LINDERS GALLERY
Ole Hoop 1A
22587 Hamburg
Germany
Email: shop@franklinders.com
FRANK LINDERS GALLERY points out that there is no right of cancellation for works with a presentation freely chosen by the buyer, personalized items (individually executed customer requests/personal dedications, etc.) and for individually produced photographic prints, as the works created are individually produced according to the buyer's specifications (e.g. special or custom-made) or are not suitable for return due to their sensitive nature (e.g. unframed and unmounted print). For individual products, a right of cancellation is excluded according to Section 312 g Paragraph 2 No. 1 of the German Civil Code.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) must be surrendered. If the buyer cannot return the service received in whole or in part or only in a deteriorated condition, the buyer must pay compensation to FRANK LINDERS GALLERY. This can result in the buyer still having to fulfill the contractual payment obligations for the period up to the revocation. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as would have been possible for the buyer in a store, for example. In addition, the obligation to pay compensation for deterioration caused by the intended use of the item can be avoided if the buyer does not use the item as if it were his/her property and refrains from doing anything that impairs the value of the item. Buyers must bear the costs of return shipments. Obligations to refund payments must be fulfilled within 30 days. The period begins for the buyer with the dispatch of the cancellation notice or the item, for FRANK LINDERS GALLERY with its receipt. FRANK LINDERS GALLERY will use the same means of payment for this refund that the buyer used for the original transaction. Unless something else was expressly agreed with the buyer; under no circumstances will the buyer be charged any fees for this refund. FRANK LINDERS GALLERY may refuse to refund until FRANK LINDERS GALLERY has received the item back or the buyer has provided proof that he/she has returned the item, whichever is earlier.
4. Purchase price, shipping costsThe purchase price shown on the FRANK LINDERS GALLERY website www.franklinders.com/shop for the ordered product includes statutory VAT. Packaging and shipping costs are not included in this price and must be paid additionally by the buyer. The amount of the packaging and shipping costs is determined from the cost table valid at the time of the order, which can be accessed on the FRANK LINDERS GALLERY website. Packaging and shipping costs that arise for special orders based on individual customer requests are calculated on a case-by-case basis and communicated to the buyer in writing before the purchase contract is concluded.
5. Payment, delivery, transfer of risk, retention of title, return costs
5.1. Delivery will only take place after the purchase price has been paid in full (prepayment). The buyer will receive the invoice either with the written contract confirmation or together with the delivery.
5.2. Information on delivery times is non-binding unless FRANK LINDERS GALLERY agrees in writing to adhere to a specific delivery date in individual cases.
5.3. Delivery will be made to the buyer's address or to the delivery address specified by the buyer. The risk of accidental loss and accidental deterioration passes to the buyer as soon as FRANK LINDERS GALLERY has handed over the ordered product to the company commissioned with the transport.
5.4. Ordered products remain the property of FRANK LINDERS GALLERY until all claims against the buyer arising from the purchase contract have been fully met. The buyer may not dispose of products to which such a retention of title applies.
5.5. Buyers who are consumers and who exercise their right of withdrawal in accordance with Section 3 must bear the costs of return shipment. FRANK LINDERS GALLERY expressly recommends an insured return shipment with a tracking number from the company commissioned by the buyer to carry out the transport.
6. Warranty
6.1. Because colors/contrasts/brightness are displayed differently on every screen, deviationsbetween the image reproduction on the Internet and the photographic reproduction delivered are unavoidable.FRANK LINDERS GALLERY does not accept any warranty for such deviations. The warrantyis also excluded for damage that occurs after delivery of the ordered product due toimproper handling or lack of care, environmental influences or natural wear and tear.
6.2. Information on the quality of a product is only binding if it is confirmed in writing by FRANK LINDERS GALLERY when the purchase contract is concluded.
6.3. If the buyer is a company according to Section 14 of the German Civil Code (BGB), any claims for defects require that the buyer has complied with his/her statutory inspection and complaint obligations (Sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or later, FRANK LINDERS GALLERY must be notified of this immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and complain, the buyer must notify obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby timely dispatch of the notification is sufficient to meet the deadline. If the proper inspection and/or notification of defects is missed, our liability for the defect not reported is excluded.
