Terms and conditions with customer information
1. Scope of application
1.1. For the business relationship between ‘bildagentur frontalvision.com, owner: Karsten Höft, Am Kreyenkrop 28 A, 45359 Essen, Germany’ (hereinafter ‘frontalvision’) and the customer (hereinafter ‘customer’), the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order.
Frontalvision grants the customer rights to use its products only within the scope of these terms and conditions.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.3 Deviating conditions of the customer are not recognised, unless frontalvision explicitly agrees to their validity.
2. Offers, service descriptions, conditions of use
Frontalvision grants user licences for photographs / media for a licence fee and allows customers free research access to media data at www.frontalvision.com. The media are protected by copyright and may not be used without a previously purchased user licence.
2.1 The presentation of the media (products) in the image agency does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the websites of frontal vision do not have the character of an assurance or guarantee.
2.2 All offers are valid ‘while stocks last’, unless otherwise stated in the media. Otherwise, errors excepted.
2.3 Customers have no right to constant accessibility of the media stock on frontalvision.com. It is at all times at the discretion of frontalvision to temporarily or permanently shut down the server, as well as to modify, delete or supplement the content stored there. Automated access to the media data is prohibited and will be prosecuted.
2.4 By using the services of frontalvision, the customer unconditionally recognises the copyright of frontalvision and the media published on the website www.frontalvision.com.
3. Right of use
The media data are protected by copyright. Property rights and copyrights are not transferred, not even with the payment of damages and/or other costs and fees.
By paying the licence fee, the customer only acquires the non-exclusive and non-transferable rights to use the selected media data and never ownership.
Frontalvision is entitled to grant the rights of use to all photos stored on the website www.frontalvision.com to an indefinite number of customers, unless exclusive rights have been expressly guaranteed in writing.
The rights of use are granted on condition that the customer notes the author specified by frontalvision, leaves him in the picture and does not change him: frontalvision.com/photographer’s name.
3.1 User licences
The customer can choose between 4 types of licence:
1. Private Licence
a. Use of the media for private purposes only:
b. no editorial use
c. No commercial use
d. No sale / no transfer
2. Editorial Use Licence Web (Editorial Use Web)
a. Only for editorial use on the web (websites, social media)
b. One-time use
c. No commercial use
d. No resale / no transfer
3. Editorial Use Licence Web + Print
a. Only for editorial use on the web and in print (websites, social media, newspapers, magazines, books)
b. One-time use
c. No commercial use
d. No resale / no transfer
4. Commercial use licence (RM – Right Managed) / on request.
a.i. Advertising and promotional projects, including printed material such as brochures, advertisements, posters, trade fair displays, catalogues, calendars, as well as for product packaging, film and video presentations and, in addition, for the production and distribution of products such as greeting cards and postcards, calendars, mugs
a.ii. Production and reproduction of goods intended for resale, such as posters, postcards, greeting cards, calendars, stationery, stickers, mugs, toys, clothing, sports equipment, commercial items
a.iii. Design templates (intended for resale), templates for electronic greeting cards and templates for designing brochures. In addition, for electronic products for resale, such as interactive and multimedia products, including computer games, screensavers, mobile content).
a.iv. Publication / distribution in the context of press releases
b. Multiple use after consultation
c. No resale / no distribution
3.2 Further rights of use may be granted in writing under the terms of individual contracts. However, the customer has no right to claim this. Under no circumstances is the customer entitled to transfer the acquired rights to third parties. The customer is only entitled to use the images of frontalvision within the acquired rights of use. Any abusive extension of the rights of use is a copyright infringement and will be legally prosecuted as such.
3.3 The granting of the rights of use includes the right to edit the images, to use the images (if necessary in part) while preserving the moral rights and the right to integrity of the work, as well as to use the images in connection with works of other rights holders. The applicable provisions regarding the personal rights of depicted natural or legal persons must be observed.
3.4 It is the sole responsibility of the downloading customer to check whether media with depicted persons or depicted property may be used for certain non-editorial purposes. This also applies if frontalvision has granted the customer the right of use for these purposes. In particular, defamatory or distorting use of the media material is not permitted. In the event of non-compliance, frontalvision shall not be liable for damages.
