General Terms and Conditions (GTC)

1. Scope of Application of Terms and Conditions

(1) The following terms and conditions apply to all orders received by Navarro Photography (photographers). Unless an immediate objection is raised, they shall be deemed accepted.

(2) All products produced by Navarro Photography (photographers) are considered photographs within the meaning of these terms and conditions. This includes printed photographs, electronic image files in digital form, prints and reproductions on various materials, and videos.

(3) By placing an order with Navarro Photography, these terms and conditions are deemed accepted in full. The customer waives any conflicting terms and conditions. Such terms and conditions shall only become binding if expressly confirmed in writing by Navarro Photography. Supplementary agreements are only valid if confirmed in writing.

(4) The customer accepts these terms and conditions by completing and submitting the booking form (including WhatsApp, SMS, and email as booking confirmation) and thereby confirms having read and understood them.

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2. Services

(1) The photographers perform their services independently and with artistic freedom. The client has no claim to specific motifs, perspectives, or a specific number of photographs unless this has been expressly agreed upon in writing.

(2) We will produce physical prints or reproductions of the photographs selected by the client from our gallery. These are digital files reproduced on a physical medium, with optional framing or mounting.

3. Client's Obligations

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(1) The client is responsible for ensuring that:

• necessary permits (e.g., for desired locations, trademark rights) are obtained,

• all persons depicted have consented to being photographed,

• in the case of minors, the consent of their legal guardians has been obtained.
   

(2) For photo shoots involving vehicles, the client confirms that they possess a valid driver's license and agrees to drive carefully, cautiously, and safely, adhering to the German Road Traffic Regulations (StVZO/StVO). The photographer cannot be held liable for property damage and/or personal injury resulting from a fall or accident.

4. Copyright / Rights of Use

(1) All photos and videos created within the scope of this commission remain the intellectual property of Navarro Photography (the photographer). These rights are non-transferable. The client therefore receives an exclusive right of use from the photographer for all types of use, whether known or unknown. This includes a simple, non-transferable license, unlimited in time and territory, for private use of the images.

(2) Navarro Photography will only transfer full rights of use to the photographs to the client once the agreed sum has been paid in full.

(3) The client receives a simple, unlimited right of use, without time or territory restrictions, exclusively for private purposes.

This means:

Use for private social media profiles

• private prints & photo books

• sharing with family & friends

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Specifically prohibited:

• commercial use

• advertising services or products

• use for company profiles

• sharing with third parties for commercial purposes

• image editing, cropping, or filters that alter the style
   

A separate written agreement and payment are required for any commercial use – including on social media or websites.

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(4) Self-promotion

Unless expressly objected to, Navarro Photography is entitled to use the resulting images for self-promotion (website, social media, portfolio, print products). Objections can be submitted in writing at any time.

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5. Booking an Appointment

(1) The appointment becomes binding as soon as the booking confirmation is received. For this, personal information, including address and especially telephone number for inquiries and invoicing, is required. By submitting the form, you acknowledge the Terms and Conditions of Navarro Photography. For information on your right of withdrawal, please see "Withdrawal." As the client, you are therefore obligated to pay the agreed fee, as well as any cancellation fees according to our cancellation policy under "Service Disruption, Cancellation Fee."

6. Services and Payment

(1) Prices for physical prints or elaborations are as agreed in the offer. They depend on the chosen size, finishing, mounting, and hanging method.

(2) A package price is charged for the creation of photographs from a photoshoot. Additional costs may arise for special requirements regarding location, equipment, or props. These will be itemized and charged separately in the offer. If the client requests changes during or after the photoshoot, they are responsible for the resulting additional costs. Until full payment of the purchase price, the photographs remain the property of the photographer in all forms.

(3) The fee must be paid in full on the day of the shoot. Invoices are payable immediately and without deduction.

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7. Service Disruption, Cancellation Fee

(1) Rescheduling can be requested up to four weeks before the originally agreed-upon date. However, Navarro Photography is not obligated to offer a new date.

(2) Arriving late for the shoot reduces the time available for the shoot. The booked package price must be paid in full, even if not all sets or equipment are used.

(3) If you are more than 30 minutes late and do not notify us, this will be considered a "no-show" and we will charge you a cancellation fee of 100% of the booked package price.

(4) If the booking is canceled by the client for any reason whatsoever (e.g., illness, epidemic, force majeure), statutory rights of withdrawal remain unaffected by the following provisions.

(5) We do not require a deposit. In the event of cancellation after completing the reservation or booking form, a fee will be charged in all cases. Free cancellation is not possible. By submitting the reservation or booking form, the customer declares that they have read and accepted the services, prices, and these Terms and Conditions published on the website. The reservation becomes binding upon confirmation by the studio. In the event of cancellation, a flat-rate reservation and cancellation fee of €200 will be charged. The customer expressly reserves the right to prove that no damage or significantly less damage was incurred.

