General contractual basis for film, TV, advertising, industrial, reportage, documentary and short film productions. The same applies to all services provided by the full-service marketing agency.
The following terms and conditions apply to all orders placed. They shall be deemed to have been agreed unless they are immediately contradicted.
1. Copyright and rights of use
1.1. Every order placed with Fürst-Media, hereinafter referred to as FM, is at the same time a copyright contract which is directed towards the granting of rights of use to the work performances.
1.2. All raw materials, all works of the agency (strategies, corporate identity, event ideas, layouts, etc.) and the film produced under the order are subject to the Copyright Act, hereinafter referred to as UrhG. The provisions of the UrhG shall also apply if the level of creation required under §2 of the UrhG has not been reached.
1.3. Raw material and films may not be changed, neither in the original nor in the reproduction, without the express consent of FM. Any imitation, including of sequences, is not permitted. A violation of this provision entitles FM to assess a contractual penalty in the double amount of the agreed production costs, for unauthorised broadcast images an additional € 3,000. -- per film-second will be assessed.
1.4. FM transfers to the client the simple, non-exclusive rights of use for the contractually agreed use. Any transfer of the rights of use to third parties requires written consent. The simple, non-exclusive rights of use shall only become the property of the Customer after full payment by the Customer. Exclusive rights are always limited in time and are only valid with a separate agreement.
1.5. FM is entitled to be registered as the author on the reproductions and other services. This applies in particular to advertisements in newspapers, websites and all printed products. An infringement of the right to be named entitles FM to copensation. Without proof of a higher damage the compensation amounts to 100% of the agreed production costs. The right to claim higher damages upon proof remains unaffected.
1.6. Suggestions on the part of the client or his employees have no influence on the amount of the production costs. Neither do they establish any joint copyright.
2.1. Raw material, film production and the granting of rights of use shall constitute a complete service. The remuneration shall be net amounts, which shall be paid plus the statutory value added tax.
2.2. If only the raw material is delivered without the granting of rights of use, the value for the rights of use shall not apply.
2.3. If the produced film is used at a time not agreed or to a greater extent than contractually agreed, FM shall be entitled to issue an additional invoice for the use not agreed.
2.4. The production of films and all other activities performed by FM for the Customer shall be subject to a fee, unless otherwise agreed in writing.
2.5. Our offers are subject to change and non-binding and are valid up to 8 weeks after the date of the offer. Changes and errors are reserved. If the service provided by FM is used again or to a greater extent than originally intended, or if the offer is exceeded by more than 10% of the originally agreed order volume, the Customer shall be obliged to pay additional remuneration.
3. Due date of remuneration
3.1. The first third of the total remuneration shall be due at the time the order is placed, the second third at the start of shooting and the third third at the time the finished and accepted film is handed over/accepted, unless otherwise agreed in the offer. A film shall be deemed to have been accepted if the client does not comment on it within 5 working days of notification.
3.2. In case of default of payment FM is entitled to charge default interest in the amount of 6% above the current discount rate of the Deutsche Bundesbank. The assertion of a proven higher damage remains unaffected.
4. Special services
4.1. Special services, such as the reworking or alteration of master tapes/films shall be charged separately according to the time required. A verbal instruction from the Customer or its employees is sufficient in this respect.
4.2. FM is entitled to order the external services necessary for the fulfilment of the order in the name and for the account of the Customer. The client obliges to grant the Production Company the corresponding powers of attorney.
4.3. Insofar as in individual cases contracts for external services are concluded in the name and for the account of FM, Customer undertakes to indemnify FM internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
4.4. Expenses for technical incidental costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions etc. are to be reimbursed by the Customer.
4.5. Travel costs and expenses for journeys to be undertaken in connection with the order and agreed with the client are to be reimbursed by the client.
5. Retention of title
5.1. Only rights of use are granted to the raw material, photos, texts and films, but no rights of ownership are transferred.
5.2. The originals shall be returned undamaged and uncopied after a reasonable period of time, unless expressly agreed otherwise. In the event of damage or loss, the Client shall reimburse the costs necessary to restore the original. The assertion of further damages shall be calculated by means of possible expert opinions.
5.3. The dispatch of master tapes, DVDs, approvals of storyboards and scripts or of printers etc. shall be at the risk and for the account of the Customer.
5.4. FM is not obliged to hand over animations, files or layouts created on the computer to the Client. If the Customer requests the surrender of computer data, this shall be agreed separately and shall be remunerated. If FM has provided the Customer with computer files, these may only be used or modified with prior consent. If this is violated, 1.3. shall come into force.