Compensation by frontalvision to the customer for violations by the customer of points 3.1, 3.2, 3.3, 3.4 is excluded.
4. Order process and conclusion of contract
4.1 Use with registration
Customers can create a customer account before placing an order and during the order process. This provides the customer with extended functions on the website. The customer account is free of charge. You can create it under the menu item ‘My account’. A requirement for the use of the free member account is a completed registration form and confirmation of registration. Within the customer account, customers are provided with information about their orders and their customer data stored at frontalvision. The information stored in the customer account is not public.
By completing the registration form and creating a customer account or purchasing a media licence, the customer confirms that he or she is at least 18 years of age. Minors and children (persons under 18 years of age) may not use the website unsupervised. Furthermore, minors and children should not register for a membership account or submit personal data to frontalvision.com.
After successful activation with the email address provided during registration, the customer receives access to the free customer account with his password. Disclosure of the access data to third parties is not permitted. If the access data is misused due to the fault of the customer, the customer is liable for the resulting damage.
Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances, as far as this is necessary (e.g. the changed e-mail address in the case of a change or the changed postal address before placing an order). Customers are responsible for any disadvantages that arise due to incorrect information.
The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions for the protection of third-party rights, and in accordance with the GTC of frontalvision by means of the access masks provided by frontalvision and other technical access options. Any other use, in particular by external software, such as bots or crawlers, is prohibited.
Insofar as customers store, provide or otherwise post content or information (hereinafter referred to as ‘content’) within the customer account, the customers are responsible for this information. Frontalvision does not adopt the content of the customers as its own. However, Frontalvision reserves the right to take appropriate measures depending on the degree of risk of infringement arising from the content, in particular the risk for third parties. The measures, which take into account the criteria of necessity, appropriateness, care, objectivity, reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and admonitions, as well as site bans.
The customer may terminate their account at any time without stating a reason. Termination is to be made by email from the registered email address to kuendigung@frontalvision.com. Frontalvision reserves the right to terminate the contract for exceptional reasons.
From the date of termination, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer’s responsibility to back up his data when terminating the customer account.
Deletion of the member account has no influence on the previously purchased media usage licences.
4.2 Use without registration
Customers can search the image agency without registering and purchase licences for media on the website.
4.3. Media selection
In order to give the customer an impression of the media for which he can acquire usage rights, frontalvision provides a preview of the media. The customer is not entitled to use this preview in any way. They serve only to illustrate the frontalvision offer.
The customer can select media licences from the frontalvision range without obligation and add them to a so-called shopping cart by clicking the ‘Buy & Download’ button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the checkout process by clicking the ‘Continue to Checkout’ button.
4.4 By clicking on the ‘Buy now’ button, the customer submits a binding request to purchase the goods (media licences) in the shopping cart. Before submitting the order, the customer can view and change the data at any time, as well as go back to the shopping cart using the browser’s ‘back’ function or cancel the order process altogether. Required information is marked with an asterisk (*).
4.5 Frontalvision sends the customer an automatic confirmation of receipt by email in which the customer’s order is listed again and which the customer can print using the ‘Print’ function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by frontalvision and does not constitute acceptance of the purchase. The purchase contract is only concluded when frontalvision sends the ordered product to the customer within 2 days, hands it over or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice. Furthermore, acceptance can be made by frontalvision sending a payment request to the customer and at the latest when the payment process is completed. In the event of multiple acceptance processes, the earliest point of acceptance shall be decisive. If frontalvision does not accept the customer’s offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by his offer.
4.6. In the case of customers who are companies, the aforementioned period for sending, handing over or confirming the order is seven instead of two days.
4.7 If frontalvision allows advance payment, the contract is concluded when the bank details and payment request are provided. If, despite the due date, the payment has not been received by frontalvision within 10 calendar days of the order confirmation being sent, even after a further request, frontalvision will withdraw from the contract with the result that the order is cancelled and frontalvision has no obligation to deliver. The order is then settled for the buyer and frontalvision without further consequences. A reservation of the article with prepayment payments is therefore only made for a maximum of 10 calendar days.
