General Terms & Conditions - Nirina Juliana Photography

General Terms and Conditions of Nirina Juliana Photography

This is a translation. In the case of going to court the German version applies since there could be misunderstandings in the wording of the translation.

1 Scope of application

(1) The following general terms and conditions apply to all legal transactions with consumers and companies with

Kruger, Nirina Juliana

Nirina Juliana Photography

Saargemünder Str. 17

hereinafter called Nirina Juliana Photography or “I”. Legal transactions can be made in person, by telephone, by e-mail, by contact form, by messenger, or via the website.

(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence over any differences in language usage.

(3) These General Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions used by the customer shall not be recognised unless I have expressly agreed to their validity in writing or in text form.

2 Applicable law and consumer protection regulations

(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany, if

a) you have your habitual residence in Germany or
b) as an entrepreneur you book a service / buy a product or
c) your habitual residence is in a country that is not a member of the European Union.

(2) In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code) and you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence which are more favourable for the consumer shall remain unaffected.

Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

(3) Depending on which service Nirina Juliana Photography provides, it can be that additional agreements are made. These agreements e.g. a license agreement, a wedding reportage/portrait reportage supplement the general terms and conditions. In the event of a dispute, the individual agreements made take precedence over these General Terms and Conditions.

(4) The version of these General Terms and Conditions valid at the time of the order shall apply. You will find the status of the GTC at the end of the document.

(5) The prices valid at the time a service is commissioned shall apply.

(6) If certain discount or special offers are advertised, these are limited in time or quantity. There is no entitlement to them.

3 Subject matter of the contract and initial discussion

(1) The following services may be the subject of the contract:

– Creation of portrait pictures

– Creation of wedding pictures

– Creation of business pictures

hereinafter referred to as “photographs”.

(2) “Photographs” within the meaning of these GTC are all products produced by the Photographer, regardless of the technical form or medium in which they were produced or exist (e.g. printed images, negatives, data, digital images and albums, photo books, videos, etc.).

(3) This list under (1) is not exhaustive. You can find the current services and offers at www.nirinajuliana.com

(4) In an initial conversation, Nirina Juliana Photography – usually by telephone, also via Zoom / Skype – will clarify what you would like to see in the photos before preparing your offer. This conversation serves as a basis for the preparation of an individual offer.

The first discussion (clarification of the topic, basic conditions and organisation) lasts approx. 15 min. and is free of charge as well as noncommittal.

(5) After the first meeting Nirina Juliana Photography will send you an offer, which is the basis for the cooperation.

4 Conclusion of the contract

4.1 Booking of services

(1) The basis of the contractual relationship is the offer submitted by Nirina Juliana Photography including the corresponding service descriptions. The offer is based on the information you provided during the initial conversation / telephone call with Nirina Juliana Photography.

Unless otherwise stated, the offer is valid for a period of two weeks from receipt of the offer by the customer.

(2) By accepting the offer, you accept the conditions contained therein and the validity of these General Terms and Conditions. Acceptance may be made by e-mail/ SMS/ Whats-App, Messenger or verbally.

4.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail, SMS, WhatsApp or a Messenger service:

(1) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

(2) Offer:

With the booking you offer me the conclusion of a photo session bindingly.

You also declare that you have read and accepted these terms and conditions. The terms and conditions can be viewed on my website.

(3) Acceptance:

The contract between us comes off with the entrance of my reservation confirmation with you, in text form by E-Mail.

(4) Payment by bank transfer, PayPal, credit card and prepayment are available as payment options. My account details for a bank transfer will be sent to you with the confirmation email.

a) PayPal: By selecting the payment method “PayPal” and the confirmation “Buy Now” you will be redirected to the log-in page of PayPal. After successful registration, your PayPal address and account information will be displayed. The payment is processed via PayPal on their terms. The service is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

b) Visa MasterCard: By clicking on “Continue with credit card” you can deposit your data via a more secure connection and complete your order by clicking on the “Buy now” button. A connection to the respective credit institution will then be established.

c) If the payment method “SOFORT” is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount “IMMEDIATELY”, you must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, legitimise yourself accordingly during the payment process and confirm the payment order to “IMMEDIATELY”. The payment transaction will be carried out immediately afterwards by “SOFORT” and your bank account will be debited. You can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/

d) Prepayment: By selecting “Prepayment” and clicking on the “Buy now” button, you will receive an e-mail from me with the transfer details.

4.3 The following applies to bookings via my website:

VARIANT A: Free or chargeable initial consultation in advance

You book the coaching program/seminar/consulting/buy the product by going through the following steps:

(1) On my website you will find under the point Coaching the exact content of the coaching program / my courses / seminars / my products.

(2) If you scroll down you will see a button: “BOOK YOUR DISCOVERY CALL NOW”. I use the provider Timify for this.

