General terms and conditions of business
1. Scope
1.1 These general terms and conditions apply to all contracts between Studio Pic.Nic, owner Nicolas Spanier (hereinafter “Studio”) and its clients or customers (hereinafter “Customer”).
1.2 They apply both to entrepreneurs within the meaning of Section 14 BGB (B2B) and to consumers within the meaning of Section 13 BGB (B2C), unless an explicit distinction is made between the two.
1.3 Deviating conditions of the customer are not accepted unless the studio expressly agrees to their validity in writing.
2. Subject matter of the contract
2.1 The subject matter of the contract may in particular be:
- Photographic services
- creative services (design, layout, editorial)
- Preparation of print and publication products
- production and sale of fine art prints
- sale of magazines, books and other printed materials
2.2 The nature and scope of the services result exclusively from an individual agreement, offer or project coordination.
3. Conclusion of contract
3.1 Service projects are agreed on an individual basis. A contract is concluded through written confirmation, project approval or actual assignment.
3.2 When ordering via the online shop, the customer makes a binding offer. The contract is concluded upon acceptance by the studio (e.g. through order confirmation or dispatch).
4. Remuneration and terms of payment
4.1 The remuneration is agreed on an individual basis.
4.2 Advance payments or payment in advance can be agreed on a project-specific basis.
4.3 Invoices are payable in full within 14 days, unless otherwise agreed.
4.4 In the event of late payment, the studio reserves the right to charge statutory default interest.
5. Obligations to cooperate
5.1 The customer provides all information, materials and approvals required to carry out the project in a timely manner.
5.2 Delays caused by lack of cooperation are not at the expense of the studio.
6. Rights of use (services)
6.1 With full payment of the agreed remuneration, the customer receives an exclusive right to use the works created on behalf of the works created on behalf of the contract.
6.2 The studio remains the author within the meaning of copyright law.
6.3 The studio is entitled to use the work created as part of an order for its own purposes, in particular for:
- Self-promotion
- Web site
- Social media
- Exhibitions
- Portfolios
- publications
- Customer acquisition
There is no other economic exploitation or re-licensing to third parties.
7. Reference usage
The studio is entitled to use completed projects by naming the customer as a reference, unless an express agreement to the contrary has been made.
8. Delivery of printed products
8.1 Delivery is made within the EU to the address provided by the customer.
8.2 Delivery times are non-binding, unless expressly assured.
8.3 Shipping costs are shown separately.
8.4 In the case of individually produced fine art prints, there may be slight variations in color and material. These do not represent a defect.
9. Retention of title
Until full payment, the delivered goods remain the property of the studio.
10. Right of withdrawal (only for consumers)
10.1 Consumers are generally entitled to a statutory right of withdrawal of 14 days.
10.2 There is no right of withdrawal in the case of:
- individually made fine art prints
- personalized products, specifically
- produced magazines or books (Section 312g paragraph 2 No. 1 BGB)
10.3 To exercise the revocation, a clear statement by e-mail is sufficient.
11. Warranty
11.1 The statutory warranty rights apply to consumers.
11.2 The warranty period for entrepreneurs is 12 months from delivery.
11.3 Obvious defects must be reported immediately.
12. liability
12.1 The studio is fully liable for intent and gross negligence.
12.2 In the event of slight negligence, the studio is only liable for breach of essential contractual obligations.
12.3 Liability is limited to foreseeable damage typical of the contract.
13. data protection
The separate privacy policy applies to
www.studiopicnic.de/privacy14. Final provisions
14.1 German law applies to the exclusion of the UN sales law.
14.2 The place of jurisdiction for entrepreneurs is the registered office of the studio.
14.3 Should individual provisions be ineffective, the effectiveness of the remaining provisions remains unaffected.