General Trading Conditions

(Right of revocation see 15)

1 Validity

For commercial transactions between Marabuu.com, represented by the proprietor Dr. Klaus-Peter Endres, (henceforth referred to as the seller) and the buyer (henceforth referred to as the customer or buyer), the following General Trading Conditions, in that version which prevails at the time of placing an order, are binding. Any agreement which does not conform to these conditions must be confirmed in writing.

2 Offers

All offers, deliveries and issue of rights of use under the following General Trading Conditions are without engagement and an exclusive right does not automatically inhere.
No responsibility is taken for the correctness of the captions/titles and categorising of the pictures both in our online-shop or on delivery of picture-files according to IPTC standards. Any claims for damages resulting from the use of these will not be recognised by the seller.

3 Special offers

For terms other than those specified in our General Trading Conditions the buyer requires written confirmation from Marabuu.com for these to be valid. Thus such of his/her own terms as the buyer may refer to on order forms, delivery papers or similar documents will not be recognised.

4 Right to use the pictures

The complete collection of pictures provided by marabuu.com is protected by Copyright and Personality Right. The use of the pictures in any form whatsoever, including online-publishing or on CD-Rom, is subject to the payment of fees. This is also the condition for the use of the pictures as a model for drawings or caricatures, for the use of the pictures for layout purposes and presentations, for the use of parts of or details from the pictures to make new pictures by means of montages, photocompositions, electronic media or other technical means.

In our online-shop pictures in the form of photo-posters (print-outs from digital sources) and digital copies (3072x2048 pixels; 768x512 pixels) are provided. When you have ordered and paid for a photo-poster you have the right, which is not exclusive, to use it for personal and private but not commercial purposes and for an unlimited period of time. Any use above and beyond this is expressly prohibited.

The ordering and payment of a digital picture gives the buyer the right, which is not exclusive, to use the picture for the business or commercial purposes which he has declared. After having used the material as declared the buyer is obliged to delete the picture(s) from his/her database.

The pictures remain the property of the provider/seller. They are provided exclusively on a temporary basis and by purchase of the right to use in accordance with the Copyright Act. The buyer does not acquire the right to transfer the rights to a third party. Neither is it permitted to resell or circulate the pictures in any form whatever (electronically, graphically, etc.) to a third party. The seller concedes to the buyer the right to copy or disseminate the material only insofar as is necessary to fulfil the purpose upon which the buyer and seller have contractually agreed. In the case of printing the right to use is transferred only to the printing publisher. Exempt from this are advertising agencies, advertising brokers or graphic artists who purchase on behalf of the printing publisher for whom the printing is executed. For any use of the material which excedes that which has been contractually agreed upon the buyer must enter into a new contract with the seller.

5 Identification of goods

We expressly demand under 13 UrhG (Copyright Act) the naming of "marabuu.com" or "Marabuu.com" and the identity of the author, i.e. the name of the photographer, and in such a way that no doubt may arise with respect to the authorship of the each and every picture. A single reference for a collection of pictures is only adequate when no doubt arises as to the authorship of each and every picture. Should the buyer omit the obligatory identification of authorship, he and not marabuu.com is liable for any third-party claims. This holds also for advertising, use in television broadcasts and films or other media when no other agreement has been expressly made.

6 Observing the copyright of other parties

Only the photographer's copyright is transferred to the buyer on purchase. The buyer bears the responsibility of observing any other copy rights for pictures the content of which is subject to further copyright, and of acquiring permission to publish in the case of e.g. museums, buildings, collections, etc.

7 Obligations with regard to text

The buyer is obliged to observe the publishing regulations as specified by the German press advice (Pressekodex, Publizisti principles) and bears the responsibility for the text he applies to the pictures. Inappropriate terminology or falsification by word or image of the pictures as well as the use of derogatory language with respect to persons or objects portrayed in the pictures are not permitted and subjects the buyer to damage claims. The seller is not liable for any damage claims resulting from such misuse of the pictures.

On purchasing the right to use our pictures the buyer bears sole responsibility and will be liable for any infringement of the Personality rights of persons portrayed in the pictures through commercial or other use of the pictures, even if the right to use the picture for advertising purposes was abandoned. The use in advertising of pictures portraying persons is only permitted on special contract. The seller assumes no responsibility for infringement of general Personal rights or Copyright caused by the buyer's misuse of pictures in contravention of the agreed right to use. The buyer or user who infringes such rights is alone liable for damage to third parties.

8 Sample of use

Under 25 Gesetz ber das Verlagsrecht (Publishing Act) the buyer is required to send us unprompted and at his own cost at least two complete samples of every printed publication. In the case of electronic use of our pictures such as in online media the buyer is required to send us a screenshot stating the URL or an equivalent sample.

9 Fees

Fees are charged for the right to use the pictures. In principle the fees stated in the 'shopping basket' on our website at the time of purchase are binding. The fees are in euro, to which is added Value Added Tax (VAT) where applicable. The fees are graded according to the type and purpose of use. The fees are valid only for a single use and for the declared purpose. The fees will not be refunded if the buyer does not use the pictures as declared.

