Provider identification

Blue Sky Drone Photography

Mr. Andreas Reichherzer

Haselweg 11

89180 Berghuelen

Phone: 07344 / 9521973

Email: hello[@]blue-sky-dronephotography.com

The European Commission provides a platform for online dispute resolution (OS), which you can find at the following link: http://ec.europa.eu/consumers/odr/

In case of a dispute about a consumer contract, we do not participate in a dispute resolution procedure before a consumer arbitration board. There is no obligation for us to participate.

Please note that as a small business according to § 19 UStG we do not charge sales tax and therefore do not show it on the invoices.

1. General

1.1 By clicking on the GTC checkbox during the order process and the associated declaration of consent by the customer to the General Terms and Conditions reproduced below, which can be viewed and saved by the customer at any time, these become an integral part of the respective contract between Mr. Andreas Reichherzer (hereinafter referred to as “Supplier”) and the customer.

Any general terms and conditions of the customer that conflict with or deviate from the following provisions shall not apply.

1.2 Deviating agreements of the Customer shall only become part of the contract if and insofar as the Provider has agreed to them.

1.3 A customer or member within the meaning of these GTC may be a consumer or an entrepreneur.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

An entrepreneur is any natural person or legal entity or partnership that concludes the legal transaction in the exercise of its commercial or self-employed activity.

1.4 By agreeing to these Terms of Use, the Customer represents that he or she is at least of legal age in the country in which he or she resides, or that he or she is of legal age in the country in which he or she resides and has given the Provider his or her consent for his or her minor dependents to use the Provider’s website. At the end of the ordering process and before completing the order, the customer confirms to have reached the minimum age by ticking the checkbox.

2. Conclusion of contract

2.1 The product representations contained in the online store of the provider are non-binding and subject to change, do not yet represent a binding offer, but serve the customer only for viewing and as an invitation to submit a legally binding contract offer for him.

2.2 The Customer can submit the offer via the online order form integrated in the Provider’s online store. He starts the order process by selecting the product with “rent now” or a gift voucher with “select amount”. He then specifies a start and end date and the accessories required.

In the case of the gift voucher, the customer selects the amount or enters their own amount and also provides the required information about the recipient.

By clicking the button “Add to cart” the customer puts the selected product into the shopping cart. He can view the contents of the shopping cart in an overview by clicking on the shopping cart icon located at the top of the page.

In this overview, the customer can remove individual or all products from the shopping cart again by selecting the red cross shown in front of each displayed product or gift voucher. Alternatively, the customer can cancel the order process by executing the “back” button of the browser or closing the browser window. No order would have been issued in any of the cases.

Throughout the ordering process until the final and binding confirmation of the offer (see below), the customer can cancel the order by closing the browser or going back the steps, as previously described.

A shipping method does not have to and cannot be selected, as only digital products are offered for purchase in the online store. Once the selection has been made and the merchandise composition is correct, and the customer wishes to proceed with his order, he clicks the “Proceed to checkout” button.

Now the customer must first log in with an existing account or enter his data as a guest to complete the order. The corresponding “Login” or “Register” buttons are located at the top right of each page. For registration, the customer enters his address data.

If the customer is logged in, he gets an overview of the entered data, the essential details of the order and can choose the payment method. If the customer orders as a guest, name and address data must be entered and the payment method selected.

When purchasing a gift voucher, by clicking on the button “Proceed to checkout”, the customer is taken directly to the entry of his data, where he also receives an overview of the essential details of the order and can choose the method of payment.

In this view, the customer can make changes one last time by changing the information in the respective field. Here, too, the customer still has the opportunity to cancel the order process by closing the browser window or going back through the previous steps using the browser’s “Back” button.

If the customer agrees with the order, he clicks on the button “order now with obligation to pay”. With the execution of this button, a binding offer for the conclusion of a contract by the customer is submitted.

