General Terms and Conditions

These General Terms and Conditions (GTC) govern contractual relationships between newpic photography, owner Toni Kretschmer, Bosewitzer Straße 22, 01259 Dresden, Germany (the “Photographer”, “we” or “us”), and its customers (“Customer” or “you”) for services offered on newpic.eu and its subpages. They also apply to contracts concluded outside this website using these GTC (for example by email, telephone or at the studio).

Customers may be consumers under Section 13 of the German Civil Code (BGB) or businesses under Section 14 BGB. Unless expressly stated otherwise, the provisions below apply to both groups. Where legally required, separate rules for consumers and businesses are stated.

Section 1 — Scope and definitions

These GTC apply to contracts between the Photographer and the Customer concerning: creation of photographic and, where applicable, video products (“photography services”); sale of images and image collections, including through online galleries (in particular Picdrop); paid grants of rights to use images privately or commercially; in-person and online workshops; rental of the photographic studio and associated rooms (“studio rental”); rental of photo and studio equipment (“equipment rental”); and sale and redemption of vouchers.
Deviating, conflicting or supplementary terms of the Customer become part of the contract only if we expressly agree to them in writing.
A consumer is a natural person entering into a legal transaction for purposes predominantly outside that person's trade, business or self-employed profession (Section 13 BGB).
A business is a natural or legal person or a partnership with legal capacity acting in the exercise of a trade, business or self-employed profession when entering into a legal transaction (Section 14 BGB).

Section 2 — Pre-contractual information and conclusion of contract

The presentation of our services on our websites, in price lists or in other materials is generally not a legally binding offer but a non-binding description. Unless expressly designated a binding offer, prices are subject to change.
Customers may enquire via our websites (contact or booking forms), by email, telephone or in person at the studio. On that basis, we generally provide an individual offer by email or in writing.
In certain cases (for example workshops, studio or equipment bookings, or digital products), a contract may also be concluded directly through an online booking or ordering system. In that case, the ordering process and correction options are shown in the online system.
Generally, the contract is concluded when the Customer accepts our offer, for example by written or electronic confirmation (such as email), online booking with a booking confirmation, or payment of an agreed deposit or price where this is expressly deemed acceptance.
For online orders, by clicking the “order with obligation to pay” button or an equivalently worded button, the Customer submits a binding offer to conclude a contract. We may accept within five working days by sending an order or booking confirmation by email, actually providing the service, or accepting payment (for example PayPal confirmation).
We store the contract text. After conclusion, the Customer receives at least one email with the essential contract details and, where applicable, a link to these GTC. The Customer should save or print the contract documents as evidence.
The contract language is German.

Section 3 — Types of service and special terms

3.1 Commissioned photography

The scope and nature of photography services (for example duration of the shoot, location, number of subjects, extent of retouching, delivery format and usage rights) are specified in the individual offer and/or a service description (such as a brief or email).
Unless expressly agreed otherwise, we do not owe a particular number of photographs but a series selected at our artistic discretion that adequately fulfils the agreed purpose.
Creative decisions (for example framing, perspective, lighting, colour or black-and-white treatment and artistic effects) fall within the Photographer's creative discretion. Complaints about artistic style or subjective differences in taste are excluded.
Changes to the agreed scope (such as extra hours or subjects or additional retouching) are charged separately. Where possible, we inform the Customer about additional costs beforehand.
The Customer must ensure that all required permissions (for example location permission and property rights) have been obtained unless we have expressly taken responsibility for them.

3.2 Image sales, online galleries and digital content

We provide images to Customers (for example after a shoot or under image licences) through online galleries (in particular Picdrop) or other agreed means.
Unless otherwise agreed, the Customer receives access to a password-protected online gallery to select, order or download images. The Customer must keep access details confidential and not pass them to unauthorised third parties.
Digital content not supplied on a physical medium (for example image files, workshop materials or video recordings) is made available for download, sent by email or file link, or the Customer is granted corresponding usage rights in existing files.
Right of withdrawal for digital content: Consumers generally have a right of withdrawal (see Section 6). That right may, however, cease for digital content if we have begun performing the contract (for example by providing a download) and the consumer has expressly consented and acknowledged that the right of withdrawal is lost when performance begins. We will make this clear in the ordering process and obtain corresponding consent.
If image files are offered in different resolutions or formats, their scope (for example web or print resolution) follows from the service description or order.

