La recherche de photographes est un service de Portraitbox - Système de boutique pour photographes.
(Status 24.03.2025)
a) The following General Terms and Conditions (GTC) are an integral part of all contracts (in written and electronic form) with the company Portraitbox GmbH, represented by the CEO David Wendt, Am Steinhof 4a, 33106 Paderborn, Germany (hereinafter referred to as "Fotografensuche") which are concluded via fotografensuche.de or heyphoto.com.
b) Deviating general terms and conditions 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 these GTC must be made in writing.
Users:
Users are all visitors to the fotografensuche.de and heyphoto.com portals, in particular customers, providers of images and goods, potential customers, potential providers and occasional visitors, etc.
Provider:
Those users of fotografensuche.de and heyphoto.com who register for the photographer search on the platform are considered providers. The offer to use the platform as a provider is only aimed at entrepreneurs.
Customer:
Customers are those visitors to fotografensuche.de and heyphoto.com who purchase and/or wish to purchase goods and services from the providers on the platform. Potential customers are also included in the term.
a) The platform includes the photographer search function (fotografensuche.de and heyphoto.com).
aa) Providers can also register to be included in the "Fotografensuche" function and create their own profile. Registration creates a contractual relationship ("contract of use") between "Fotografensuche" and the registered user. Registration for the photographer search is free of charge. There is no entitlement to the conclusion of a contract of use. Input errors can be corrected before submitting the registration using the usual keyboard and mouse functions. Once the provider's binding registration request has been received by "Fotografensuche", the provider will receive an e-mail confirming receipt of the registration request.
ab) For the photographer search, the provider can choose between different offer versions (Free, Premium, Pro) of "Fotografensuche". The offers presented on the website do not constitute an offer in the legal sense. By placing an order, the provider makes a binding 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. After receipt of the provider's offer by "Fotografensuche", the acceptance of the contract is expressly confirmed by "Fotografensuche" to the provider by e-mail or letter post. The text of the contract is stored by "Fotografensuche" and is sent to the provider by e-mail.
ac) Free registration (Free package) creates a contractual relationship between "Fotografensuche" and the registered user. There is no entitlement to the conclusion of a contract of use. Input errors can be corrected before submitting the registration using the usual keyboard and mouse functions. After the provider's binding registration request has been received by "Fotografensuche", the provider will receive an e-mail confirming receipt of the registration request.
ad) The customer can start a general, free inquiry via the photographer search. To do so, they must send various mandatory details to "Fotografensuche" via the inquiry form. Additional information is voluntary. This request will be forwarded to the providers in question, depending on the package selected. If a provider is interested in the request, "Fotografensuche" transmits the user data to the photographer. The provider must contact the requesting user within three days of receiving the data. "Fotografensuche" does not guarantee that a photographer will contact the customer.
ae) The customer can send a free direct inquiry to a specific photo studio. To do so, they must send various mandatory details to "Fotografensuche" via the inquiry form. Additional information is voluntary. This request will be forwarded to the photo studio.
If the photo studio is interested in the request, "Fotografensuche" transmits 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. "Fotografensuche" does not guarantee that a photographer will not contact the customer.
b) The provider must provide the contract data requested in the order form or registration form completely and correctly, if and insofar as this is not marked as voluntary information. It is not permitted to provide artist names, pseudonyms or other fantasy names in the context of the personal name query. It is also prohibited to provide false or otherwise inaccurate information when placing an order. If the data collected changes after the order has been placed, the provider is obliged to update his profile immediately or to transmit the changed data to "Fotografensuche" in another way.
c) The provider must keep his password secret and carefully secure access to his member account. The provider is obliged to inform "Fotografensuche" immediately if there are indications that a member account has been misused by a third party.
d) Prohibition of multiple entries: Each provider may only register once in the photographer search. Multiple entries by the same company or person are not permitted and will be deleted by us without prior notice. This rule serves to ensure fairness towards other studios and the quality of our platform.
a) The copyright and right of use for published objects created by "Fotografensuche" (Internet pages, scripts, programs, graphics) remains solely with "Fotografensuche".
b) Upon conclusion of the contract for "Fotografensuche", the provider receives a simple, spatially unlimited right to use the portal 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 contractual use, are not granted. Any rights under § 69 d (2) and (3), 69 e UrhG remain unaffected.