The provider sends a confirmation of receipt of the customer’s offer electronically (“order confirmation”). A contract is thereby concluded. The provider can accept the binding offer of the customer within 2 days. It is equal to an explicit acceptance by an order confirmation if the provider delivers the subject of the contract within this period. The provider is entitled to refuse acceptance of the order – for example after checking the creditworthiness of the customer.

If the payment method prepayment (e.g. PayPal, bank transfer) is agreed, the contract is already concluded with authorization of the payment by the customer. The provider thus already accepts the customer’s offer. A request by the provider for payment also represents an acceptance of the customer’s offer.

2.3 The text of the contract (consisting of the order data and the GTC incl. revocation policy) will be sent to the customer with the order confirmation.

The Customer shall ensure that the e-mail address provided by it for the purpose of processing the contract is correct so that the e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or its service providers for the purpose of processing the contract can be delivered.

The latest version of the GTC is continuously available on the provider’s homepage and can be accessed by the customer. The order data are usually not deposited and are not subsequently retrievable by the customer.

The customer must therefore ensure that the order data is stored. Only if the customer logs in with his user data before ordering, he can view the order history via his user account.

These contractual conditions can be printed out using the browser’s print function or saved on the computer using the “Save page” function.

2.4 Subsequent changes to information can still be communicated to the Provider via e-mail or by telephone after the conclusion of the contract. However, the subsequent changes to the sent offer have no influence on the validity and binding of the offer for the customer.

2.5 The contractual terms and conditions are available in German and English.

3. Right of revocation

Consumers (for definition see section 1.3 of the GTC) are entitled to a right of revocation in accordance with the provisions of distance selling law. As a consumer, you have the right to revoke your contractual declaration in accordance with the respective instruction:

Cancellation policy (for sales contracts, e.g. gift vouchers, memberships)

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must,

Blue Sky Drone Photography

Mr. Andreas Reichherzer

Haselweg 11

89180 Berghuelen

Phone: 07344 / 9521973

Email: hello[@]blue-sky-dronephotography.com

by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. 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.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

– End of the revocation policy –

Sample revocation form

(If you want to cancel the contract, please fill out and return this form).

– To

Blue Sky Drone Photography

Mr. Andreas Reichherzer

Haselweg 11

89180 Berghuelen

Email: hello[@]blue-sky-dronephotography.com

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of notification on paper)

– Date

_______________

(*) Delete as applicable.

Expiration of the right of withdrawal when purchasing digital products

In the case of contracts for digital products that are not delivered on a physical data carrier (e.g. downloads and streaming) and for individualized products (e.g. print orders, such as posters), the right of withdrawal expires as soon as the provider has started executing the contract. Each poster is commissioned and printed explicitly and exclusively on customer order. They are explicitly not stock items.

Likewise, the right of withdrawal expires if the customer expressly agrees to the immediate execution of the contract and confirms his knowledge that he thereby waives his right of withdrawal.

The consent to the immediate execution of the contract and the associated waiver of the right of withdrawal takes place at the end of the ordering process on the page by query via checkbox and checkmarking before sending the order to the provider.

4. Price and price components

4.1 All prices stated are in EUR (€) and represent final prices. Due to the small business regulation, no sales tax is levied in accordance with § 19 UStG and this is therefore not shown on the invoices. Discounts and other discounts are not granted, unless it is additionally and expressly referred to in the respective offer.

4.2 Costs for packaging, freight, postage and shipping at the time of conclusion of the contract are not included in the price. The costs for this are to be taken from the respective item description. The return shipment shall be made at the customer’s own initiative and expense.

4.3 The respective payment options are communicated to the customer within the scope of the item description. Only the payment methods specified in the respective offers are accepted. These are in detail: PayPal or bank transfer.

4.4 If advance payment is agreed, the Customer undertakes to pay the total cost of the placed order within 10 days of receipt of the payment request. If payment is not made in due time, the provider withdraws from the contract and the order is cancelled.

4.5 If the purchase of digital products (e.g. photographs and digital training content) is made from countries outside the European Union and or in a currency other than Euro, additional costs may be incurred for which the Provider is not responsible, such as money transfer fees (transfer or exchange rate fees of credit institutions), which shall be borne by the Customer. Any costs incurred for the transfer of funds shall also be borne by the customer in cases where the purchase is made in an EU member state but the payment was initiated outside the European Union.

