General Terms and Conditions for Wedding Productions
1. The brand name “LIGHT MEETS LOVE” (Mel & Chris) is a division of LUMENTIS GbR.
2. The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services performed by LUMENTIS GbR (owner: Christian Krüger, Melanie Meißner and Thomas Weinhold – hereinafter referred to as GbR).
3. In the following, terms such as picture, pictures, image, etc., mean both photo and video material.
4. All prices stated in the terms and conditions include VAT.
5. Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/ .
II. Production Orders
1. All care and diligence will be exercised by the Gbr in the performance of the assignment/s. The GbR may instruct third parties (e.g., laboratories) to execute parts of the order. Unless the client gives written instructions, the GbR is free to choose the means to carry out the contract. This applies in particular to the image conception, the location and the applied optical and technical (photographic) means.
2. The GbR selects the images which it submits to the client for final inspection at the conclusion of production.
3. The GbR is not committed to the permanent archiving of the image material resulting from a production, unless expressly agreed otherwise in writing.
1. The client acquires only the rights of use for private use of the image material. Reproduction and distribution to third parties are granted for private purposes. Commercial use as well as commercial and / or public, non-private reproduction is not permitted. Property rights are not transferred.
2. Discount option “Publication Rights”: It is important for the GbR to publish pictures of weddings, so bridal couples can convince themselves of the quality and creativity of the GbR’s work. The client will receive a discount in the amount of 900,- € as remuneration for granting the rights for publication. By claiming the discount, the client agrees that the GbR may use the photo and video material for self-promotion, in particular, for publications on websites or in magazines. The GbR may also make the images available to third parties insofar as this serves the GbR’s own advertising. The client will also inform their wedding guests and obtain their consent that the pictures can be published. In the event of compensation claims of third parties, which are based on the non-existence of a consent, the client will indemnify the GbR from liability in full.
1. The GbR is only liable for damages which it or its vicarious agents cause intentionally or through gross negligence. This also applies to damages resulting from a positive breach of contract or tort. The compensation for any indirect damage is excluded.
2. The GbR is not liable for defects which are due to incorrect or inaccurate instructions by the client.
3. The organization and assignment of bookings to the executing photographers, as well as their execution, are done with the utmost care. However, if no photographer appears at the agreed photo session due to circumstances for which the GbR is not responsible (eg circumstances of force majeure, sudden illness, traffic accident, environmental influences, traffic disruptions), the GbR cannot be held liable for any resulting damage.
4. In the case of defectiveness, the client is only entitled to a claim for improvement by the GbR. If an improvement is impossible or is rejected by the GbR, the client is entitled to a price reduction claim. The GbR is not liable for insignificant defects.
1. The agreed fee applies. If no fee has been agreed, it is determined according to the current price lists, which can be found on www.light-meets-love.com. The fee is inclusive of applicable VAT.
2. If the time planned for the production is exceeded for reasons for which GbR is not responsible, the GbR will also receive the agreed hourly or daily rate for the time that the GbR is extending its time.
3. If the order for the execution of the service is cancelled by the client, a compensation and cancellation fee of 600,- Euro plus any additional costs (travel expenses) is due. From 24 hours before the commencement of the agreed production of the GbR, the services provided up to that time plus the incidental costs must be reimbursed, but at least an expense allowance and cancellation fee of 1,200.- Euro. The client has the burden of proof that the additional costs did not arise at all or were significantly lower.
4. Costs and expenses incurred by the order (eg material and laboratory costs, parking tickets, entrance tickets, required expenses, postage and packaging, etc.) are not included in the fee and shall be borne by the client.
5. Upon conclusion of the contract, a first down payment is due, which is due within 10 days from the date of the conclusion of the contract. In that regard, the client is obliged to pay in advance. Decisive for the timely payment is the receipt of the amount in the account of the GbR.
6. If this payment is not received by the deadline, the GbR will ask for payment within a reasonable deadline. If this deadline expires, the contractor is entitled to refuse the contractually owed services. Legal rights of withdrawal or the assertion of claims for damages remain unaffected.
7. The payment of the remaining remuneration must be paid on collection of the pictures or in advance if the pictures are to be delivered by mail.
8. The fee must be paid within four weeks after invoicing at the latest. After a reminder, the client is in default. After defaulting, the client has to pay interest of 10% p.a. on the fee. Offsetting or exercising the right of retention is only permissible in relation to undisputed or legally established claims of the client. Reminder fees and the costs (also out of court) of legal intervention are charged to the client.
1. The provisions on distance contracts do not apply because the GbR is obliged to provide the service (photo and / or video production) at a certain time (BGB § 312g para. 2 no. 9). This means that there is no right of withdrawal or return for the client.
2. When ordering a custom-made presentation product (eg photo book or wedding album) there is also no right of withdrawal or return, since the products are made according to the instructions of the customer and tailored to their personal needs (BGB § 312g para 2 No. 1 ).
1. The law of the Federal Republic of Germany shall apply as agreed, also for deliveries abroad.
2. Additional agreements to the contract or to these terms and conditions must be in writing to be effective.
3. In the event that the client has no place of jurisdiction in the Federal Republic of Germany or relocates their place of business or habitual residence abroad after conclusion of the contract, the registered office of the GbR shall be agreed as place of jurisdiction.
Krüger – Meißner – Weinhold
Phone: 0049 (0)30 / 66 76 32 01
Fax: 0049 (0)30 / 66 76 32 04
These terms and conditions are valid from 01.09.2018 and supersede and replace all previous terms and conditions of the GbR.