Conditions
1. Scope of Application
(1) These Terms & Conditions apply to all orders placed with
Joris Machholz
via the website www.jorismachholz.com, including purchases of physical prints, digital products, and bookings of photography or videography services.
(2) Customers include both consumers and businesses.
A consumer is any natural person acting for purposes outside their trade or profession (§13 BGB).
A business customer is any person or entity acting in a commercial or professional capacity.
2. Contracting Party
The contract is concluded with:
Joris Machholz
E-mail: joris.machholz@gmail.com
Website: www.jorismachholz.com
3. Contract Formation
(1) All product listings on the website are legally binding offers.
(2) By submitting an order via the online checkout, the customer accepts the offer.
A confirmation email will be sent immediately after the order is placed.
(3) For digital products, the content becomes available immediately after payment is completed.
4. Prices and Shipping Costs
(1) All prices are shown in Euro (€) and include applicable VAT.
(2) Shipping costs vary depending on the destination country, product size, and shipping provider. Actual shipping costs are displayed during checkout.
(3) International customers outside the EU may be required to pay additional customs duties, taxes, or import fees. These are the responsibility of the customer.
5. Payment Methods
Accepted payment methods include:
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PayPal
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Credit card (via Wix Payments / Stripe)
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Apple Pay / Google Pay (if offered)
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Bank transfer (prepayment)
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Other methods shown at checkout
Payment is processed by the respective payment provider in accordance with their own privacy policy.
6. Delivery & Shipping
(1) Products are shipped worldwide unless otherwise noted.
(2) Fine-art prints and physical products are produced and shipped by external print and fulfillment partners. Production and delivery times may vary.
(3) Delays caused by force majeure (weather, strikes, shipping disruptions) extend the delivery period accordingly.
(4) The risk passes to the customer upon delivery of the goods.
7. Digital Products
(1) Digital downloads (e.g. presets, gift cards, files) are delivered electronically immediately after payment.
(2) Important:
By purchasing a digital product, the customer expressly agrees that the right of withdrawal expires once the download begins (§ 356 Paragraph 5 BGB).
8. Fine-Art Prints & Custom Products
(1) Fine-Art Prints, posters, and canvases that are produced on demand are considered custom-made products.
(2) Custom products are excluded from the right of withdrawal, as they are tailored to the customer’s order.
9. Right of Withdrawal (Standard Products)
(1) Customers may withdraw from the purchase of non-customized physical products within 14 days.
(2) The detailed withdrawal policy is provided separately on the website.
(3) The customer bears the costs of return shipping unless a faulty product was delivered.
10. Retention of Title
Goods remain the property of the seller until fully paid.
11. Warranty
Statutory warranty rights apply.
Minor deviations in color or texture (especially for art prints) do not constitute defects.
12. Liability
(1) Liability for slight negligence is limited to essential contractual obligations.
(2) Liability for consequential damages or loss of profits is excluded.
(3) Liability for injury to life, body, or health remains unaffected.
13. Photography & Videography Services
(1) Scope of Services
The scope is defined in the respective proposal or project description.
(2) Usage Rights
The client receives a non-exclusive, non-transferable license for the agreed purpose.
The photographer retains all copyrights (§7 UrhG).
(3) Commercial Use
Commercial usage requires written permission unless explicitly included in the agreement.
(4) Image Editing
Customers may not alter images or videos (filters, AI editing, retouching, cropping) without approval.
(5) Cancellations
– 30+ days before the project: free
– 29–7 days: 50%
– 6 days – 24 hours: 80%
– <24 hours: 100%
(6) Travel Costs
Travel and accommodation costs may apply depending on the project.
(7) Delivery Times
Photos: 7–30 days
Videos: 14–60 days
(8) RAW Data
RAW files are not provided.
14. Gift Cards & Discount Codes
(1) Discount codes must be used within the specified period.
(2) They cannot be combined with other promotions.
(3) Gift cards are valid for 3 years.
(4) Digital vouchers are considered digital content; the withdrawal expires upon redemption.
15. Online Dispute Resolution
The European Commission provides an Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr/
The seller is not obligated or willing to participate in dispute resolution proceedings.
16. Applicable Law
(1) German law applies.
(2) For consumers residing outside Germany, the mandatory consumer protection laws of their home country also apply.
17. Severability Clause
If any provision of these Terms is invalid, the remainder remains unaffected.
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