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 images and videos 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 Images and videos
The General Terms and Conditions of Business apply to all images and videos provided to the customer, irrespective of their completion stage or available technical format. The conditions shall apply especially to electronic or digitally transmitted images and videos. The customer may only pass images and videos 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 images and videos, must be communicated within 48 hours of receipt. The images and videos are otherwise deemed to have been delivered appropriately, in accordance with the contract and as noted.
§ 3 Rights of use
Images and videos obtained by the customer for one-time use may be used for the specified purpose only. Any use, utilisation, duplication, dissemination or publication beyond this is subject to payment and requires prior explicit approval by botanikfoto. Images and videos obtained by the customer as Royalty Free may be used, unlimited as to time and place, for any editorial, commercial, promotional, advertising and merchandising use. The customer is responsible to determine whether model and property releases required for the intended use are available. 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 and video with a credit line where possible.
§ 4 Fees
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. The fee shall also be settled in full if the commissioned and supplied images or videos are not published.
§ 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 images and videos on this site. botanikfoto identified the captions for the images and videos to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information.
§ 6 Refund policy
botanikfoto is selling to business and corporate customers only. Therefore botanikfoto can't give refunds or accept returns.
§ 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.