c) Reproduction or use of elements of the portal in other electronic or printed publications, in particular on other websites, is not permitted without the express consent of "Fotografensuche". The comprehensive copyright with all authorizations according to §12 to §27 of the German Copyright Act (UrhG) to all documents, information and contractual objects created within the scope of the contract initiation and including warranty and maintenance is exclusively entitled to "Fotografensuche", unless otherwise agreed in writing.
a) "Fotografensuche" takes over the technical presentation integration of the providers' photographer profiles into the platform. "Fotografensuche" provides the technical implementation of the portal.
b) The provider has the option of creating a service offer on the portal. If the provider and his customer agree on the respective service and submit legally binding contractual declarations, a contract for the respective service is concluded between the provider and the customer. "Fotografensuche" does not become a contractual partner in this respect, but acts exclusively as an intermediary
c) The information under 5.b) also applies to the photographer search. "Fotografensuche" 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. "Fotografensuche" does not guarantee the accuracy of the data entered by the customer or that the customer can actually be contacted via this data. "Fotografensuche" merely transmits the data to the photographer. No verification takes place.
d) The provider is responsible for ensuring that any content supplied by it (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 indemnifies "Fotografensuche" against all claims, including claims for damages, which third parties assert against "Fotografensuche" due to an infringement of their rights by the content posted by the provider on the websites of "Fotografensuche". The provider shall assume all reasonable costs incurred by "Fotografensuche" due to this infringement of third-party rights, including the reasonable costs incurred for legal defense. All further rights and claims for damages of "Fotografensuche" remain unaffected.
f) "Fotografensuche" may check or have the presentation (any text entries and representations) checked for admissibility at any time. If "Fotografensuche" 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, "Fotografensuche" may remove the presentation in question from the platform at any time without giving a reason and without this entailing any obligations for "Fotografensuche".
g) "Fotografensuche" has the right to technically edit, prepare and adapt offers and content from providers in such a way that they can also be displayed on mobile devices or software applications from third parties.
h) In principle, all services can be offered via the portal in the photography area within the framework of the legal system. The provider is obliged to describe his offers truthfully and is liable for corresponding legal information and labeling obligations as well as any approvals of his offer.
a) The provider assures to operate a commercial business or to act as a merchant in legal transactions and/or to be treated as such (e.g. freelancer). Proof can be provided by stating the VAT identification number when requested by "Fotografensuche". Private individuals are excluded from trading as providers on the platform.
b) The provider who has opened a photographer profile in the photographer search grants "Fotografensuche" a simple right of use for advertising and marketing purposes with regard to any materials made available in the profile only in accordance with the following conditions: "Fotografensuche" selects highlight photos from all photos displayed on the platform and publishes them for advertising purposes in the own profiles of "Fotografensuche" on Facebook, X (formerly Twitter), Instagram and Pinterest.
c) The provider is responsible for the legal design of its Internet presence and must ensure the provision of legally required texts (imprint, revocation declaration, data protection declaration, shipping costs, etc.) itself.
d) Providers may not use addresses, contact details and other personal data obtained through the use of the platform for any purposes other 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 must treat the order conditions from the contractual relationship with "Fotografensuche" confidentially.
f) The provider is responsible for archiving information that can be viewed on the platform and stored by "Fotografensuche", which it requires for the purposes of preserving evidence, bookkeeping, etc., on a storage medium that is independent of the platform.
g) The provider undertakes to perform the service properly in accordance with the contract on the photographer search with the customer. In the event of a reversal of the contract, this shall take place directly between the provider and the individual customer. The agent need only refer to the liability of the provider in the event of disputes regarding the contract with the customer.
h) The provider undertakes to enter only the actual and complete business address in his profile. If incorrect or incomplete address data is entered, the operator reserves the right to temporarily deactivate or permanently remove the profile.
a) Premium and Pro profiles
The use of a Premium or Pro profile is subject to a fee and a monthly or annual fee is agreed.
b) The prices are due upon receipt of the invoice. The invoice shall be deemed to have been received when it is available in the customer's e-mail account.
c) The provider may choose to pay the invoice amount either by direct debit or via the payment service provider Stripe.
Direct debit:
If the provider chooses direct debit, they shall issue Fotografensuche with a direct debit authorization. Fotografensuche shall collect the invoice amount from the provider's account after receipt of the invoice. If a direct debit is not executed for reasons for which the provider is responsible, such as incorrect information, revocation, or insufficient funds, the provider may be charged up to € 25 for the costs incurred. The provider undertakes to notify Fotografensuche immediately of any changes to their account details.
