Terms and Conditions
General terms and conditions for end customers for the booking of a model
1 Scope of application of these terms and conditions
1.1 These general terms and conditions (hereinafter referred to as the "GTC") apply to the booking of amodel on the marketing platform www.choisie.com, as well as applying to all contracts concludedbetween Digistore24 GmbH, Kalenberger Graben 7, 31134 Hildesheim, Germany (hereinafterreferred to as "we" or "Digistore24") and to you as our customer (hereinafter referred to as the“customer").
1.2 In this respect, we direct our offers to www.choisie.com exclusively to entrepreneurs within themeaning of section 14 of the German Civil Code (BGB) (hereinafter referred to as the"entrepreneur").
2 Contractual object
2.1 Digistore24 provides all the services described below exclusively based on these general terms andconditions. Deviating business conditions of the customer will not be an integral part of the contract,if Digistore24 does not expressly object to their validity.
2.2 The customer has the possibility to interact and communicate with the models registered there viathe online platform www.choisie.com, in order to compile an individual service package for individualprojects, which can then be booked via Digistore24.
2.3 We sell, in our own name and for our own account, the services of the models (hereinafter referred toas the "contract partner" or "model"), which are registered on the platform www.choisie.com, which,in the event of a booking with Digistore24, commit us to the direct provision of the service to thecustomer. Therefore, the provision of the service is carried out by our contractual partners, who areour vicarious agents. However, the contract for the purchase of the product of the service is alwaysconcluded with us.
3 Conclusion of contract
3.1 Discontinuation of the range of services of the contractual partner and its presentation on www.choisie.com does not constitute a binding offer from Digistore24 to conclude a contract with thecustomer. www.choisie.com is also our contractual partner and allows models and their businessactivity to be applied for. The customer has the possibility to directly communicate and interact withthe contractual partner at www.choisie . com in order to provide a non-binding service package.
3.2 Provided that an end customer decides to book a specific model and certain services after theindividual compilation of the individual performance parts for a desired project through the interactionwith the model, the end customer clicks on the corresponding button ("book model now", or similar).Subsequently the end customer is directed to the Digistore24 website, www.digistore24.com . Here,the end customer is informed in the online booking process that is offered there that Digistore24 isthe supplier of the desired catalogue of services of the model. In this booking process, in order forthe end customer to complete the booking, they must provide personal details, select the method ofpayment, provide the required information and then activate the booking process. Digistore24 offersthe end customer various methods of payment. Payment recipient and accounting office isDigistore24. Following this booking process, the buyer of Digistore24 will receive an e-mail with thebooking confirmation. However, this booking confirmation does not constitute an acceptance of theoffer sent by the customer to Digistore24.
3.3 Digistore24 stores the contract text of the booking and the buyer can print it before sending theirbooking to us by clicking on "Print" in the last step of the order process. In addition, we send thecustomer a booking confirmation as well as an order confirmation with all the details of the order tothe e-mail address that they have indicated.
3.4 Acceptance through Digistore24 takes place by means of a specific declaration of acceptance withrespect to the customer by e-mail; Digistore24 is entitled to reject contractual offers without specifyingreasons.
3.5 The offers of Digistore24 are subject to alteration and non-binding.
3.6 The contract language is exclusively German.
4 Payment terms
4.1 Digistore24 offers the customer different methods of payment. They are: PayPal, credit card paymentwith Mastercard or Visa, electronic direct debit, immediate transfer or transfer.
4.2 After the model’s provision of the service, Digistore24 will invoice the fee due for payment that hasbeen agreed on with the customer. This shall be payable immediately. The customer shall be indefault on payment at least 30 days after the invoice has been issued, provided that the invoice hasnot settled.
4.3 The fee agreed on for payment is based on the working hours of the model that has been booked.This begins with the arrival of the model on the set and ends with the definitive end of the shoot.
5.1 In general, the booking of a model can only be cancelled for an important reason. In particular, thecustomer has an extraordinary reason to terminate the contract if the model’s guaranteed characteristics arenot provided and therefore the model cannot be used for the purpose agreed upon for the order. The customeris obliged to notify the reasons for the termination without delay and to present the contents and to producedocumentation photographs. The hair styling, styling and make-up is not a guaranteed characteristic. For thispurpose, neither Digistore24 nor the model shall be held responsible.
