Diese Seite auf Deutsch lesen

General Terms and Conditions

This is a convenience translation. The contract language is German, and only the German version of these terms is legally binding. Where this translation and the German text differ, the German text prevails. The section numbering is identical in both versions, so § 5 here is § 5 there.

These terms govern the use of Portrait-Service by photographers. For end customers who place an order in a gallery, the end customer terms shown during the ordering process apply. Consumers will find their withdrawal instructions further down.

§ 1 Scope of application

  1. These General Terms and Conditions (“Terms”) apply to the use of the online platform operated by Portrait-Service — hereinafter “Portrait-Service” — for creating, managing and providing image galleries and for processing orders placed through those galleries.
  2. Portrait-Service is generally aimed at natural and legal persons. Registration is in principle possible regardless of whether the user acts as a business, a freelancer or a private individual.
  3. The basic functions may be used free of charge within the scope of the Standard plan as offered from time to time. Paid functions and plans are shown separately.
  4. These Terms apply to all services provided by Portrait-Service to the registered user (“photographer”), unless expressly agreed otherwise.
  5. A separate data processing agreement (“DPA”) is concluded for the processing of personal data on behalf of the photographer. The data protection provisions of the DPA take precedence over these Terms where they concern the same processing.
  6. The contract language is German.

§ 2 Registration and conclusion of contract

  1. Using Portrait-Service requires registration.
  2. Registration takes place online via the registration form on portrait-service.com. The contract for the use of the platform is concluded upon successful registration and activation of the account.
  3. The photographer is obliged to provide complete and truthful information upon registration and throughout the term of the contract, and to update it without undue delay if it changes.
  4. A complete billing address in particular is required for settling commissions and other payments. As long as complete billing data is not available, no commission is paid out. Commission credit already earned remains in the commission account and is settled once the required data has been completed.
  5. Portrait-Service is entitled to refuse registrations or to block existing accounts where there is objective cause for doing so. Objective cause may exist in particular in the event of infringements of law, misuse, suspected fraud, manipulation of the platform, breaches of these Terms, outstanding payment claims or endangerment of the secure operation of the platform.
  6. The photographer must keep their access credentials confidential and protect them against access by third parties. If unauthorised access is suspected, they must inform Portrait-Service without undue delay.
  7. Passwords are not stored in readable plain text at Portrait-Service. Portrait-Service cannot view passwords and can only trigger a password reset where required.

§ 3 Scope of services provided by Portrait-Service

  1. Portrait-Service provides the photographer with a technical platform which can in particular be used to
    • create and manage image galleries,
    • provide images and other content,
    • configure products and prices,
    • process orders placed by end customers,
    • provide digital content,
    • produce and ship physical products through connected labs
    • and manage settlements and commission balances.
  2. Portrait-Service is not obliged to provide a particular set of functions permanently unchanged. The platform may be developed further technically, modified and adapted to technical, economic or legal requirements.
  3. Individual functions, products, labs or services may be discontinued or removed from the offering where this is objectively justified.
  4. If a product, lab or price list is discontinued or becomes invalid, photographers are as a rule informed by email, provided Portrait-Service learns of this in good time. No particular period of advance notice is guaranteed.
  5. Orders already placed are as a rule unaffected by a subsequent change to or discontinuation of a product or lab.
  6. Existing galleries as a rule remain in place. However, if a product or price list contained in them is no longer available, the product concerned can no longer be used for new orders. There is no automatic switch to another lab or product.