Any further use is subject to the renewed payment of fees and requires our wirtten confirmation beforehand. Should an illustrated object (e.g. a book, record cover, pospectus, etc.) be issued in a new medium, fees must be paid for the re-used picture independently of the previously attained right to use of the same picture. This holds particularly for use in advertising. The user is obliged to inform the seller of the new purpose and to obtain the seller's written agreement to use the material again. Exclusive rights or blocking periods require separate agreements.

10 Penalties for breach of contract and lump-sum indemnification

Pending a claim for damages for the illegitimate use, distortion or circulation of our pictures the buyer will be charged a fine of a minimum of five times the usual right-to-use fees. Should the buyer omit to name the author and/or the agency of the pictures, we are entitled to exact a payment of an additional 100% of the fees and reimbursement of the administrative costs entailed.

11 Forwarding charges, delivery and part delivery

For all deliveries of posters the cost of packaging and transporting will be charged to the buyer. The fees and the designated delivery charges must be paid in full within 30 days of ordering.

The cost of packaging and transport are based on the declarations given amongst forwarding charges in the online menue. Unless otherwise agreed the ordered goods will be sent to the address given by the buyer. The seller may send the ordered goods in more than one delivery at the prices indicated in the online menue. Should the buyer specially wish to have the ordered goods delivered in parts, the costs for each delivery will be charged additionally. For deliveries outside Germany the buyer bears any additional taxes and duties. The seller will endeavour to keep to the delivery schedules indicated in the online menue delivery time. The delivery schedules are, however, not binding.

Cancellation of an order or claims because of delayed delivery are not possible. The seller may withdraw from a contract if through no fault of his own the fulfilment of the contract is impossible. This gives the buyer no right to compensation.

The buyer is obliged to take delivery of the ordered goods. The buyer is in default on if he omits or refuses to take delivery of the ordered goods. In such case the seller may claim reimbursement of the costs of the delivery and of the return delivery of the goods. It is the responsibility of the buyer to check the goods immediately on delivery. Incompleteness or obvious damage should be reported in writing to the delivery service/firm and confirmed.

12 Contract conclusion

The contract between the provider/seller and the buyer on the basis of the General Trading Conditions is concluded when the buyer, having entered the goods of his choice in the online input-mask, sends his binding order to the seller by clicking with the mouse on the Order-button "Send order" or pressing the Enter-key to trigger the Order-button "Send order" . The seller in turn accepts and fulfils by delivering the order within a reasonable period of time. A declaration of acceptance on the part of the seller is not necessary.

In the case of written orders the corresponding form holds: instead of pressing the Enter-key the buyer sends the signed order per telefax or post to the provider/seller.

The seller retains the right to decline entering into contract when a) he has grounds to suspect that the buyer will not fulfil his side of the contract, either from the information the buyer has provided or because the buyer has previously been in breach of contract, or when b) doubt arises that the buyer will be able to fulfil his side of the contract within the designated time, or when c) the website contains typing or calculation errors that are repeated in the buyers order.

13 Conditions of payment and retention of title

The fees and the designated delivery charges must be paid in full within 30 days of ordering. In Germany the payment of invoices is possible for photo-posters for an order not in excess of 20 euros, for picture files not in excess of 200 euros and for photo-posters and picture files combined not in excess of 20 euros. In the case of posters the address on the invoice and the delivery address must be identical. Orders for posters or picture files to a greater value may only be paid by payment in advance.

In individual cases the seller has the right to demand payment in advance. Should this occur, the buyer may accept these conditions or withdraw his order.

In the case of delayed payment, i.e. when payment has not been made after the lapse of 30 days, the seller has the right to charge an interest of eight percent (or five percent if the debtor is a consumer) above the base lending rate. In addition the seller is entitled to charge a fine of up to 10 euros as well as to instruct an collection agency to collect the payment due. The buyer bears the costs of debt collection. Should marabuu.com suffer greater damages, it is entitled to claim these.

Any claim by the buyer is only admissible when his claim is uncontroverted or legally attested. The withholding of payment by the buyer because of claims based on other contracts with the seller is not admissible.

The delivered picture(s) remain the property of the seller until complete payment has been made and all his claims have been met. If the buyer is a merchant or trader, he must immediately declare all claims made by third parties on the sellers goods. The buyer bears such costs as arise out of claims made by a third party or costs entailed by an out-of-court release of the goods.

14 Cancelation of contract

The buyer, insofar as he is a consumer, has the right at any time up to the delivery of the pictures (for which he has ordered a right to use) to cancel his order unless a different agreement has been made in writing. A reason for the withdrawal need not be given. For merchants, traders, firms and public institutions the Handelsgesetzbuch (German Commercial Code) regulations hold.