3.3 Usage rights (private and commercial use)

Copyright in all images and works created remains with the Photographer. The Customer does not generally acquire ownership of the copyright but only usage rights to the contractually agreed extent.
Unless expressly agreed otherwise, the Customer receives a simple, non-exclusive and non-transferable right to use commissioned photographs for the agreed purpose and to the agreed extent.
Private Customers (consumers): Unless otherwise agreed, the right covers private use (for example personal prints and private social-media accounts without commercial use). It does not cover business or commercial use (for example advertising, company websites or professional influencer marketing), or transfer or sublicensing to third parties.
Businesses/commercial use: We offer different licence models for business Customers (for example company websites, social media, print media, ads and out-of-home advertising). The specific duration, territory, media/channels and exclusivity are described in the offer or invoice. Unless otherwise agreed, the right is simple and non-exclusive; limited to Germany for 18 months from delivery of the files; usable for the Customer's own corporate communications (for example website, social media, printed materials and presentations); may be passed to participating service providers (such as agencies or printers) only to implement agreed advertising measures; and does not permit sublicensing or paid transfer to third parties.
Alterations and filters: Changes to images (such as retouching, collages, colour filters or AI-assisted editing) generally require the Photographer's prior consent unless included in the usage right. Ordinary adjustments such as cropping, scaling and moderate colour or brightness correction remain permitted where they do not distort the artistic character.
Artificial intelligence/training: Using the images as training material for AI models, data mining or automated data analysis to build image databases, facial-recognition systems or similar applications is prohibited without a separate express agreement.
Credit: Where customary in the industry and reasonable, the Photographer's name should accompany publication, for example “Photo: newpic photography / Toni Kretschmer”. Where technically possible, social-media publications should link to or tag the account.
Contractual penalty for unauthorised use: If the Customer intentionally or through gross negligence breaches the agreed use (for example commercial use under a private licence, sublicensing or use beyond the agreed purpose), we may charge an appropriate supplementary licence fee based on customary market fees (such as MFM recommendations) and, for serious breaches, claim an appropriate contractual penalty. The amount is determined case by case and may be reviewed for appropriateness by the competent court in a dispute.

3.4 Workshops (in person and online)

We offer workshops on fixed dates, possibly with limited attendance, in person (for example at the studio or on location) and online (for example via video-conference tools).
The workshop description generally specifies the subject and content, date, time, venue or online platform, minimum and maximum number of participants, participation fee and payment terms.
Minimum attendance and cancellation by us: For most workshops, the minimum number of participants is two. If it is not reached, we may cancel the workshop or move it to another date. We then refund fees already paid in full or offer a replacement date free of charge, at the Customer's choice where available.
We may cancel or postpone a workshop for good cause (for example sudden illness, force majeure or an official order) up to 48 hours before it starts. For later cancellations for good cause, we inform the Customer without delay.
Cancellation by a consumer: Where no statutory right of withdrawal remains or is exercised, the following applies unless individually agreed otherwise: cancellation at least 14 days before the event is free; cancellation 13 to seven days before the event costs 50% of the fee; cancellation less than seven days before the event or failure to attend costs 100%. The Customer may prove that we suffered no loss or a substantially lower loss.
For online workshops and digital materials, where a workshop is wholly or partly online and includes digital materials, recordings or downloads, the digital-content rules apply (Sections 3.2(4) and 6).
Participants must observe the house rules and conduct rules. We may exclude participants for serious misconduct (for example disruption, insults, racist statements or unauthorised recordings); there is no entitlement to a refund in that case.