5. Rights of use of digital products

Subject to payment of the remuneration owed and due, the customer shall receive the simple, non-transferable, spatially and temporally unrestricted right to store, copy, print and listen to or view the purchased digital products for exclusively personal and private use as often as desired.

Purchased digital products may be copied to various local storage devices, burned to media, and played and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the digital products is not permitted.

Saving and posting purchased digital products on data networks is prohibited. The digital products are copyrighted material. The download link and the digital products stored in the customer account may only be used by the customer himself and may not be passed on to third parties.

The provider reserves the right to add digital watermarks to the digital products offered. Digital watermarks consist of imperceptible information that can be inserted into audio data, for example.

6. Blue Sky Diamond Club memberships

6.1 Scope

The part of these General Terms and Conditions (GTC) from point 6 to point 6.6 applies specifically to all contracts for membership in the Blue Sky Diamond Club of the Provider. There are three different membership options: Standard, Premium and Elite.

6.2 Conclusion of contract

The membership contract is concluded by the written registration of the member via the online club registration form and the acceptance of the provider.

6.3 Terms of payment and duration of contract

6.3.1 Club membership fees

Standard membership in the Blue Sky Diamond Club is free of charge. For the Premium and Elite Membership, the membership fees named on the Provider’s Diamond Club homepage page will be charged.

6.3.2 Payment of membership fees

The membership fee is payable in advance for the entire contract period. The provider reserves the right to adjust the amount of the contribution annually. Payment of membership fees can be made by credit card. In the event of a return debit note, the actual costs incurred will be charged.

6.3.3 Contract duration

All contracts for membership in the Blue Sky Diamond Club are concluded for one month. Optional upgrades to Premium and Elite memberships can be purchased. These are available as monthly and annual contracts and can be selected and concluded by the member according to his preferences.

6.3.4 Extension of the membership contract

The membership contract is automatically extended by one month or one year, unless it is terminated at the end of the month in the case of monthly contracts or with one month’s notice to the end of the contract period in the case of annual contracts. After one year of membership, the annual contract can be canceled monthly at the end of each month after the automatic renewal for one year.

6.4 Benefits for members

6.4.1 Blue Sky Diamonds

Standard, Premium and Elite members can collect so-called Blue Sky Diamonds through their membership in the Blue Sky Diamond Club with all purchases in the provider’s online store. A Standard Member will receive 10 Blue Sky Diamonds for every 100 Euros or Dollars of merchandise value, a Premium Member will receive 20 Blue Sky Diamonds and an Elite Member will receive 30 Blue Sky Diamonds for every 100 Euros or Dollars of merchandise value deposited in their membership account.

Blue Sky Diamonds can be used to discount purchases from the provider’s online store. One Blue Sky Diamond has the equivalent value of one euro or dollar.

Blue Sky Diamonds payout is excluded. Blue Sky Diamonds are valid indefinitely.

In order to collect on a purchase from the online store of the provider Blue Sky Diamonds, the member must make the purchase as a registered member. In case of guest orders (the member is not logged in on the homepage of the provider at the time of the purchase), Blue Sky Diamonds cannot and will not be subsequently deposited in the member’s account.

6.4.2 Welcome diamonds

Each new member will receive 10 Blue Sky Diamonds deposited in their membership account as a welcome gift for their club registration.

6.4.3 Birthday Diamonds

The Member will receive a corresponding number of Blue Sky Diamonds on his/her birthday, depending on the status of his/her membership, provided that it is indicated.

A Standard member will receive 10 Blue Sky Diamonds, a Premium member will receive 20 Blue Sky Diamonds and an Elite member will receive 30 Blue Sky Diamonds deposited in their membership account as a birthday gift.

6.4.4 Verweisungsdiamanten

The member will receive Blue Sky Diamonds deposited in his membership account if he successfully recruits a new customer as a club member and the latter makes a purchase worth at least 34 euros or dollars in the provider’s online store.