§ 4 The photographer’s content and rights of use

  1. Through Portrait-Service the photographer may in particular upload images, texts, logos, product information and other content (“content”).
  2. The photographer is solely responsible for ensuring that all content they upload may lawfully be used.
  3. The photographer warrants in particular that they hold all necessary copyright, usage, personality, trade mark and other rights as well as any necessary consents and other legal bases.
  4. This applies in particular to depicting and publishing individuals, including minors, and to the processing of personal data in connection with the content uploaded by the photographer.
  5. The photographer is responsible for obtaining and retaining any necessary consents and records outside Portrait-Service. Portrait-Service does not provide consent management for the photographer and is as a rule not obliged to verify that such consents exist.
  6. The photographer grants Portrait-Service the non-exclusive rights of use in the uploaded content that are required to perform the contract, limited to the term of the contract and the necessary processing.
  7. The rights under paragraph 6 cover exclusively the technically and contractually necessary use, in particular:
    • storage,
    • technical reproduction,
    • creation of technically necessary preview representations,
    • display within the galleries set up by the photographer,
    • provision for download,
    • technical preparation for production and shipping,
    • transmission to production and shipping providers selected by the photographer,
    • processing of orders,
    • handling of complaints,
    • as well as technical support and error analysis.
  8. Portrait-Service receives no rights of use beyond this. In particular, the images and other content uploaded by the photographer may not be used for Portrait-Service’s own advertising, reference galleries, social media, AI training, product development or any other purposes of its own.
  9. Technical adjustments required for display, storage, transmission or production do not constitute editing of the content. Portrait-Service does not edit or retouch content.
  10. Any technical image optimisation carried out by the commissioned lab lies outside Portrait-Service’s sphere of influence.
  11. The photographer remains the holder of the rights they hold in their content.

§ 5 Prices, plans and commissions

5.1 Standard plan

  1. Use of the Standard plan is free of charge in principle.
  2. Under the Standard plan, a handling fee of 10 % is charged on the commission-relevant margin.

5.2 Plus plan

  1. The Plus plan costs €9.90 per month.
  2. Under the Plus plan the handling fee is 7 % instead of 10 % of the commission-relevant margin. It is capped at €500 per calendar month.
  3. The monthly fee is payable regardless of whether any orders or other sales are generated in the month concerned.
  4. Switching from the Standard plan to the Plus plan and back to the Standard plan takes effect at the end of the current month in each case.
  5. There is no pro rata refund of the Plus fee for a month already begun.
  6. The Plus fee is invoiced to the photographer by email as a PDF invoice.
  7. If a Plus fee due is not paid, Portrait-Service is entitled to block the account or the use of paid functions.
  8. The conditions applicable from time to time are set out under Tarife and form part of this contract.

5.3 Calculation of the commission

  1. The commission is calculated in principle on the basis of the price and cost structure stored in the system at the time of the order.
  2. The decisive figure is in principle the commission-relevant net sales amount actually paid by the end customer, less the net purchase price stored for the ordered product at the time of the order.
  3. The resulting margin forms the basis for the handling fee under the plan selected in each case.
  4. The purchase prices shown in the system are transparently visible to the photographer.
  5. For each order, the calculation may in particular show the selling price, purchase price, discounts, refunds and the resulting commission.
  6. Shipping costs and separately charged payment processing fees, in particular the processing fee incurred with PayPal, do not form part of the commission-relevant margin.
  7. For PayPal payments, a separate PayPal processing fee may be charged to the end customer. If the order is refunded in full, this fee is also refunded to the end customer in full.
  8. The same calculation logic applies to digital downloads as to physical products. A separate internal purchase price may be stored in the system for downloads. It is taken into account in the calculation.
  9. Vouchers, discount codes and other price reductions configured by the photographer are taken into account in the calculation. The photographer bears the economic risk of the price reductions they set up themselves.
  10. The photographer can configure and distribute vouchers or virtual credit themselves. Such a voucher does not constitute a separate payment to Portrait-Service and does not constitute commission credit of its own. A commission claim only arises upon actual redemption as part of an order.
  11. The photographer bears the pricing risk of the end customer prices, discounts and vouchers they set themselves. An order with a low or negative margin may also result in a debit to the commission account.