Payment via Stripe:
Alternatively, the provider can settle the invoice amount via the payment service provider Stripe. The following payment methods are available via Stripe: Apple Pay, Google Pay, Amazon Pay, credit card, Klarna, GiroPay. The provider selects the payment method during the payment process. The respective terms and conditions of the payment provider apply to payments via Stripe. If a payment via Stripe cannot be made for reasons for which the provider is responsible (e.g., incorrect information or insufficient funds), the provider may be charged the fees incurred by Stripe in this context. The terms and conditions of Stripe Payments Europe can be viewed on the website https://stripe.com/de/legal/ssa.
a) If the payment deadlines are exceeded, "Fotografensuche" is entitled to charge the statutory default interest.
b) If the provider defaults on payment, "Fotografensuche" is also entitled to block the services provided at the provider's expense. In this case, the provider remains obliged to pay the monthly or annual prices.
c) If the provider is in arrears with the payment of the prices or a predominant part thereof for two consecutive months or in a period that extends over several months with the payment of the prices in an amount that reaches the monthly remuneration amount for two months, "Fotografensuche" can terminate the contractual relationship without observing a notice period. Fotografensuche" reserves the right to assert further claims due to late payment.
d) In addition, in the case of contractual relationships in which the provider has undertaken to pay a package price, "Fotografensuche" is entitled, in the event of termination by the provider, to demand lump-sum compensation from the provider in the amount of 50% of the package price that would have been payable up to the end of the minimum contract term. This does not apply if the provider proves that no damage has been incurred or that the actual damage incurred is significantly less than the lump sum. The provider is only entitled to withdraw from the contractual relationship if "Fotografensuche" does not comply with a grace period set by the customer, which must be at least two weeks.
a) The liability of "Fotografensuche" towards the user is excluded for damages to legal interests other than life, body or health, insofar as the damages are not based on intentional or grossly negligent behavior of "Fotografensuche", one of its legal representatives or one of its vicarious agents or the behavior is also not a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. The aforementioned exclusions and limitations of liability do not apply in the case of the assumption of express guarantees by "Fotografensuche" or in the case of claims due to the lack of warranted characteristics or insofar as claims under the Product Liability Act are affected.
b) With regard to the recovery of data, "Fotografensuche" is only liable to the extent that the user has taken all necessary and reasonable data backup precautions and ensured that the data can be reconstructed from data material held in machine-readable form with reasonable effort.
c) The user/viewer has individual setting options in the browser (viewing software for websites) 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 types of display. "Fotografensuche" therefore assumes no guarantee or warranty that the HTML documents will be displayed completely identically with all browsers.
d) "Fotografensuche" endeavors to provide access to the service 24 hours a day, seven days a week. However, temporary interruptions in operation due to normal maintenance work, disruptions to the Internet caused by third-party providers or third-party network operators and in the event of force majeure are possible. There is therefore no entitlement to uninterrupted access to the platform at all times.
a) The contract for the use of the photographer search is concluded for one or twelve months.
b) The contractual relationship regarding the use of the photographer search can be terminated by either contractual partner 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 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 end of the minimum contract term.
c) If the contractual relationship for the use of the photographer search is not terminated by either party, 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) also applies to the termination of the following 1-month contract terms.
d) 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 a contracting party grossly violates the obligations expressly regulated in this contract, and in particular if insolvency proceedings are opened against the assets of the other contracting party or if the other contracting party becomes insolvent or unable to pay.
e) All notices of termination under this contract must be made in text form.
a) The contracting parties undertake to treat as confidential any business and trade secrets that they - including their vicarious agents - have acquired during the initiation or performance of the contract. These obligations shall not apply to information, knowledge and experience which
aa) are demonstrably generally known without breach of this confidentiality obligation,
ab) was demonstrably already known to the parties prior to receipt of the information, knowledge and experience,
ac) was received from a third party without an obligation of confidentiality, or
ad) was demonstrably developed independently.
a) This contract shall be governed exclusively by German law. The contractual language is German.
b) The place of jurisdiction for this contract is Paderborn, Germany.
c) Should individual provisions of this contract be invalid or lose their validity due to circumstances occurring at a later date, the validity of the remainder of the contract shall remain unaffected.
Online dispute resolution pursuant to Art. 14 para ODR-VO:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://www.ec.europa.eu/consumers/odr.
La recherche de photographes est un service de Portraitbox - Système de boutique pour photographes.