Yasmin Mella Photography is
- from the 1.2.2014 to the 31.12.2019 in the chamber of trade Ulm in the trade “photographers” with the company number 301894,
- from 1.2.2014 to 31.12.2019 in the municipality of Erbach a.d. Donau as its main branch under the company number 201400000027 in the trade register.
- is now at the new location in Marbella, Andalusia, Spain. NIE Y7953702V.
Responsible in the sense of the TMG is Yasmin Mella, Calle Encina, Pueblo los Monteros 8-12, 29603 Marbella, Malaga. Email: photography (at) yasminmella . es.
Liability for contents
I try to keep the content of my site up to date. In spite of careful editing, liability is excluded.
As a service provider I am responsible for my own content on these pages according to § 7 Abs.1 TMG and the general laws.
According to §§ 8 to 10 TMG I am not obliged to monitor transmitted or stored information. If I become aware of any infringements, I will remove these contents immediately. I only assume liability in this respect from the time of knowledge of a possible infringement.
Liability for links
My offer contains links to external websites of third parties, on whose contents I have no influence. The respective provider or operator of the sites is always responsible for the contents of the linked sites. No responsibility is taken for the content and correctness of the information on linked websites of third party information providers.
At the time of linking, the linked pages were checked for possible legal violations WITHOUT COMPLAINTS. As soon as I become aware of any infringements, I will remove such links immediately.
The contents and works on these pages created by me are subject to German copyright law. The duplication, editing, distribution and any kind of utilization outside the limits of copyright law require my written consent as author or creator.
See special page on data protection.
As a photo designer I use the General Terms and Conditions (AGBs) of the photographer trade and also my special terms and conditions (BGBs), which “soften” some passages in favor of the customer.
These terms and conditions apply together, but my BGBs have priority. Possible contradictions in the text do not invalidate these contents as a whole. Further inquiries in the run-up to a business contact are welcome in this respect, in order to eliminate ambiguities in time in the interest of all parties involved.
General terms and conditions / AGB of the photographer handicraft (Federal Gazette No. 88 v. 15.05.2002 – page 10.436)
I. General information
1. the following terms and conditions apply to all orders placed with the photographer. They shall be deemed to have been agreed if they are not immediately contradicted.
2) “Photographs” within the meaning of these GTC are all products manufactured by the Photographer, regardless of the technical form or medium in which they were created or are available. (negatives, slide positives, paper images, still videos, electronic still images in digitalized form, videos, etc.)
II. copyright law
1. the photographer is entitled to the copyright of the photographs in accordance with the copyright law.
2. the photographs produced by the photographer are generally only for the personal use of the client. 3. if the photographer transfers rights of use in his works, only the simple right of use is transferred in each case – unless expressly agreed otherwise. A transfer of rights of use requires a special agreement.
4. the rights of use shall not pass to the photographer until the fee has been paid in full.
5. the purchaser of a picture within the meaning of § 60 UrhG (German Copyright Act) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. § 60 UrhG is expressly waived.
6. when exploiting the photographs, the photographer may, unless otherwise agreed, demand to be named as the author of the photograph.
A violation of the right to be named entitles the photographer to compensation.
7. the negatives remain with the photographer. The negatives will only be handed over to the client if a separate agreement has been made.
III. remuneration, retention of title
1. a fee for the production of the photographs shall be charged as an hourly rate, daily rate or agreed lump sum plus statutory value added tax; incidental costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rent, etc.) shall be borne by the client. The Photographer shall indicate the final prices including VAT to end consumers.
2. invoices due are to be paid within 14 days without deduction. The Client shall be in default if he/she does not pay due invoices within 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment. The Photographer reserves the right to bring about the default at an earlier point in time by issuing a reminder which is sent after the due date.
3. until the purchase price has been paid in full, the Photographs delivered shall remain the property of the Photographer.
4. if the client has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image interpretation and the artistic-technical design are excluded. If the client wishes changes during or after the production of the photographs, he/she must bear the additional costs. The photographer retains the claim for remuneration for work already begun.
1. the photographer is only liable for himself and his vicarious agents for the violation of obligations that are not directly related to essential contractual obligations in cases of intent and gross negligence. He is also liable for damages resulting from injury to life, body or health as well as from the violation of essential contractual obligations, which he or his vicarious agents have caused by culpable breach of duty. The photographer is only liable for damage to photographic objects, originals, films, displays, layouts, negatives or data – unless otherwise agreed – in cases of intent and gross negligence.
2 . The photographer shall keep the negatives carefully. He is entitled, but not obliged, to destroy any negatives stored by him after three years from the termination of the order. Prior to destruction, he shall notify the client and offer the negatives for sale.
3. the photographer is only liable for the light resistance and durability of the photographs within the scope of the guarantees of the manufacturers of the photographic material.
4. the sending and return of films, pictures and originals is at the expense and risk of the client. The client can determine how and by whom the return is made.
V. Secondary obligations
1. the client assures that he/she has the right of reproduction and distribution of all originals handed over to the photographer and, in the case of portraits of persons, the consent of the persons depicted to publication, reproduction and distribution. Claims for compensation by third parties, which are based on the violation of this obligation, shall be borne by the client.
2 The client undertakes to make the objects of the recording available in good time and to collect them again immediately after the recording. If the client does not collect the objects of photography after two working days at the latest, the photographer is entitled to charge storage costs if necessary or, if his studio rooms are blocked, to store the objects at the client’s expense. Transport and storage costs are at the expense of the client.
