Terms & Licence

§ 1 Scope

These Terms and Conditions (“Terms”) apply to all contracts between Daniel Kopatsch, Obere Mühle 4, 87527 Sonthofen, Germany (“Provider”) and customers (“Customer”) entered into via the website danielkopatsch.de.

§ 2 Subject Matter

The Provider sells digital image files (downloads) and physical photographic prints of editorial sports photography. Images offered may be used exclusively for editorial purposes (reporting in press, broadcast, and online media), unless otherwise expressly agreed. Commercial use (advertising, merchandising, or similar) is not permitted without a separate written agreement.

§ 3 Conclusion of Contract

The display of images on the website does not constitute a binding offer but an invitation for the Customer to place an order. By completing the checkout process, or by requesting an order via the contact form which the Provider then confirms and invoices, the Customer submits a binding offer to purchase. A contract is concluded once the Provider accepts the order, either through confirmation (e.g., by email) or by making the download available.

§ 4 Usage Rights

(1) The scope and type of usage rights granted depend on the specific product purchased (e.g., download size, licence type) as set out in the pricing and product description valid at the time of order.

(2) Unless expressly agreed otherwise, images are licensed exclusively under an “Editorial Photo Licence” for editorial use — illustrating newsworthy events, sports coverage, commentary and analysis in press, broadcast and online media. This licence does not extend to advertising, promotion, merchandising or other commercial purposes, nor to any use implying endorsement by a person, brand or organisation shown.

(3) The licence granted is non-exclusive and non-transferable. Sublicensing, redistribution or resale to third parties, use as a logo or trademark, use on a product offered for sale, and modifications that distort the original image content or remove attribution are not permitted.

(4) Upon publication, the credit line “Daniel Kopatsch” or the source designation specified by the Provider must be included, insofar as this is possible and customary. Where the credit line is omitted without prior agreement, the Provider is entitled to charge a surcharge of 100% on the applicable usage fee for the image(s) concerned.

(5) Any further or deviating usage rights (e.g., commercial use, exclusive rights, use beyond the scope of the purchased licence) require a separate written agreement with the Provider.

§ 5 Prices and Payment

(1) Prices displayed on the website at the time of order apply. Unless stated otherwise, all prices include applicable statutory VAT.

(2) Payment is processed via the payment provider Stripe, or, for orders placed via the contact form (e.g. individual prints, Print Package), by invoice using the payment method stated on that invoice. The terms of use of Stripe apply in addition where relevant.

(3) The purchase price is due upon conclusion of the contract.

(4) For individual licensing requests made outside the standard online ordering process where no price has been separately agreed, the customary rates published by the Mittelstandsgemeinschaft Foto-Marketing (MFM) shall apply as a reasonable basis for calculating the fee. The agreed fee remains payable even if the Customer ultimately does not use the licensed image(s).

§ 6 Delivery of Digital Content

(1) Digital image files are made available for download immediately after full payment has been received, or sent via download link.

(2) By expressly consenting to the immediate commencement of contract performance before expiry of the withdrawal period, and by acknowledging that this consent results in the loss of the right of withdrawal, the Customer’s right of withdrawal expires once the Provider has begun performance of the contract, in accordance with § 356 (5) BGB.

§ 7 Delivery of Prints (Physical Goods)

(1) Photographic prints are produced by an external print fulfilment provider and shipped to the delivery address specified by the Customer.

(2) Prints are currently offered for delivery within the European Union only.

(3) Delivery times are determined by the respective print fulfilment provider at the time of order.

(4) For prints custom-made to the Customer’s specifications, no right of withdrawal applies, as these constitute goods manufactured to consumer specifications under § 312g (2) No. 1 BGB.

§ 7a Print Package

(1) The Print Package is an annually offered set of prints selected and personally signed by the Provider. The selection is identical for all Customers ordering that year’s package and changes from one year to the next; individual images within the set cannot be chosen by the Customer.

(2) Each year’s Print Package must be ordered separately; there is no automatic renewal or continuing obligation. Orders received by 15 November are included in that year’s set and shipped before Christmas. Orders received after that date are included in the following year’s set instead.

(3) The price is due at the time of order and includes shipping within the European Union; § 7(2) and (3) apply accordingly.

(4) § 7(4) and § 8(2) apply accordingly to each Print Package, as the prints are personalised through the Provider’s signature.

§ 8 Right of Withdrawal

(1) With respect to digital image files, the Customer’s statutory right of withdrawal expires in accordance with § 6(2) above.

(2) With respect to prints custom-made to the Customer’s specifications, no right of withdrawal applies pursuant to § 7(4) above.

(3) Where a product does not fall under (1) or (2) above, the statutory right of withdrawal applies. A separate withdrawal notice will be provided to the Customer prior to conclusion of the contract in such cases.

§ 9 Warranty

Statutory warranty provisions apply.

§ 10 Unauthorised Use / Contractual Penalty

(1) Any use of an image beyond the scope of the licence actually purchased or agreed constitutes unauthorised use.

(2) In the event of unauthorised use, the Provider is entitled, without prejudice to any further claims for damages, to charge a contractual penalty in the amount of three times the usage fee that would have applied to the actual scope of use.

§ 11 Liability

(1) The Provider’s liability is unlimited in cases of intent and gross negligence, as well as under the German Product Liability Act.

(2) In cases of slight negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation); in such cases, liability is limited to the foreseeable damage typical for this type of contract.

§ 12 Final Provisions

(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.