1. Scope
(1) The following General Terms and Conditions (GTC) apply to all legal transactions with consumers and entrepreneurs conducted with:
Carina Maiwald
Photography, Coaching & Mentoring
Nordstraße 10
40667 Meerbusch
team@carinamaiwald.com
hereinafter referred to as "I". Legal transactions may be concluded via email, contact form, or through the website.
(2) The language available for concluding the contract is English.
(3) Only these GTC shall apply. Any conflicting or differing terms and conditions used by you will not be recognized unless I have expressly agreed to their validity in writing or in text form.
2. Applicable Law and Consumer Protection Provisions
(1) The law of the Federal Republic of Germany applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), if:
a) You place an order as an entrepreneur,
b) You have your habitual residence in Germany, or
c) Your habitual residence is in a state that is not a member of the European Union.
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code) and your habitual residence is in a member state of the European Union, German law also applies, provided that mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) A consumer, as defined by the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legally capable partnership acting in the exercise of their trade, business, or profession when entering into a legal transaction.
(4) The version of these GTC valid at the time of booking shall apply.
(5) The prices at the time of booking shall apply.
(6) Any advertised discount or promotional offers are limited in time or quantity and are subject to availability. There is no entitlement to such offers.
3. Subject of the Contract
(1) The subject of the contract may include the following services (this list is not exhaustive):
- Photoshoot
- License agreement
- Physical photo products
- Photo calendars
- Postcard sets
(2) All offers on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4. Prices, Payment Terms, and Due Dates
(1) My prices are displayed as net prices plus statutory VAT for entrepreneurs, applicable to Germany. For consumers, I display the gross amount.
(2) An invoice will generally be sent via email in the form of a PDF document. The invoice amount is due immediately or within a maximum of 7 days to be paid to me.
(3) Access to the respective services is dependent on prior payment. Once I have received your payment, you are entitled to my corresponding performance from that point onward.
(4) Late payments, both for single purchases and installment payments, will incur interest at the agreed rate (installment payment amounts are usually higher than a one-time payment) as well as fees for appropriate reminders. If internal reminders are unsuccessful, I may forward the outstanding debt to a lawyer for collection. In this case, you will incur costs for the use of legal representation.
(5) You are not entitled to assert a right of retention or offset against my payment claims, unless it involves undisputed or legally established counterclaims.
(6) If a SEPA direct debit mandate issued by you is cancelled without legal grounds, you must pay not only the bank fees for returned direct debits but also legal consultation fees. Such actions may also have criminal consequences.
(7) If you fall into payment arrears or otherwise delay, I am entitled to refuse performance or delivery until all outstanding payments are made. I also have the right to withhold, interrupt, delay, or completely cease services without being obliged to compensate for any resulting damages. These rights are in addition to any other contractual or legal rights and claims I may have.
5. Right of Withdrawal / Withdrawal Instruction
If the customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within 60 days without giving any reason.
The withdrawal period is sixty days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Carina Maiwald, Nordstraße 10, 40667 Meerbusch, team@carinamaiwald.com) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than sixty days from the day we received your withdrawal notification. We will use the same payment method that you used for the original transaction, unless otherwise agreed with you; in no case will you incur any fees due to this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us without undue delay and in any case no later than sixty days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days expires.
You will bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling the goods in a way that was not necessary to examine their nature, characteristics, and functioning.
End of the Withdrawal Instruction
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Carina Maiwald
Nordstraße 10
40667 Meerbusch
Germany
Email: team@carinamaiwald.com
I/we hereby withdraw from the contract I/we concluded for the purchase of the following goods/services:
……………………………………………………………………………………………………………………
Ordered on () / Received on ()
……………………………………………………………………………………………………………………
Name of consumer(s):
……………………………………………………………………………………………………………………
Address of consumer(s):
……………………………………………………………………………………………………………………
Date
Signature of consumer(s)
………………………………………………….
(*) Please delete as appropriate
End of Withdrawal Form
Part 3: Liability Limitation
(1) I am liable for intent and gross negligence. I am also liable for the negligent breach of duties that are essential for the proper execution of the contract, whose violation endangers the achievement of the contract's purpose and on whose compliance you can regularly rely. In this case, however, I am only liable for the foreseeable, typical contractual damage. I am not liable for the negligent breach of other duties not mentioned in the preceding sentences.
The above exclusions of liability do not apply to the violation of life, body, and health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the internet cannot be guaranteed to be error-free and/or continuously available according to the current state of technology. Therefore, I do not accept liability for the continuous and uninterrupted availability of the offer.
(3) All mentioned liability limitations also apply to my vicarious agents.
Part 4: Force Majeure
(1) Force majeure occurs when an external event, unrelated to the operation and unforeseeable, and unavoidable even with the utmost reasonable care, prevents the fulfillment of the contract. Force majeure includes natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fires), political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases, and quarantine orders by authorities, countries, and states.
The list is not exhaustive, and similar events, as mentioned in paragraph 1, are also considered force majeure.
(2) The party that becomes aware of the event first will inform the other party promptly.
(3) In the case of force majeure as defined in paragraph 1, we agree that the contract performance will be suspended for the duration of the hindrance. This means that our respective performances will be temporarily suspended. Fees already paid for consultations, events, courses, etc., remain with me during this period. If you still need to make payments, those for services already rendered must still be paid. For services not yet rendered, you can pause payment during the suspension period of the contract.
After the unforeseen event has ended, the contract will resume. Any further damages will be borne by each party individually.
6: Final Provisions and Jurisdiction
(1) Amendment of these Terms and Conditions
These terms and conditions may be amended if there is a valid reason for doing so. This may include, for example, changes in the law, adjustments to our offerings, changes in case law, or changes in economic circumstances. In the event of significant changes that affect you, we will inform you in advance about the planned amendments. After being informed, you have a 60-day right of withdrawal. After this period, the new provisions will become an effective part of the contract.
(2) Final Provisions
(2a) These terms and conditions are complete and final. Changes and additions to these terms and conditions should be made in writing to avoid misunderstandings or disputes between us regarding the agreed contract content — email (in text form) is sufficient.
(2b) If, as a consumer, you had your residence or habitual place of abode in Germany at the time of contract conclusion and either moved out of Germany at the time of legal action by me or if your residence or habitual place of abode is unknown at that time, the place of jurisdiction for all disputes is my registered office in Meerbusch. For entrepreneurs, the place of jurisdiction for all disputes is my registered office in Meerbusch.
(2c) I inform you that, in addition to the regular legal process, you also have the option of extrajudicial dispute resolution according to Regulation (EU) No. 524/2013. You can find further details in Regulation (EU) No. 524/2013 and on the website: http://ec.europa.eu/consumers/odr.
I do not participate in the dispute resolution procedure.
(2d) If any provisions of this contract are or become invalid, this will not affect the rest of the contract. The scope of services agreed upon in the provision will then be adjusted within the legally permissible limits.
(2e) Data collection according to Article 13 GDPR: The photographer collects data for the purpose of contract fulfillment, to fulfill contractual and pre-contractual obligations, and for direct marketing. The data collection and processing are necessary for the performance of the contract and are based on Article 6(1)(b) of the GDPR.