If you click there, a page will open where you can see possible dates. Additionally there is a questionnaire, which you have to fill out. You can either write directly into the questionnaire or send me an e-mail with the information.

This information will of course only be used for the preparation of our telephone call / Skype / Zoom meetings. If no contract with you comes off, I delete these data immediately.

As soon as you have chosen the date, you will receive a confirmation from me. In this e-mail you will also find my current terms and conditions and a declaration of consent for the processing of your personal data.

In our free initial conversation, I will explain to you directly my special offer for you. If you decide to work with me during the conversation, you will receive the e-mail with the confirmation of contract and the first invoice after the telephone call. After that I will send you the access data to my online program / online course.

(4) The payment options are bank transfer, PayPal, credit card and prepayment. My account details for a bank transfer will be sent to you with the confirmation email.

a) PayPal: By selecting the payment method “PayPal” and the confirmation “Buy Now” you will be forwarded to the log-in page of PayPal. After successful registration, your PayPal address and account information will be displayed. The payment is processed via PayPal on their terms. The service is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

Information on the payment method “IMMEDIATELY” can be found on the Internet at https://www.klarna.com/sofort/

d) Prepayment: By selecting “Prepayment” and clicking on the button “Buy now” you will receive a mail from me with the transfer data.

5 Modalities of service provision – photo production

(1) In the case of more extensive recordings or productions, the procedure shall first be roughly determined between the two parties. If the customer has certain wishes, these are to be expressed to Nirina Juliana Photography.

(2) In particular, the client must ensure that on the day of the agreed photo shoot, the selected location can also be used and photographed or filmed. The customer has to take care of an appropriate consent of the owner, unless it was agreed otherwise in writing between the parties.

(3) In the event that Nirina Juliana Photography prepares a cost estimate, it should be noted that this is a non-binding cost estimate based on the client’s information and wishes. Only after the end of the photo shooting can the actual costs be determined and calculated.

(4) In the event that it is necessary to involve third parties (e.g. stylists, make-up artists, assistants), Nirina Juliana Photography is entitled to commission these third parties on behalf of and for the account of the client. In this case, no contract between Nirina Juliana Photography and the third party is concluded.

(5) The photographs shown to the client after the photo production will be selected by Nirina Juliana Photography. An individual agreement deviating from this principle is possible.

6 Provision of photographs for inspection – period for complaints

(1) All photographic material is copyrighted photographic work pursuant to Section 2 (1) (5) UrhG.

(2) The photographic material is the property of Nirina Juliana Photography. The customer is prohibited from using the visual material and from passing it on to third parties.

(3) The client selects those images from the transferred or digitally made available images which he wishes to purchase. The customer shall select the images within 14 days of receipt.

This period also applies to a complaint.

After expiry of this period, the photographic material shall be deemed to have been received in accordance with the contract and in due form. The agreed purchase price then becomes due for all pictures.

(4) A complaint concerning the technical implementation or the artistic design is excluded.

(5) Analogue picture material is to be returned immediately after use, at the latest after 1 month. Alternatively, the images can be purchased by the customer from Nirina Juliana Photography.

The return must be insured. The customer bears the risk of loss or damage of the images until receipt by Nirina Juliana Photography.

(6) Digital image data, which are only made available for viewing by Nirina Juliana Photography and which the client does not wish to acquire, must be deleted after the 14-day period (6.3) or the data carrier must be destroyed. Alternatively, the usage period can be extended against payment of a corresponding license fee.

7 Delivery and access to digital products

This involves access to digital products and advice. Goods are not shipped.

Registration and creation of a user account

(1) If you pay in advance / by bank transfer, there may be a delay in the delivery of the product. If you pay by Paypal or credit card, you will get immediate access to your product.

(2) You will receive the access data to your digital product by e-mail or, depending on the product, by e-mail with a download link or via your account area after registration. Via this link you can download the product from a maximum of 3 different devices within 14 days.

(3) The login data (user name, password, etc.) provided by you during registration must be kept secret and not made accessible to unauthorised third parties. Above all, make sure that you choose a secure password.

(4) Ensure that access to and use of chargeable products using your user data is exclusively by you or authorised users. If there are facts that justify the assumption that unauthorised third parties have gained knowledge of your access data, you should inform us immediately so that we can block or change it.

(5) We may block your access temporarily or permanently if there are concrete indications that you have violated or have violated these GTC and/or applicable law or if we have any other justified, substantial interest in the blocking. When deciding on a blocking, we will take your legitimate interests into account appropriately. In this case you are not entitled to a refund or further claims.

(6) A claim for access only exists after payment of the digital product.

8 Collection, storage and processing of your personal data

(1) Nirina Juliana Photography needs the following data from you for the execution and handling of a booking:

– E-mail address

– First name and surname

– Address data (for proper invoicing)

If you would like to create a customer account, we need the above data and a password of your choice.

