Terms and conditions
a) The following General Terms and Conditions (GTC) are part of all contracts (in written as well as electronic form) with the company portraitbox GmbH, represented by the Managing Director David Wendt, Am Steinhof 4a, 33106 Paderborn, Germany (hereinafter referred to as portraitbox) which are concluded via the portals portraitbox.com and fotografensuche.de.
b) Deviating GTCs of the national and international contractual partners shall not become part of the contract. Subsidiary agreements and other deviations from our contracts, license conditions or from these GTC must be made in writing.
All visitors of the portal portraitbox.com and fotografensuche.de, in particular also clients, providers of images and goods, potential clients, potential providers and occasional visitors, etc. are considered as users.
Users of portraitbox.com and fotografensuche.de who operate an online shop on the platform, hereinafter also referred to as an image gallery, or who register for the photographer search on the platform are deemed to be providers. The offer to use the platform as a provider is directed only at entrepreneurs.
Client means those visitors of portraitbox.com and fotografensuche.de who purchase and/or wish to purchase goods and services from the Providers on the Platform. Potential clients are also covered by the term.
3. Services for providers, conclusion of contract
a) The platforms include the image galleries of the providers (portraitbox.com) and the photographer search function (fotografensuche.de).
aa) Image gallery
(1) The Provider has the option to open its own image gallery via the platform for a fee and to offer services to its Clients. For the image gallery, portraitbox also provides storage space on the Internet. For the opening of an image gallery, the Provider can select from various offer versions of portraitbox. The offers presented on the Website do not constitute an offer in the legal sense. By placing an order, the Provider bindingly declares its offer to enter into a contract for the use of an online shop or an image gallery on the platform. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on the button that concludes the order, the provider submits a binding contract offer. Upon receipt of the Offeror’s offer by portraitbox, portraitbox shall expressly confirm the acceptance of the contract to the Offeror by e-mail or letter post. The text of the contract will be stored by portraitbox and will be sent to the Offeror by e-mail.
(2) The provider also has the option to test the image gallery for 30 days free of charge. During this time, limited functions of the image gallery are available to him. In addition, the provisions set out in clause 3 (2) shall apply. After the test period, the contract for the use of the image gallery is terminated. The client has the possibility with an order of a liable to pay the costs picture gallery within 14 days after end of the test time to let take over his data from the test online gallery. This requires a specific specification in the paid order.
bb) Photographer Search
(1) Providers may also register to be included in the Photographer Search function and create their own profile. The registration creates a contractual relationship regarding the use (“usage agreement”) between portraitbox and the registered user. Registration for the Photographer Search is free of charge. There is no right to conclude a contract of use. Input errors can be corrected before submitting the registration using the usual keyboard and mouse functions. Upon receipt of the Provider’s binding registration request by portraitbox, the Provider shall receive an e-mail confirming receipt of the registration request.
(2) For the Photographer search, the Provider can select from different offer versions (Free, Premium) of portraitbox. The offers presented on the Website do not constitute an offer in the legal sense. By placing an order, the Provider bindingly declares its contractual offer to use the photographer search on the platform. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on the button concluding the order, the Provider submits a binding contractual offer. Upon receipt of the Offeror’s offer by portraitbox, portraitbox shall expressly confirm the acceptance of the contract to the Offeror by e-mail or letter post. The text of the contract will be stored by portraitbox and will be sent to the Offeror by e-mail.
(3) With the free registration (Package Free) a contractual relationship on the use (contract of use) between portraitbox and the registered User arises. There is no claim to the conclusion of a contract of use. Input errors can be corrected before submitting the registration using the usual keyboard and mouse functions. Upon receipt of the Provider’s binding registration request by portraitbox, the Provider will receive an e-mail confirming receipt of the registration request.
(4) The client can start a general, free inquiry via the photographer search. To do so, the Client must provide Portraitbox with various mandatory information via the inquiry form. Any additional information is optional. This request will be forwarded to the providers in question, depending on the package selected. If a provider is interested in the request, portraitbox will transmit the user data to the photographer for a fee. The data will be transmitted to the photographers. The Photographers must contact the requesting User within three days of the data being transmitted. Portraitbox does not guarantee that a Photographer will not contact the Client.
(5) The client can send a free direct request to a specific photo studio. For this purpose, the Client must provide Portraitbox with various mandatory data via the inquiry form. Any additional information is optional. This request will be forwarded to the photo studio.