15 Right of revocation and the obligation to return goods

Orders placed by natural persons, whereby the ordered goods do not serve professional or commercial purposes, may be revoked within two weeks of receiving the delivery. A reason for the revocation need not be given. The revocation can be effected by returning the goods or in writing via post, fax or email, or any other lasting form of communication. For revocation in the form of returning the goods to be effective it is sufficient to post or send the goods by any other carrier within the time limit. For revocation in written form to be effective it is sufficient to post or send it within the time limit. On sending written revocation the customer is obliged to return the goods shortly afterwards. The buyer is advised to keep the delivery papers. Returned goods for which postage has not been paid will not be accepted. Revocations and returned goods should be addressed to

Photoagency Marabuu.com
z.Hdn. Dr. Klaus-Peter Endres
Prälat-Hermann-Str. 4
D-88634 Herwangen-Schönach
Germany

e-mail: info@marabuu.com
Telefax: ++49 (0)721 15 13 18 43 1

On receipt of the revocation the seller is obliged to refund any moneys that the buyer may have paid. In the case of an order to the value of up to 40 euros the buyer bears the regular cost of returning the goods. For orders of greater value the seller refunds the cost of returning the goods from a German address. The value at the time of ordering counts.

The right to revoke an order is not invalidated by opening the package on delivery. Even if the buyer has already used the goods his right to revoke is not thereby necessarily abrogated. The seller may however claim the value of the use up to the moment of returning the goods.

If the buyer is responsible for the damage or loss of the goods, his right to revoke nevertheless remains intact. He must however pay for the diminution in value or the loss if he has been previously instructed according 2 Abs. 3 Satz 1 FernAG (Fernabsatzgesetz, Right of revocation).

The Fernabsatzgesetz (Right of revocation) does not apply to deliveries outside Europe.

16 Risks, guarantee and limitations of liability

The risk of accidental loss or damage passes to the buyer as soon as he receives the goods from the carrier.

The guarantee begins with the delivery of the goods and is subject to the legal requirements. Obvious damage must be reported in writing immediately or not later than 14 days after receipt of the goods. If the damage is not reported within this time, the goods will be considered to be accepted, and the rights to guarantee on the part of the buyer will extinguish.

The seller gives no guarantee for the normal wear on the goods or for defects arising from false or neglectful treatment or from unusual conditions of use. If marabuu.com is responsible for a defective article on delivery, the buyer may claim compensation in the form of repairs or substitution. If the buyer's claims to compensation are incommensurate, or if the seller is unable to meet the claim, or if marabuu.com delays compensation beyond a reasonable period of time by reasons marabuu.com is not responsable for, or if for any other reason compensation is not made, the buyer has the right to withdraw from the contract or to claim a price-reduction.

If not otherwise specified in the following, any further responsibility on the part of the seller - without considering the legal nature of the claim - is excluded. Responsibility for damage which does not pertain to the delivered goods is excluded. Also excluded is any liability for financial loss or for the failure to make profit. The exclusion or limitation of the seller's liability extends to his aides and executives.

The buyer is responsible for the security of his own database(s). The buyer's use of our goods does not make us liable for any loss of data. The buyer is aware of the risk that, because technical products of differing origins are not one hundred percent compatible, unforseen interractions may arise and lead to data loss. Thus the buyer acknowledges that he has no claim on the seller in such a case.

The above limit of liability does not hold if the cause of damage is intentional or a result of gross negligence, or if personal injury results. Neither does it hold if the buyer can claim compensation under 1.4 Produkthaftungsgesetz (Product liability law).

In the case of an infringement of an important contractual obligation through minor negligence liability covers no more than typically foreseeable damages which do not exceed the wholesale price and which are restricted to the goods.

Liability lasts twenty four months from the moment of delivery.

17 Jurisdiction

All litigation will be referred to the court of law under the jurisdiction of which the seller's domicile falls. The laws of the Republic of Germany are applicable for the business transactions between the seller and the buyer as well as for General Trading Conditions in hand. Laws of other nations or international trade law, e.g. the convention of the United Nations over contracts over the international goods purchase are not applicable. German law also governs deliveries outside Germany.

18 Transferability of requirements

The buyer is not entitled to retire its requirements from the contract.

19 Data protection

The buyer empowers the seller to process, store and analyse the data that he receives in connection with the business transaction. The seller stores and uses the buyer's personal data only for the purpose of filling the buyer's order and claims. The seller uses the buyer's email address solely for communicating information regarding the orders. The buyer has the right to information concerning his personal data as well as the right to inhibition, correction and deletion of his data.

20 Miscellaneous

These General Trading Conditions contain all rights and obligations of the contracting parties. Other agreements or intents on the part of the contracting parties, as well as alterations to the General Trading Conditions, including changing the requirement of having alterations confirmed in writing, must be made in writing in order to become legitimate. German law is binding and excludes UN Trading Law (Convention of the United Nations over contracts over the international goods purchase). Should any of these General Trading conditions be null and void, this does not affect the validity of the other conditions. Invalid conditions will be replaced by such valid conditions as attain the commercial purpose being aimed at.