Terms and conditions for buyers

The contractual partner under the following General Terms and Conditions is

circle concepts GmbH (hereinafter referred to as "PHOTOCIRCLE")

Managing Director: Thomas Heinrich

Registered office: Monumentenstraße 1, 10829 Berlin, Germany

Email: change@photocircle.net

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

All deliveries and services provided by PHOTOCIRCLE are subject exclusively to the following General Terms and Conditions in the version valid at the time the order is placed. Any conflicting terms and conditions are hereby rejected.

§ 1 Information on the Use of Our Online Shop

1. As a customer, you will be guided through our online shop and, if you wish, through the subsequent ordering process. For each product displayed, you can view product information, design options, and individual prices. Prices are calculated automatically by the website based on the options you select. The products displayed in our shop are not pre-manufactured. The preview images are intended to provide the best possible representation of the finished product. Minor visual differences between the preview image and the final product are technically unavoidable and shall be deemed acceptable.
2. You may also upload your own image files as previews and customize them using the tools provided in our online shop ("Print Your Photos" button).

§ 2 Conclusion of Contract

1. We are under no obligation to manufacture products displayed in our shop that have been configured according to customer specifications. This applies both to products selected from one of our galleries and to products based on files uploaded by the customer. The online shop therefore does not constitute a binding offer by us but merely an invitation for customers to submit an offer.
2. By placing products in the shopping cart, acknowledging the information regarding the right of withdrawal and accepting these General Terms and Conditions, and subsequently clicking the order button, you submit your order to us. Your order constitutes an offer to conclude a contract for the manufacture and delivery of the selected products. We will promptly confirm receipt of your order by email. This order confirmation email contains all relevant information regarding your order, including these General Terms and Conditions and the information on your right of withdrawal.
3. Within 48 hours of receiving your order, we will send you a second email confirming acceptance of your offer to manufacture and deliver the selected products, together with the estimated delivery date ("Order Confirmation"). The Order Confirmation also contains our payment and delivery terms. In individual cases, we may inform you within the same period that we are unable to manufacture or deliver the products, or that delivery is only possible in partial shipments. You are under no obligation to accept partial deliveries. If you do not agree to a partial delivery, no contract will be concluded.
4. During the ordering process, the personal data you provide will be collected and stored by us. You may correct your information at any time before completing your order or cancel the ordering process without placing an order. In this case, your personal data will be deleted. The same applies to custom products based on your own uploaded files. If you cancel the process, all uploaded files and entered data will be deleted. For further information about the processing of your personal data, please refer to our Privacy Policy.

§ 4 Prices and Payment Terms

1. The prices of the individual products are stated in the respective product descriptions. All prices include the applicable statutory value-added tax (currently 19%) and exclude postage, packaging and shipping costs (shipping costs). Shipping costs depend on the shipping method as well as the size and weight of the goods ordered. They are shown separately during the ordering process. The customer shall bear all shipping costs indicated at the time the contract is concluded.
2. Unless otherwise agreed, PHOTOCIRCLE only delivers against advance payment. Available payment methods include PAYPAL, instant bank transfer, bank transfer, or credit card. If the customer chooses advance payment by bank transfer, payment is due no later than 5 calendar days after receipt of the order confirmation.
3. If a customer defaults on their payment obligations, PHOTOCIRCLE may charge default interest and claim damages in accordance with the applicable statutory provisions. Any further rights of PHOTOCIRCLE shall remain unaffected.

§ 5 Delivery Terms

1. Delivery will be made to the delivery address provided by the customer. Orders are shipped using established parcel delivery services such as DHL, TNT and DPD. The production and delivery times are stated on the website. The relevant period for production and delivery begins on the day the full purchase price (including VAT, shipping costs and any other applicable charges) has been received.
2. If PHOTOCIRCLE is responsible for a delay in delivery or if delivery becomes impossible for reasons attributable to PHOTOCIRCLE, liability for damages shall be excluded unless the delay or impossibility is caused intentionally or by gross negligence. This limitation does not apply to damages resulting from injury to life, body or health. Any further statutory claims of the customer shall remain unaffected.
3. If delivery is delayed for reasons beyond PHOTOCIRCLE's control (e.g. force majeure or the fault of third parties), the delivery period will be extended accordingly. The customer will be informed of such delays without undue delay. If the reasons for the delay continue for more than four weeks after receipt of the full purchase price, either party shall be entitled to withdraw from the contract.
4. In the case of a consumer purchase, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon delivery of the goods. If the customer is a business customer, the risk of accidental loss or accidental deterioration of the goods in the case of shipment passes to the customer as soon as the goods are handed over to the forwarding agent, carrier or other person responsible for carrying out the shipment.

§ 6 Retention of Title

1. The goods ordered shall remain the property of PHOTOCIRCLE until payment has been made in full.
2. Until ownership has passed to the customer, the goods may not be resold, rented, pledged, transferred by way of security, processed, otherwise disposed of or modified without the express consent of PHOTOCIRCLE.

