General terms and conditions of business
§ 1 Scope of application
Offers and services from Yess Film, Marc Kubik are subject to the following conditions. The client agrees to these conditions by signing the order or confirming the order by email. It is not necessary that we attach the general terms and conditions to the order. The general terms and conditions at the time of signing the order apply. Individual contractual agreements take precedence over general terms and conditions. Verbal agreements require a written confirmation.
§ 2 Warranty
If the product, the wedding video is defective, Yess Film, Marc Kubik commits to replacement or improvement. For this it is necessary that the client returns the product Yess Film, Marc Kubik. The transport costs shall be borne by the client.
§ 3 Limitation of liability
We deliver our wedding films or photos on USB stick. Checking compatibility with the customer's playback device is at the customer's risk. Yess Film, Marc Kubik is not liable in case of dissatisfaction if the client's ideas or wishes have not been clearly presented before. Yess Film, Marc Kubik is not liable for damages to TVs or computers. Yess Film, Marc Kubik is not liable for video material and other storage media provided by the client. Yess Film, Marc Kubik is not liable for technical malfunctions of the camera equipment. Otherwise our liability is limited to gross negligence and intent. Yess Film, Marc Kubik shall only pay damages in the amount of the advance payment made, since Yess Film, Marc Kubik has no influence in the event of non-fulfilment due to force majeure.
§ 4 Information obligation of the client
When signing the order, the client is obliged to provide only truthful information. He undertakes to inform us of all changes during production. This concerns postal address, telephone and email addresses.
§ 5 Confirmation of order
Our offers are not binding. The contract is concluded after we have confirmed your order.
§ 6 Payment
Advance payment is to be made in accordance with order confirmation. All prices are final. If the client cancels the order, the following compensation is due: up to 10 weeks before the first shooting date: 10% of the amount. 10-5 weeks before the first shooting date: 30 % of the amount. 5 weeks-1 day before the first shooting: 50% of the amount. On the day of shooting: 100% of the amount. After completion of the work, the goods will be paid for in cash or in advance upon collection, after which the product will be shipped.
§ 7 Default of payment
In the event of default in payment, we shall be entitled to rectify a reminder charge of up to 10 euros, which shall be appropriate to the expenditure, unless you can prove that the actual costs incurred are lower. The legal consequences of the delay remain unaffected by this, as does the right of Yess Film, Marc Kubik, to prove and charge for any actually incurred greater dunning effort.
§ 8 Reservation of title
The delivered wedding film remains our property until full payment.
§ 9 Delivery times
Delivery times must be agreed. In the event of delay in delivery, the customer shall only be entitled to take legal action after setting a reasonable deadline.
§ 10 Prohibition of offsetting
The client shall not be entitled to initiate offsetting or retention unless the counterclaims are not disputed by Yess Film, Marc Kubik.
§ 11 Reservation of right of withdrawal
If the customer modifies his wishes to a considerable extent after conclusion of the contract, we reserve the right to withdraw from the order.
§ 12 Service Order
If you commission us for the documentation of your wedding, your wedding ceremony or another event, we work exclusively within the scope of a service contract for the creation of a filmic document, which shows the event with all its relevant characteristics. We film the event for you and for no other purpose. Therefore, you are obliged to inform all relevant persons that a filmic document will be produced and to obtain all shooting permits and rights of use. This applies to locations, people and works of art that may be filmed or photographed on the shooting day. Permission to fly drones will be obtained from Yess Film, Marc Kubik and any costs will be borne by the client.
§ 13 Use of the material
Yess Film, Marc Kubik reserves the right to use all wedding videos for presentation purposes.
§ 14 Copyright, rights of third parties
The client shall ensure that Yess Film, Marc Kubik is able to perform the contractual services without any copyright or other rights being transferred to Yess Film, Marc Kubik.
rne by the client.
The object of the contract is not the obtaining and procuring of any necessary rights of third parties (copyright rights of use and other rights, in particular further intellectual property rights) by Yess Film, Marc Kubik. Insofar as Yess Film, Marc Kubik requires corresponding rights for the execution of its services, the AG shall procure these and grant them to Yess Film, Marc Kubik. The AG is exclusively responsible for the content of the wedding film. As far as Yess Film, Marc Kubik is claimed because of the violation of rights of third parties in connection with the execution of the contractual services, the AG releases Yess Film, Marc Kubik from all corresponding claims. In particular, Yess Film, Marc Kubik is not obliged to check whether there is a risk of legal violations during the execution of the services. Yess Film, Marc Kubik is not liable for the fact that the created recordings are free of rights of third parties. The AG assumes all claims against Yess Film, Marc Kubik with regard to third party rights of any kind. The client bears all costs for the rights, obtaining of rights and their use.
§ 15 Data protection
If you contact us, we process and use personal data in accordance with the Federal Data Protection Act, insofar as this is necessary for our business relationship, in particular to process your order and maintain the customer relationship. A passing on to third parties takes place exclusively with the delivery. Otherwise, the data will not be passed on to third parties unless we are obliged to do so by law. You have the right to inspect our data stock regarding your person at any time and free of charge. You also have the right to ask us to delete this data.
§ 16 Law,
place of jurisdiction
German law applies.
Berlin is the place of jurisdiction.
Status October January 2017
Translated with www.DeepL.com/Translator