If the photo studio is interested in the request, portraitbox will transmit the user data to the photographer for a fee. The Photographer must contact the requesting User within three days of the transmission of the data. Portraitbox does not guarantee that a Photographer will not contact the Client.
b) The Provider must provide the contract data requested in the order form or registration form completely and correctly, if and to the extent that this information is not marked as voluntary. It is not permitted to use pen names, pseudonyms or other fanciful names in the context of the personal name query. It is also forbidden to provide foreign or otherwise inaccurate information when placing an order. If the collected data changes after the order, the Provider is obligated to update his profile immediately or to otherwise transmit the changed data to portraitbox.
c) The Provider must keep its password secret and carefully secure access to its membership account. The Provider is obliged to inform portraitbox immediately if there are indications that a member account has been misused by third parties.
d) portraitbox offers the Provider in its administration area the possibility to forward the image orders of the End Customers directly to a partner laboratory of portraitbox, which prints the images directly and sends them to the End Customer. The Provider actively decides whether it wishes to conclude this creation contract with the partner laboratory. Portraitbox is merely an intermediary in this contract and the contractual relationship is established exclusively between the Provider and the partner laboratory.
4. Cancellation policy for the contract of use for consumers
(1) Right of withdrawal: You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (portraitbox GmbH, represented by Managing Director David Wendt, Am Steinhof 4a, 33106 Paderborn, telephone number: 05254/9362411, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal: If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have selected a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
5. Copyright and right of use
a) The copyright and right of use for published objects (Internet pages, scripts, programs, graphics) created by portraitbox shall remain solely with portraitbox.
b) Upon conclusion of the contract concerning the image gallery, the Provider shall receive a simple, spatially unlimited right to use the image gallery in accordance with the scope agreed in the contract for exclusively his own purposes for the duration of the contract. Further rights, in particular for reproduction beyond the extent necessary for the contractual use, are not granted.
Any rights arising from Sections 69 d (2) and (3), 69 e UrhG shall remain unaffected.
c) Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications, in particular on other internet pages, is not permitted without portraitbox’s agreement. The comprehensive copyright with all powers
according to §12 to §27 UrhG (German Copyright Act) to all documents, information and contractual objects created within the scope of the contract initiation and including warranty and maintenance is exclusively entitled to portraitbox, unless otherwise agreed in writing.
Any reproduction or use of elements of the image gallery in other electronic or printed publications, in particular on other websites, is not permitted without portraitbox’s express consent. portraitbox is exclusively entitled to the comprehensive copyright with all powers according to §12 to §27 UrhG (German Copyright Act) to all documents, information and contractual items created within the scope of the contract initiation and including warranty and maintenance, unless otherwise agreed in writing.
6. Presentation of the offers of the providers, responsibility
a) portraitbox takes over the technical presentation integration of the Provider’s image gallery or photographer profile into the Platform. Portraitbox provides the technical implementation of the Provider’s image gallery.
b) The Provider has the possibility to create a service offer in its image gallery. In the event of an agreement between the Provider and its Client on the respective service and the submission of legally binding contractual declarations, a contract for the respective service shall be concluded between the Provider and the Client. portraitbox shall not become a contractual partner in this respect, but shall act solely as an intermediary.
c) The information under 5.b) also applies to the photographer search. portraitbox merely provides the User data so that the Provider can contact the Users. A contractual relationship is also established here between the Provider and the User. Portraitbox does not guarantee the accuracy of the data entered by the Client or that the Client can actually be contacted via this data. Portraitbox merely transmits the data to the Photographer. No verification takes place.
d) The provider is responsible for ensuring that any content supplied by him (presentation text, product descriptions, image material, etc.) is completely free of third-party rights and is also suitable for these uses from a legal perspective and may be made available.
e) The Provider shall indemnify portraitbox against all claims, including claims for damages, asserted by third parties against portraitbox due to an infringement of their rights by the content posted by the Provider on portraitbox’s websites. The Provider shall bear all reasonable costs incurred by portraitbox due to such infringement of third party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages of portraitbox remain unaffected.
f) portraitbox may at any time check the Presentation (any text entries and representations) as to its admissibility or have it checked. If portraitbox suspects that a Presentation violates the GTC, the business policy of the Platform (in particular the provisions of these GTC), legal provisions or the rights of third parties, portraitbox may remove the relevant Presentation from the Platform at any time without stating a reason and without this entailing any obligations for portraitbox.
g) portraitbox has the right to technically edit, prepare and adapt offers and contents of Providers in such a way that they can also be displayed on mobile devices or software applications of third parties.
h) In principle, within the framework of the legal system, all services can be offered via the image gallery in the photography area. The provider is obliged to describe his offers truthfully and is liable for corresponding legal information and labeling obligations as well as possible approvals of his offer.