5.2 If the order is not executed due to circumstances for which the customer is responsible, the customermust make the following payments to Digistore24:
in the event of cancellation 0-24 hours before the start of the order, 100% ofthe total fee,
in the event of cancellation 25-48 hours before the start of theorder, 50% of the total fee,
in the event of cancellation 49-168 hours before the start of the order, 30% of thetotal fee,
in the event of cancellation 169-336 hours before the start of the order,20% of the total fee,
The customer is entitled to prove a lower amount of loss on behalf of Digistore24.
5.3 Digistore24 reserves the right to assert claims for additional damages.
6 Buyout/rights of use
6.1 Unless explicitly agreed otherwise, no rights of use will be transferred with the fee that is agreed on forpayment. A transfer of the rights of use (buyout) takes place separately for an intended use that hasbeen agreed on, the agreed product, the agreed usage form and the period of use.
6.2 Any further use, such as, in particular, posters, billboards, packaging, displays, videos, require explicitwritten approval from us.
6.3 An agreed annual period starts with the actual use, however at the latest twelve months after thecreation of the photos or footage. After the start of the annual period, the deadline cannot besubsequently changed in a unilateral manner.
6.4 The contractually agreed rights of use are only granted upon the payment of the agreed fee. Any useprior to the full payment of the agreed fee is not permitted.
6.5 Should photos or footage be created without prior notice and a buyout agreement or renewal, acontractual penalty of 300% of the agreed daytime fee with the addition of the usual buyout fee will beimmediately payable.
7.1 Digistore24 shall be liable for intent and gross negligence, as well as for damages resulting from lossof life, bodily injury or damage to health.
7.2 In cases of slight negligence, Digistore24 shall only be liable if an essential contractual obligation isviolated. An essential contractual obligation within the meaning of this clause is a duty, the fulfilment ofwhich enables the performance of the contract in the first place and in the fulfilment of which thecontractual partner may thus regularly rely. Limitations of liability shall apply to Digistore24'semployees, agents and vicarious agents. Except in cases of unlimited liability in accordance withsection 7.1, Digistore24 is only liable for the foreseeable contract-type damages. If a model does notshow up, the customer is entitled to look for a replacement at www.choisie.com.
7.3 In the event of a complaint, the customer must immediately inform Digistore24 and indicate the reasonfor the complaint. Polaroids shall be made to prove the complaint. The model shall then immediatelybe released from their work obligation, if the justified complaints make the performance of the contractimpossible. However, if photos or footage are taken with the model, this shall be deemed a waiver onthe part of the customer for any justified complaint.
7.4 The customer is responsible for the hair styling and make-up, as well as the wardrobe. In principle, thecustomer has to insure accident and health risks at their own expense. In the case of particularly riskyphotos or footage, the customer has to take out appropriate insurance for the model. The customer isobliged to comply with the occupational safety regulations of the Federal Republic of Germany; thisshall also apply to any assignments abroad. If the risk involved has not been communicated to us atthe time of booking, the model is entitled to refuse performance. In this case, Digistore24 shall receivea cancellation fee of 70% of the agreed total fee. We do not assume any guarantee for a specificresult of the performance of the model.
8 Place of performance, place of jurisdiction, applicable law
8.1 The place of performance for all claims resulting from the contractual relationship is Hildesheim.
8.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract isHildesheim, provided that the customer is a trader or has no general place of jurisdiction in Germanyor in another EU member state, has moved their permanent place of residence abroad after thecoming into force of these contractual terms and conditions or their place of residence or permanentaddress is not known at the point of time.
8.3 German law applies with exclusion of the UN convention on contracts for the international sale of goods(CISG).
8.4. Counterclaims of Digistore24 can only be offset by the customer or a right of retention asserted if theircounterclaim is beyond dispute, a legally binding title is present, or the counterclaim is in asynallagmatic relationship with the respectively affected claim.
8.5 Should individual provisions of these contractual terms and conditions be or become invalid and/orin the event that they are contrary to legal regulations, the validity of the terms of the remainingcontractual terms and conditions shall not be affected.
8.6 The customer is not entitled to assign claims from the contractual relationship to third partieswithout our consent.
Version: May 2017