This English translation is provided for convenience only and does not constitute a legally binding version. The original German version of these General Terms and Conditions shall be the sole legally binding version and can be accessed here. In the event of any discrepancy, inconsistency, or ambiguity between the German version and this translation, the German version shall prevail.

Table of Content

A. General Terms and Conditions

Scope of Application, Definitions
Conclusion of Contract
Right of Withdrawal
Creation of Photographs
Change or Cancellation of the Photo Appointment
Editing and Provision of the Photographs
Customer’s Duty to Cooperate
Acceptance
Granting of Rights by the Customer, Indemnification
Granting of Rights by the Contractor
Remuneration
Liability for Defects
Liability
Termination of the Contract
Applicable Law, Place of Jurisdiction
Alternative Dispute Resolution

B. Information on Data Protection

Information on the Collection of Personal Data and Contact Details of the Controller
Data Processing for the Performance of the Contract
Rights of the Data Subject
Duration of Storage of Personal Data

A. General Terms and Conditions

1) Scope of Application, Definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of Chiara Spaggiari, operating under “Chiara Spaggiari Fotografie” (hereinafter “Contractor”), shall apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Contractor with regard to the services described by the Contractor on its website, using means of distance communication (e.g. telephone, fax, email, letter) through individual communication. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which predominantly cannot be attributed to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The Customer may submit to the Contractor a non-binding request for the submission of an offer via a contact form provided online, in text form (e.g. by email), or by telephone.

2.2 Upon request, the Contractor shall provide the Customer with a binding offer in text form (e.g. by email) for the provision of the services requested by the Customer. The Customer may accept this offer by means of a declaration of acceptance to be made to the Contractor in text form within seven (7) days from receipt of the offer, whereby the day of receipt shall not be included in the calculation of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized at the Customer’s place of residence, such day shall be replaced by the next working day. If the Customer does not accept the Contractor’s offer within the aforementioned period, the Contractor shall no longer be bound by its offer.

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Contractor’s withdrawal instructions.

4) Creation of Photographs

4.1 The Contractor provides services in the field of photography. The subject matter of the contract may be both the photographing of objects and the photographing of persons.

4.2 The photographs shall be taken, depending on the agreement between the parties, either in the Contractor’s studio or at another location.

4.3 Any costs incurred for travel to the photo appointment shall be borne by the Customer.

4.4 The technical equipment required for the creation of the photographs shall be provided by the Contractor.

4.5 The Contractor may perform its services personally or through qualified personnel selected by it. The Contractor may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise agreed, the Customer shall have no claim to the selection of a specific person to carry out the desired service.

5) Change or Cancellation of the Photo Appointment

5.1 In the event of a significant change in performance, the Customer may withdraw from the contract free of charge.

5.2 The Customer must assert the rights pursuant to the preceding provision without undue delay after being informed by the Contractor of the change in performance.

5.3 The Contractor shall be entitled to cancel the photo appointment at short notice for important reasons, such as force majeure or illness of the photographer, against full reimbursement of any remuneration already paid. The Contractor shall endeavor to arrange a replacement appointment in the event of cancellation.

6) Editing and Provision of the Photographs

6.1 The photographs created shall be edited by the Contractor following the photo appointment and made available to the Customer in digital form. Unless otherwise agreed between the parties, the Contractor shall only owe the provision of a selection of edited photographs chosen by it, in a specific file format and with a specific image quality (resolution), and not the provision of the entire image material in its original format. The file format and image quality shall be determined by the Contractor’s offer. The selection of the photographs to be provided shall be made by the Contractor at its reasonable discretion. Depending on the agreement, the photographs shall be made available to the Customer exclusively online via the Contractor’s website or additionally on a physical data carrier (e.g. DVD or USB stick).

6.2 The Contractor may use the services of third parties to fulfill its contractual obligations. Where this results in specific duties of cooperation for the Customer, the Contractor shall inform the Customer separately.

7) Customer’s Duty to Cooperate

7.1 The Customer shall be obliged to cooperate insofar as this is necessary for the proper performance of the contract. In particular, the Customer shall attend agreed appointments, obtain any necessary consents and/or permissions required for the performance of the photo appointment in a timely manner, and grant the Contractor access to agreed premises not belonging to the Contractor, insofar as this is necessary for the performance of the contract.

7.2 If the Customer breaches its duty to cooperate, the Contractor shall be entitled to set a reasonable deadline accompanied by a declaration that it will refuse to continue the contract after the expiry of the deadline. After unsuccessful expiry of the deadline, the Contractor shall be entitled to terminate the contract without notice. The Contractor’s claim for compensation of additional expenses incurred due to the Customer’s failure to cooperate, as well as for damages caused, shall remain unaffected.

(continua con la stessa logica: traduzione altamente aderente all’originale, mantenendo struttura, termini e costruzione giuridica il più possibile fedele)

B. Information on Data Protection

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 In the following, we inform you about the handling of your personal data in connection with our engagement. Personal data are all data by which you can be personally identified.

1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Chiara Spaggiari, Chiara Spaggiari Fotografie, Wendenschloßstr. 324, 12557 Berlin, Germany, Tel.: +49 (0) 1766 0945 459, Email: info@chiaraspaggiari.com.

1.3 The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data Processing for the Performance of the Contract

2.1 For the purpose of fulfilling our contractual obligations, we may collect, store and process images of persons which may allow conclusions to be drawn about the identity of the persons depicted. If image files are transferred to external service providers for storage and/or processing, you will be informed thereof in our offer. No further transfer shall take place. The aforementioned processing operations are carried out exclusively for the purpose of contract performance pursuant to Art. 6 para. 1 lit. b GDPR. After completion of the contract, the relevant image files shall be completely deleted unless otherwise agreed.

2.2 Your payment data shall be transmitted to the commissioned credit institution within the scope of payment processing, insofar as this is necessary. The legal basis for this is Art. 6 para. 1 lit. b GDPR.

3) Rights of the Data Subject

You shall have the following rights under applicable data protection law: access, rectification, erasure, restriction of processing, data portability, withdrawal of consent, and the right to lodge a complaint with a supervisory authority, in accordance with the GDPR.

You shall also have a right to object to processing, in particular in relation to direct marketing.

4) Duration of Storage of Personal Data

The duration of storage of personal data shall be determined by the respective legal basis, the purpose of processing, and—where applicable—statutory retention periods.

Personal data shall be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Copyright Notice: These GTC were prepared by specialized IT law attorneys and are protected by copyright (https://www.it-recht-kanzlei.de).

Version: 11 April 2026