General Terms and Conditions of Business
Our offer is only for companies, not for private persons.
We make no charge for postage, packing or dispatch.
The terms and conditions listed herewith apply for all contracts, quotes, services and deliveries of the company IMAGE-DELUXE, Director: Harald Schön - hereinafter referred to as: agency - in case no other written agreements exist. Deviating General Terms and Conditions of Business are not applicable even without the agency expressly declaring its objection.
2. General Conditions
Data base search and sample download for draft purpose are basically free of charge. A registration is only required for download of licence files. Access data must not be passed to third persons.
The user is entitled to five download attempts. If the download is not successful after the fifth attempt due to technical malfunction or force majeure the agency reserves its right to make the ordered picture-, audio-, text-material available to the user by E-mail or data carrier free of shipping costs for this individual case. Apparent defects have to be disclosed to the agency in written form immediately after the download, hidden defects immediately after finding. In case of timely and justified claims technically correct data sets will be delivered in addition without further costs. The agency reserves its right to technical changes or maintenance works at any time which can lead to a contemporary non-availability of the data base. A right of the user for continuous availability of the data base does not exist. The agency does not take any guarantee for the suitability of the picture-, audio- and text-material resp. resolution of a picture for a special purpose. The orderer accepts that for the complete agency data base files copyright protection according to the copyright act may be claimed. In case of offence against these General Terms and Conditions of Business the agency has the right to prohibit the usage of the already delivered picture material. The right of full payment of the agency’s fee remains unaffected.
3. Utilisation Rights
The agency is holding all rights for contractual usage of the rights of the authors and property protection parties for the provided picture material. Further rights, especially personal rights of imaged persons, copyright of imaged objects such as pieces of art, furniture and buildings as well as trademark rights of third parties have to be clarified by the user himself with regard to the intended kind of usage. The agency does not assume any liability for these rights of third parties.
Unless otherwise expressly agreed the agency entitles the user to a simple, not exclusive right of use of the textual, spatio-temporal unlimited using for the own purposes of the user. The concession of the right of use is subject to complete payment to the agency. Passing on the picture material resp. assignment of rights to use to third parties are subject to permission by the agency, even if an exclusive right of use has been agreed in an individual case. Other editorial staff of the same company as well as subsidiaries have also to be understood as third parties. The agency is entitled to exclude the user with immediate effect from a usage in case of application or attempt of application of automated media for download of contents or of misuse of the access data. In such a case all rights of use of already downloaded picture-, audio- and text-material will expire.
4. Agency and author note
At each usage the user is obliged to make a reference note of the agency and author at an adequate place.
Example: Copyright © IMAGE-DELUXE.COM
Accumulative picture credit, for example in the impressum, is only allowed if the relation to the individual picture is obvious. Deviations to the obligation for proof of evidence must be agreed previously by the agency. The agency reserves the right to agree only to usage without agency and author note. In case of breach of the obligation for proof of evidence by omission of the agency and author note or by adding a false note a 100 % surcharge of the user fee will be due.
5. User fee
Unless otherwise expressly agreed, the latest prices published at „www.image-deluxe.com“ are applicable. The agency reserves the right to raise or adapt the user fee at any time. The user fee is to be paid for a one-time download. It is not reimbursable in case the purposed usage remains undone.
6. Liability and compensation
The usage of the agency’s homepage and the access to the files are at the user’s own risk.
Technical information, prices or other descriptions of characteristic features of the imaged objects are not included in the agreed scope of delivery, even if they are provided. The agency is not liable for such information.
The user indemnifies the agency from claims of third parties due to an infringement by the kind of usage. In particular the user is responsible for misapplication of the picture material in a kind of infringing the company and/or personal rights or the trademark rights or other industrial property rights of third parties or associating it to pornographic, honour assailing, libelling contents or use in any other kind of illegality. In case of unauthorised use or use contrary to contract, misrepresentation or passing on the picture material, unauthorised granting of use to third parties, unauthorised duplication of slides and/or internegatives and/or other reproduction copies a minimum fee of 500 % of the usual user fee will be payable subject to rights to claim for further compensations. The agency is liable within the scope of the fulfilment of its contractual duties and responsibilities by its employees and auxiliary persons only for deliberate action and gross negligence. The liability is limited to typical damages in comparable business transactions as well as the foreseeable damages at conclusion of the contract, unless the damage is caused by deliberate action or gross negligence through a legal representative. The agency is liable for consequential harm caused by a defect only in case of breach of contract duties.
7. Place of performance, jurisdiction, applicable law
The place of performance is Pforzheim as far as no other agreements are made. For this contract and the resulting claims the exclusively applicable law is the law of the Federal Republic of Germany. Place of jurisdiction for all legal disputes resulting from the contractual relationship and its origin and validity is Pforzheim, if the business partner is in the capacity of a merchant in terms of the code of commercial law.
8. Cancel Order
9. Contact Store and post address:
With your purchase of pictures at IMAGE-DELUXE.COM you will receive a .zip-file containing the file “Copyright.txt” which includes an explicit agency-copyright-note. Example: Copyright © IMAGE-DELUXE.COM
Mentioned brands are registered trademarks of the particular owners.