5. Prices and shipping costs
5.1. All prices are final prices including delivery/shipping costs. Due to our small business status according to § 19 UStG, we do not charge sales tax and therefore do not show it.
5.2. Since the media data is provided digitally after purchase, there are no shipping costs.
6. Delivery, product availability
6.1. If advance payment has been agreed, delivery will be made digitally (download) after the invoice amount has been received.
6.2. If delivery of the goods fails due to the fault of the buyer despite three delivery attempts, frontalvision can withdraw from the contract. Any payments made will be refunded to the customer immediately.
6.3 If the ordered photo is not available because frontalvision has not received it from its supplier through no fault of its own or there are technical problems with its provision, frontalvision may withdraw from the contract. In this case, frontalvision will inform the customer immediately and, if necessary, suggest the delivery of a comparable photo. If no comparable photo is available or if the customer does not wish to receive a comparable photo, frontalvision will immediately refund any consideration already paid by the customer.
6.4 Customers will be informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective description.
6.5 Frontalvision is not responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for frontalvision, even in the case of bindingly agreed deadlines and dates. In this case, frontalvision is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the customer nor frontalvision is responsible. During the period of such hindrance, the customer is also released from his contractual obligations, in particular from the obligation to pay. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after setting a reasonable deadline or after mutual consultation with frontalvision.
7. Payment terms
7.1. Payment is made via the service provider PayPal.
7.2 Although the use of PayPal is a prerequisite for using the offer, the use of PayPal is exclusively via their website, which opens in a new window. Therefore, PayPal, not frontalvision, is responsible for all processes on PayPal’s homepage.
7.3 Frontalvision has no access to the data provided there. PayPal is solely responsible for the paid process. Paypal’s general terms and conditions apply.
7.4 Currency: The price for media licences is expressed, paid and invoiced in euros at frontalvision.
7.5 The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by frontalvision. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
8. Liability
If frontalvision labels photos with the name of the photographer, frontalvision is merely acting as a broker who conveys the photographer’s rights on behalf of the photographer. In this case, frontalvision conveys the photographer’s rights, insofar as they exist, under the stated conditions and to the extent stated in the offer.
Frontalvision is only liable for damages to companies if and to the extent that frontalvision and its legal representatives, executives or other agents have acted intentionally or with gross negligence.
This does not apply to the case of breach of fundamental contractual obligations. In the event of a breach of fundamental contractual obligations, frontalvision is liable for any culpable conduct of its legal representatives, executives or other agents.
In addition, frontalvision is liable to consumers in the event of an impossibility of performance for which it is responsible and in the event of default of the debtor for any culpable conduct on the part of its employees or agents.
Except in cases of intent or gross negligence on the part of legal representatives, executives or other agents, the amount of frontalvision’s liability is limited to the typically foreseeable damage at the time of conclusion of the contract.
Frontalvision is only liable for indirect damages, in particular for lost profits, in the event of intent or gross negligence on the part of its legal representatives, executives or other agents.
In the event of injury to life, limb or health or in the case of mandatory legal regulations, as well as in the case of the assumption of express guarantees by frontalvision, the aforementioned exclusions of liability shall not apply either to companies or to consumers.
9. Storage of the contract
8.1. The customer can print the contract text before placing the order with frontalvision by using the print function of his browser in the last step of the order.
8.2 Frontalvision also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions along with the cancellation policy and the information on shipping costs as well as delivery and payment terms.
8.3 Customers who are entrepreneurs may receive the contract documents by email, in writing or by reference to an online source.
10. Final provisions
10.1 If the customer is an entrepreneur, the place of fulfilment is the registered office of frontal vision, while the place of jurisdiction is the registered office of frontal vision, subject to other agreements or mandatory legal provisions, if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in the country in which frontal vision is based. Frontalvision reserves the right to choose another permissible place of jurisdiction.
The place of jurisdiction is the Essen District Court or Essen Regional Court.
10.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, excluding the UN Sales Convention, provided that this does not conflict with any mandatory statutory provisions.
10.3. The contract language is German.
10.4. The European Commission’s consumer platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