5.4 Referral programme (“photographers referring photographers”)

  1. Photographers may refer other photographers to Portrait-Archiv. The referral takes effect when the referred photographer names the referring photographer during registration and the allocation is recorded in the referred photographer’s account. Subsequent allocation after registration has been completed is excluded.
  2. The referring photographer receives 15 % of the handling fee actually collected by Portrait-Service from orders placed through the referred photographer. The basis of assessment is exclusively the handling fee, not the revenue and not the commission-relevant margin.
  3. The bonus is not limited in time. Neither the number of referred photographers nor the amount of the bonus is capped.
  4. The bonus is paid solely out of Portrait-Service’s share. The referred photographer’s conditions do not change as a result of the referral.
  5. If the referred photographer changes plan, the bonus is based on the handling fee actually incurred in the respective settlement period.
  6. Payment requires an existing photographer account of the referring photographer; own sales are not required. For settlement and payment, the account holder’s address details and active bank details must be on file. Settlement and payment take place monthly together with the commission statement under § 7; the bonuses are shown separately there.
  7. If orders placed through the referred photographer are cancelled or refunded, the bonus attributable to them ceases to apply. § 6 applies accordingly.
  8. No bonus claim arises for periods in which the referring photographer’s account is terminated or blocked under § 13.
  9. Self-referral and naming accounts attributable to the same person or the same company do not give rise to a bonus claim.
  10. Portrait-Service may change or end the referral programme in accordance with § 16. Bonus claims already accrued remain unaffected.

§ 6 Accrual and correction of commission claims

  1. A commission claim only arises once the order concerned has actually been provided or performed.
  2. For physical products, the commission claim arises in principle upon dispatch or handover of the goods to the shipping provider.
  3. For digital products, the commission claim arises upon provision of the download.
  4. A mere order or payment by the end customer does not yet give rise to a commission claim.
  5. No commission claim arises for unpaid prepayment orders. Unpaid orders may be cancelled automatically.
  6. If an order is subsequently cancelled, refunded or reversed in whole or in part, the commission already credited for it is corrected accordingly.
  7. In the event of full cancellation, the commission claim ceases to apply in full.
  8. The correction may also be made after payment has already been made.
  9. The commission account may therefore show a negative balance.
  10. A negative balance is offset against commission credit arising in the future.
  11. If an order is reversed due to a chargeback, refund or comparable payment disruption, the commission claim attributable to it ceases to apply. Portrait-Service bears the economic risk of the reversal beyond that, provided the photographer is not responsible for the cause.
  12. In the case of a faulty order for which the photographer is responsible, any further costs arising from rectification may be charged to the photographer.

§ 7 Settlement and payment

  1. Settlement takes place monthly for the preceding settlement period.
  2. On the payment date, the positive balance held in the commission account at that time is paid out in full.
  3. Portrait-Service does not as a rule withhold a flat-rate security retention for refunds or corrections that may arise later.
  4. If a further debit arises after a payment, in particular through cancellation, refund or chargeback, the commission account may become negative again.
  5. A negative commission account is not paid out and remains in place until it is offset by future commission claims.
  6. If a negative balance persists for more than six months, Portrait-Service is entitled to settle and invoice the outstanding amount to the photographer.
  7. The payment period for such an invoice is 14 days from receipt of the invoice.
  8. In the event of late payment, the statutory consequences of default apply. Portrait-Service is entitled in particular to claim default interest and further default costs permitted by law.
  9. Where complete and correct billing data is available, statements and invoices are provided or sent by email as PDFs.
  10. The photographer can review the orders and account movements relevant to the settlement in their account.
  11. Objections to statements should be notified as promptly as possible. Statutory claims and limitation periods remain unaffected.