(2) Nirina Juliana Photography uses the data you provide without your separate consent exclusively for the fulfilment and processing of your order(s), for example for the delivery of the digital product.

(3) Without additional consent, Nirina Juliana Photography stores your data only within the scope of our tax and commercial obligations.

(4) If your personal details change, you are responsible for updating them yourself. Please email us at management@nirinajuliana.com with your changed contact details.

(5) The data provided by you will remain stored in your customer account until you delete it yourself.

(6) Without setting up a customer account, we store the data only within the scope of our tax and commercial obligations.

(7) If your personal details change, you are responsible for updating them yourself.

9 Right of withdrawal for consumers

(1) As a consumer, you are entitled to a right of revocation in accordance with the instructions listed in the appendix.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.

(2) The revocation period begins with the conclusion of the contract. The contract is concluded at the moment you have accepted Nirina Juliana Photography’s offer.

You can revoke your order within 14 days free of charge, whereby the dispatch of the appropriate form is sufficient for keeping the deadline.

When purchasing a physical product, the withdrawal period begins when the goods have been handed over to you or to a person commissioned by you.

You can cancel your booking free of charge within 14 days, whereby the sending of the corresponding form is sufficient to meet the deadline.

(3) With regard to the right of withdrawal, the following special features apply to digital products:

a) If a digital product (e.g. an online course, an e-book, an audio file, etc.) is purchased and you receive the entire content directly, you waive your right to object.

b) We refer to this directly BEFORE completing the order.

This can be done in the offer e-mail or directly with your product.

I would like to point out that you waive your 14-day right of revocation – as you

1. directly access all course content; or

2. directly download the e-book, workbook etc. or

3. I should start directly with the provision of services (photo session, etc.).

(4) The separate revocation form and the instruction can be found at the end of the GTC.

10 Cancellation regulations for photo sessions

(1) As soon as you have received a confirmation e-mail from Nirina Juliana Photography, Nirina Juliana Photography will keep this date free for you. Therefore Nirina Juliana Photography cannot accept any further offers for this time or this day.

(2) For this reservation a reservation fee of 50% of the total amount (fees for photo shooting and usage fee) is due.

The invoice for this amount will be sent to the customer after the confirmation e-mail from Nirina Juliana Photography.

This reservation fee will be deducted in case of processing the entire order.

The reservation fee will be retained by Nirina Juliana Photography in case of cancellation of the order. It is to be regarded as compensation for the fact that other orders could not be accepted for this date.

(3) The cancellation of the photo shooting is possible up to 21 days before the agreed date without further costs. The reservation fee will be retained as described above.

(4) In the event of cancellation 20 days or more before the agreed date, 50% of the agreed fee shall become due.

(5) In case of cancellation 14 days before the agreed date, the full amount is due.

(6) If the customer books an equivalent photo shoot at a later date – within one calendar year – the cancellation fees paid will be deducted from this amount.

(7) If the photo shooting is interrupted by the customer, for whatever reason, the full fee (photo shooting fee and usage fee for the pictures taken) is due. If no pictures could be taken, only the photo shooting fee is due.

11 Cancellation by Nirina Juliana Photography – Changes in the photo shooting process

(1) If Nirina Juliana Photography is unable to carry out the order due to force majeure, accident or illness, or if it is unable to deliver pictures within a previously specified period, you waive any claims for damages.

(2) Nirina Juliana Photography will make every effort to find a substitute photographer. Should the substitute photographer cause higher costs, these are to be borne by you. Nirina Juliana Photography is not liable in the event that the substitute photographer cancels the order after it has been accepted.

(3) Insignificant changes in the photo shooting process or a reasonable relocation of the photo shooting location do not entitle Nirina Juliana Photography to a price reduction or to withdraw from the contract. If a photo shooting has to be cancelled, Nirina Juliana Photography will refund any amounts already paid promptly. Further claims are excluded, except in cases of intentional or grossly negligent behaviour by employees or other vicarious agents of Nirina Juliana Photography.

12 Photographs taken at events

(1) In the case of photos taken at events, Nirina Juliana Photography points out that the customer (wedding couple, organiser, etc.) must ensure that the participating guests are informed that photos will be taken or films made at the event. If guests do not wish this, they must inform the organiser.

(2) The client (organiser) must inform Nirina Juliana Photography of this and ensure that these persons are not to be seen in group pictures, etc. The client (organiser) must inform Nirina Juliana Photography of this.

(3) If the client fails to provide the aforementioned information and consent in accordance with Art. 6 Para. 1 S.1 lit a) DSGVO or 22 KUG to his guests and/or the Nirina Juliana Photography, the client shall indemnify Nirina Juliana Photography against all claims asserted by third parties with regard to a violation of her personal rights, etc. The client shall be obliged to inform Nirina Juliana Photography of any such claims.

