Terms and conditions for buyers

Contracts for the purchase of products offered under the title of PHOTOCIRCLE and through our online shop, www.photocircle.net, are based solely on the following terms and conditions.

Any correspondence in this regard is to be addressed to the contractual partner PHOTOCIRCLE:

circle concepts GmbH

Managing Director / CEO: Thomas Heinrich

Business location: Monumentenstraße 1, 10829 Berlin

Mail: change@photocircle.net

Phone: + 49 (0)30 / 788 971 95

§ 1 Instructions for the Use of our Webshop

(1) As the customer, you are directed through the shop via the website program and, if desired, a subsequent order. You are also able to retrieve product instructions and guidelines, as well as individual prices, for the products we offer. Prices are calculated by the system in place on the website based on information entered. Products available via our shop are not, to this extent, available as end products. We endeavour to give as accurate a reflection of products as possible through the preview pictures presented. It is deemed accepted that there will be minor optical deviations between preview pictures and end products.

(2) Furthermore you can, as the customer, upload your own files as preview pictures and process them according to your own wishes using the tools provided within our shop (‘Print Pictures’ button).

§ 2 Closure of the Contract

(1) There is no fundamental obligation to manufacture products represented here and configured according to customer specifications. This applies to the selection of products from any of our galleries, as well as to files uploaded by customers themselves. The webshop does not, to this extent, represent a binding offer on our part, but merely an abstract invitation for the submission of customer-defined offers.

(2) To place an order, place the product in the shopping basket, tag with appropriate instructions for retrieval, accept these General Terms and Conditions and then press the order button. This process represents an offer to close a contract for products based on an order, its manufacture and delivery. We shall then immediately confirm receipt of the order through an automatic confirmation e-mail, which contains all information and facts relevant to the order, as well as retrieval instructions and the General Terms and Conditions.

(3) We then send a second e-mail within 48 hours of the placing of the order to confirm acceptance of the request to manufacture and delivery of your chosen products, together with the anticipated delivery date (“order confirmation”). The order confirmation contains another copy of the terms and conditions of payment and delivery. If required, we can provide, in individual cases and within the same timeframe, an explanation in the event that it is not possible to manufacture and deliver an item, or if this is only partially possible. As the customer, you are not obliged to accept partial deliveries. No contract shall be closed as a result of the absence of an agreement to be provided by you with regard to part deliveries.

(4) During the order process, personal data entered by you will be accepted into and stored within our system. This data can be corrected at any point during the ordering process. The process may also be terminated without consequence. In such an event, any data sets submitted by you shall be deleted. The same shall apply to individual products which you intend to produce on the basis of your own files. Should you cancel the process, datasets entered by you shall be deleted, as will be files that you have uploaded. For further information on data gathered from you, please see the Data Protection Regulations.

§ 4 Prices and Terms of Payment

(1) The prices of individual items are derived from the relevant item description. All prices listed are inclusive of the valid legal value-added tax (currently 19 percent) plus the costs of postage, packaging and delivery (delivery costs). Delivery costs depend on the type of delivery, as well as the size and weight of the merchandise ordered. These are listed separately in the ordering documentation. The customer shall bear all delivery costs incurred on closure of the contract.

(2) Unless otherwise agreed, PHOTOCIRCLE shall deliver merchandise only against advance payment. If you choose, you may utilise PAYPAL or payment by credit card. In the event that the customer furnishes advance payment via bank transfer, sums shall be payable no later than 14 days following receipt of order confirmation.

(3) In the event that a customer is in default of their payment obligations, PHOTOCIRCLE shall be able to demand the payment of default interest and compensation in accordance with legal regulations. Further rights of PHOTOCIRCLE shall remain unaffected.

§ 5 Conditions of Delivery

(1) Delivery occurs through the sending of merchandise to the delivery address given by the customer. Merchandise shall be sent via specialist package delivery services such as DHL, UPS and DPD.

(2) Delivery shall take place within 14 days of an order being placed, but not, however, before payment in full of the purchase price to the business account of PHOTOCIRCLE. You will be sent special notification by e-mail of information regarding the delivery date. Delivery status can be requested at any time.