Der geworbene Neukunde erhält, unter der Voraussetzung der Nutzung des Werbelinks des werbenden Mitglieds, nach seiner Clubanmeldung 10 Blue Sky Diamonds auf sein Mitgliedskonto gutgeschrieben.

6.4.5 Exclusive drone nude art photos

All members receive access to exclusive drone nude photos that can be purchased exclusively with Blue Sky Diamonds.

6.4.6 Pre-access to new drone nude art photos for premium and elite members

Premium and Elite members will also get the chance to purchase the latest drone nude art photos before the official release. You will be informed about this by e-mail.

6.5 Changes to the services

The provider reserves the right to change or extend the services at any time. Changes will be communicated to the members by email.

6.6 Termination of Club Membership

Membership may be terminated in writing by sending an email to hello@blue-sky-dronephotography.com, stating the full name and the date of termination.

7. Provisions for online services

Online services include all digital content that can be accessed and used online, i.e. by loading it into the computer’s RAM, for a limited period of time for the duration of the usage agreement by means of access data, regardless of the type and scope of the end device (e.g. computer, mobile app, tablet, etc.). This includes in particular audio and video streaming, access to online databases etc.

8. Access data, technical requirements

The subscription of online services requires that the customer first opens a user account via the website www.blue-sky-dronephotography.com. The customer hereby receives individual access data (user name and password), by means of which he can log in via remote data transmission. This access data entitles him to use the online services within the scope of his user contract.

The Customer shall provide the individual technical requirements for access to and use of the online services, including in the event of further development of the software platform or other technical system components by the Provider, in particular to provide the necessary hardware and operating system software, Internet connection and up-to-date browser software; the Provider shall provide the Customer with information on the browser to be used in each case upon request.

9. Secrecy and misuse of access data

Unauthorized use by third parties is prohibited and must be prevented by the customer – as far as possible. In particular, the customer must keep all access data secret.

The customer is liable for any misuse for which he is responsible. In order to verify the customer’s access authorization and the permissibility of the type and scope of use in the event of misuse or if there are indications that the functionality or security of the online services is impaired by the technologies used by the customer or that the possibilities are restricted by the provider, and to prevent service fraud, the provider has the right to block access to the online service. The Provider shall contact the Customer prior to blocking and inform him of the facts and an intended blocking and give him the opportunity to remedy the situation within a reasonable period of time; this shall not apply in case of imminent danger.

If the customer becomes aware of any misuse of the access data, he is obliged to inform the provider immediately.

10. Liability and warranty for sales contracts

10.1 Liability and warranty shall be governed by the statutory provisions. In the event of defectiveness, the customer shall in particular be entitled to subsequent performance pursuant to §§ 437 No. 1, 439 BGB (German Civil Code) if the statutory requirements are met. The rights of the customer under § 437 No. 2 and No. 3 BGB are not affected by this.

10.2 In the case of Entrepreneurs, the Provider shall have the right to choose whether to provide warranty by means of replacement delivery or rectification of defects. The rights of the customer under § 437 No. 2 and No. 3 BGB are not affected by this.

11. Copyright

Copying or use of photos, graphics and texts is only permitted with a written declaration of consent by the provider. In the event of copyright infringement, the Provider shall take legal action to the extent permitted by law.

12. Dispute settlement procedure

The European Commission provides a platform for online dispute resolution (OS), which you can find at the following link: http://ec.europa.eu/consumers/odr/

In case of a dispute about a consumer contract, we do not participate in a dispute resolution procedure before a consumer arbitration board. There is no obligation for us to participate.

13. Data storage / data protection

Our privacy policy can be found at the following link: https://blue-sky-dronephotography.com/en/privacy

14. Applicable law and choice of law

The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply. This choice of law does not apply to consumers if the protection granted is thereby withdrawn due to mandatory provisions of the state in which the consumer has his habitual residence.

15. Severability clause

Should individual provisions of this contract, including these General Terms and Conditions of Business, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.