(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs with
represented by the managing directors:
Bernhard Summer | Selina Fischer
hereinafter referred to as "we".
(2) Legal transactions can be concluded by telephone, e-mail, video chat, initial meeting, contact form, social media or via the website.
(3) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. The German text shall have priority.
(4) These GTC shall apply exclusively. Conflicting or deviating from these terms and conditions, will not be recognized by us. Unless these have been expressly acknowledged by us in writing.
(5) In some cases we conclude additional agreements with our customers. These are more specific and take precedence over these GTC. These GTC are also included in the agreement.
(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if:
(2) In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
(3) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs are any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(4) The version of these GTC valid at the time of booking shall apply.
(5) The prices at the time of booking apply. According to the offer transmission or invoicing.
(6) If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to them.
(1) The subject of the contract may be the following services (the list is not exhaustive):
hereinafter collectively referred to as "programs". These programs can take place offline as well as online.
(2) The contract between us and you is concluded when you place the order or when we send you the order confirmation/invoice. The order can be placed by telephone, e-mail or video chat.
(3) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
(1) All prices stated are net prices plus the legally applicable value added tax for Germany. Depending on the country from which the customer comes, the reverse charge procedure may take place.
(2) If a written offer is submitted and approved by the Customer, remuneration shall be paid in accordance with the offer.
(3) Additional services as well as services that were not preceded by an explicit offer shall be invoiced on a time and material basis.
(4) GEMA fees and other compensation under usage law as well as other costs incurred (rent, permits, etc.) shall be borne by the Customer.
(5) Travel expenses will be charged to the customer after prior agreement.
(6) The invoice is generally sent by e-mail in the form of a PDF document.
(7) The terms of payment shown on the invoice shall apply. Unless otherwise agreed, the invoice amount shall be due immediately upon receipt of the invoice.
(8) Access to the respective programs is made dependent on prior receipt of payment. As soon as we have received the payment, you are entitled to our corresponding consideration.
(9) Late payments may incur costs for appropriate reminders, which will be charged to you. If the internal dunning process is not successful, we may hand over the outstanding debt to a lawyer for collection. In this case, you will incur the costs for the use of legal representation.
(10) You are not entitled to assert a right of retention or set-off against payment claims of us; unless it is a matter of undisputed or titled counterclaims.
(11) If you are in default of payment or otherwise in arrears, we shall be entitled to refuse performance or delivery until all due payments have been made. Furthermore, we shall be entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractually agreed or statutory rights and claims of us.
(1) The concrete scope of the services can be found in the respective offer or order confirmation (sent to the customer by e-mail).
(2) The duration of the programs depends on the program booked in each case.
(3) As a rule, there are programs and services.
(7) If you cancel a booked program or do not make use of services from our packages, all-inclusive or fixed-price offers, you are not entitled to a refund of the payments you have made.
(1) We are entitled to commission services from third parties, which must be purchased to carry out the production, in the name of and with power of attorney and for the account of the customer.
(2) Unless otherwise agreed, we shall select the recordings to be submitted to the customer for acceptance after completion of the production.
(3) The customer is obligated to provide us with the data, information and templates required for the performance of the service on the agreed date, free of third-party rights.
(1) Audio, video, PDF files and other documents may be retrieved (downloaded) and printed by you as a customer for your own use.
1) The image rights are transferred to the customer. The right of use is unlimited in terms of time, space and content.
(2) The rights of use shall not pass to the Customer until payment has been made in full.
(3) We may publish the resulting images/services online as a reference for self-promotion.
(1) Personal data (such as name, address, telephone number, e-mail & VAT ID, if applicable), which are necessary and required solely for the purpose of implementing the resulting contractual relationship, are collected, used and stored on the basis of legal authorizations.
(2) Data exchanged within the scope of our collaboration or provided by us will be transferred by mail or by means of an online service (Usually: OneDrive, picdrop, WeTransfer, iCloud, Matterport server and/or Adobe Creative Cloud; in coordination also via another) transferred and stored there.
(2) Image data will be stored by us for at least 1 year and can be reordered during this period.
(3) The customer may revoke the data storage in writing at any time. In this case, the image data and design data will be deleted and can no longer be requested/re-ordered.
(4) Personal data will be treated as strictly confidential.
(1) We will treat all information, documents and business transactions of the customer as strictly confidential.
(2) The obligation to maintain secrecy shall apply for an unlimited period of time beyond the duration of the contract. The confidentiality obligation shall also apply to third parties involved in the order.
(3) You are obligated to maintain secrecy about all information to be treated as confidential of which you gain knowledge in the course of the cooperation and to only use this information vis-à-vis third parties with our prior written consent. This also applies to all documents that you have received from us.
(4) All information that you receive during our cooperation about the manner in which we provide our services and which must be kept secret due to statutory regulations is subject to business secrecy. For this reason, you undertake to maintain the business secret and to keep the aforementioned information confidential.
(5) Within the framework of a reference agreed in writing, you are entitled to speak/write about the manner of cooperation with us.
(6) Not affected by confidentiality is information which was already known prior to the confidentiality obligation, which was developed independently of us, which was or is publicly available at the time of receipt of the information or which subsequently became publicly available through no fault of yours.
(7) A corresponding contractual penalty shall be due for any breach of the confidentiality obligation.
(1) The files and documents issued by us are samples that you must adapt to your needs. No liability is assumed for completeness and up-to-dateness.
(2) We reserve the right to optimize and adjust the content at any time.
