Terms and Conditions

§1. General
1.1 The following terms and conditions apply to all orders, offers, deliveries and services carried out by Dominika Cody Photography.
1.2 The terms and conditions serve to regulate the content of the order. Changes or additions to these terms and conditions require the written form and must be expressly marked as such. The contracting parties agree that only these terms and conditions of the photographer apply. Other terms and conditions of the client do not apply.
1.3 “Photographs” in the sense of these terms and conditions are all products produced by the photographer, regardless of the technical form or in which medium they were created or are presented. The client acknowledges that the image material provided by the photographer is a copyright -protected photographic works within the meaning of Section 2 (1) Section 5 Copyright Act.

§2 Contraction compliance
2.1 The client confirms to be of legal age or to have a written permission of a legal guardian.
2.2 The client must ensure that the photographer has all the information required for the execution of the order.
2.3 Dominika Cody undertakes to present a picture selection via zoom or personally to the client within 7 working days from the photo shoot. The client is not entitled to use, reproduce and/or publish these preview images as screenshots. If the client has made its selection and paid overall remuneration due to its final order, it can take another 2-4 weeks for the finished products to be handed over to the customer. In the case of longer production and delivery periods of external providers, the delivery time may be extended.
2.4 With booking a photo shoot or redemption/purchase of a voucher, the order becomes binding.

§3 remuneration & retention of title
3.1 The basic fee of € 50 is transferred to the photographer’s bank account in advance and sees itself as an appointment reservation fee. This sum is deducted from the final invoice.
3.2 The full invoice amounts must be paid within 7 days of the invoice at the latest, provided that no other payment period is specified.
3.3 The photographers’ owned photographers remain the ownership of the photographer.

§4 Picture editing, design & retouching
4.1 If the client did not provide any express instructions regarding the design of the photographs, the photographer is free to appear in terms of image view and the artistic-technical design. Complaints in this regard are excluded.
4.2 The photographer himself determines the effort of the retouching.
4.3 The client knows the photographer’s editing style and agrees that his photographs will be processed in a similar style.
4.4 Retouching work that is sufficient for the usual processing time of the photographer or need a particularly high effort can be calculated with an additional fee. This depends on time and effort.

§5 Delivery of photographs and archiving
5.1 The customer only receives the edited product.
5.2 The photographs are optimized by Dominika Cody Photography on white balance, brightness, contrast and color saturation for the view. Only after professional image processing are photographs delivered as JPG files via data upload. The deadlines specified in §2.3 extends accordingly.
5.3 After receiving the photographs, the client is solely responsible for the proper storage and securing of the files. It is recommended to secure the images on at least one other data carrier. Dominika Cody Photography secures the photographs cast for 6 months after the shoot. Images that are not selected are deleted after one month.
5.4 The client is obliged to check the products or services supplied by Dominika Cody Photography immediately after receipt for completeness and correctness. Damage or complaints that affect the content, quality or condition of the images or products must be reported in writing within 5 working days from receipt. Otherwise the goods are considered approved.

§6 Copyright
6.1 The copyright of the photographs always lies with the photographer.
6.2 The photographs made by the photographer are generally only intended for the client’s own private use. A private right of use applies. Other types of use are to be recorded and compensated in writing.
6.3 The rights of use only go to the photographer after the fee is paid in full. Section 31 (5) UrhG is relevant
6.4 The client has no right to reproduce and spread photographs unless the corresponding rights of use have been transferred.
6.5 When using the photographs in online and print media, the photographer is to be mentioned as the author of the photo: Dominika Cody Photography or Dominikacody.com
6.6 Participation in competitions and other competitions with the photographs is not permitted.
6.7 The subsequent editing of the photographs by the client is not permitted. This also includes “photo filters” of social media platforms such as Facebook, Instagram, etc.
6.8 The photographer reserves the right to charge a contractual penalty in the amount of the damage caused if the copyright is disregarded. There can also be a complaint for copyright infringement.
§7 reservation, cancellation and postponement
7.1 As soon as the customer has received a confirmation email from the photographer, the photographer is clearing this appointment for the customer. He cannot accept any further offers for this period.
7.2 For this reservation there is a basic fee of € 50, which is generally not refunded. The appointment is only reserved after receipt of payment.
7.3 The basic fee of € 50 is deducted from the final amount.
7.4 The cancellation of the shoot is possible up to 24 hours before the agreed date without further costs.
7.5 If a cancellation under 24 hours before the agreed date, the entire shooting amount is due.
7.6 If the shooting is canceled by the customer, regardless of the reason, the complete fee of the booked order is due.
7.7 Shifting of the appointment is possible until 24 hours before the shoot and only due to force majeure. A new date is offered for a shift. Dominika Cody cannot guarantee that the new appointment will be offered at a desired period.
7.8 If the client and Dominika Cody cannot agree on a new appointment, the reservation will be canceled.
7.9 If Dominika Cody cannot perceive the appointment due to force majeure (accident, natural disaster, death in the family, etc.), already paid invoices for the not carried out shoot will be fully refunded. Dominika Cody cannot be prosecuted and no compensation can be required.

§8 data protection
Dominika Cody undertakes to publish photographs only with the consent of the person depicted. Customer address data are used exclusively to carry out the order. Under no circumstances are personal data passed on to third parties.

§9 final provisions
9.1 Place of performance for all obligations from the contractual relationship is the business seat of Dominika Cody Photography
9.2 German law applies.
9.3 Contract changes require the written form.