Terms and Conditions

§ 1 Scope and Provider

These Terms and Conditions (T&Cs) govern all contracts concluded between picjoy Fotostudio, Ingo Christ, Luisenstr. 15, 44787 Bochum, Germany (hereinafter "picjoy" or "we") and the customer (hereinafter "Customer") via the website picjoy.de or in the studio.

Any deviating, conflicting or supplementary T&Cs of the Customer are not recognised unless we expressly agree to their validity in writing.

These T&Cs apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) unless explicitly stated otherwise.

§ 2 Formation of Contract

The presentation of our services on the website or in the studio does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

By booking an appointment via our website, by phone, or in person, the Customer submits a binding offer to enter into a service contract.

The contract is formed upon our express booking confirmation by email. We reserve the right to decline a booking without giving reasons.

For online bookings, by submitting the booking form the Customer confirms that they have read, understood and accepted these T&Cs.

§ 3 Booking and Appointments

Appointments can be booked online via our website, by telephone or in person at the studio. Availability is displayed in real time; a reservation is binding only upon receipt of a booking confirmation.

The Customer is obliged to arrive punctually for the agreed appointment. Delays of more than 15 minutes may result in the appointment not being fully carried out. In this case, we reserve the right to charge the full fee and/or to reduce the shooting time accordingly.

For shootings that require special preparation (e.g. baby bump, newborn shootings), separate arrangements may apply, which will be confirmed in writing (by email) on a case-by-case basis.

§ 4 Cancellation, Rebooking and No-Shows

Cancellations or rebookings must be made exclusively in writing (by email to [email protected]) and are only effective once we have confirmed them in writing.

The following cancellation deadlines and charges apply:

• Cancellation more than 48 hours before the appointment: free of charge
• Cancellation between 24 and 48 hours before the appointment: 50% of the agreed fee as a cancellation charge
• Cancellation less than 24 hours before the appointment or no-show: 100% of the agreed fee as a cancellation charge

In cases of force majeure (e.g. sudden serious illness of the Customer or a child, accidents, officially ordered event bans), a free rebooking to another date may be arranged upon request and against submission of appropriate evidence (e.g. medical certificate). No legal entitlement to this exists.

Deposits already paid will be offset against the cancellation charges due and will not be refunded if the cancellation charge equals at least the deposit.

We reserve the right to reschedule or cancel an appointment at short notice for good cause (e.g. illness of the photographer, technical failure, force majeure). In such a case, we will offer the Customer an alternative date as soon as possible. Any claims for compensation beyond a refund of payments already made are excluded.

§ 5 Prices, Deposit and Payment

All prices quoted on our website are final prices inclusive of statutory VAT (19% or 7% at the reduced rate), unless otherwise stated.

For packages over €50, a deposit of 30% of the package price is due. The deposit must be paid within 5 working days of booking confirmation. If the deposit is not paid within this period, we reserve the right to cancel the booking.

The remaining balance is due at the latest immediately after the shooting at the studio. Accepted payment methods include: cash, debit card, common credit cards, and bank transfer upon explicit request.

In the event of late payment, we are entitled to charge interest at the statutory rate and an administration fee of €5 per reminder. The right to claim further damages is reserved.

§ 6 Right of Withdrawal

Consumers generally have a 14-day right of withdrawal in accordance with § 312g BGB in conjunction with Art. 246a EGBGB.

The right of withdrawal expires prematurely pursuant to § 356 (4) BGB if we have started to perform the service (the shooting) with the Customer's express consent before the end of the withdrawal period and the Customer has confirmed that they will lose their right of withdrawal upon commencement of performance.

For digital content (e.g. digital image galleries, downloads): The right of withdrawal expires pursuant to § 356 (5) BGB as soon as the Customer has begun downloading the digital image files, provided the Customer has expressly consented to the premature expiry of the right of withdrawal.

Vouchers: The purchase of a voucher does not give rise to a right of withdrawal for the actual photo appointment. The right of withdrawal relates solely to the voucher as such.

Model withdrawal form: To exercise the right of withdrawal, customers may use the model withdrawal form pursuant to Annex 2 to Art. 246a § 1 (2) sentence 1 No. 1 EGBGB or contact us in writing by email at [email protected].

§ 7 Copyright and Image Usage Rights

The copyright to all photos and images taken during shootings belongs exclusively and irrevocably to picjoy (Ingo Christ) as the author (§ 7 UrhG – German Copyright Act). This applies regardless of whether the subject is a person, product or other scene.