(3) Insofar as PHOTOCIRCLE is in default of delivery or delivery becomes impossible for reasons that are the responsibility of PHOTOCIRCLE and that have not come about due to wilfulness or gross negligence, there shall be no liability for damage. This shall not apply to damage resulting in harm to life, body or health. Further claims of the customer shall remain unaffected.

(4) In the event that delays in delivery come about for reasons that are not the responsibility of PHOTOCIRCLE (e.g. force majeure, third-party causes), the delivery date shall be extended correspondingly. The customer shall be informed of this immediately. In the event that the causes of the delay last for a period that is longer than four weeks following receipt of the full amount of the purchase price, each party shall be authorised to withdraw from the contract.

§ 6 Retention of Title

(1) Merchandise ordered shall remain the property of PHOTOCIRCLE, Mr. Thomas Heinrich, until payment has been made in full.

(2) No resale, lease, pledging, assignment as security, processing, other use or alteration shall be permitted before the transfer of ownership without the explicit consent of PHOTOCIRCLE.

§ 7 No Copyrighted Usage Rights granted by PHOTOCIRCLE

(1) PHOTOCIRCLE and its CEO, Thomas Heinrich, are authorised to make images ordered according to customer specifications on the website publicly accessible as well as disseminate, reproduce and process these images. Rights of use necessary to the use of pictures on photocircle.net, as well as the sale of images are to be requested from the copyright holders and other license-holders.

(2) A contract for the manufacture and delivery of products from our webshop grants no contractual rights of use to images. PHOTOCIRCLE and the photographer thus grant the purchaser no right to use their work beyond the scope permitted by law. In the event of the breach of rights of use of the photographer, customers risk the assertion of claims for discontinuance and damages.

§ 8 Warranty

(1) The claims of the customer towards PHOTOCIRCLE in the event of shortcomings are governed by legal provisions within legal deadlines, insofar as no deviations from this are contained in the provisions laid out in § 8 and § 9 below. The legal warranty period is currently two years from the moment of receipt of merchandise.

(2) Damage that occurs through improper handling or measures taken on the part of the customer that are in breach of contract shall not serve as the basis for claims against PHOTOCIRCLE.

(3) If the customer is an entrepreneur and orders the service for their business operations, their claims in the event of defects shall lapse after a period of one year following the transfer of risk. This shall not apply to claims for compensation have arisen due to wilfulness or gross negligence on the part of PHOTOCIRCLE, its legal representatives or agents or the claim for compensation is based on harm caused to life, body or health.

(4) In the event of visible defects and transport-related damage, the customer is asked to report these to PHOTOCIRCLE without undue delay. If the customer is a consumer, omission of the above shall not affect any claims for compensation on their part. § 377 of the German Commercial Code (HGB) shall apply to businesses.

§ 9 Liability

(1) PHOTOCIRCLE shall bear liability for any damages caused to the customer in the event that this is caused by wilful or grossly negligent actions on the part of PHOTOCIRCLE, its legal representative or proxy, that result from the non-availability of a guaranteed condition of the service, a culpable breach of significant contractual obligations (so-called cardinal obligations), is the consequence of culpable damage to health, body or life, or where liability is present in accordance with product liability law, in accordance with legal provisions.

(2) Cardinal obligations are defined as obligations whose fulfilment makes the proper fulfilment of the contract possible in the first place. The contractual partner can be assured of the regular fulfilment of these obligations; on the other hand, the breach of these obligations threatens the purpose of the contract.

(3) In the event of a breach of a cardinal obligation, liability – insofar as damage is caused as a result of mild negligence and does not affect body, life or health – is restricted to damage that must be anticipated in the course of the provision of services in a manner that is typical and foreseeable for the services that form the subject of the contract.

(4) Irrespective of its legal basis, there shall be no liability in relation to PHOTOCIRCLE as well as its proxy and vicarious agent.

(5) In the event that damage is caused due to the loss of data, PHOTOCIRCLE shall bear no liability for this insofar as damage would have been avoided through regular, complete securing of all relevant data that is appropriate to the value of that data.

§ 10 Compensation, Retention

The customer shall have a right to compensation only when the customer’s counterclaims have been legally established or have been recognised or are undisputed by PHOTOCIRCLE. Apart from this, the customer is entitled to exercise their right of retention only insofar as their counterclaim is based on the same contractual relationship.