§ 8 Orders and contractual relationship with end customers

  1. End customers can order products and digital content through Portrait-Service.
  2. The end customer’s contractual partner for orders processed via Portrait-Service is exclusively Portrait-Service. In this respect the photographer is not the seller of the product offered via Portrait-Service.
  3. Portrait-Service handles the complete technical and commercial processing of orders, in particular:
    • payment processing,
    • ordering from the lab,
    • production,
    • shipping,
    • provision of digital products,
    • handling of complaints,
    • refunds and cancellations.
  4. Portrait-Service is entitled to handle justified complaints from end customers independently and, at its own reasonable discretion, in particular to arrange replacement production, rectification, redelivery or a refund.
  5. The photographer is not obliged to assume Portrait-Service’s seller obligations towards the end customer.
  6. If the cause of a complaint lies with the photographer, in particular because an incorrect, unsuitable or faulty image was uploaded, Portrait-Service may charge the resulting costs to the photographer and correct the corresponding commission.
  7. If the cause lies with Portrait-Service or the production provider used, Portrait-Service takes care of the correction or handling of the complaint.
  8. Price changes made by the photographer take effect exclusively for future orders. For a specific order, the prices and parameters applicable at the time of the order are decisive.
  9. The photographer can set and change their end customer prices themselves within the functions provided for this purpose.
  10. The photographer determines the copyright usage rights an end customer receives in a digital or physical image. Portrait-Service grants the end customer no rights of use beyond this, unless this is expressly part of the respective Portrait-Service offering.
  11. Portrait-Service provides uniform end customer terms. Individual sales or usage terms of the photographer cannot currently be stored separately in the system.

§ 9 Image data, storage and deletion

  1. Portrait-Service provides a technical platform for storing and providing the content uploaded by the photographer.
  2. Portrait-Service is not a backup, archiving or data protection service.
  3. The photographer is responsible for adequately backing up all original files and other data important to them outside Portrait-Service.
  4. Technical storage on Portrait-Service’s systems does not constitute a guarantee that individual files can be restored at any time.
  5. The use of technical redundancies or backup systems by Portrait-Service does not give the photographer a claim to the restoration of lost or deleted content.
  6. If the photographer deletes a gallery or individual content, there is as a rule no claim to restoration.
  7. Data still temporarily present in backup copies for technical reasons can only be finally deleted after a delay. No obligation to restore it for the photographer arises from this.
  8. After the contract ends, accounts, galleries and stored content are as a rule deleted as soon as there are no open orders or other legitimate reasons for further storage.
  9. The data required for processing existing orders, complaints, statutory retention obligations or other legitimate claims of its own may be stored beyond the end of the contract.
  10. Once these processes have been completed, deletion takes place in accordance with statutory requirements.
  11. There is no claim to the release, export or transfer of the stored image data when the contract ends. Statutory data subject rights, in particular the right to data portability under Art. 20 GDPR, remain unaffected.
  12. If Portrait-Service itself is discontinued entirely, existing accounts and stored content are deleted once outstanding processes have been completed. No permanent data export or archiving is owed.

§ 10 Access protection and technical security

  1. Galleries cannot be found publicly.
  2. Access to a gallery is granted via a link or access code passed on by the photographer.
  3. The photographer is responsible for passing on access only to persons authorised to access the gallery concerned.
  4. In the case of sensitive or personal content in particular, the photographer must take care as to whom they pass on access.
  5. Portrait-Service cannot technically prevent access being passed on to third parties by the photographer or a customer entirely.
  6. Portrait-Service employs appropriate technical and organisational security measures. These include in particular encrypted connections, access protection, password protection, regular security updates, firewall and system protection as well as further measures in line with the state of the art and operational requirements.
  7. Despite appropriate security measures, a particular level of security or the complete prevention of unauthorised access cannot be guaranteed.
  8. In technical support cases, Portrait-Service can access photographer accounts and the galleries they contain via administrative functions, in so far as this is necessary for support, error analysis, operation, security or performance of the contract.
  9. Such access does not take place for the purpose of using the content.
  10. No specific access or download logs are owed to the photographer.
  11. In the event of a relevant security incident, Portrait-Service will inform the photographer concerned within the scope of its statutory and contractual obligations. Further obligations follow in particular from the applicable DPA and statutory data protection provisions.