6. Sample documents
6.1. The Customer undertakes, without being requested to do so, to provide FM with a full length recorded master tape/DVD/flyer/brochure etc. free of charge. FM is entitled to use this for self-promotion purposes.
7.1. FM undertakes to execute the order with the greatest possible care, in particular also to handle with care any artwork, films, displays, photos, layouts, etc. provided to it. FM is liable for damages only in case of intent and gross negligence. Any liability for damages exceeding the value of the material is excluded.
7.2. FM undertakes to carefully select and instruct its vicarious agents. Beyond that it is not liable for its vicarious agents.
7.3. If FM commissions necessary external services, the respective contractors are not vicarious agents of FM. FM is only liable for its own fault and only for intent and gross negligence.
7.4. FM shall not be liable for drafts (storyboards and scripts) approved by the Client.
7.5. The production company FM is not liable for admissibility under competition and trademark law as well as registrability.
7.6. Complaints of any kind whatsoever must be made in writing to FM within 14 days of delivery of the master tapes/DVDs. After expiry of this period, the same shall be deemed to have been accepted free of defects.
8. Freedom of design and templates
8.1. Within the scope of the order there is freedom of design. Complaints regarding the artistic design are excluded. If the Customer wishes changes during or after the production, he has to bear the resulting additional costs. FM shall retain the claim to remuneration for work already commenced.
8.2. If the execution of the order is delayed for reasons of force majeure or for reasons for which the Customer is responsible, FM may demand an appropriate increase of the remuneration. In case of intent or gross negligence FM may claim damages. This does not affect the right to claim further damages for delay.
8.3. The Customer assures that he is entitled to use all templates provided to FM. If, contrary to this assurance, he is not entitled to use them, the Customer shall indemnify FM against all claims for compensation by third parties.
9. Consultancy services
Marketing strategy consultancy services provided by FM which are not directly linked to an Order will be charged at FM's normal hourly/daily rate.
10. Exclusion of competition
FM is entitled to work for the same manufacturers and products. An exclusion of competition is not possible. Of course, FM commits itself to secrecy of all incidents.
10. Area of application
These General Terms and Conditions between Fürst Media Verlag (FMV for short), represented by Mrs Petra Fürst, and the customer of the online shop apply to all contracts concluded with us. They apply in the version valid at the time of the order. Other or deviating terms and conditions require express written confirmation.
11. Conclusion of a contract, storage of the text of the contractThe following regulations on the conclusion of a contract apply to orders placed via our Internet shop http://www.Fuerst-MediaVerlag.de.
In the event of the conclusion of a contract, the contract shall be concluded with
Fürst Media Publishing House
Josef-Felder Str. 53
Value Added Tax No. 147/126/30621
shall come into effect.
The presentation of the goods in our Internet shop does not constitute a legally binding offer of contract on our part but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
Upon receipt of an order in our Internet shop, the following regulations shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirmation by clicking the "Order" button
3) Checking the details in the shopping basket
4) Pressing the "checkout" button
5) Login to the Internet shop after registering and entering the login details (e-mail address and password).
6) Check again or correct the data entered.
7) Binding submission of the order.
Storage of the contract text for orders via our Internet shop: We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can also view the GTC at any time at http://www.Fuerst-MediaVerlag.de/AGBs. You can view your past orders in our customer area under My Account --> My Orders.
12. Conclusion of contract, liability for defects and withdrawal
FMV undertakes to accept the customer's order in accordance with the terms and conditions stated on the website. If, despite extensive research, printing, spelling, or calculation errors have crept in, FMV is entitled to withdraw from the contract. By sending the items placed in the shopping basket and sent, you will receive an automatic confirmation e-mail. An effective contract is concluded as soon as the money has been credited to our account. In the case of advance payment or immediate bank transfer, however, this comes into effect immediately. The prices on the articles include the statutory value added tax. Exception: The author contracts (entrepreneurs). VAT must still be added to these.
When a customer places an order, he/she accepts the General Terms and Conditions of Business, Delivery and Payment of Fürst Media Verlag.
The customer's order will be delivered within 3 working days to the address given, unless we have stated otherwise in the product description. Complaints about undelivered goods can only be accepted within 14 days of the order date. Information sent by e-mail (e-books, films, etc.) which does not reach the buyer in full or damaged, the seller undertakes to provide a replacement as soon as possible. A refund of the purchase price is not possible when sending data.