(3) Liability on our part for slightly negligent and negligent breaches of duty is excluded with the exception of breach of the duty of care, injury to life, limb or health or in the case of claims under the Product Liability Act.
(4) We shall not be liable for the admissibility under competition and trademark law.
(6) Insofar as defects in the service (service provider) can be remedied, an obligation to pay damages for these defects shall only arise if the customer has notified us in writing of the existing defects and we have not remedied the defects within 14 days.
(7) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of the offer.
(8) The customer guarantees that all data/materials provided are free of third-party rights. He also guarantees that all persons depicted agree that photographic recordings of them are made, stored, processed and published online.
(1) The respective term of our contract depends on the booked program. As a rule, the contract ends automatically through fulfillment. This means that you have paid our entire fee and we have provided the corresponding consideration.
(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part shall exist in particular if you have defaulted on payments more than twice, if you have intentionally violated provisions of these GTC and/or have committed prohibited acts intentionally or negligently, or if our relationship of trust has been permanently impaired.
(3) If one party terminates the contract extraordinarily, our services rendered shall be invoiced in accordance with the work performed up to the time of termination. If the customer has paid too much, the excess amount will be refunded by us.
If you act contrary to the contract by violating these GTC, we have the right to exclude you from the program. This is especially the case if you repeatedly fail to keep appointments, or similar. In this case, no costs will be refunded.
(1) As a consumer, you are entitled to a right of revocation in accordance with the instructions listed in the appendix.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded at the moment you place the order or receive the confirmation email / order confirmation by us.
You can cancel your purchase free of charge within 14 days.
(3) In the case of services and programs, the following special features apply with regard to the right of withdrawal:
(4) In the case of digital content, the following special features apply with regard to the right of withdrawal:
(5) If the booking is cancelled within 14 days and the program has already started during this time, you are only entitled to a pro-rata refund of your costs. Services already performed will then be deducted from the refund on a pro rata basis.
(1) Force majeure shall be deemed to exist if an external event occurs which has no operational connection and which cannot be averted even by exercising the utmost care that could reasonably be expected. Force majeure shall be assumed in the case of natural disasters, political events (such as wars) and other events such as epidemics, pandemics, epidemics, quarantine orders, etc. by authorities, countries and states.
The lists are not exhaustive; comparable events, such as those mentioned in paragraph 1, also fall under the concept of force majeure.
(2) The party that first learns of the event shall inform the other party in a timely manner.
(3) In the event of force majeure as defined in paragraph 1, we agree that contractual services shall initially be suspended for the duration of the impediment. I.e. our respective services will be discontinued for the time being. Fees already paid in advance will remain with us for this period. If payments still have to be made by you, the payments shall be made for services already rendered. Payment can be paused for services not yet rendered. After the end of the unforeseeable event, the contract will be resumed.
Any further possible damage is borne by each individual.
(4) If the event lasts longer than 6 months, we are entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month. The services already provided by us are to be paid by you. Fees paid in advance are to be reimbursed by us. In the case of this cancellation, everyone bears further damages (e.g. hotel bookings, flight bookings, etc.) themselves.
(5) In the event that the event lasts longer than 12 months, a final invoice will be issued by us and the contract will be terminated. In the event that you still have to make payments for services already provided, these must be paid within 14 days of receipt of the invoice. Further claims due to force majeure are excluded. Each party bears the damages incurred for themselves.
These GTC can be changed if there is an objective reason for the change. This can be, for example, changes in the law, adaptation of our offers, changes in case law or a change in economic circumstances. In the event of significant changes that affect you, we will inform you in good time about the planned changes. You have a 14-day right of withdrawal after the information. After expiry of this period, these new regulations have become an effective part of the contract.
(1) The GTC written here are subject to German law. Verbal collateral agreements have not been made. Amendments to the contract must be made in writing.
(2) If any provision of this Agreement is inconsistent with statutory provisions, such provision shall be interpreted so as to achieve the agreed purpose to the greatest extent possible.
(3) The contract as such shall remain in full force and effect.
(4) The place of jurisdiction is the Munich Local Court.
(5) We would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
We do not participate in the dispute resolution procedure.
Status: February 2022
(1) The language available for the conclusion of the contract is exclusively German.
(2) The presentation of our services on the website does not constitute a binding offer on our part. Only the booking of a service by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you a booking confirmation by e-mail. This concludes the contract for the booking / purchase.
(3) Our prices are shown as net prices plus the statutory value added tax for Germany. Depending on the country from which the entrepreneur customer comes, the reverse charge procedure takes place.
(5) As a consumer, you have a right of withdrawal in accordance with the following instructions.
As a consumer, you have the right to revoke the contract within fourteen days without giving any reason.
You have no right of withdrawal if you have expressly agreed in your booking / purchase that we should already begin with the execution of the service before the end of the withdrawal period and this service has been provided in full. If we have partially performed the service, you no longer have a right of withdrawal in this respect.
The revocation period is fourteen days from the day of the conclusion of the contract. The contract is concluded on the day you receive the order confirmation from us. To exercise your right of withdrawal, you must send us to
Lucid Visions GmbH, Klingerstr. 26, 81369 Munich, Germany
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we must refund any payments we have received from you no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction.
If you have made the payment as a bank transfer, please provide us with your account details, as we can only see part of your account details on the bank statement.
If you have agreed that we should already begin with the service before the expiry of the 14-day revocation period, then you must also provide us with the consideration (fee) for these services and in this respect have no claim to reimbursement.