Terms of Service.

Effective Date: 04.07.2025
Company Name: The Photo Bear
Legal Address: Zirbelkopfstraße 3, 82467 Garmisch-Partenkirchen, Germany
Email: alexandra.burt@thephotobear.de
Phone: +49 151 51117498
Represented by: Alexandra Burt

Scope

These Terms of Service ("Terms") govern your access to and use of our website, services, and products offered via www.thephotobear.de (the "Website"), operated by The Photo Bear ("we", "us", or "our"). By using our Website, you agree to be bound by these Terms.

These Terms apply in conjunction with our Privacy Policy and comply with applicable German and EU laws, including the German Civil Code (BGB) and General Data Protection Regulation (GDPR).

Services

We offer professional photography services and the sale of photographic prints and related products. Our services (“Services“) include:

  • Online ordering of art prints

  • Customer specific photography services from concept to completion, incl.

    • consultation & concept development

    • creative design & planning

    • professional photoshoot (digital/ analog format)

    • post-production

  • Creative guidance/ consulting

  • Customer support

We reserve the right to modify, suspend, or discontinue any part of our Services or Website content at our sole discretion and without notice.

Order Acceptance and Limitations

All orders placed through our Website are subject to our acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including after the order has been confirmed.

We may, at any time and without prior notice, limit or cancel quantities purchased per customer, per household, or per order. These limitations may apply to orders placed using the same customer account, payment method, or billing and/or shipping address.

In particular, we reserve the right to refuse orders that, in our judgment, appear to be placed by resellers or for unauthorised commercial use.

If your order is changed or canceled, we will attempt to notify you via the contact information provided at the time the order was submitted.

Custom-made or personalised printed photo products (such as photo prints prepared according to your individual specifications) are generally excluded from cancellation once production has begun, unless otherwise required by law.

Conclusion of Contract

Orders for art prints are placed via our Website. By submitting an order, you are making a legally binding offer to conclude a purchase contract. A contract is concluded once you receive our order confirmation by email. The contract (in this case, the order confirmation) is available in English. We store the contract details.

Enquiries for customer specific photography services or creative guidance/ consulting services can placed via email or our contact form (https://www.thephotobear.de/about).

Pricing and Payment

All prices are not inclusive of VAT (not applicable for our business) and shown in EUR (€). We reserve the right to change the prices of our products and services at any time without prior notice.

Shipping costs are calculated separately and displayed before the order is finalised.

Import duties, taxes, or other fees may apply for international deliveries and are not included in the final price. These costs are the responsibility of the customer and may be charged by the local customs authority upon delivery.

We accept the following payment methods:

  • Credit Card

  • Apple Pay

  • Klarna (where available)

Delivery and Shipping

Unless otherwise stated in the product description or during checkout, deliveries are made within the following timeframes:

  • Within Germany: approx. 3–7 business days after order confirmation (or payment receipt, if prepayment applies).

  • Within the EU: approx. 5–10 business days

  • Outside the EU / International: delivery times vary depending on destination, customs clearance, and shipping provider, typically between 10–21 business days.

Please note that delivery times may vary during peak periods (e.g. holidays) or due to external factors such as customs processing or transport delays. We will inform you promptly in case of significant delays.

The customer bears the shipping costs unless free shipping is explicitly offered.

Right of Withdrawal

Consumers within the EU have a 14-day right of withdrawal as provided by law. In this case you will receive a full refund.

No withdrawal is possible for custom-made or personalised printed photo products.

Standard option return postal delivery charges will be refunded for damaged & defective or incorrect orders exclusively.

Customer Responsibilities

Our Services are intended for individuals who are at least 18 years old or have reached the age of majority in their country of residence. By using this website, you confirm that you meet this requirement.

By using this website and/ or employing our Services you furthermore agree:

  • to provide current, complete and accurate purchase and contact information at all times during the use of our Website

  • not to reproduce, duplicate, copy, process, sell, resell, distribute or exploit any portion of our Services without express written consent by us

  • not to use our products or Services for any unlawful or unauthorised purpose. This includes, but is not limited to, violating any applicable local, national, or international laws, regulations, or third-party rights.

You must not transmit any worms, viruses, or any code of a destructive nature.

We reserve the right to suspend or terminate your access to our Services if you violate these terms or any applicable law.

Intellectual Property

All images, text, graphics, and other content on the Website are the intellectual property of The Photo Bear. Unauthorised use is prohibited.

Limitation of Liability

We are liable only for intent and gross negligence. For ordinary negligence, we are only liable for damages arising from the breach of an essential contractual obligation, and limited to the foreseeable, typical damage.

This limitation does not apply in case of injury to life, body, or health or under the Product Liability Act (ProdHaftG).

Data Protection

We process your data in accordance with the General Data Protection Regulation (GDPR) and the Telecommunications-Telemedia Data Protection Act (TTDSG). For full details, please refer to our Privacy Policy: https://www.thephotobear.de/privacy-policy

You acknowledge and agree that your content (excluding credit card information) may be transmitted over various networks without encryption and may be subject to changes necessary to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks to ensure its security.

Final Provisions

If individual provisions of these Terms are or become invalid, the validity of the remaining provisions shall remain unaffected.

The contractual language is English.
German law applies to all contracts. The place of jurisdiction is our business location, provided the user is a merchant, legal entity under public law, or does not reside in the EU.