§ 11 Special Regulations for Use of the “Print Pictures” option

(1) Insofar as you, as the customer, upload your own files and utilise the ‘Print Pictures’ option to order the manufacture of products according to specific criteria, you grant us, insofar as you or a third party possess copyright or benefit rights to the material, the corresponding usage rights to the extent necessary for fulfilment of the contract. The same shall apply with regard to third parties, and in particular our vicarious agents, as are associated with the production process.

(2) The customer declares that they are in possession of all rights that must be necessarily transferred to PHOTOCIRCLE in order to exercise the ‘Print Pictures’ option. The customer frees PHOTOCIRCLE from third-party claims arising from breaches of their rights, and in particular copyright, benefit and personal rights, insofar as the customer is responsible for the breach pursuant to § 7 subsection 2 clause 1.

(3) PHOTOCIRCLE distances itself from violence, pornography and racist and religious slurs. We reserve all our rights in the event that such images are uploaded and form the subject of orders. Any offers from customers for the production of merchandise ordered according to customer specifications and containing images relating to the aforementioned reasons for exclusion shall be rejected by PHOTOCIRCLE.

§ 12 Applicable Law and Place of Jurisdiction

(1) German law shall apply, excluding the UN Convention on the International Sale of Goods.

(2) Insofar as the customer is a merchant, legal entity under public law or a special asset under public law, the exclusive place of jurisdiction for all disputes resulting, either directly or indirectly, from the contractual relationship shall be Berlin.

(3) The exclusive place of jurisdiction shall be Berlin in the event that a customer has no general place of jurisdiction within Germany, a customer moves their domicile, or place of normal residence, abroad, following closure of the contract, or their domicile or normal place of residence is unknown at point in time at which an action is filed.

§ 13 Final provisions

(1) If any provision of these Terms and Conditions or the contract with the customer is or becomes invalid, then the terms and conditions stay active. The parties agree to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same applies in the case of a contractual loophole.

(2) Changes or additions to this agreement must be made in writing.

circle concepts GmbH (hereinafter "PHOTOCIRCLE") operates the Internet online product photocircle.net. Professional photographers and interested consumers (hereinafter "Users") may present, evaluate, and sell pictures and video works, photographic works and other works of art (hereinafter "Work"). Alongside the business exploitation of the Work presented, PHOTOCIRCLE supports social projects in the region the photo was taken. Furthermore, PHOTOCIRCLE intends to contribute to the creation of a new awareness in the use of photographic subjects.

The legal relationship between the User and PHOTOCIRCLE is governed by the following terms and conditions. PHOTOCIRCLE is represented by its owner and Managing Director, Thomas Heinrich. He is a User of these General Terms and Conditions and a Service Provider according to TMG. He can be reached at:

circle concepts GmbH

Managing Director / CEO: Thomas Heinrich

Business location: Monumentenstraße 1, 10829 Berlin

Mail: change@photocircle.net

Phone: + 49 (0)30 / 788 971 95

§ 1 Subject

(1) The site photocircle.net allows Users to post previews of their Work on the internet for a varied worldwide audience for the purpose of dissemination and public accessibility. Users upload their Work independently. Upon sight of such Work, PHOTOCIRCLE customers may decide to purchase a copy on a defined frame, format, and final price. Purchase contracts are concluded between the customer and PHOTOCIRCLE. Users receive adequate compensation for the sale of their Works on a ready-made image support. This is determined through user-defined parameters. A portion of the purchase price paid by the customer is allocated to social purposes.

(2) Works must be uploaded in JPEG / Tif format. PHOTOCIRCLE will routinely check them for technical and content quality. PHOTOCIRCLE is not obliged to keep certain Works online. Should obvious violations of privacy laws be ascertained, PHOTOCIRCLE shall be entitled to remove the offending Works from the platform.

§ 2 Participation and Responsibility

(1)The services and offers available on photocircle.net shall be exclusively subject to the following general terms and conditions. Participation in photocircle.net requires the prior conclusion of a participation contract under these Terms. The contractual counterparty of the User is PHOTOCIRCLE, represented by Thomas Heinrich.

