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Terms and conditions of services from ELAG International Group ltd.
ELAG International Group Ltd. registered under number HE434048, whose registered office is located at Tepeleniou, 13, Tepeleniou Court, 2nd floor, 8010, Paphos, Cyprus offers its services via various platforms and websites such as Hausfotografie.de, HOUSEPHOTO.IO as well as HOUSEPHOTOGRAFY.IO. (Hereinafter referred to as “Housephoto” or "Service provider").
Housephoto provides a suite of services related mainly to real estate photography and media creation to real estate agents, construction companies, investors, architects, hotels and private individuals (“Customers”). As part of its product and service portfolio, Housephoto offers its customers, among other Services, digital services such as sales and advertising photography, virtual tours, advertising videos, visualization projects, image and video editing, sales videos and image videos. The goal is to ideally present and help to visually market the customer's assets, real estate and companies on the market.
For the purposes of these Terms and Conditions, the Service provider and the Customer are individually or collectively referred to as “Party” or the “Parties”.
1. Purpose
The purpose of these Terms and Conditions of sale is – on the one hand – to inform any potential Customer of the terms and conditions under which Housephoto provides services and – on the other hand – to define the rights and obligations of the Parties in relation to the services provided by Housephoto to the Customer.
Said Terms and Conditions of services apply, without any limitation or qualification, to the sale of all services proposed by Housephoto on the Internet at www.housephoto.io or www.hausfotografie.de.
As a result, the fact that the Customer orders a service proposed on the Website, signifies full acceptance of these Terms and Conditions, which the Customer acknowledges having read before placing an Order.
These General Terms and Conditions are supplemented by the legal notices, the imprint and the privacy policy on the website.
2. Definitions
“Service provider” – means ELAG International Group Ltd. providing services by themselves or through subcontractors
“Customer” – means Professional or Private Customer accepting these Terms and conditions on his or her own behalf, such individual, or in the case of an individual accepting these Terms and conditions on behalf of a company or other legal entity, for which such individual is accepting these Terms and Conditions.
“Professional Customer” – means a natural or moral person who orders the services under the scope of their economic activity and for a business through booking subscription by entering into cooperation agreement.
“Private Customer” – means a natural person who orders the services outside the scope of an economic activity for personal use that may make individual bookings defined in Article 3.
“Order form” – means an ordering document or online order specifying Services to be provided by the Service provider to the Customer.
“Services” – means the products and services that are ordered by Customer under an Order Form or online purchasing portal.
"Material" – Sales and Promotional Photographs or promotional videos included in the Service order by Customer under an Order Form to be transferred to Client in accordance with these Terms and Conditions
"Raw Material" – means all other photographs and/or videos created in connection with a purchased Service but not included in the Service itself such as the Shoot or other files created in connection with the Shoot or Image Editing that are not Material.
“Website” – means HOUSEPHOTO.IO where the Customer may access the Online Purchasing portal to place an order.
3. Basis of agreement and placing of orders
3.1. Services characteristics
The Customer can consult the essential characteristics of the proposed services on the Website before placing an Order. The Customer acknowledges having read and understood the Terms and Conditions of Service at the time of placing the Order and expressly declares that he/she accepts them without reservation.
For all questions relating to the products and their use, the Customer can contact the Customer Service.
3.1.1 Individual booking
Eligibility
Both Professional and Private Customers can make individual booking.
Options
The services of individual booking may include the following:
Material
The material provided under the selected options including:
This Material may be transferred to the Customer under a full license described in detail in Article 6 “Intellectual property”.
Prices
The sales price of the on-line service sold on the Website, is indicated in EUR. Indicated prices are the ones in force at the time at which the Customer placed the Order.
The sales price of the services can be changed by the Service provider at any time. Any changes will be indicated to the Customer before the Order is completed.
Placing of orders
The individual bookings can be made via Online purchasing portal.
Payment
The Service provider will be entitled to collect the full price corresponding to the Order as soon as the Order is confirmed.