§ 11 Data protection and processing on behalf

  1. The photographer is in principle the controller within the meaning of the General Data Protection Regulation for the personal data they upload, in so far as they decide on the purposes and means of the processing.
  2. In so far as Portrait-Service processes personal data on behalf of the photographer, Portrait-Service acts as a processor within the meaning of Art. 28 GDPR.
  3. The details of this processing are governed by a separate DPA, which the photographer can generate in their account under “Profile management → DPA”.
  4. The DPA contains provisions in particular on:
    • subject matter and duration of the processing,
    • nature and purpose of the processing,
    • categories of personal data,
    • categories of data subjects,
    • rights to issue instructions,
    • confidentiality,
    • technical and organisational measures,
    • sub-processors,
    • support with data subject rights,
    • personal data breaches,
    • deletion and return of data.
  5. As technical infrastructure, Portrait-Service uses its own root servers at Keyweb under a managed service arrangement. Administrative access by the provider may take place where required, subject to release by Portrait-Service.
  6. For the production and delivery of orders, the data required for this may be transmitted to production and shipping providers selected by the photographer or used by Portrait-Service, in particular partner labs.
  7. PayPal in particular is used for payment processing.
  8. For data processing that Portrait-Service carries out for its own contract handling with end customers, in particular for processing orders, invoicing, payment processing, handling complaints, tax record-keeping obligations and asserting or defending its own claims, Portrait-Service does not act as the photographer’s processor but as a controller in its own right, in so far as this is required by law.
  9. Statutory retention obligations remain unaffected.
  10. Portrait-Service’s data protection information obligations are set out additionally in the privacy policy. An English notice for embedded galleries is available at privacy notice for embedded galleries.

§ 12 Infringements of rights and indemnification

  1. The photographer may not upload or provide via Portrait-Service any content the use of which infringes statutory provisions, third-party rights or these Terms.
  2. This applies in particular to content that infringes copyright, trade mark rights, personality rights, data protection rights or other third-party rights.
  3. If Portrait-Service becomes aware of a possible infringement of rights or receives a plausible complaint, Portrait-Service is entitled to block or remove the content or galleries concerned temporarily, in so far as this appears necessary or appropriate to avert a possible infringement or to comply with its own legal obligations.
  4. In the event of serious or repeated breaches, Portrait-Service is entitled to block the entire account temporarily or to terminate the contract for cause.
  5. Portrait-Service is not obliged to await a court decision before a provisional block if immediate action appears necessary in the specific circumstances.
  6. The photographer indemnifies Portrait-Service against justified third-party claims based on an infringement of statutory provisions or third-party rights for which the photographer is responsible, through content uploaded by them or other acts for which they are responsible.
  7. Where necessary and appropriate, the indemnification also covers the necessary and reasonable costs of legal defence.
  8. No indemnification takes place solely on the basis of an unfounded assertion by a third party.
  9. Portrait-Service will as a rule inform the photographer of corresponding third-party claims without undue delay and, where reasonable, give them the opportunity to participate in the defence.

§ 13 Blocking of the account

  1. Portrait-Service is entitled to block access to the account or to individual functions temporarily or permanently where there is objective cause for doing so.
  2. Objective cause exists in particular in the event of:
    • significant or repeated breaches of these Terms,
    • infringements of rights or justified suspicion thereof,
    • suspected fraud or misuse,
    • manipulation of the platform,
    • endangerment of technical security,
    • abusive use,
    • outstanding payment claims that are due,
    • significant breaches of data protection obligations,
    • or other circumstances which make continued use unreasonable for Portrait-Service.
  3. The block may be imposed without prior notice period in the event of acute danger to the platform, to third parties or to legal positions.
  4. In so far as the reason for the block can be remedied by a breach of duty that can still be remedied, Portrait-Service may set the photographer a reasonable period for rectification.
  5. During a block, galleries and their content may in particular be temporarily unavailable to the photographer’s customers.
  6. The block leaves existing payment claims and other contractual claims unaffected in principle.
  7. Commission credit existing at the time of the block as a rule remains in place. However, Portrait-Service is entitled to withhold a reasonable amount temporarily, in so far as this is necessary to secure open orders, refunds, chargebacks or other specifically anticipated claims. Once the reason for the security ceases to apply, the amount not required is paid out.