(2) Only individuals aged 18 years or above shall be allowed to participate. By completing and submitting the web form, Users express their willingness to enter into the participation contract. Only with the publication of the uploaded Work by the User on photocircle.net and the activation of the corresponding content will PHOTOCIRCLE state its acceptance and thus the conclusion of the participation contract.

(3) Participant registration shall be at PHOTOCIRCLE's discretion and may be refused for any reason. Furthermore, PHOTOCIRCLE shall be entitled to refuse for any reason and at its sole discretion the publication of individual Works or contributions for quality control purposes or to discontinue the same at a later date (especially in case of changes to the overall strategy and concept). No claims relating to the publication or continued publication of transmitted Works shall be allowed.

(4) Furthermore, PHOTOCIRCLE shall be entitled to terminate the participation agreement with any User should the former suspect a breach of the obligations set out in § 2 section 1 and § 4 section 1 or other legal requirements, without notice and for any reason, by removing his account and completely deleting the Works or other user items from photocircle.net.

(5) The User may terminate its participation in photocircle.net at any time without notice by closing his account for any reason.

The termination of the participation contract pursuant to (4) or (5) above shall be without prejudice to any pending orders for Works from PHOTOCIRCLE customers.

§ 3 Granting of rights

(1) By uploading Works to photocircle.net, the User grants PHOTOCIRCLE, for an unlimited period (subject to the right of the User to recall at any time the grant of use pursuant to § 3 section 2), unrestricted in content and space, also worldwide, the non-exclusive and third party-transferrable right to use the Work for publication and use thereof under the contract. The transfer of rights shall include the following rights:

1. the right of making the Work available on the Internet, in particular the right to publish the Work or sections thereof as a preview on the Internet at photocircle.net; the right to publish on other internet sites to advertise the Work and for self-promotion purposes of PHOTOCIRCLE, in particular under the form of online banner ads; the right to publish on the internet to ensure editorial coverage of the Work or of PHOTOCIRCLE by third parties or by PHOTOCIRCLE itself, and to submit picture previews as part of e-mails or newsletters from PHOTOCIRCLE,
2. the right of distribution, in particular of the Work and any copy thereof, in particular to publicly offer for sale and bring into circulation extracts of the Work; the right to publish pictures of the Work in other media, such as newspapers, magazines and journals, to advertise the Work and for self-promotion purposes of PHOTOCIRCLE; the right to publish to ensure editorial coverage of the Work or of PHOTOCIRCLE by third parties or by PHOTOCIRCLE itself,
3. reproduction rights, in particular, to store the Work in digital form, transfer it to disk, create picture previews, and store them in databases,
4. the right to edit the Work to make it available on the Internet, in particular to reduce, enlarge, customize colour codes, change contrast and sharpness, or otherwise adapt the Work to the technical requirements necessary for adequate Internet publication, and in particular, with respect to the layouts of photocircle.net,
5. the right to edit the Work for customer-specific purposes, in particular to produce the Work in various sizes and in various product forms, especially the Work to be printed as a poster, calendar or on canvas or photo paper, to produce it on an aluminium composite panel, using acrylic glass or framing , and to publicly offer it for sale and to bring it into circulation in this form,
6. the right to use in all media, for advertising the Work and for self-promotion purposes of PHOTOCIRCLE, each Work title and the Work artist as well as the Work illustrations provided to PHOTOCIRCLE by the artists.

(2) The rights of use described above can be withdrawn by the User at any time by punctually removing, individually or in general, his Works from photocircle.net or by closing his account as the participation contract ends.

(3) The end of publication according to (2) shall be without prejudice to pending orders for Works from PHOTOCIRCLE customers.

(4) Under this contract, the User undertakes not to grant rights of use on future Work or to offer any grant of rights on future Work. The User shall be entitled to decide whether to produce any new Work following the contract conclusion and whether to upload his newly created Work to photocircle.net.

§ 4 Rights assurance

(1) The User shall be solely responsible for the legality of the Works made available by him as well as for his communications on photocircle.net. He states to be entitled to all rights of publication and otherwise usage of the Works submitted to photocircle.net and that he has not availed of these rights in such a way as to make unfeasible the posting onphotocircle.net. In particular, he states that, through the publication and usage of his Works on photocircle.net has not violated any third party rights and confirms the consent of any third parties required. A priori, any Works with offensive, discriminatory, or personally damaging content are excluded from posting on photocircle.net.