(4) In addition, the client must clarify in advance whether photography or filming is permitted in the respective location (hotel, guest room, church, etc.). He must obtain the consent of the owner here. A corresponding sample form can be made available to the client on request without Nirina Juliana Photography assuming liability.

(5) If the client fails to make this request and the owner or an authorized third party prohibits Nirina Juliana Photography from taking photographs, the client must pay all agreed fees.

(6) The customer must also clarify in advance what the division of tasks should look like if several photographers are present.

13 General information for photo shootings by Nirina Juliana Photography

As a customer of Nirina Juliana Photography, we ask you to read the following instructions carefully and to observe them:

(1) You should arrive at the photo studio at least 15 minutes before the agreed date. If you are late, this time will be deducted from the recording time. It is up to Nirina Juliana Photography to deviate from this in individual cases.

(2) Nirina Juliana Photography assumes no liability for valuables brought along.

(3) Please remember to bring enough food (drinks and a snack) for a break during a longer photo shooting.

(4) You are obliged to cooperate within the framework of the legal provisions in the event of any service disruptions, to avoid any damage or to keep it to a minimum. In particular, any complaints must be immediately brought to the photographer’s attention. If the customer culpably fails to report a defect, he forfeits his claim to a reduction in payment.

(5) Photographs – especially those taken in the so-called outdoor area – are never without a residual risk. You are only insured against an accident and salvage within the scope of your own accident insurance. Nirina Juliana Photography assumes no liability for this.

14 Editing of the pictures

(1) The images are basically optimized by Nirina Juliana Photography. An extensive retouching represents a high expenditure, which you must order separately and also remunerate.

(2) After sending the pictures or providing access to the photos you have created, you have the unique opportunity to express wishes regarding a different processing, if the processing presented does not correspond to the usual style of Nirina Juliana Photography.

The customer can get an impression of the usual style from the pictures shown on the website / Facebook page.

(3) The customer has the right to claim the processed images for 14 days. After handing over the photographs or accessing the image files, you must notify Nirina Juliana Photography of any complaints in writing within 14 days (email is sufficient). After expiration of this

After the deadline you have accepted the pictures as proper and in accordance with the contract, so that the payment for all pictures is due.

15 Rights of Use and Copyright

(1) Nirina Juliana Photography is entitled to the copyright of all photo and video recordings made in accordance with the Copyright Act.

(2) Photographs are mainly taken for the private use of the client. The customer receives a simple, non-transferable, temporally and spatially unrestricted license to use the pictures produced for him privately and also to pass them on in the family and circle of acquaintances.

(3) In the case of application pictures, sending them to third parties is part of the usual use.

(4) Duplication, processing and distribution of the photographs is not permitted.

(5) Likewise a use as profile picture in Social Media is permitted, provided that the correct copyright marking takes place.

(6) If the customer wishes to use the photographs commercially, e.g. for his company website, for advertising purposes, on flyers and in social media, this must be agreed separately within the framework of a licence agreement. There it is stated for which purposes the rights of use are transferred.

(7) Nirina Juliana Photography grants the client the rights of use to the intellectual property rights of the services provided by Nirina Juliana Photography exclusively for the specifically agreed use. The scope of such grants of rights in terms of space, time and subject matter depends exclusively on the contractual agreement and the purpose of the contract. § Section 31 (5) UrhG also applies to all services not protected by copyright. Rights shall only be transferred if this has been expressly agreed in writing. The customer acquires the contractually agreed rights only upon full payment of all claims arising from the order.

(8) If the client wishes an extended right of use or the original files of the photographs for further processing after completion of the order, Nirina Juliana Photography must be informed or the file requested. For the extension there are user fees, which have to be calculated according to the scope of the right of use. If an original file is made available, double the remuneration of the previous order can be charged as remuneration.

(9) Nirina Juliana Photography retains ownership of the negatives, the raw files of the images and the digital data carriers created for the execution of the customer order.

(10) Upon request by Nirina Juliana Photography, the client is obliged to inform Nirina Juliana Photography about the scope of use of the services.

(11) In the case of publications, the customer shall name Nirina Juliana Photography as the author in a manner customary in the industry.

In the case of publications, the customer shall name Nirina Juliana Photography as the author as follows:
Nirina Krueger – www.nirinajuliana.com

The copyright notice must be given directly on the image. The copyright notice must be included in the imprint.

A publication in the social media is permitted exclusively for private purposes. Deviations from this principle are to be agreed separately between the parties and are subject to a fee.

(12) The transfer of the rights granted to the customer to third parties or a use for other than the contractually agreed purposes requires the separate written consent of Nirina Juliana Photography in individual cases.