14. Shipping costs
The shipping costs within Germany are: 8,95 €.
The shipping costs within Europe are: 16,95 €
For e-books and other downloads, the shipping costs are not applicable.
We try to act as environmentally conscious as possible. This also means that any packaging materials used will be reused. Of course, your ordered and purchased goods are sufficiently protected.
16. Due date, payment, and delay
The purchase price is due when the order is sent. Before sending the order, the payment method was selected by the customer. The goods will only be dispatched after receipt of payment. The same applies to payment in advance.
The use of e-books or other chargeable articles made available for download can only be made by instant bank transfer.
17. Reservation of proprietary rights
The delivered goods remain the property of FMV until full payment and cannot be sold or pledged to third parties. The customer is only entitled to a set-off if the counterclaim has been confirmed by FMV.
18. Copyright protection
All contents on the pages of FMV are subject to German copyright law. Some of this information is provided by third parties. FMV is not liable for these. The user undertakes to observe all copyrights.
The rights to the images used are either ours or those of the respective partners. Use is only permitted with written permission.
19. Data protection
The use of our website is generally possible without providing personal data. Insofar as personal data (e.g., name, address, or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.
By agreeing to receive newsletters, the customer will only receive information that Fürst Media sends out.
We would like to point out that data transmission on the Internet (e.g., when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
The use of contact data published within the framework of the imprint obligation by third parties for the purpose of sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam mails.
20. Right of withdrawal/cancellation policy
The revocation is to be sent to:
Fürst Media Verlag
Josef-Felder Str. 53
Consequences of revocationIn the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g., interest) must be surrendered. If you are unable to return or surrender the performance received and benefits (e.g., advantages of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only must pay compensation for the deterioration of the item and for any benefits derived from it if the benefits or the deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example.
Goods that can be sent by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation or the item, for us with its receipt.
Exclusion of the right of revocation The right of revocation does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded, for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you or the blister packaging of books/DVDs/CDs etc. has been damaged, as well as for the delivery of newspapers, magazines, magazines and magazines. is damaged, as well as for the delivery of newspapers, magazines and periodicals (unless you have made your contractual declaration for the delivery of newspapers, magazines and periodicals by telephone).
Please note: In the event of revocation, please return the goods to us, as far as possible, not carriage forward but as a prepaid parcel. We will also be happy to reimburse you in advance for the postage costs, insofar as we have to bear the return costs. Please avoid damage and contamination of the goods. If possible, please return the goods to us in the original packaging with all accessories and packaging components. If you no longer have the original packaging, please provide suitable packaging to avoid transport damage.
End of the cancellation policy.
FMV shall not be liable for damage which has not occurred to the delivery item itself; in particular, it shall not be liable for loss of profit or for any other financial loss suffered by the customer. Insofar as the liability of FMV is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
FMV merely provides the technical platform for the distribution of third-party content. The author/creator is responsible for the content himself/herself. FMV excludes any liability here for damages or losses arising from the use of the content.
All information and services, in particular also the downloads (e-book, guidebooks, training and other films etc.) cannot be exchanged in the event of ineffectiveness. In particular, the seller cannot be held legally responsible for the topicality, correctness, and legal validity.
All statements, especially regarding mentioned earnings, size, and scope of the books/guidebooks etc. on the seller's website do not constitute a promise. They are a mathematical possible size, which depends on the respective contents.
The Seller shall not be liable for any misinterpretation in the matter. All claims for damages, irrespective of the legal grounds, are generally limited to the amount of the invoice. Costs incurred by FMV (e.g., by graphic designers, editing or book printing) will be deducted from this sum.
22. Contractual regulation regarding the return costs in case of revocation
Should you make use of your right of revocation, the following agreement shall apply in accordance with § 357 para. 2 BGB (German Civil Code), according to which you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you still have to pay the costs of the return shipment at the time of the revocation.
23. Contract language
Only German is available as the contractual language.
24. Place of jurisdiction
The place of jurisdiction for all claims arising from the contract is Munich.
25. Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the EGBGB. This also applies to orders from abroad.
26. Severability clauseThe invalidity of individual provisions shall not affect the validity of the other provisions. In place of the invalid or void provision, a corresponding legally valid provision shall come into force which comes as close as possible in economic terms to what the parties intended to agree with the invalid or void provision. The seller is entitled to amend the GTC. Deviations from the GTC for individual buyers must be made in writing and must be accepted by both parties.
Status of the GTC August 2022