7. Duties of the provider
a) The Provider affirms that it operates a commercial enterprise or acts as a merchant in legal transactions and/or is treated as such (e.g. freelancer). Proof can be provided by stating the VAT identification number when requested by portraitbox. Private persons are excluded from trading in the role of a provider on the platform.
b) The Provider who has opened a Photographer’s profile in the Photographer Search (www.fotografensuche.de) grants portraitbox a simple right of use for advertising and marketing purposes in respect of any materials made available in the profile only in accordance with the following conditions: Portraitbox selects highlight photos from all the photos displayed on the platform and publishes them for advertising purposes in portraitbox’s own profiles under Facebook, Twitter, Instagram and Pinterest.
d) Providers may not use addresses, contact data and other personal data obtained through the use of the platform for any other purposes than for contractual and pre-contractual communication or for the respective contractual purposes. In particular, it is prohibited to resell this data or to use it for sending advertising, unless the respective user has expressly consented to this in advance.
e) The Provider shall treat the terms and conditions of the order arising from the contractual relationship with portraitbox as confidential.
f) The Provider itself is responsible for archiving information that can be viewed on the Platform and that is stored by portraitbox and that it requires for purposes of preserving evidence, accounting, etc., on a storage medium that is independent of the Platform.
g) The Provider undertakes to duly perform the service in accordance with the image gallery/photographer search contract with the Client. In the event of a reversal of the contract, this will be done directly between the provider and the individual client. The intermediary need only refer to the liability of the provider in case of disputes regarding the contract with the client.
h) A contractual relationship according to item 3 (d) exists between the provider and the partner laboratory. In the event of disputes arising from this contract or a reversal of the contract, this shall take place directly between the Provider and the partner laboratory. The intermediary portraitbox only needs to refer to the liability of the Provider or the partner laboratory in case of disputes regarding the contract.
8. terms of payment
a) Image gallery
aa) The use of the image gallery is subject to a fee and a monthly payment is agreed. An exception to this is the 30-day trial offer.
ab) Invoicing is monthly in advance for the following month. The prices are due upon receipt of the invoice. The invoice is considered received when it is available in the client’s email account.
ac) The Provider shall grant portraitbox a direct debit authorization. portraitbox will collect the invoice amount from the Provider’s account by direct debit after receipt of the invoice. If a payment initiated by direct debit is not executed due to reasons for which the Provider is responsible, such as incorrect information, revocation or non-existent coverage on the original account, the Provider will be charged the costs incurred up to EUR 25. The provider undertakes to notify any change in his account details without delay.
b) Photographer search
ba) Premium Package
The use of the Premium Package is subject to a fee and a monthly payment is agreed.
bb) Invoicing takes place monthly in advance for the following month. The prices are due upon receipt of the invoice. The invoice is considered received when it is available in the client’s email account.
bc) The Provider shall grant portraitbox a direct debit authorization. portraitbox will collect the invoice amount from the Provider’s account by direct debit after receipt of the invoice. If a payment initiated by direct debit is not executed due to reasons for which the Provider is responsible, such as incorrect information, revocation or insufficient funds on the original account, the Provider will be charged the costs incurred up to EUR 25. The provider is obligated to immediately notify any change in his account data.
a) In the event that the payment deadlines are exceeded, portraitbox is entitled to charge the default interest set by law.
b) If the Provider is in default of payment, portraitbox is also entitled to block the provided Services at the expense of the Provider. In this case, the Provider remains obligated to pay the monthly prices.
c) If the Provider is in arrears with the payment of the prices or a major part thereof for two consecutive months or, in a period extending over several months, with the payment of the prices in an amount equal to the monthly remuneration for two months, portraitbox may terminate the contractual relationship without observing a notice period. portraitbox reserves the right to assert further claims due to default of payment.
d) In addition, in the case of contractual relationships in which the Provider has undertaken to pay a monthly package price, portraitbox is entitled, in the event that it terminates the contract, to demand liquidated damages from the Provider in the amount of 50% of the monthly package price that would have been payable until the end of the minimum contract term. This shall not apply if the Provider proves that no damage has been incurred or that the damage actually incurred is significantly less than the lump sum. The Provider is only entitled to withdraw from the contractual relationship if portraitbox fails to comply with a grace period set by the Client, which must be at least two weeks.