16 Customer images that were not created by Nirina Juliana Photography and their processing or further processing

(1) If the customer delivers or sends his own images for further processing or product manufacture, Nirina Juliana Photography has a copyright to the product created, the copyright to the image lies with the customer.

(2) The customer declares that he is the author of the pictures when sending the pictures. If you should not be this, you are liable opposite us that you may use the pictures without reservation in the context of the above rights of use. In this respect you release Nirina Juliana Photography from any claims of third parties.

(3) Nirina Juliana Photography is entitled to check the image files sent or transmitted by the customer for processing to see whether they violate the company guidelines of Nirina Juliana Photography (e.g. no nude photos). In this case, Nirina Juliana Photography is entitled to destroy the images and not execute the order.

Nirina Juliana Photography is not obliged to check compliance with statutory provisions or other regulations.

(4) A liability of Nirina Juliana Photography for the images / videos provided by the customer is excluded. The client exempts Nirina Juliana Photography from any liability, including the costs of necessary legal defence against third parties, for such content.

(5) If services of Nirina Juliana Photography are not usable partially or in total due to the images provided by the client, the claim of Nirina Juliana Photography for compensation remains unaffected.

(6) If the customer provides Nirina Juliana Photography with files of images for the execution of an order (e.g. printing on a T-shirt, mobile phone cover, key fob), Nirina Juliana Photography is granted a simple right to use the image files for the purpose of manufacturing the products. This also includes the processing of the images.

17 Obligations to cooperate – deadlines and force majeure

(1) Delivery dates and deadlines for Nirina Juliana Photography regarding the delivery of the pictures are always subject to confirmation and are only binding if they are expressly agreed in writing (e-mail is sufficient) as a fixed date in individual cases.
Nirina Juliana Photography endeavours to make the pictures available within 6 weeks.

(2) The compliance of Nirina Juliana Photography with a deadline or a deadline agreed as binding presupposes that Nirina Juliana Photography has received all information, releases or other contributions to be procured by the customer, including due installments, on time. If this is not the case or if the non-compliance with a deadline is due to circumstances for which Nirina Juliana Photography is not responsible, the deadline shall be extended at least for the period in which these circumstances existed.

(3) Force majeure, unavoidable circumstances or other unforeseeable, serious and unindebted events, which make the performance of the service considerably more difficult or temporarily impossible, entitle the respective party to postpone the performance of the service for the duration of the hindrance and a reasonable start-up period.

18 Remuneration modalities – user fees

(1) The invoice is based on the fees stated in the respective offer of Nirina Juliana Photography.

The prices indicated in each case are valid without value added tax, since Nirina Juliana Krüger is exempted from the value added tax.

(2) If no fee has been agreed, the fees of the current picture fee overview of the Mittelstandsgemeinschaft Foto- Marketing (MFM) apply. The prices indicated in each case are valid without value added tax, since Nirina Juliana Krüger is exempt from value added tax.

(3) Further costs, such as travel expenses, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne by the client in addition.

The costs shall be calculated as follows:

– Travel costs in the amount of 1 € / per kilometre or part thereof

– Overtime in the amount of 150 € for each half hour or part thereof

– Make-up/ Stylist

– overnight expenses

(4) The customer is not entitled to assert or set off a right of retention against payment claims of Nirina Juliana Photography, unless these are undisputed or titled counterclaims of the customer.

(5) As far as the client uses services of Nirina Juliana Photography to a greater extent than intended at the time of the conclusion of the contract, so that the agreed remuneration is in conspicuous disproportion to the income and advantages from the use of the services, the client is obliged to agree to an amendment of the contract on request, which grants a remuneration of Nirina Juliana Photography which is appropriate according to the circumstances.

19 Duration of a counselling unit and place of counselling

(1) As a rule, a counselling unit comprises 60 minutes.
(2) The consultation usually takes place 1:1 or in small groups.

(3) Unless otherwise agreed between the parties, the coaching sessions shall take place online via Skype or Zoom.

20 Scope of Services and Services Not Used in Consultation

(1) The scope of services depends on the consulting booked in each case.

(2) Should a consultation from my side – e.g. due to illness – be cancelled, this appointment will be made up. In the event that this is not possible, you will be reimbursed the amount paid (pro rata).

(3) If you cancel an appointment, it depends on the time of cancellation whether we make up for the consultation or whether it expires. You can find the rules under 11.

21 Cancellation conditions coaching

(1) Cancellation of a coaching appointment up to 3 days before the appointment is possible free of charge. You must then contact Nirina Juliana Photography for a new coaching appointment.

(2) In case of a cancellation from 3 days until 48 hours before the appointment, 50% of the (pro rata) amount will be due.

(3) If you cancel 48 hours or more before the appointment, the total (pro-rata) amount will be due.

