GENERAL TERMS AND CONDITIONS
of bsv-production GmbH
These General Terms and Conditions ("GTC") govern the business relationship between you ("user" or "customer", depending on the context) and bsv-production GmbH ("BSV", "we" or "us") based in Glarus Nord (Switzerland), in particular the use of the AERIALSTAGE Onlinestore (aerialstage.com) and the BSV website (bsv-production.ch).
1. GENERAL / SCOPE
1.1 These GTC apply to all business relations between us and the customer or user. In particular, they apply to the granting of rights of use to film raw material (footage material/clip) and to the use of our Internet pages aerialstage.com and bsv-production.ch ("our Internet pages"). These GTC apply regardless of whether a clip is purchased for a fee or free of charge (as a so-called free clip).
1.2 We reserve the right to adapt these GTC at any time. The version of the General Terms and Conditions valid at the time of use of the Internet pages or - in the case of an order - the version valid at the time of the conclusion of the contract is decisive in each case.
1.3 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless we expressly agree to their validity in writing.
2. CONCLUSION OF CONTRACT / PAYMENT / DELIVERY / RIGHT OF REVOCATION
2.1 With the order, the customer makes a binding contract offer. Before placing an order, the customer must check whether the specifications of the footage material correspond to his wishes and needs.
2.2 The receipt of the customer's order is usually confirmed by us within 24 hours. We have three (3) working days after receipt of the order to accept the contractual offer made by the order by means of order confirmation. We are entitled to refuse the order without giving any justifications.
2.3 The contract with the customer is concluded by the order confirmation on our part (e.g. via e-mail) or by the provision of services (e.g. dispatch).
2.4 Delivery of the footage material is principally by download. A physical delivery of the footage material is possible after prior, separate agreement.
2.5 In case of non-availability or only partial availability of physical deliveries, the customer will be informed immediately. We are entitled to make partial deliveries.
2.6 Before ordering the footage material, the customer is entitled to download it free of charge with our watermark and to use it briefly as a placeholder in layout films or videos (with the watermark) (cf. also Section 3.8). Material downloaded free of charge may not be passed on, published or used commercially.
2.7 The total price is based on the order confirmation and basically includes the price for the right of use of the footage material including shipping costs (by post or download), the costs of the data carrier and the value added tax valid on the day of the order date.
2.8 In principle, prepayment applies. The total price is payable within five days after dispatch of the order confirmation. After five days, the customer is automatically in default without a reminder. After 10 days from dispatch of the order confirmation, we reserve the right to withdraw from the contract immediately.
2.9 The customer is not entitled to offset the total price payable in whole or in part against counterclaims against us.
2.10 For the physical delivery (e.g. on external hard disk) additional shipping and material costs are incurred.
2.11 The delivery and performance periods are based on the order confirmation. They are extended by the period in which the customer is in default of payment.
2.12 The customer is responsible for compliance with all import regulations of the country of destination. In particular, the customer is responsible for the fulfilment of all customs formalities as well as the declaration and removal of all applicable taxes and duties.
3. RESERVED RIGHTS / CUSTOMER’S RIGHTS OF USE
3.1 The footage material is legally protected. All materials are copyrighted by us or our licensors. We reserve the right to request that the author of the material be named in a suitable place. With the order, the customer accepts the obligation to name the author at our request.
3.2 We retain ownership of the physically delivered materials until full payment of the purchase price. In principle, prepayment is applies.
3.3 The material, geographical and temporal scope of the right of use is primarily determined by the order confirmation. Unless otherwise specified, the right of use includes the rights of use and exploitation under copyright and ancillary copyright law (license law). The right of use is limited to the use in video or film according to the following conditions.
3.4 If the contractual footage material is integrated into a video or film of the customer in accordance with these GTC, the customer or his customer is free to use and exploit this film, this applies in particular to the right of reproduction and distribution (e.g. use and exploitation on image, sound, image tone or data carriers) and the ancillary rights associated therewith (e.g. broadcasting, performance, presentation/cinema rights, trade fair, call and online law etc.) as well as advertising and multimedia law. The right of integration in video or film also includes the necessary right of editing.
3.5 Sub-licensing and/or passing on of the delivered footage material is not permitted. However, the customer is free to license and/or pass on the film or video produced by the customer, including the footage material. In this case, the customer is obliged to transfer the geographical, factual or temporal restrictions of his right of use to his customer. In particular, the customer is not entitled to resell the footage material itself as footage (raw) material or to use or have it used as a sample or template, e.g. as a sample for designing homepages, as business card templates, for electronic greeting cards, as a sample or template for designing printed matter, as a photo for downloading, etc. The customer shall not be entitled to sell the footage material itself. Furthermore, the footage material may not be used as a trademark, design, corporate design, logo, company logo, etc. or filed for protection without prior separate written agreement. In particular, the footage material may not be used without permission for merchandising purposes (e.g. for the production of printed matter such as clothing, tableware, labels, etc.).
