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Terms and Conditions

1. General

The subsequent General Terms and Conditions of Business shall apply to all orders, quotations, supplies and services implemented by botanikfoto. They are deemed to have been agreed following the customer's receipt of botanikfoto's supplies, services or quotation, in any case following acceptance of the photographic material for publication at the latest. Diverging Terms and Conditions of Business stipulated by the customer shall not be valid unless approved in writing by botanikfoto.

2. Photographic Material

The General Terms and Conditions of Business apply to all photographic material provided to the customer, irrespective of its completion stage or available technical format. The conditions shall apply especially to electronic or digitally transmitted photographic material. The customer shall treat the photographic material with due care and may only pass it on to third parties for internal business purposes, i.e. inspection, selection and technical processing. Complaints relating to the content of the supplied items or the content, quality or state of the photographic material, must be communicated within 48 hours of receipt. The photographic material is otherwise deemed to have been delivered appropriately, in accordance with the contract and as noted.

3. Rights of Use

In principle, the customer only acquires a non-exclusive licence for one-time use. Exclusive rights or blocking periods must be agreed separately and are subject to a minimum surcharge of 100% on the relevant basic fee. The delivery only constitutes the transferral of the right of utilisation for the one-time use of the photographic material for the purpose specified by the customer. Any use, utilisation, duplication, dissemination or publication beyond this is subject to payment and requires prior explicit approval by botanikfoto. The customer is not authorised to transfer the rights of utilisation granted to him to third parties including other group companies or subsidiaries, either in whole or in part. The customer is obliged to identify each image with a credit line.

4. Fees

The agreed fee shall only be valid for the non-recurrent use of the photographic material for the agreed purpose. In the event that the fee is also to include further use, this must be agreed separately. The fee shall also be settled in full if the commissioned and supplied photographic material is not published. The fee shall be paid within 14 days of the invoice date at the latest, unless a shorter payment period is stipulated in the invoice. Following a reminder, the customer is deemed to be in default. When default occurs, interest of 10% p.a. shall be payable on this fee.

5. Limit of Liability

Under no circumstances will botanikfoto be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this site or use of the photographic material on this site. botanikfoto identified the captions for the photographic material to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. botanikfoto does not assume any responsibility or liability for harms associated with the use of plants (i.e. fungi or medicinal plants). Always contact your doctor or pharmacist for advice and information about the proper and safe use of medicinal plants.

6. Refund Policy

Individual users who bought images for their personal use (i.e. not for business purposes) may cancel their purchase from botanikfoto and obtain a refund provided that they do so within two weeks of the invoice date. In the case of cancellation of a purchase all downloaded images must be deleted.

7. Severability Clause

In the event that one or several terms of these General Terms and Conditions of Business are void or ineffective, the validity of the remaining terms shall not be affected. The parties are obliged to replace the invalid term with an analogous, effective regulation.

8. Governing Law

Ancillary agreements to these General Terms and Conditions of Business must be implemented in writing in order to be effective. These General Terms and Conditions of Business are governed by German law. The place of performance and court venue shall be Berlin.