6.3.1. If the ordered item is defective, FRANK LINDERS GALLERY will provide subsequent performance by delivering a defect-free item. In this case, the defective item must be delivered to FRANK LINDERS GALLERY before the subsequent delivery. The costs of this return shipment must be borne by the buyer. Multiple subsequent deliveries are permitted. If FRANK LINDERS GALLERY is unable to deliver a defect-free item or if the subsequent delivery fails the second time, the buyer can reduce the purchase price appropriately or withdraw from the contract.
6.3.2. The buyer's warranty claims against the gallery expire in accordance with statutory provisions.
7. Limitation of liability
7.1. FRANK LINDERS GALLERY is only liable for damages that it or its vicarious agents cause intentionallyor through gross negligence. In the case of damages caused by slight negligence, FRANK LINDERS GALLERY's liability is limited to compensation for damages that are typical for the contract, foreseeable and immediate.
7.2. Excluded from the limitations of liability in accordance with section 7.1 are damages resulting from the breach of acontractual obligation that is of essential importance for achieving the purpose of the contract (cardinal obligation),as well as damages resulting from injury to life, body or health, for which FRANK LINDERSGALLERY is fully liable even in the event of slight negligence.
7.3. Claims for damages by the buyer that result from a breach of duty by FRANK LINDERSGALLERY or its vicarious agents expire in accordance with statutory provisions. Excluded from this areclaims for damages that are based on an intentional or grossly negligent breach of dutyas well as claims for damages due to injury to life, body or health,even if they are based on a slightly negligent breach of duty by FRANK LINDERS GALLERYor its vicarious agents; the statutory limitation periods apply to these claims for damages.
7.4. Photographs and thus the products offered by FRANK LINDERS GALLERY always react sensitively to environmental influences. Appearance, colors, brightness, surfaces and shape can change dynamically. Therefore, the products/photographs should not be exposed to direct sunlight either in whole or in part. Furthermore, the products/photographs should not be hung directly above objects that produce warmth and heat and should not be exposed to humidity that exceeds the level of normal living spaces. Photographs and other corresponding works of art that were created for indoor use are therefore not suitable for outdoor use, nor for basements, bathrooms and, for example, kitchens. Photographs are also very sensitive to scratches and stains and should therefore only be touched with gloves or similar protection.
8. Acquisition of ownership, exclusion of rights of use
8.1. Ownership of the ordered product passes to the buyer upon delivery, unlessSection 5.4 conflicts with acquisition of ownership. The buyer acquires only the right of ownership of the photographic reproduction, but no copyright rights of use. The buyer may therefore neither copy nor distribute the reproduction. Exhibiting the reproduction and making it publicly available is also not permitted.
8.2. The buyer may resell the item. In the event of such a resale, the buyer must inform FRANK LINDERS GALLERY in writing about the whereabouts of the item.
9. Data protection declarationFRANK LINDERS GALLERY collects and uses the buyer's personal data exclusively within the framework of the provisions of the data protection law of the Federal Republic of Germany. The data required to conclude the contract are stored and only passed on to third parties (e.g. transport companies) to the extent necessary to process the contract.
10 Final provisions
10.1 The legal relationships between FRANK LINDERS GALLERY and the buyer are subject exclusively to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
10.2 In the event that the buyer is a merchant, a legal entity under public law or a special fund under public law, the registered office of FRANK LINDERS GALLERY is agreed as the place of jurisdiction. The same applies in the event that the buyer does not have a general place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after the conclusion of the contract.
10.3 Information on online dispute resolution in accordance with Article 14 paragraph 1 of the ODR Regulation and Sections 36 et seq. of the VSBG:The European Commission provides a platform for online dispute resolution (OS), which you can find athttp://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10.4 Should individual provisions of these General Terms and Conditions of FRANK LINDERS GALLERYbe ineffective, this will not affect the effectiveness of the remaining provisions. Theineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with theineffective or unenforceable provision.