(4) If you cancel a coaching or consulting session, the full fee will be retained, unless a medical certificate is available.

(5) Cancellation must be made in writing (e-mail) to the e-mail address hello@nirinajuliana.com .

22 Cancellation of coaching or programs by Nirina Juliana Photography

(1) I am entitled to cancel a group mentoring/coaching at short notice if not enough participants have registered.

(2) I am also entitled to cancel a 1:1 or group mentoring if the speaker falls ill at short notice and no replacement can be provided.

(3) In cases 1 and 2 we first try to find an alternative date. If this is not possible, the participation fee will be refunded. Further costs that you have incurred, such as travel expenses, accommodation costs, etc., will not be covered.

(4) If you act contrary to the contract by violating these general terms and conditions, I have the right to exclude you from the mentoring/coaching.

This is especially the case if you disturb the course of the coaching/mentoring and do not omit it even after a request.

(5) I am also entitled to exclude you from the coaching/ mentoring if you repeatedly fail to keep your appointment, e.g. as a result of missed appointments.

(6) In the cases of paragraphs 4 and 5, I will not refund any costs to you.

23 Copyright of my documents and online courses

(1) The files and documents may only be retrieved (downloaded) and printed out by you as my customer and only for your own further training. Downloading and printing files is only permitted within this scope. In this respect, you as the customer may also have the printout carried out with the technical support of third parties (e.g. a copy shop).

Otherwise, all rights of use to the files and documents remain reserved. This means that you do not receive any additional rights of use. Therefore in particular the production of copies of files or expressions for third, the passing on or forwarding of files to third or the other utilization for other than own study purposes, whether against payment or free of charge, requires also after completion of the consultation the express previous written agreement of me.

A whole or partial commercial use is excluded.

(2) The trademarks and logos listed on the documents are protected by copyright law.

As a customer, you are obliged to use the documents and files accessible to you only to the extent expressly permitted here or by virtue of mandatory statutory regulations, even without the consent of me, and to prevent unauthorised use by third parties. This also applies after the end of the consultation.

(3) Forms of use which are permitted due to mandatory legal provisions shall of course remain excluded from this reservation of consent.

24 Own provision of suitable IT infrastructure and software

As a participant, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and other technical equipment and software (in particular web browsers and PDF programs such as Acrobat Reader®) necessary for the use of Nirina Juliana Photography’s online services yourself and at your own expense and risk.

25 Liability for course content

(1) In my personality development courses I only give recommendations for action. The implementation of these recommendations is your sole responsibility.

(2) The documents contained in the course are samples that you must adapt to your company/needs. A liability for completeness and topicality of these documents is not taken over.

26 Deadlines of Nirina Juliana Photography and Force Majeure

(1) Deadlines set for Nirina Juliana Photography are always subject to change without notice and are only binding if they have been expressly agreed in writing as a fixed date in individual cases.

(2) Nirina Juliana Photography’s compliance with a deadline or a deadline agreed as binding presupposes that Nirina Juliana Photography has received all information, releases or other contributions to be procured by you, including due installments, on time. If this is not the case or if the non-compliance with a deadline is due to circumstances for which Nirina Juliana Photography is not responsible, the deadline shall be extended at least for the period in which these circumstances existed.

27 Invoicing, maturity and retention of title

(1) Nirina Juliana Photography is entitled to invoice an advance payment of 50% of the agreed or expected remuneration after placing the order. In addition, Nirina Juliana Photography is entitled to invoice the customer for partial payments for services already rendered.

(2) The invoicing by Nirina Juliana Photography takes place after the partial or total service has been rendered.

(3) An invoice will always be sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to Nirina Juliana Photography within 14 days.

(4) If you are in default of payment or otherwise in default, Nirina Juliana Photography is entitled to refuse the service or delivery until all due payments have been made. In addition to interest on arrears at a legally determined rate, you must pay EUR 5.00 per reminder from Nirina Juliana Photography. Nirina Juliana Photography is furthermore entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights apply without prejudice to other contractually agreed or statutory rights and claims of Nirina Juliana Photography.

(5) In some cases Nirina Juliana Photography also offers payment by instalments. The total amount may be increased compared to a full payment. A premature cancellation of an installment payment agreement is possible by way of premature repayment – you have the right at any time to pay the full amount (but then the possibly increased installment payment amount) before the end of the agreed time in part or in full.

(6) For late payments, both for purchase on account and purchase by instalment, as well as for payment by SEPA Basic Direct Debit, default interest will be charged in the agreed amount as well as costs for appropriate reminders. If the internal dunning procedure is not successful, I can transfer the outstanding claim to a lawyer for collection. In this case you may incur costs for legal representation.