The Customer can pay for the Order on the Website under the conditions set out below. The Customer warrants the Service provider that it has the necessary authorizations to use the payment method chosen for the Order when the Order was registered.
All Orders must be paid for in EUR including all compulsory taxes and fees. Any bank charges will be paid by the Customer (including in the case of a refund).
Bank and credit cards
The following bank and credit cards are accepted on the Website: Visa, American Express, Mastercard and Union Pay.
The Customer can use a Stripe account to pay for the Orders on the Website. Any purchase by Stripe will be automatically subject to the User Agreement for Stripe Service and to the Stripe Privacy Policy.
Security of payment transaction
Within the framework of the fight against Internet fraud, the data relating to the Customer’s Order may be transferred to any third party authorized by the law or appointed by ELAG with the sole purpose of checking the Customer's identity and validating the Order and the payment method used.
After the above verification, ELAG reserved the right to request a photocopy of the Customer’s ID and/or any information relating to the Customer’s identity. The Customer has the right to access, amend and remove any data of a personal character processed by ELAG, under the conditions set out in the Confidentiality and Cookies Policy.
Confirmation of purchase
The Customer receives their confirmation of order and payment by email.
Communication of invoices for individual bookings must be requested from the Customer Service.
3.1.2. Booking Subscription (Business-Membership)
Eligibility
Only Professional Customers can opt for the booking subscription. Customer who places more than 11 orders per year and with whom a cooperation agreement exists.
Options
The services of multiple booking (Booking Subscription) may include the following:
Subscription benefits
Booking Subscription gives the Professional Customer following benefits:
Material
The material provided under the selected options including:
This Material may be transferred to the Customer under full license described in detail in Article 6 “Intellectual property”.
Placing of orders in the Business-Membership
The bookings can be made via:
Payment
Payment for Premium bookings is made monthly after invoice reception via wire transfer to the Service provider account specified on the invoice.
Unless a cooperation agreement concluded with Professional Customer provides otherwise the provisions on security of payment and transaction of individual booking apply.
Confirmation of purchase
The Professional Customer receives their confirmation of order by email.
Professional Customer must provide all information regarding their incorporation, address, VAT registration and any other information required by law for ELAG to issue an invoice.
4. Right of withdrawal
4.1. Right of withdrawal for Individual booking
Pursuant to Article 9 of Directive 2011/83/EU, as consolidated on 28/05/2022, in the case of distance or off-premises contracts, the Customer has the right to change his mind without giving any reason and without incurring any costs other than those provided for in Articles 13(2) and 14, subject to a period of fourteen (14) days from the date of confirmation of the order.
The Private Customer must contact Customer Service to exercise their right of withdrawal, in which case the Service provider will reimburse all payments received from the consumer without undue delay and in any event not later than 14 days from the day on which they were informed of the Private Customer decision.
Since the services included in the individual bookings are customized for the Customer, the Service Provider reserves the right to start performing the services after the expiration of the withdrawal period.
According to Article 16 "Exceptions to the Right of Withdrawal" of Directive 2011/83/EU, as consolidated on 28.05.2022, the private customer may lose his right of withdrawal if he requests immediate provision of the services.
If the customer wishes immediate processing of his order, he must click the checkbox "Exceptions to the right of withdrawal" when paying for the service. Otherwise, the service will be implemented only 14 days after booking.
4.2. Booking subscription (Business-Membership)
As the service of Booking subscription is available only for professional clients, the right of withdrawal for Consumers does not apply.
5. Cancelation policy
For private customers, in the event of cancellation, a review will be made by Customer Service and will be assessed on a case-by-case basis.
5.1 Private customers who make individual bookings may cancel individual orders without paying a fee, provided that the cancellation is made within more than 24 hours before the start of the agreed Shooting. In case of cancellation within the period of 24 hours or less and more than 12 hours before the start of the agreed shooting, the customer owes half of the agreed fee for the individual shooting. In case of cancellation within the period of 12 hours or less before the start of the agreed shooting, the customer owes the entire agreed fee for the individual shooting.
