Terms And Conditions
Commercial Use License for Digital Downloads
What you can do: Photographer (“Content Provider”) grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) (collectively “Media”) for permitted commercial purposes, defined as:
advertising, promotion, brochures, packaging as part of a commercial website for promotional purposes use
prints, posters, flyers, tearsheets for promotional purposes (not for resale)
prints, posters, or other commercial display of Media
magazines, books, newspapers, other printed publications
video, broadcast, theatrical
What you may not do: Buyer may not resell, relicense, redistribute without express written permission from Content Provider. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks without permission from the Content Provider. Media may not be made available for download. Content Provider retains all rights, license, copyright, title and ownership of the Media. There is no warranty, express or implied, with the purchase of this digital image or video file. Neither Content Provider will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
Personal-Use and Non-Profit License for Digital Downloads
Photographer (“Content Provider”) grants buyer a non-exclusive perpetual personal-use and non-profit license to download and copy the accompanying image(s) (collectively “Media”) subject to the following restrictions: This license is for personal- and/or non-profit-use only. Personal-use / Non-profit-use means:
You can use the Media for non-profit or personal-use websites or making image prints or video copies.
You can use the Media for display on personal computers.
The Media can be used in non-profit advertising.
The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration for profit. The Media may not be resold, relicensed, or sub-licensed. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider. There are no warranties, express or implied. The Media are provided ‘as is. ‘ Neither Content Provider will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer ‘s use of the Media.
In short summary: These are non-exlusivly rights for your picture. Either you are a professional or a private person: You own the image, you can use it for any kind of legal purpose without relicensing it with hidden payments. The only thing you are not allowed is to claim, that you made it.
All Print-Orders will be submitted to www.theprintspace.de in for this purpose qualified formats and sizes, to make sure that you have the best experience of a high quality photo- resp. fine-art-print.
If you purchase a Photo download, such download will be made available to you through the Services upon bartels.photo’s receipt of your valid Payment Information. If you purchase Photo prints, bartels.photo will use its commercially reasonable efforts to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. bartels.photo is not responsible for any delays in shipping. bartels.photo reserve the right to substitute another carrier of equal or lesser cost to deliver your order at bartels.photo’s discretion. All shipping charges are your responsibility.
All other Terms
§ 1 Scope of this Agreement
1. These general terms and conditions of business (“terms”) are applicable to all agreements with us (bartels.photo(https://bartels.photo)) regarding the sale of our photographs as well as all preliminary contractual obligations. 2. The following terms are applicable to all agreements between us and the client(s). In each case, the version accessible at https://bartels.photo/terms/ at the moment of the submission of the offer by the client is applicable. Deviating terms shall not become a valid part of the agreement, unless we expressly consent to their validity in writing.
§ 2 Conclusion of the License Agreement
1. The offer on our homepage is non-binding. By filling out and sending the order form on our website, the client declares his binding offer to enter into an agreement with us. The offer remains binding for seven days. 2. An agreement shall only be effected by the declaration of acceptance by us. This will regularly happen electronicly or via e- Mail 3. If payment is not received in an orderly manner (in accordance with § 3 of the terms) within five days after the conclusion of the agreement, we will send a reminder to the client (via e-Mail or in another way electronicly). We reserve the right to withdraw from the contract, if no payment is received in an orderly manner within seven 7 days after the receipt of the reminder.
§ 3 Clientʻs Obligations, Payments
1. The client is obliged to pay the agreed purchase price. We accept direct bank transfer or payment via the services of or the usage of a valid credit card (Service used by www.stripe.com)
2. The price includes value added tax if due.
§ 4 Sellerʻs Obligations, Granting of Rights, Liability
1. Place of performance and fulfilment is Erfurt, Germany. The photographs will be made accessible via download (electronic transfer from our servers), if ordered. The number of downloads is unlimited.
2. See the license-section of this page for the granted license-rights.
3. The right to revise the purchased picture is limited to maintenance or reinstatement of the offered and intended functionality.
4. We have the right to retain the granting of rights and the access to the download of the photograph until complete payment of the purchase price.
5. Copyright claims, patent rights, trade mark rights and all other ancillary copyrights are retained by us regarding the legal relations to our clients. If third parties hold any rights we hold the respective right to exploit it.
6. a) The client ‘s claims for damages are excluded from cases in which the damages are not the result of intentional or grossly careless neglect of duty or the result of the breach of essential contractual obligations by us, our legal representatives or agents. Essential contractual obligations are those which enable the fulfilment of the orderly performance of the contract in the first place.
b) Should we violate these essential obligations, we are only liable for such damages which are typically foreseeable for the contract and if these where caused by negligence, except the compensation of the client regarding injuring to life, body or health.
§ 5 Revocation
******************************* Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 1 month. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to:
bartels.photo | Holger Bartels
Schobersmuehlenweg 28, 99089 Erfurt
Phone: +49 (151) 53588900
Consequences of revocation In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction ********************************
§ 6 Final provisions, severability clause and applicable law
1. German law shall apply exclusively to all legal relations between the client and us to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the provisions of international private law.
2. Should a term be or become invalid, the remaining terms shall remain valid. The ineffective term will be replaced by the governing law.
3. If the contracting party is a registered merchant or alegal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the agreement will be Erfurt, Germany.