(7) If we have agreed an installment payment and you do not pay after a reminder in text form and setting a grace period, I am entitled to terminate the installment payment prematurely and the entire outstanding amount is then immediately due.

(8) If you have issued a debit note to Nirina Juliana Photography and an amount cannot be withdrawn from your account as agreed, you must reimburse us for the resulting costs.

(9) You are not entitled to assert or set off a right of retention against payment claims by me, unless these are undisputed or titled counterclaims.

28 Termination of the Contract

(1) The contract may be terminated without notice for good cause. An important reason is always given if the relationship of trust between the parties to the contract is so lastingly disturbed for the terminating party due to the reason given by the other party to the contract that a continuation of the contract is no longer reasonable.

(2) An important reason exists in particular:

- in the event of non-payment of the down payment
- in the event of repeated failure by the customer to comply with its obligations to cooperate in the event of a change of partners or shareholders of the other contracting party, provided that this results in an objective reason against the continuation of the contract,
- if insolvency proceedings are opened against the other contracting party or the opening is refused for lack of assets or liquidation or similar with effects on the undisturbed execution of this license agreement, in particular the discontinuation of business operations.

(3) All fees incurred by Nirina Juliana Photography are to be paid until the date of termination.

29 Know-how Protection and trade secrets

(1) You are aware of the fact that all information which you receive during our cooperation about the way in which I perform my services (ideas, concepts and operating experience (know-how) which I have developed and which are to be kept secret due to legal regulations or the nature of the matter are subject to trade secrecy. For this reason, you undertake to maintain the trade secret and to keep the aforementioned information confidential. In addition, you are not entitled to use this information outside of our contract. Commercial use is prohibited in any case and always requires my express permission.

In the context of an agreed testimonial, you are entitled to talk/to write about the way of cooperation with me.

The obligation to keep the trade secret is effective beyond the end of the cooperation of the parties.

(2) Information is not affected by the secrecy,

that were already known prior to the confidentiality obligation,

developed independently by Nirina Juliana Photography,

were or are publicly accessible upon receipt of the information or subsequently became publicly accessible through no fault of the Contractor.

(3) An appropriate contractual penalty shall be due for each violation of the confidentiality obligation.

30 Liability of Nirina Juliana Photography and Statute of Limitations

(1) Nirina Juliana Photography is liable to the customer, except in cases of injury to body, life or health and in breach of main obligations, for damages only in cases of intent or gross negligence.

(2) Otherwise, the liability of Nirina Juliana Photography is limited to contract-typical and foreseeable damages. A reimbursement of the foreseeable, typically occurring damage is also limited to a maximum of 5 times the amount of the order. The liability for indirect damages is excluded.

(3) Each photographer has his own artistic style. On the website as well as on the Facebook page, the Instagram profile etc. of Nirina Juliana Photography and in the preliminary discussion the customer can take a picture of it and express his own wishes in advance. The artistic and technical design is the sole responsibility of Nirina Juliana Photography. If the customer subsequently does not agree with the technical and / or artistic design, this does not constitute a material defect within the meaning of § 434 BGB or § 633 BGB.

(4) Nirina Juliana Photography is not liable for the violation of rights of depicted persons or objects – unless there is a corresponding written property release.

(5) Nirina Juliana Photography is not liable for compensation claims of third parties against the customer, which arise through the connection of images and text created by Nirina Juliana Photography. The representation of pictures in a certain context is the sole responsibility of the customer.

(6) If Nirina Juliana Photography is held liable by third parties for injunctive relief or damages due to processed images provided by the customer, the customer releases Nirina Juliana Photography from liability and reimburses Nirina Juliana Photography for all expenses incurred for legal defence. The remuneration claim of Nirina Juliana Photography remains unaffected.

(7) The liability of Nirina Juliana Photography for damages to Nirina Juliana Photography caused by the customer provided documents, in particular photographs, films, data, etc., is limited to the material value of the provided information. Nirina Juliana Photography is only liable for the loss of data if the liability conditions are met and if the loss could not have been avoided through appropriate data backup measures by the customer.

(8) Nirina Juliana Photography is not liable for the availability or correct functioning of infrastructures, software or transmission paths of the Internet which are not the responsibility of Nirina Juliana Photography.

(9) All claims against Nirina Juliana Photography for warranty of defects by merchants shall become statute-barred after a period of one year – except in the case of intent – insofar as no shorter statutory limitation period applies.

(10) All claims against Nirina Juliana Photography for warranty of defects by consumers shall become statute-barred after a period of two years – except in the case of intent – unless a shorter statutory limitation period applies.

(11) The above limitations of liability shall apply mutatis mutandis to employees or legal representatives of Nirina Juliana Photography and third parties engaged by Nirina Juliana Photography.

31 Liability when renting a photo box

(1) If a Photobox is rented from Nirina Juliana Photography, the Client must ensure that this Photobox is handled properly.