3.5 Studio rental

We rent out our photographic studio (“Studio”) with specified equipment (such as lighting, backdrops and furniture) for photography, film and video productions, business meetings and private events (such as birthdays), in each case where expressly offered.
For studio and production rental and for corporate events, the minimum rental period is two hours in each case. Each additional hour commenced is charged as a full hour unless otherwise agreed in writing.
The specific scope of use (areas, times, equipment, maximum permitted number of people and type of use) follows from the booking confirmation or rental agreement.
The renter must treat the Studio and equipment with care and leave them tidy at the end of the rental. Regular final cleaning is charged in addition to the rental at the price agreed for the booking. If there is exceptional soiling, additional necessary cleaning may be charged according to the actual work required; claims for damage remain reserved.
Damage to the Studio, equipment or parts of the building during the rental must be reported to us without delay. The renter is liable under statutory rules for damage caused by the renter, employees, agents, guests or other participants.
Subletting or making the Studio available to third parties (for example re-rental to other photographers or productions) requires our prior written consent.
Compliance with public-law requirements (for example noise-control and assembly law) and third-party private rights (for example personality and copyright rights) is generally the renter's responsibility unless we expressly take it on.
We may prohibit all or part of a use that is recognisably unlawful or unreasonable (for example criminal content or extremist or discriminatory material); in that case there is no entitlement to a rent refund.

3.6 Equipment rental

We rent photographic, lighting and studio equipment. The type, scope, rental period and price follow from the individual agreement or booking confirmation.
The Customer must show a valid photo ID at collection or handover and, where necessary, further proof of identity.
On handover, the risk of accidental loss, destruction or damage passes to the renter until proper return. The renter is liable under statutory rules for all damage and loss during the rental period.
The renter must use the equipment properly and in accordance with the manufacturer's instructions. Unauthorised changes or repair attempts are prohibited.
If equipment is not returned at the agreed time, we may claim compensation for use equal to the agreed daily rate for each day commenced, without prejudice to further damages. The renter may prove that no loss or a lower loss was incurred.
The renter is responsible for any necessary insurance (for example production or equipment insurance), unless expressly agreed otherwise.

3.7 Vouchers

We offer value vouchers and, where applicable, vouchers for particular services (such as shoots or workshops). The specific scope and redemption terms follow from the voucher and accompanying information.
Vouchers may generally be redeemed only within the stated validity period. Unless stated otherwise, the redemption period is three years from the end of the year of purchase (Sections 195 and 199 BGB).
Cash payment of the voucher value is excluded unless required by law.
We are not liable for lost, stolen or misused vouchers unless responsible for the loss.

Section 4 — Prices, VAT and payment

Prices shown to consumers are final prices including applicable statutory VAT. Prices for businesses may be stated net plus statutory VAT; offers and invoices identify this accordingly.
Additional costs (for example travel, location rental or third-party services such as makeup artists, models and props) are stated in the offer or order confirmation or agreed separately.
Unless another payment method or due date is expressly agreed, payments are due immediately upon invoicing or conclusion of contract. The Customer is in default without further reminder at the latest seven days after the due date and receipt of the invoice.
We may require advance payment or deposits for certain services (such as workshops, studio or equipment rental and larger productions); this is communicated in the offer or booking process.
We accept, in particular, bank transfer, PayPal and SumUp (for example on-site card payment) where available and shown in the ordering or booking process.
On payment default, we may charge interest at five percentage points above the applicable base rate for consumers and nine percentage points above it for businesses (Section 288 BGB). Further losses caused by default remain claimable.
The Customer may withhold payment or set off a claim only if the counterclaim has been finally established by a court, is undisputed or has been recognised by us.

Section 5 — Performance, appointments and delivery periods

Appointments and delivery periods are agreed individually or specified in the booking process or order confirmation.
For photography services, we endeavour to deliver previews and final files within reasonable periods. Unless agreed otherwise, stated periods are non-binding estimates subject to unforeseen delays (such as illness, technical issues or force majeure).
If we cannot meet an agreed appointment for reasons beyond our control (such as force majeure, power failure or sudden illness without a promptly available replacement), we will notify the Customer immediately and offer a replacement date. Claims for damages due to a postponed appointment are excluded except in cases of intent or gross negligence.
We may deliver or perform in parts where reasonable for the Customer.
For shipments of storage media or printed products, a business Customer bears the transit risk; for consumers, risk passes only on delivery to the Customer.