a) Contractual obligations arising from any contracts concluded with the Client shall be effective for and against the Provider. Contractual obligations arising from any contracts concluded between the Provider and the Partner Laboratory shall be effective for and against the Provider or the Partner Laboratory.
b) portraitbox’s liability vis-à-vis the User shall be excluded for damage to legal assets other than life, body or health, unless the damage is based on intentional or grossly negligent conduct by portraitbox, one of its legal representatives or one of its vicarious agents or the conduct is not a breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which makes the proper performance of the contract possible in the first place and compliance with which the User may regularly rely on. The aforementioned exclusions and limitations of liability do not apply in the case of the assumption of express guarantees by portraitbox and in the case of claims due to the lack of warranted characteristics or insofar as claims under the Product Liability Act are concerned.
c) For the recovery of data, portraitbox shall only be liable to the extent that the User has taken all necessary and reasonable data backup measures and has ensured that the data can be reconstructed from data material held in machine-readable form with reasonable effort.
d) The user/viewer has individual setting options in the browser (viewing software for Internet pages) that can change the way the pages are displayed. The various browsers also interpret the source code differently in some cases, which can lead to different display modes. portraitbox therefore does not guarantee or warrant that the HTML documents will be displayed completely identically with all browsers.
e) portraitbox endeavors to provide access to the Service 24 hours a day, seven days a week. However, temporary interruptions of service due to the usual maintenance work, disruptions of the internet at third-party providers or third-party network operators as well as in case of force majeure are possible. Therefore, there is no claim to an uninterrupted accessibility of the platform at any time.
a) Image gallery
aa) The contract for the use of the image gallery is concluded for 1, 3 or 12 months.
ab) The contractual relationship regarding the use of the image gallery can be terminated by both contracting parties at the earliest at the end of the minimum contract term. Notice of termination must be received by the contractual partner in writing at least 30 days (3-month and 12-month rates) or 7 days (1-month rates) before the end of the minimum contract term.
ac) If the contractual relationship for the use of the online gallery is not terminated by either party, the contractual relationship shall be automatically extended by the respective contractual term. A 30-day (3-month and 12-month rates) or 7-day (1-month rates) notice period shall also apply to the termination of the respective subsequent contract periods.
b) Photographer search
ba) The contract on the use of the Photographer Search is concluded for one or twelve months.
bb) The contractual relationship regarding the use of the Photographer Search can be terminated by both contractual partners at the earliest at the end of the minimum contract term. The termination must be received by the contractual partner in writing at least 7 days (for contracts with a contract term of one month) or 30 days (for contracts with a contract term of 12 months) before the expiry of the minimum contract term.
bc) If the contractual relationship regarding the use of the Photographer Search is not terminated by any of the contracting parties, the contractual relationship shall be automatically extended by one month in each case. A notice period of 7 days (for contracts with a contract term of one month) or 30 days (for contracts with a contract term of 12 months) shall also apply for the termination of the respective subsequent 1-month contract terms.
c) The right of the contracting parties to terminate the contract for good cause without observing a notice period shall remain unaffected. Good cause shall be deemed to exist if one of the contracting parties grossly breaches the obligations expressly regulated in this contract and, in particular, if insolvency proceedings are instituted against the assets of the other contracting party or if the other contracting party becomes insolvent or unable to pay.
d) All notices of termination under this Agreement shall be in text form.
The contracting parties undertake to treat as confidential any trade and business secrets which they – including their vicarious agents – have acquired on the occasion of the initiation of the contract or the performance of the contract. These obligations shall not apply to information, knowledge and experience which can be proven to be generally known without breach of this confidentiality obligation, which can be proven to have already been known to the parties prior to receipt of the information, knowledge and experience, which can be proven to have been received from a third party without an obligation to maintain confidentiality or which can be proven to have been independently developed.
a) The present contract shall be governed exclusively by German law. The contractual language is German.
b) The place of jurisdiction for this contract is Paderborn.
c) Should individual provisions of this contract be invalid or lose their validity due to a circumstance occurring at a later date, the validity of the rest of the contract shall remain unaffected.
Online dispute resolution
Online dispute resolution pursuant to Art. 14 para ODR Regulation:
The European Commission provides an online dispute resolution (ODR) platform, which can be found at https://www.ec.europa.eu/consumers/odr.