§ 14 Liability of Portrait-Service

  1. Portrait-Service is liable without limitation for damage arising from injury to life, body or health as well as in all cases of mandatory statutory liability.
  2. The same applies to damage based on intent or gross negligence on the part of Portrait-Service, its legal representatives or vicarious agents.
  3. In the event of slightly negligent breach of a material contractual obligation, Portrait-Service’s liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
  4. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely.
  5. To the extent permitted by law, Portrait-Service is not liable in the event of slightly negligent breach of duty for indirect damage, consequential damage or loss of profit, unless such damage is at the same time covered by the limitation of liability under paragraph 3 as foreseeable damage typical for this type of contract.
  6. The limitations of liability apply accordingly in favour of Portrait-Service’s legal representatives, employees and vicarious agents.
  7. Portrait-Service is in particular not liable for damage or disadvantages based on the fact that:
    • the photographer has not backed up their original data themselves,
    • a photographer has uploaded incorrect or unsuitable content,
    • the photographer lacks the necessary rights or consents,
    • gallery access passed on by the photographer has been passed on to third parties,
    • a price, discount or voucher configured by the photographer themselves leads to a sale that is economically disadvantageous for them,
    • or a third-party service or infrastructure outside Portrait-Service’s reasonable sphere of influence fails.
  8. Statutory rights in the event of defects and breaches of duty otherwise remain unaffected.

§ 15 Responsibility for external service providers and production services

  1. Portrait-Service may use external service providers to perform its services, in particular labs, shipping providers, payment providers and infrastructure providers.
  2. Portrait-Service is entitled to replace service providers or to use additional service providers, in so far as this is necessary or objectively sensible for the provision of services and statutory requirements are complied with.
  3. An ordered physical product is produced by the lab stored for the respective order.
  4. Production errors by the lab are handled by Portrait-Service towards the end customer. Portrait-Service may arrange replacement production or another correction with the lab.
  5. Portrait-Service gives no guarantee for characteristics and technical production methods of the respective lab that lie outside Portrait-Service’s sphere of influence.
  6. In so far as a production error is based on an error by Portrait-Service, Portrait-Service will correct the order at its own expense or handle it appropriately in another way.

§ 16 Changes to prices and conditions

  1. Portrait-Service is entitled to change prices, plans and other conditions for the future.
  2. Changes to the conditions are as a rule notified to the photographer at least six weeks before they take effect in text form, in particular by email.
  3. Changes do not apply retroactively to orders already fully processed.
  4. For orders, the price and cost status applicable in the system at the time the contract with the end customer was concluded is decisive in principle.
  5. In so far as a change to the Plus plan or other recurring fees constitutes an amendment of the contract for a consumer, mandatory statutory requirements remain unaffected. Automatic consent through mere silence is not agreed.
  6. The photographer may terminate the contract or the paid plan concerned in accordance with the statutory and contractual rights of termination.

§ 17 Changes to these Terms

  1. Portrait-Service may change these Terms where there is objective cause for doing so and the change is reasonable for the photographer taking their interests into account.
  2. Objective cause may exist in particular in the event of:
    • changes to the statutory or regulatory framework,
    • changes to technical standards,
    • adaptations to new functions or technical developments,
    • changes to services or operational processes,
    • closure or replacement of interfaces or service providers,
    • or other circumstances that were not foreseeable when the contract was concluded and make an adaptation necessary.
  3. Changes are as a rule notified to the photographer in text form at least six weeks before the planned effective date.
  4. A change may not result in material contractual rights or obligations of the photographer being unreasonably restricted.
  5. A change to these Terms does not become part of the contract merely because the photographer does not object to it.
  6. Where the photographer’s express consent is required for a change, Portrait-Service will obtain that consent separately.
  7. Mandatory statutory provisions remain unaffected.