Upon full payment of the agreed fee, the Customer receives a simple, non-transferable right of use for private purposes. This includes in particular:

• The right to share the images on private social media profiles (crediting @picjoy_fotostudio as the author where the platform allows)
• The right to print the images and distribute them in a private setting
• Use on private websites and blogs without a commercial background

Any commercial use of the photographs (e.g. advertising, sale, licensing to third parties, editorial use) requires prior express written consent from picjoy and is to be remunerated separately.

The renaming, removal or alteration of watermarks or copyright notices is prohibited.

Editing, filtering or other alterations of the delivered images (in particular those that impair the photographer's moral rights) are not permitted without our consent.

picjoy is entitled to use the photographs taken for its own promotional purposes (website, social media, print materials) unless the Customer has expressly objected in writing before the shooting. Upon request, images can be designated as exclusive (not for publication by us) for an additional charge.

§ 8 Release of Raw Data (RAW Files)

Digital raw data (RAW files, unedited original camera files) will not be released to the Customer as a matter of principle.

This is justified under copyright law: picjoy, as the author, has the right to the integrity of the work (§ 14 UrhG) and the right of artistic design. The unedited raw files do not constitute a completed work and do not meet picjoy's professional quality standards.

By entering into the contract, the Customer expressly agrees to this condition. Exceptions are only possible by explicit separate written agreement and are to be remunerated separately.

§ 9 Image Selection and Editing

After the shooting, picjoy provides the selected and professionally edited images. The number of images included depends on the package chosen.

Image selection is generally made by picjoy based on artistic criteria. We endeavour to take the Customer's wishes into account; however, there is no legal entitlement to the selection or delivery of specific individual images.

Image editing beyond the standard retouching included in the package (e.g. extensive body retouching, special compositing work) is available on request and for an additional fee.

We reserve the right to refuse images that violate applicable law or our values.

§ 10 Delivery of Images

The finished edited images are generally made available to the Customer within 7–14 working days after the shooting via a password-protected online download link (digital gallery).

The download link is active for 30 days from the date of provision. After this period, we cannot guarantee that the images will still be available. It is the Customer's responsibility to download and back up the images within the deadline.

Upon request, an extension or physical storage (USB drive) can be arranged for an additional charge.

The delivery period will be extended appropriately in the event of unforeseeable events (e.g. illness, force majeure). We will inform the Customer as quickly as possible in such cases.

§ 11 Conduct in the Studio and Customer Liability

The Customer and their companions are obliged to treat the studio equipment and all technical devices with care. Wilfully caused or grossly negligent damage must be compensated by the Customer.

Minor customers may only participate in shootings when accompanied and supervised by a parent or guardian. The parent or guardian agrees to these T&Cs by booking and is liable for any damage caused by the minor.

Bringing pets is only permitted by prior arrangement. In the event of soiling of the studio by pets, we reserve the right to charge a flat-rate cleaning fee of €50.

§ 12 Liability of picjoy

picjoy is liable for damage caused by intentional or grossly negligent breach of duty by picjoy or its agents.

In the case of slightly negligent breach of duty, picjoy is only liable if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to the foreseeable, typically occurring damage.

Liability for the loss of data is excluded unless picjoy has acted with gross negligence or intent. We expressly recommend that the Customer back up all files immediately upon receipt.

The above limitations of liability do not apply to injury to life, body or health or to claims under the Product Liability Act.

§ 13 Data Protection

The processing of the Customer's personal data is carried out in accordance with our Privacy Policy, which is available at picjoy.de/datenschutz and forms part of these T&Cs.

We process personal data (name, email, phone) exclusively for the purpose of performing and initiating the contract and for communication with the Customer. Data is only passed on to third parties to the extent necessary for the performance of the contract (e.g. payment service providers) or required by law.

§ 14 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final Provisions

The law of the Federal Republic of Germany applies. If the Customer is a consumer resident in the EU, the mandatory protective provisions of the country in which the Customer is habitually resident also apply.

The place of jurisdiction is, to the extent permitted by law, Bochum, Germany.

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions is not affected. The invalid provision shall be deemed replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Amendments to these T&Cs must be made in writing. This also applies to any waiver of the written form requirement.

picjoy reserves the right to amend these T&Cs at any time. The version in force at the time the contract is concluded shall apply.