3.6 The customer undertakes not to use or exploit the footage material for illegal or immoral purposes, in particular for purposes that are relevant under criminal law, endanger young people, are anticompetitive or violate personality, or to have it used by his customers for such purposes. The use of the footage material is especially not permitted for pornographic, sexist, libelous, slanderous, degrading, racist, defamatory, discriminatory and/or religiously offensive representations. The use of the footage material for unauthorized advertising and marketing measures, such as spamming, is also prohibited. Should one of the cases mentioned in this paragraph occur, the customer is requested to delete the footage material from the video/film immediately. If we are held responsible or recourse is brought against us in such a context, the customer shall also indemnify us in full for all damages and costs, including attorney and procedural costs.
3.7 Further acts of use or exploitation by the customer are not permitted without prior written consent.
3.8 If the customer uses the footage material with our watermark before ordering (cf. Section 2.6), no rights of use and/or exploitation are transferred in this context. The customer is prohibited from altering or removing the watermark and from using the material for purposes other than temporary layout or acquisition purposes.
3.9 The customer is obliged to prevent unauthorised access to the footage material by his employees, vicarious agents, subcontractors or third parties by suitable measures.
3.10 We are entitled to withdraw from the contract and demand the return of the delivered goods and services without prejudice to any claim for damages in the event of any breach of contract on the part of the customer (including default in payment). The customer may also be obliged to delete the footage material and provide proof of this.
3.11 Insofar as the footage material has been ordered and paid for as a single photo after prior separate agreement, the customer is entitled to use and exploit this photo in accordance with Sections 3.1 - 3.12.
3.12 If the customer becomes aware of any unlawful use of the footage material by his customers, assistants or third parties, he is obliged to inform us about this and, in consultation with us, to take defensive measures insofar as these are reasonable for him.
4. TRANSFER OF RISK
4.1 The risk of accidental loss and accidental deterioration of the contractual footage material shall pass to the customer upon delivery for dispatch by post or a courier at our registered office or upon sending of the download link. If the customer proves that the download failed for reasons beyond the customer's control, the customer will receive an additional delivery free of charge.
4.2 The risk of accidental loss and accidental deterioration of the sold footage material also passes to the customer at the time when he defaults on payment of the total price.
5.1 In principle, any warranty is excluded unless otherwise agreed or explicitly provided for below.
5.2 The customer acknowledges that according to the state of the art it is not possible to completely exclude errors in data under all application conditions. Any functional impairment resulting from hardware defects, ambient conditions, operating errors, etc. shall not be deemed a defect.
5.3 The customer shall examine the delivered footage material immediately, at the latest within two (2) weeks after delivery and give written notice of any defects. This applies in particular to the completeness and functionality of the format. We must be notified immediately by e-mail of any errors which are detected or which could be detected without further ado if the usual care were exercised. Otherwise the subject matter of the contract shall be deemed to have been approved without reservation. An exact description of the error must be enclosed.
5.5 In the case of material defects, we may either remedy the defect by rectification or provide a replacement delivery.
5.6 We may refuse the warranty as long as the customer has not (fully) paid the remuneration owed.
5.7 The customer is obliged to cooperate in the detection and/or elimination of defects, insofar as the cooperation is reasonable for him.
5.8 The warranty period is one (1) year from dispatch of the link for download or, in the case of physical delivery, from handover of the footage material to the transport company. If the footage material is intended for the personal or family use of the customer, the warranty period is two (2) years.
5.9 If an alleged defect cannot be attributed to one of our warranty obligations after appropriate examination, we are entitled to invoice the usual hourly rate for the work performed and reimbursement of expenses.
6.1 Any liability for slight negligence is completely excluded. Furthermore, we are not liable for indirect damages and/or lost profit of the customer or his contractual partners. We shall not be liable for the loss of data and/or programs, databases etc. resulting from the use of the subject matter of the contract, in particular if the damage is due to the customer's failure to carry out virus defence or data backups or the like.
6.2 The limitations of liability do not apply to claims for personal injury attributable to us.
6.3 The limitations of liability also apply to our employees, representatives and vicarious agents.
6.4 Insofar as we provide access to other websites via links, we are not responsible for the contents contained therein. We do not adopt the external contents as our own.