VI. failure to perform, cancellation fee
1. if the photographer provides the client with several photographs to choose from, the client shall be entitled to use the photographs not selected within one week of receipt – unless a longer period has been agreed – on his own account. The photographer can demand payment for lost or damaged photographs, provided he is not responsible for the loss or damage.
2. if the photographer provides the client with images from his archive, the client must return the unselected images within one month of receipt by the client and the selected images within one month of use. If the Client is in default with the return, the Photographer may demand a blocking fee of 1 (in words: one) Euro per day and image, unless the Client can prove that no damage has occurred or that the damage is lower than the lump-sum compensation. In the event of loss or damage that precludes further use of the images, the photographer may demand compensation. The damages shall amount to at least 1000 (in words: one thousand) Euro for each original and 200 (in words: two hundred) Euro for each duplicate, unless the client proves that no damage has occurred or that the damage is lower than the lump sum. The photographer reserves the right to claim higher damages.
3. if the time scheduled for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer’s fee shall be increased accordingly, provided that a lump-sum price was agreed. If a time-based fee has been agreed, the Photographer shall also receive the agreed hourly or daily rate for the waiting time, unless the Client can prove that the Photographer has not suffered any damage. In the event of intent or negligence on the part of the Client, the Photographer may also assert claims for damages.
4. delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding the deadline only in the case of intent and gross negligence.
5. if no photographs produced are accepted by the client, half of the basic price is to be paid to the photographer for the expenses incurred, depending on the service booked. Possible reminder fees may increase the basic amount if the deadline is exceeded. If the contract is not fulfilled, a debt collection agency can be commissioned with the payment processing.
VII. data protection
Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information that he/she becomes aware of in the course of the order as confidential.
VIII. Digital Photography
1. the digitalization, storage and reproduction of the Photographs of the Photographer on data carriers of any kind requires the Photographer’s prior written consent.
2. the transfer of rights of use does not include the right to storage and reproduction if this right has not been expressly transferred.
IX. Image processing
1. the processing of photographs of the photographer and their reproduction and distribution, analog or digital, requires the prior consent of the photographer. If a new work is created through photo-composing, montage or other electronic manipulation, it must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of §8UrhG.
2. the client is obliged to store and copy photographs of the photographer digitally in such a way that the name of the photographer is electronically linked to the image data.
3. the client is obliged to make this electronic linkage in such a way that it is retained in all types of data transfer, in every reproduction on screens, in all types of projections, in particular in every public reproduction, and that the photographer is clearly and unambiguously identifiable as the author of the images.
4. the client assures that he/she is entitled to commission the photographer with the electronic processing of third-party photographs if he/she places such a commission. He shall indemnify the Photographer from all claims of third parties based on the violation of this obligation.
X. Use and distribution
1. the distribution of photographs of the photographer on the Internet and in intranets, in online databases, in electronic archives, which are not only for the internal use of the client, on diskette, CD-ROM or similar data carriers is only permitted on the basis of a special agreement between the photographer and the client.
2. the transfer of digitalized photographs on the Internet and in intranets and on data carriers and devices suitable for public reproduction on screens or for the production of soft and hard copies requires the prior written consent of the photographer.
3. the reproduction and distribution of any processing that the photographer has produced electronically requires the prior written consent of the photographer.
4. the photographer is not obliged to hand over data carriers, files and data to the client, if this has not been expressly agreed in writing.
5) If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and paid for separately.
6. if the photographer has provided the client with data carriers, files and data, these may only be changed with the prior consent of the photographer.
7. the risk and costs of the transport of data carriers, files and data online and offline are borne by the client; the method of transmission can be determined by the contractor.
XI. final provisions
The place of performance for all obligations arising from the contractual relationship is the Photographer’s place of business if the contractual partner is not a consumer. If both parties to the contract are merchants, legal entities under public law or a special fund under public law, the Photographer’s place of business shall be agreed as the place of jurisdiction.
Special terms and conditions / “BGB” of Yasmin Mella Photography 27.09.2020
The following “BGB” apply to all orders placed with the photo designer. They shall be deemed to have been agreed if they are not immediately contradicted.
I. Selection and release of the generated images to the customer
I have a high demand on the aesthetics of my photographs. I want this to be taken into account in my craft and the artistry of my work. Therefore, there are certain conditions which fulfill the minimum requirements for the publication of photographs:
– a self-contained and meaningful picture,
– the sharpness on the point, where the eyes would first of all wander at the sight,
– no overexposure,
– no image noise,
– no extensive retouching is necessary, unless the customer bears the costs beyond a flat rate (fee on negotiation basis) or it is explicitly part of the order.
Therefore not every picture – even if explicitly requested by the client – may be published by me. Therefore, there is no claim to surrender or publication.
II. money-back guarantee
The customer will get his money back proportionally if the agreed minimum number of published pictures is not reached (e.g. reduction of 20% if only four of five pictures can be published due to the conditions in §I).
III. own photo studio
I use the well-equipped photo studio at home and can therefore pass on the low costs to the customer at unrivalled low fees.
IV. Cashless payment without extra charge
I will pay the costs for a possible cashless payment and you will of course receive an invoice for each service.
Invoices show a tax of 21%.
Confirmed again on September 27, 2020 in Marbella
© Yasmin Mella Photography 2015-2020