Section 6 — Consumers' right of withdrawal and exceptions

Consumers generally have a 14-day right of withdrawal for off-premises and distance contracts. Details of the period, exercise and model withdrawal form are in our withdrawal notice.
The right does not exist or may expire early for: goods not prefabricated but made to the Customer's specifications or clearly personalised (such as customised photo products); services related to leisure activities (such as fixed-date workshops) where the contract provides a specific date or period (Section 312g(2)(9) BGB); and digital content not supplied on a physical medium where we have begun performance after the consumer expressly consented to performance before the withdrawal period ends and acknowledged that the right is lost when performance begins.
For fixed-date workshops (in person or online), we expressly inform the consumer that this is a fixed-date leisure event for which a right of withdrawal generally does not exist.
Otherwise, statutory withdrawal rules and consequences apply (Sections 312g and 355 et seq. BGB).

Section 7 — Warranty and defect claims

Statutory warranty rights apply unless validly modified or restricted below or in an individual case.
The Customer must notify us of defects without delay and, where possible, document them (for example with photographs, screenshots or a description).
For work services (such as image creation), we first have the right to cure a defect by improvement or replacement. If cure fails or is unreasonable, the Customer may reduce the price or withdraw from the contract where statutory requirements are met.
For businesses, obvious defects must be reported to us in writing within seven days of delivery; otherwise warranty claims are excluded. The limitation period for defect claims is twelve months from delivery, except for injury to life, body or health and damage caused by gross negligence or intent.
Questions of style and taste and technically unavoidable or customary differences (such as minor colour variations in printing) do not generally constitute defects.

Section 8 — Liability

We are liable without limit for injury to life, body or health caused by a breach of duty by us, our legal representatives or agents, and for damage caused by their intent or gross negligence.
For a slightly negligent breach of material contractual obligations whose performance enables the contract to be duly carried out and on whose fulfilment the other party may regularly rely, liability is limited to foreseeable damage typical for the contract.
Further liability for damages, whatever its legal basis, is excluded. This also benefits our legal representatives and agents.
Liability under the German Product Liability Act, guarantees assumed or mandatory law remains unaffected.
We are liable for data loss and recovery only where the Customer has ensured that the data can be reconstructed with reasonable effort in machine-readable form from contractually secured backups.
For Studio and equipment rental, we are not liable for property brought in by the renter or its employees or guests unless the damage is due to our intent or gross negligence.

Section 9 — Customer obligations and third-party rights

The Customer is responsible for ensuring that all people depicted in photographs consent to the creation and contractually agreed use of the images (model release); any necessary consent of parents or legal guardians for minors is obtained; and required third-party rights (for example copyright in artworks, trademark rights and location/property rights) are observed, unless we expressly take responsibility.
If third parties (for example people depicted or rightsholders) assert claims against us because the Customer failed to obtain the necessary consent, the Customer indemnifies us to the extent responsible.
Within the Customer's sphere of responsibility, the Customer must not create or disseminate unlawful material through our services (for example material inciting hatred, racist or pornographic content, or other criminal content).

Section 10 — Retention of title

Delivered goods (such as prints, albums or storage media) remain our property until all claims under the respective contract have been paid in full.
For businesses, title to delivered goods is retained until all claims arising from the ongoing business relationship have been fully paid.

Section 11 — Data protection

We process Customers' personal data under applicable data-protection rules, especially the GDPR and the German Federal Data Protection Act (BDSG).
Details of the nature, scope, purposes and legal bases of processing and of data-subject rights are in our privacy policy. See the privacy policy.

Section 12 — Applicable law, jurisdiction and dispute resolution

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protection under the law of their country of habitual residence.
If the Customer is a merchant, a public-law legal entity or a special fund under public law, Dresden is the exclusive place of jurisdiction for disputes arising from our contractual relationship.
We are neither obliged nor generally willing to participate in consumer arbitration proceedings.

Section 13 — Final provisions

There are no verbal side agreements. Amendments or additions to the contract must at least be made in text form (for example by email) unless a stricter form is required by law.
If a provision of these GTC is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain effective. The statutory rule replaces the invalid or unenforceable provision.