General terms & conditions
Melda
Photography
Last updated:
Valid from:
1. Scope
These General Terms and Conditions (GTC) apply to all contracts between Melda Photography and customers. By booking a session, you accept these conditions.
2. Booking Process & Confirmation
2.1 Booking
– Bookings are made via our website or by email
– You will receive a confirmation email with date, time and location
2.2 Binding
– Bookings are binding as soon as you confirm them
– A written confirmation email is considered an agreement
3. Payment
3.1 Deposit
– 30% of the total amount is required as a deposit
– This deposit secures your booking
– The remaining 70% you pay on the day of the session
3.2 Payment options
– Bank transfer
– PayPal
– Cash
3.3 Bank Transfer & PayPal
– Photos will only be delivered when the full amount has been received in the respective bank/PayPal account
– Check your bank transfer in time; delays are at your expense
– International transfers may incur bank fees
3.4 Cash payment
– Cash payment takes place on the day of the session on site, after the photoshoot
– The remaining 70% (after 30% deposit) must be paid in cash
– No payment = No delivery: Photos and digital files will only be delivered after receipt of full payment
– If the cash payment is not made on site, Melda Photography reserves the right not to deliver photos
3.5 Late Payment
– If the deposit is not made on time, Melda Photography may cancel the booking
– If the remaining amount (70%) is not paid on site, photos and digital files will not be delivered
– For bank transfer and PayPal: Photos will only be delivered when the full payment has been received
4. Cancellation & Rescheduling (German BGB § 651)
4.1 Cancellation by Customer
– Up to 2 weeks before the session: Free cancellation, deposit will be retained
– Less than 2 weeks before the session: Deposit forfeited; you pay the full amount or book an alternative date
– On the day of the session: Full amount is due
4.2 Rescheduling by Customer
– Up to 2 weeks in advance: Free rescheduling to another available date
– Less than 2 weeks: Deposit remains; remaining amount is due for the new date
4.3 Cancellation by Melda Photography
– In the event of unforeseen circumstances (illness, emergencies, technical defects):
1. Melda Photography will first try to reschedule the session to another date
2. If rescheduling is not possible, you will receive a full refund of all amounts paid
3. You will be informed of this in writing as soon as possible
5. Weather Conditions & Force Majeure
5.1 Bad Weather
– If the weather is bad on the planned date, you can request a rescheduling
– Requests must be submitted at least 1 day in advance by email
– Melda Photography will try to offer an alternative date
– If this is not possible, you will receive a full refund
5.2 Unforeseen Circumstances
– For other unforeseen circumstances (pandemic, natural disasters, accidents) the same procedure applies as for bad weather
6. Delivery & Photo Files
6.1 Delivery Period
– Photos will be delivered within 2 weeks after the session
– Delivery is digital via a secure download link
6.2 File format
– All photos are delivered as edited JPEG files
– Unedited RAW files are not provided
6.3 Download Link Availability
– The download link remains available for 14 to 30 days (depending on the selected package).
– After this period, the files will be deleted
6.4 Archiving & Storage
– Melda Photography keeps a personal copy of all photos for archival purposes
– These copies are stored for at least 1 year
7. Photo Use & License Rights
7.1 Ownership
– All photos are the property of the customer after delivery
– Melda Photography retains the copyright to the original works
7.2 Use by Customers
– Private Use: Customers may use photos for personal purposes (prints, albums, private sharing)
– Commercial Use: Customers may NOT use photos commercially without an additional license (e.g. for business website, merchandising, advertising)
– For commercial use, contact is required for a separate license agreement and possible additional costs
7.3 Editing
– Customers may not professionally edit or alter photos
– Personal use (cropping, brightness adjustment for private use) is permitted
– Commercial editing requires permission
7.4 Photo Use by Melda Photography
– Melda Photography may use photos for:
– Portfolio & website
– Social media (Instagram, Facebook, TikTok)
– This is only done with the prior consent of the customer
– Customers who give consent receive a 5% discount on the session
7.5 Duration of Use by Melda Photography
– Photos may be used for at least 12 months after publication
– If the customer withdraws consent before 12 months, the 5% discount must be repaid
– After 12 months, consent can be withdrawn without consequences
8. Liability & Acceptance of Risks
8.1 Technical Defects
– Should Melda Photography’s equipment fail, you will receive:
– Full refund of the session costs
– Attempt to arrange an alternative date
8.2 Data loss
– In the event of data loss (hard drive failure, corrupted storage), Melda Photography’s liability is limited to the session amount
– Melda Photography is not liable for indirect damages or compensation
8.3 No Insurance
– Melda Photography currently has no liability insurance
– Melda Photography cannot be held liable for damages exceeding the amounts stated in these conditions
8.4 Acceptance of Risk
– By agreeing to these conditions, you accept the stated risks
9. Changes & Adjustments
9.1 Rescheduling by Customers
– Up to 2 weeks in advance: Free rescheduling possible
– Less than 2 weeks: Deposit forfeited; full amount is due for the new date
9.2 Change of Location
– A change of location must be agreed at least 2 weeks in advance
– Additional costs may be incurred (e.g. for additional travel time)
9.3 Session Content
– Changes to the session content (type, duration) must be agreed in writing in advance
– This may entail additional costs
10. Personal Data & GDPR (BDSG)
10.1 Data Collection
– Melda Photography collects personal data required for booking and delivery
– This data is processed in accordance with Regulation (EU) 2016/679 (GDPR)
10.2 Retention period
– Customer data (name, email, phone) is stored for 12 months
– After 12 months, data is deleted unless legally required to retain it longer
– Customers can request deletion at info@melda.photography
10.3 Further information
– More details on data processing can be found in our Privacy Policy
11. Legal Status & Small Business
11.1 Small Business
– Melda Photography is registered as a small business under § 19 UStG (German Value Added Tax Act)
– No value added tax (VAT) is charged on invoices
11.2 Invoicing
– All invoices are issued without value added tax
12. Right of Withdrawal
12.1 Scope
– The 14-day right of withdrawal under German BGB § 312g does not apply to photo sessions
– Since photo sessions are services provided on the agreed date, the right of withdrawal expires with the commencement of the service
12.2 Payment Obligation
– You are obligated to pay for the session, even if you later do not wish to participate
13. Applicable Law
These General Terms and Conditions are subject to:
– German law (BGB – Bürgerliches Gesetzbuch)
– EU law (GDPR, TTDSG)
– Disputes are settled according to German law
14. Final Provisions
14.1 Changes
– Melda Photography reserves the right to change these conditions
– Customers will be informed of changes by email or via the website
14.2 Severability Clause
– Should any provision of these conditions be invalid, the remaining provisions remain valid
14.3 Entire Agreement
– These conditions constitute the entire agreement between Melda Photography and customers
14.4 Additional information
– Imprint: www.melda.photography/en/imprint/
– Privacy Policy: www.melda.photography/en/privacy-policy/
Contact Details
Melda Photography
Email: info@melda.photography
Phone: +49 173 3640271
Website: www.melda.photography
If you have any questions about these conditions, please contact us.
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