(2) PHOTOCIRCLE provides only a photo platform and shall assume no responsibility for the Works posted by the User. If claims are asserted by third parties against PHOTOCIRCLE, the User shall hold PHOTOCIRCLE harmless from any claims that may be asserted by third parties against PHOTOCIRCLE for alleged breach of section 1 provided that the User is responsible for such breach. Such exemption shall also extend to any legal defence costs.

§ 5 Rights, obligations, and liability of PHOTOCIRCLE

(1) PHOTOCIRCLE shall undertake to:

1. promote the sales of Works exercising the rights granted under § 2; present the Work using the best technical means available, and to protect them against unauthorized access,
2. provide information on sales, and
3. pay the agreed compensation.

(2) PHOTOCIRCLE shall not undertake to:

1. meet any special formalities to ensure the copyright protection of Work and
2. act exclusively on behalf of the User.

(3) The User is aware that PHOTOCIRCLE's services will be exclusively delivered online. While PHOTOCIRCLE shall endeavour to ensure the widest possible availability, it cannot guarantee, because of the peculiarities and uncertainties of the Internet (including maintenance, system failures, sabotage by third parties, etc.), a permanent, trouble-free availability. PHOTOCIRCLE shall be entitled to the posting of photocircle.net at any time. PHOTOCIRCLE shall assume no liability for any damage resulting from a temporary or permanent, whether full or partial, unavailability of photocircle.net.

Any potential liability of PHOTOCIRCLE and its legal representatives, employees or agents for any other damage shall be limited to intent and gross negligence.

For damages caused by legal representatives, employees or agents of PHOTOCIRCLE with intentionality or gross negligence, PHOTOCIRCLE shall only be liable if the fulfilment of the obligation breached is of special importance (cardinal obligation) to the contract fulfilment.

Liability for damages arising from injury to life, limb or health remains unaffected by the provision above.

§ 6 Sales fee

(1) The User shall participate in any unsettled business pursued on photocircle.net and in relation to reproductions of his submitted Works in accordance with the purchase price premium he has personally determined. Pricing details shall be provided upon uploading to photocircle.net.

(2) PHOTOCIRCLE shall be entitled to promotional discounts with a total duration of up to 6 months during the year. During this period, compensation for customer purchases shall be reduced accordingly. Users participate in the discounts granted up to the percentage that their compensation is reduced and whereby the products are offered a better price to customers. In any case, the compensation reduction is limited to 30%. Accordingly, should PHOTOCIRCLE offer discounts exceeding such figure, it shall bear the associated economic cost.

(3) Should the promised compensation appear clearly disproportionate to the benefit obtained, a reasonable reimbursement shall be due. This shall be determined on a case-by-case basis pursuant to § 32 I of the Copyright Act.

(4) PHOTOCIRCLE shall calculate on a quarterly basis and within four weeks the actual income of the preceding calendar semester and provide appropriate payment. Amounts of less than EUR 30 can be carried forward to the next settlement.

(5) Besides the fees, Users are publicity positioned as socially responsible actors.

§ 7 Final Provisions

(1) The terms and conditions shall also apply whenever the contracting parties are replaced by third parties. These apply to them as well any to any successors thereof. The same shall apply should PHOTO CIRCLE, owner Thomas Heinrich, establishes a legal entity. Any amendment shall be indicated to the contractual counterpart. This is entitled to the immediate termination of the participation contract.

(2) Side-agreements and contract amendments shall be in written form. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The ineffective or missing provision shall be replaced by its closest substitute in economic and legal terms.

Any amendments to these terms and conditions shall be clear and separately visible on photocircle.net. These shall be deemed recognized and part of the contract should the User fail to object in writing within four weeks. The User shall agree with the submission of the participation application, regularly check for any new information, and acknowledge any new terms and conditions.

(3) In any case, consensus shall be sought for any argument. The parties waive the issuing of attorney warning letters on alleged or effective right violations provided these do not constitute an urgent matter. The parties shall seek contact with each other and eventually initiate a mediation process.

(4) Exclusive jurisdiction is Berlin, provided the User is a merchant. The legal relationship between the User and PHOTOCIRCLE shall be exclusively governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.

Terms and conditions, as amended on 15/05/2012