§ 18 Term and termination

  1. The contract is concluded for an indefinite period.
  2. Both parties may terminate the contract by ordinary notice of 14 days to the end of the month.
  3. Notice of termination may be given in text form.
  4. The right to terminate for cause remains unaffected.
  5. Cause may exist in particular in the event of:
    • serious or repeated infringements of rights,
    • significant misuse of the platform,
    • manipulation or endangerment of the system,
    • significant breaches of these Terms,
    • significant data protection breaches,
    • or persistent default in payment.
  6. Where required by law, a reasonable period for remedy or a warning is as a rule required before termination for cause on account of a remediable breach of duty. This does not apply in so far as setting a period or issuing a warning is dispensable due to the circumstances of the individual case.
  7. Upon termination, orders already placed are still processed in so far as this is possible and reasonable.
  8. For orders already placed, the prices and costs decisive at the time of the respective order continue to apply.
  9. Commissions from orders still to be processed are settled in accordance with these Terms.
  10. Once the open orders and other necessary processing steps have been completed, the account is closed and the stored content is deleted in accordance with § 9.
  11. A negative commission balance existing at the end of the contract falls due immediately upon termination of the contract.
  12. Existing positive commission credit is paid out once the necessary settlement has been completed and subject to any existing justified counterclaims.

§ 19 Discontinuation of the entire service

  1. Portrait-Service is entitled to discontinue operation of the platform entirely.
  2. In this case, Portrait-Service is entitled to terminate all existing contracts by ordinary notice.
  3. Until termination, open orders and other obligations already incurred are processed where possible.
  4. Once the necessary processing has been completed, accounts, galleries and stored content are deleted.
  5. There is no claim to permanent provision of the platform, to a data export or to archiving.

§ 20 Payment terms

  1. Invoices from Portrait-Service must be settled within the payment period stated in each case.
  2. For claims arising from a negative commission balance persisting after six months, the payment period is 14 days from receipt of the invoice.
  3. In the event of late payment, the statutory provisions apply.
  4. In the event of outstanding claims that are due, Portrait-Service is entitled to block the account or individual functions, in so far as this is appropriate taking the photographer’s interests into account.
  5. A block due to late payment leaves the payment obligation unaffected.

§ 21 Set-off and rights of retention

  1. The photographer may set off their own claims against claims of Portrait-Service in so far as their counterclaim is undisputed or has been established with final legal effect.
  2. Statutory rights of retention remain unaffected.

§ 22 Final provisions

  1. German law applies.
  2. Vis-à-vis consumers, this choice of law applies only in so far as it does not restrict mandatory statutory protective provisions of the state in which the consumer has their habitual residence.
  3. If the photographer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, then — to the extent permitted by law — Mainz is the place of jurisdiction for all disputes arising from or in connection with the contractual relationship.
  4. For consumers, the statutory places of jurisdiction apply.
  5. Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
  6. The contract language is German.

Withdrawal instructions for consumers

These instructions apply to consumers within the meaning of § 13 of the German Civil Code (BGB), that is to say users who conclude the contract for purposes that are predominantly outside their trade, business or profession. They concern the paid Plus plan in particular.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract was concluded.

To exercise your right of withdrawal, you must inform us — Portrait-Service, Thomas Schiffler, Draiser Strasse 6, D-55270 Ober-Olm, Germany, telephone +49 178 78 55 053, email info@portrait-service.com — of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to us.

To Portrait-Service, Thomas Schiffler, Draiser Strasse 6, D-55270 Ober-Olm, Germany, email: info@portrait-service.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

Provider

Portrait-Service
Thomas Schiffler
Draiser Strasse 6
D-55270 Ober-Olm, Germany
Telephone: +49 178 78 55 053
Email: info@portrait-service.com
VAT ID: DE251928874

Further provider details are set out in the legal notice.

In force from 1 November 2026. Translation of the German version.