If the cancellation is made between 48 and 24 hours before the agreed appointment, a cancellation fee of 80% of the agreed total amount will be charged instead of the cancellation fee. If the cancellation is made less than 24 hours before the agreed appointment or in the case of a no-show, a cancellation fee of 100% of the agreed total amount will be charged instead of the cancellation fee.

Double billing will not occur.

(6) Goodwill: If the client reschedules a previously agreed appointment at short notice and the photographers offer a new, alternative date as a goodwill gesture, there is no entitlement to further rescheduling. If the client cancels the rescheduled appointment again or fails to attend, the full cancellation fee (100% of the agreed total amount) will be due, regardless of the reasons for the cancellation.

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8. Image Material

(1) The photographer guarantees delivery of the finished photos within six weeks of the client's selection. Delivery typically occurs within 3-4 weeks.

(2) Every photographer has their own artistic style. The client can get an idea of ​​this style on the Navarro Photography website, on the Navarro Photography social media channels, and during the initial consultation, and can express their own preferences beforehand. The artistic and technical aspects of the shoot are solely the responsibility of Navarro Photography. If the client subsequently disagrees with the technical and/or artistic aspects of the shoot, this does not constitute a defect as defined in § 434 of the German Civil Code (BGB) or § 633 of the German Civil Code (BGB).

(3) Should changes be desired after receiving the retouched images, Navarro Photography will charge a fee of €70 per hour. The final decision regarding the feasibility of any changes rests with the photographers or their team.

(4) The client receives only edited, high-resolution images in JPG format. The number of images depends on the package booked. We do not release RAW files (raw data).

(5) Retouching: All images receive professional retouching by Navarro Photography. This includes cropping, adjusting color temperature, contrast, and brightness. Requests for beauty retouching (removing skin blemishes, reducing under-eye bags, and smoothing fine lines) can be made during and after the shoot without obligation. The photographers will consider these requests to the best of their ability and at their own discretion, taking into account the estimated effort involved.

(6) Image manipulation is not included in the standard service and is therefore not part of the retouching. Examples include double chin removal, weight reduction (such as tummy slitting), and face overlays or replacements. These services can be commissioned separately, provided our retouching team deems them feasible. The final decision regarding feasibility rests with the photographers or their team.

(7) Image manipulation is not included and is therefore not part of the retouching service. (7) Should the selection of images by the customer take longer than 3 weeks and no final response be received despite two inquiries, we reserve the right to make our own image selection.

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9. Cancellation

(1) Please note that for prints or reproductions of works with freely selectable size, features, finishes, or details ("custom products") from our gallery, the right of cancellation is excluded, as the prints are individually produced according to your specifications and tailored to your personal needs. For custom products, the right to cancel the order is excluded according to § 312g para. 2 no. 1 of the German Civil Code (BGB) (right of cancellation and return for distance contracts).

(2) Right of Cancellation for Photoshoots

The client has the right to cancel a contract for a photoshoot agreed upon online, via email, or via WhatsApp within 14 days without giving reasons. The cancellation period is 14 days from the date of booking or appointment scheduling. To exercise the right of cancellation, a clear declaration must be sent by email to info@navarro-photography.de.

If the appointment is to take place within 14 days, the client agrees that the service will be provided early and that the right of withdrawal expires upon full performance (§ 356 para. 4 of the German Civil Code). This consent is given automatically upon online booking or scheduling via email or WhatsApp. If the client withdraws within the deadline and partial services have already been rendered (planning, preparation, organization, booking of locations, equipment), Navarro-Photography may demand reasonable compensation in accordance with § 357 para. 8 of the German Civil Code.

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10 Liability

(1) Photographer's Cancellation: The organization and assignment of bookings to the contractor, as well as their execution, are carried out with the utmost care. However, should a photographer fail to appear or arrive late for the agreed photo shoot due to unforeseen circumstances beyond the contractor's control (e.g., sudden illness, traffic accident, environmental factors, traffic disruptions, etc.), no liability can be accepted for any resulting damages or consequences. Should an incident occur before the agreed date, the photographer will endeavor to arrange a replacement date. However, this is not guaranteed.

(2) Image Loss: From the moment the image material is properly made available online or delivered, the clients are responsible for its proper use.

(3) Image Material: The photographers are not liable for the loss of stored image material and digital files. The images will be archived (for up to two weeks after delivery to the client), but the client has no right to this.

11. Information on Dispute Resolution PURSUANT TO SECTION 36 OF THE GERMAN CONSUMER DISPUTE RESOLUTION ACT (VSBG)

Pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG), the operator of this website declares:

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

12. Data Protection

Personal data is processed exclusively for contract fulfillment. Further information can be found in the privacy policy at www.navarro-photography.de.

13. Severability Clause

The laws of the Federal Republic of Germany shall apply. If any provision of these Terms and Conditions is or becomes invalid in whole or in part, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by the applicable statutory provision.