The Photobox may only be used in dry indoor areas. In addition, the

Read the operating instructions carefully before putting the photobox into operation.

All accessories and the photobox itself must be returned to Nirina Juliana Photography undamaged and in their original condition (without stickers, etc.).

(2) The replacement of missing or damaged parts will be charged to the customer in full. The same applies to any necessary cleaning services.

(3) Nirina Juliana Photography is liable for damages on the way to the customer. As soon as the photo box for completeness and functionality check.

Nirina Juliana Photography must be informed within 24 hours about missing accessories etc..

(4) Damages resulting from the following conduct must be reported by the customer in the

be borne in full:

– Improper operation of the photo box

– Manipulation of the photo box

– Opening of the photo box

– Theft of the photo box

– Inappropriate use of the photo box

32 Storage of negatives and liability for image quality

(1) The photographer is entitled to keep the RAW files as long as it is necessary to be able to prove his copyright.

Nirina Juliana Photography may store the negatives for up to 3 years, but is not obliged to do so if she has obtained permission to do so. After that he is obliged to delete them irrevocably.

(2) Nirina Juliana Krüger is only liable for lightfastness and the quality of materials to the extent that the manufacturer of the product offers a corresponding guarantee.

33 Damages and contractual penalty

(1) The client is obliged to pay Nirina Juliana Photography a surcharge of 100% on the agreed usage fee or a customary usage fee for omitted or incorrect copyright identification or incorrect placement of the identification.

(2) Subject to any further claims for damages, the Client shall pay a contractual penalty in the amount of four times the agreed or customary usage fee for each case of unauthorized (without the written consent of Nirina Juliana Photography) disclosure to third parties, unauthorized falsification and processing, publication, use of the photographic material by the Client or a third party.

34 Amendment of these General Terms and Conditions

These GTC may be amended if there is a material reason for the amendment. These can be, for example, changes in the law, changes in case law or a change in economic circumstances. I will inform you in good time about the planned changes. After the information you have a 14 day right of withdrawal.

35 Final provisions

(1) The terms and conditions written here are complete and final. Amendments and supplements to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract – whereby e-mail is sufficient.

(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and either moved out of Germany at the time we brought the action or if your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of my company in Düsseldorf.

(3) We draw your attention to the fact that, in addition to ordinary legal action, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.

(4) Should a provision of this contract or a part of a provision be or become invalid, or should a loophole occur that needs to be filled, this shall not affect the validity of the remaining provisions of this contract. The contracting parties undertake to replace any ineffective provision by a new provision which comes as close as possible to the legal and economic content of the ineffective provision. In the same way, the contracting parties shall close any gap in the provision that may need to be filled.

Version of the GTC: 2

Status of the GTC: 16.11.2019

CONTRACTION RIGHTS for consumers

As a consumer, you have the right to withdraw from the contract within fourteen days without giving any reason.

You have no right of withdrawal if you have expressly agreed in your booking that the service is to be started before the end of the withdrawal period.

The same applies if you have gained access to a digital product whose contents you can use directly.

You have thus effectively waived your right of withdrawal. We have informed you of this prior to the conclusion of the purchase.

Start of period for online products/ bookings of courses/ booking of consultations/ coaching

The revocation period is fourteen days from the date of conclusion of the contract. The contract is concluded on the day on which you receive a confirmation e-mail from us after successful booking of a consultation/course.

You have a 14-day right of withdrawal for each booking. In order to exercise your right of withdrawal, you must

Nirina Juliana Photography

Saargemünder Str. 17

40468 Düsseldorf

management@nirinajuliana.com

inform you in a clear statement (e.g. a letter, fax or e-mail sent by post) about your revocation of this contract. You may use this sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

FOLLOWING THE REVOCATION

If you revoke this Agreement, we shall refund to you all payments we have received from you within fourteen days of the date on which we received notice of your revocation of this Agreement at the latest. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you made the payment by bank transfer, please send us your account details again, as we will only see part of your account details on the bank statement.

SAMPLE REVOCATION TEMPLATE

The model for the revocation form is based on Annex 2 to Article 246a § 1 (2) sentence 1 no. 1 and § 2 (2) no. 2 Introductory Act to the German Civil Code (Introductory Act to the Civil Code).

(If you want to cancel the contract, please fill out this form and send it back.)

I/we (*) hereby revoke the contract concluded by me/us (*) for the booking of the following consultation XY/ the purchase of product XY/ (description so that it can be clearly established which consultation the revocation refers to)

- booked on_________ (*)/ purchased on (*)_________
- Name of the consumer(s);
- Address of the consumer(s); where applicable, account details for the refund
- Signature of the consumer(s) (only for paper communication);

Date

Follow me on Social Media

“Don't call it a dream, call it a plan”