6.5 War, civil war, export restrictions or trade restrictions due to a change in political circumstances as well as strikes, lockouts, operational disruptions, operational restrictions and similar events which render the fulfilment of the contract impossible or unreasonable shall be deemed force majeure and release the contracting parties from fulfilling the contract for the duration of their existence. The contracting parties are obliged to inform each other about this and to adapt their obligations to the changed circumstances in good faith.
7. INSPECTION DUTY OF THE CUSTOMER
7.1 The customer is obliged to inspect the usage and exploitation of the footage material by him and/or his customer (customer of his video/film) for its legality. This applies in particular to consents, approvals, etc., which may be required by the respective utilization and exploitation of the footage material initiated by the customer (e.g. if persons, works of art, architecture, places not publicly accessible, brands, company trademarks, design, etc. are recognizable).
7.2 If the individual footage clip contains the addition "Model Contract", the persons recognizable in the footage clip have agreed to be shown in a film/video by the customer. The customer himself must verify whether any rights of third parties are created or infringed by the material depicted in the footage and by the actual use on the part of the customer. In the event that third parties make direct claims against us, the customer shall indemnify us in full for all damages, including the costs of legal defence.
8. DATA PROTECTION
8.1 We process personal data of our customers and the users of our Internet pages in order to be able to offer and provide our products and services, to process and invoice customer orders and to be able to fulfil legal obligations and assert legal claims. The processing of personal data complies with the provisions of Art. 6 of the EU Data Protection Basic Regulation (2016/679) and Art. 13 of the Swiss Data Protection Act.
8.2 The personal data of our customers or users regularly processed by us include data in the following categories: Data on the use of our Internet pages (see also sections 8.5 and 8.6 below), address and contract data, data on ordering our products and services, contractual data, data on the delivery of our products and the provision of our services, payment information (for example bank transaction information or information on processing credit card payments) and data on interest in our products and services.
8.3 As a rule, we obtain the personal data of our customers and the users of our Internet pages directly from the respective customer or user. This is done in particular by the customer voluntarily providing us with his personal data when opening a customer account on our Internet pages or when placing an order.
8.4 When registering to receive our newsletter, we use the customer's e-mail address for sending our newsletter and for other advertising purposes. You can unsubscribe at any time by sending an e-mail to firstname.lastname@example.org.
8.7 We do not pass on personal data of customers or users to third parties for marketing or advertising purposes. We also do not sell any personal data of our customers or users to third parties. However, we use external natural or legal persons for individual personal data processing activities (for example, for processing credit card payments, for accounting, for sending footage material, etc.). The FSIO may be required by law to disclose personal data, in particular to public authorities.
8.8 FSIO is entitled to process personal data in whole or in part outside Switzerland or to have them processed by external persons called in (see Section 8.7 above) and to transfer the personal data abroad for this purpose. If the personal data are transferred to countries outside the EU, the FSIO will take the necessary data protection measures in accordance with the EU Data Protection Basic Regulation (2016/679) and the Swiss Data Protection Act.
8.9 The duration of the storage of personal data depends on the purpose of processing, the legal requirements and the necessity to assert or defend claims. It is usually 10 years. After the storage period, the personal data will be deleted or destroyed.
8.10 Upon request, the customer or user is entitled to receive information on the personal data processed about him, on the purpose of data processing, on any recipients of the personal data and on any protection taken during transmission abroad. The customer or user is also entitled to a copy of the personal data processed about him as well as to correction, blocking or deletion of such data. In addition, the customer or user can object to the further use of his personal data for the future and revoke his consent for the future. However, any restrictions or omission of data processing or deletion requested by the customer or user may, for example, result in the FSIO being unable to provide a service or process an order.
8.11 If the customer or user has any questions or other concerns regarding data protection, they can contact the BSV management at the following e-mail address: email@example.com. Depending on the applicable data protection law, the customer or user may also contact the Federal Data Protection and Information Commissioner or another data protection authority in the event of complaints about data processing.
9. FINAL PROVISIONS
9.1 Should any provision of these GTC be or become void, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that is as similar as possible in economic terms.
9.2 Amendments and supplements to these GTC shall only be effective if confirmed by us in writing. This also applies to the amendment or cancellation of this written form requirement.
9.3 For all legal relations between the customer and us, even if the customer's registered office is abroad, Swiss law shall apply exclusively, excluding the provisions of the Vienna Sales Convention (CISG) and the provisions of the Federal Act on Private International Law (IPRG).
9.4 Place of jurisdiction is Glarus, Switzerland
Näfels, January 2018
Your bsv-production Team