1. Scope of Application
1.1 These general terms and conditions (hereinafter referred to as the "GTC") apply to the booking of a model on the marketing platform www.choisie.com, as well as applying to all contracts concluded between Digistore24 GmbH, Kalenberger Graben 7, 31134 Hildesheim, Germany (hereinafter referred 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 on www.choisie.com exclusively to entrepreneurs within the meaning 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 and conditions. 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 via the online platform www.choisie.com, in order to compile an individual service package for individual projects, 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 to as the "contract partner" or "model"), which are registered on the platform www.choisie.com. The contract for the purchase of the product of the service is always concluded 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 the customer.
3.2 If an end customer decides to book a specific model, they click on the corresponding button ("book model now", or similar) and are directed to www.digistore24.com to complete the booking process. Payment recipient and accounting office is Digistore24.
3.3 Digistore24 stores the contract text of the booking. The buyer can print it before sending their booking by clicking on "Print" in the last step of the order process.
3.4 Acceptance through Digistore24 takes place by means of a specific declaration of acceptance with respect to the customer by e-mail. Digistore24 is entitled to reject contractual offers without specifying reasons.
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 following methods of payment: PayPal, credit card (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. This shall be payable immediately. The customer shall be in default on payment at least 30 days after the invoice has been issued.
4.3 The fee agreed on for payment is based on the working hours of the model that has been booked — beginning with the arrival of the model on the set and ending with the definitive end of the shoot.
5. Cancellation / Termination
5.1 In general, the booking of a model can only be cancelled for an important reason. Hair styling, styling and make-up is not a guaranteed characteristic.
5.2 If the order is not executed due to circumstances for which the customer is responsible, the following cancellation fees apply:
- 0–24 hours before start → 100% of the total fee
- 25–48 hours before start → 50% of the total fee
- 49–168 hours before start → 30% of the total fee
- 169–336 hours before start → 20% of the total fee
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 agreed fee. A transfer of rights of use (buyout) takes place separately.
6.2 Any further use — such as posters, billboards, packaging, displays, videos — requires explicit written approval from us.
6.3 An agreed annual period starts with the actual use, however at the latest twelve months after the creation of the photos or footage.
6.4 The contractually agreed rights of use are only granted upon full payment of the agreed fee.
6.5 Should photos or footage be created without prior notice and a buyout agreement, a contractual penalty of 300% of the agreed daytime fee plus the usual buyout fee will be immediately payable.
7. Liability
7.1 Digistore24 shall be liable for intent and gross negligence, as well as for damages resulting from loss of life, bodily injury or damage to health.
7.2 In cases of slight negligence, Digistore24 shall only be liable if an essential contractual obligation is violated. If a model does not show 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 reason. Polaroids shall be made to prove the complaint.
7.4 The customer is responsible for hair styling, make-up, and wardrobe. The customer must insure accident and health risks at their own expense and comply with occupational safety regulations of the Federal Republic of Germany.
8. Place of Performance, Jurisdiction & Applicable Law
8.1 The place of performance for all claims is Hildesheim.
8.2 The exclusive place of jurisdiction for all disputes is Hildesheim, provided that the customer is a trader or has no general place of jurisdiction in Germany or another EU member state.
8.3 German law applies with exclusion of the UN convention on contracts for the international sale of goods (CISG).
8.4 Counterclaims can only be offset if they are beyond dispute, a legally binding title is present, or the counterclaim is in a synallagmatic relationship with the affected claim.
8.5 Should individual provisions become invalid, the validity of the remaining terms shall not be affected.
8.6 The customer is not entitled to assign claims from the contractual relationship to third parties without our consent.