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 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
The General Terms and Conditions of Business apply to all images provided to the customer, irrespective of their completion stage or available technical format. The conditions shall apply especially to electronic or digitally transmitted images. Complaints relating to the content of the supplied items or the content, quality or state of images, must be communicated within 48 hours of receipt. The images are otherwise deemed to have been delivered appropriately, in accordance with the contract and as noted.
§ 3 Image packs
The purchase of an image pack entitles the holder to download a number of royalty-free images free of charge, depending on the image pack. The image pack starts at 0:00 on the day of purchase and ends one year later at 23:59 Central European Time (CET). Unused downloads expire at the end of the image pack. The image pack does not have to be cancelled and is not automatically renewed. The buyer acknowledges that not all offered images may be available within the scope of an image pack. If the customer does not fulfill his obligation to pay, botanikfoto reserves the right to block the image pack after an appropriate reminder. The rights of use of already downloaded images expire in this case until payment of outstanding amounts. In the event of botanikfoto going out of business, the buyer is entitled to a pro-rata refund of any image pack already paid for.
§ 4 Image subscriptions
The purchase of an image subscription entitles the holder to download a number of royalty-free images per month free of charge, depending on the image subscription. The image subscription starts at 0:00 on the day of purchase and ends after twelve months at 23:59 Central European Time (CET). Each subscription month ends at 23:59 Central European Time (CET) from the day of purchase. Unused downloads expire at the end of the respective subscription month. The image subscription does not have to be cancelled and is not automatically renewed. The buyer acknowledges that not all offered images may be available within the scope of an image subscription. If the customer does not fulfill his obligation to pay, botanikfoto reserves the right to block the image subscription after an appropriate reminder. The rights of use of already downloaded images expire in this case until payment of outstanding amounts. In the event of botanikfoto going out of business, the buyer is entitled to a pro-rata refund of any image subscription already paid for.
§ 5 Rights of use
All images can be purchased for royalty-free use and may thus be used, unlimited as to time and place, for editorial publications, advertising and marketing purposes of all kinds as well as commercial products. The right of use is in principle not transferable, but it may be transferred to a single third party, provided that the onward transfer takes place within the framework of a customer project. Multiple use in projects of different customers is not permitted. In this case, an additional licence must be purchased for each customer. 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 with a credit line where possible.
§ 6 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 are not published.
§ 7 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 on this site. botanikfoto identified the captions for the images to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information.
§ 8 Refund policy
botanikfoto is selling to business and corporate customers only. Therefore botanikfoto can't give refunds or accept returns.
§ 9 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.
§ 10 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, Germany.