§ 7 No Granting of Copyright Usage Rights by PHOTOCIRCLE

1. PHOTOCIRCLE and its Managing Director, Thomas Heinrich, are entitled to make publicly available, distribute, reproduce and edit the images displayed on the website for products manufactured according to customer specifications. The rights required to use the images on photocircle.net and to sell products featuring these images have been obtained from the respective copyright holders and other licensors.
2. A contract for the manufacture and delivery of products from our online shop does not grant the customer any contractual rights to use the images. Neither PHOTOCIRCLE nor the photographer grants the purchaser any right to use the works beyond the extent permitted by law. Any infringement of the photographer's or other rights holder's usage rights may result in claims for injunctive relief and damages.

§ 8 Warranty

1. The customer's claims against PHOTOCIRCLE in the event of defects are governed by the statutory provisions and within the statutory limitation periods, unless otherwise stipulated in § 8 and § 9 below. The statutory warranty period is currently two years from receipt of the goods.
2. Damage caused by improper use or use contrary to the terms of the contract by the customer shall not give rise to any claims against PHOTOCIRCLE.
3. If the customer is a business customer and the ordered goods or services are intended for their business operations, claims for defects shall become time-barred one year after the transfer of risk. This does not apply to claims for damages if PHOTOCIRCLE, its legal representative or its agents have acted intentionally or with gross negligence, or if the claim for damages is based on injury to life, body or health.
4. In the event of obvious defects or transport damage, the customer is requested to notify PHOTOCIRCLE without undue delay. If the customer is a consumer, failure to do so shall have no effect on any statutory warranty claims. For business customers, Section 377 of the German Commercial Code (HGB) shall apply.

§ 9 Liability

1. PHOTOCIRCLE shall be liable in accordance with the statutory provisions for damages suffered by the customer that were caused intentionally or through gross negligence by PHOTOCIRCLE, its legal representatives or agents; that result from the absence of a guaranteed characteristic of the goods or services; that are based on a culpable breach of essential contractual obligations (so-called cardinal obligations); that result from a culpable injury to life, body or health; or for which liability is provided for under the German Product Liability Act.
2. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose fulfillment the contractual partner may regularly rely, and whose breach would jeopardize the achievement of the purpose of the contract.
3. In the event of a breach of an essential contractual obligation, liability – insofar as the damage is caused only by slight negligence and does not involve injury to life, body or health – shall be limited to damages that are typical and reasonably foreseeable in connection with the provision of services of the type covered by the contract.
4. In all other respects, liability – regardless of the legal basis – is excluded both for PHOTOCIRCLE and for PHOTOCIRCLE's agents and persons employed in performing its obligations.
5. If the customer's damages result from a loss of data, PHOTOCIRCLE shall not be liable insofar as the damage could have been avoided by the customer regularly and completely backing up all relevant data at intervals appropriate to the value of the data.

§ 10 Set-Off and Right of Retention

The customer shall only be entitled to set off claims if their counterclaims have been legally established, acknowledged by PHOTOCIRCLE or are undisputed. Furthermore, the customer may only exercise a right of retention insofar as their counterclaim arises from the same contractual relationship.

§ 11 Special Provisions for Use of the “Print Your Photos” Service

1. If, as a customer, you upload your own files when using the “Print Your Photos” service and commission production through our online shop according to specific criteria, you grant us, insofar as you or third parties hold copyrights or related rights to the material, the corresponding rights of use to the extent necessary for the performance of the contract. The same applies with regard to third parties, in particular our agents and service providers involved in the production process.
2. The customer declares that they hold all rights that must necessarily be granted to PHOTOCIRCLE in order to use the “Print Your Photos” service. The customer shall indemnify PHOTOCIRCLE against claims made by third parties due to infringements of their rights, in particular copyrights, related rights and personality rights, provided that the customer is responsible for the violation of § 7 (2), sentence 1.
3. PHOTOCIRCLE distances itself from violence, pornography, racism and religious defamation. We reserve all rights in the event that corresponding images are uploaded and made the subject of an order. Customer offers for the production of goods made to customer specifications that fall within any of the aforementioned grounds for exclusion will be rejected by PHOTOCIRCLE upon becoming aware of such grounds.

§ 12 Applicable Law and Place of Jurisdiction

1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Berlin shall also be the exclusive place of jurisdiction if the customer has no general place of jurisdiction in Germany, if the customer moves their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is unknown at the time legal proceedings are initiated.
4. Alternative dispute resolution pursuant to Art. 14 (1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (VSBG):

   The European Commission provides an online dispute resolution (ODR) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court dispute resolution procedure.

§ 13 Severability Clause

1. If any provision of these General Terms and Conditions or of the contract with the customer is or becomes invalid or void, the remaining provisions of these General Terms and Conditions shall remain in effect. The parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to achieving the intended economic purpose. The same shall apply in the event of a contractual omission.
2. Any amendments or additions to this contract 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