Business customers with a booking subscription (business subscription) are entitled to a separate right of rebooking and cancellation as well as a right of termination, which is agreed between the parties in the cooperation agreement.
6. Intellectual property
6.1. Transfer of intellectual property – full licence
ELAG shall transfer to the Customer the right to use the material, both physically and incorporeally, without limitation as to time and place, within the scope of the statutory term of protection. All rights are granted as exclusive rights, i.e. for the sole use by the Customer.
Any use by third parties requires the written permission of the Service provider.
Excluded from this is the authority of the service provider and its subcontractors to use the material as a reference for their own customer acquisition. For this purpose, the Service Provider shall request the Customer's release in writing prior to publication. The Customer shall have the right to refuse this release in whole or in part for reasons that would be detrimental to the marketing of the object or that are not or only partially compatible with the provisions set forth in article 9 of these GTC.
The customer may use the material without restriction, in particular for all types of advertising (print, web, indoor and home displays, TV, video clips, on-demand) as well as for packaging of products.
In this context, the granting of rights of use shall include the right of reproduction, the right of distribution and the right of exhibition (tangible exploitation rights), the right of lecture, performance and presentation, the right of making available to the public (in particular on the Internet), the broadcasting right, the right of reproduction on visual and audio media and the right of reproduction of radio broadcasts and of making available to the public (intangible exploitation rights) as well as all unknown types of use.
In particular (but not conclusively), the granting of the right of use in view of the use intended by the customer thus includes the following rights and purposes of use:
6.2. Other approvals and consents
The Customer shall, on its own responsibility, obtain the necessary approvals/consent from third parties for the creation of the material.
In particular, the Customer shall, to the extent legally required:
In the case of orders where a photographic drone is to be used, the Contractor or its subcontractors will obtain permission for the flight or inform the Customer relevant prohibitions and guidelines prior to every booking
The Customer shall comply with the statutory provisions for obtaining the agreed consents and permits in accordance with the laws and regulations applicable in the contractual territory.
Should third parties assert claims against the Service provider based on a culpable breach of § 5.1 and/or § 5.2. of this Agreement by the Customer, the Customer shall indemnify the Service provider against all such claims.
The Customer shall, to the extent that they are authorized to do so, grant the approvals or consents necessary for the performance of the order. Insofar as they can only cooperate in the granting of approvals or consents, they shall be obliged to do so in good faith.
The Customer declares in good faith to have obtained the consent of third parties before validation of the Order.
7. Customer Service
For any additional information, ELAG Customer Service can be reached by telephone at +357 99 102313 during the hours of service indicated in the “Contact Us” section of the Website.
8. Liability
8.1. Capacity
Before placing the order, the Client declares that he/she has full legal capacity and can therefore validly agree to these General Terms and Conditions with free will. Under no circumstances can the service provider be obliged to verify the legal capacity of the service provider. If a person lacking legal capacity orders items from the Seller, their legal representatives (parents, guardians, etc.) assume full liability for this order and must pay the cost of the order and any subsequent costs associated with it.
8.2. Limitation of liability
The Service provider shall not be held liable for the obligations of these Terms and Conditions of Service if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Customer, or is attributable to the occurrence of a force majeure event as defined by the Cyprus courts, or is attributable to any other event which was not reasonably under the Service provider’s exclusive control.
The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Housephoto Website or their suitability for the use that the Customer intends to make of them.
The Service provider DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SERVICE PROVIDER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE CUSTOMER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE CUSTOMER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE CUSTOMER TO THE SELLER.
Any claim filed by a user, including by any Customer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.
9. Amendments
The Service provider reserves the right to amend and update the General Terms and Conditions of Service without notice. To be informed of any changes, the Service provider advises the Customer, and in general any user, to regularly review the Website's General Terms and Conditions of Service and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Service in effect at the time of the Order.
10. Applicable law and competent jurisdiction
The services sold by the Service provider are subject to Cyprus law regardless of the Customer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SERVICE PROVIDER AND THE CUSTOMER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE CYPRUS COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY CYPRUS LAW.