General Terms and Conditions (GTC)

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all business relationships between lameeq GmbH, Gottorpstr. 37, D-22605 Hamburg (hereinafter "we" or "lameeq GmbH") and our customers.
1.2 Any deviating, conflicting or supplementary terms and conditions of the customer will not become part of the contract unless we expressly agree to their validity in writing.

2. Conclusion of contract

2.1 The presentation of our services on the website does not constitute a binding offer, but an invitation to the customer to place an order.
2.2 A contract is only concluded when we confirm the order in text form (e.g. e-mail) or when we carry out the ordered service.

3. Services

3.1 lameeq GmbH offers services in the field of photography, in particular in the field of product, architecture, food and corporate photography. The exact scope of services results from the respective agreements with the customer.
3.2 Dates and service periods are agreed individually with the customer.

4. Remuneration and payment terms

4.1 The prices of our services are based on the respective agreement and, unless otherwise stated, are net prices plus statutory sales tax.
4.2 Unless otherwise agreed, invoices are due for payment within 14 days of invoicing without deduction.
4.3 In the event of late payment, we reserve the right to charge default interest at the statutory rate and to withhold further services until payment is made.

5. Rights of use and copyright

5.1 lameeq GmbH remains the owner of the copyright to the photos created.
5.2 The customer is granted the agreed usage rights to the photos. Any use beyond this requires the prior written consent of lameeq GmbH.
5.3 Any processing, reproduction or distribution of the photos that goes beyond the purpose of the contract is prohibited unless express permission has been granted.

6. Liability

6.1 lameeq GmbH is only liable for damages that were caused intentionally or through gross negligence. We are only liable for simple negligence if essential contractual obligations are violated and up to the amount of the typically foreseeable damage.
6.2 Any further liability is excluded. Statutory liability for personal injury and under the Product Liability Act remains unaffected.

7. Cancellation and withdrawal

7.1 If an order or contract is cancelled by the customer, lameeq GmbH reserves the right to claim appropriate compensation.
7.2 In the event of force majeure or other unforeseeable events that make the provision of the services significantly more difficult or impossible, we are entitled to postpone the service accordingly or to withdraw from the contract.

8. Data Protection

lameeq GmbH processes the customer's personal data exclusively within the framework of the statutory provisions. Further information can be found in our privacy policy.

9. Affiliate Program

9.1 Participation in the affiliate program is voluntary. Registration as an affiliate takes place via the affiliate portal of lameeq GmbH (https://affiliate.lameeq.com/signup.php). There is no entitlement to participate; we reserve the right to reject applications without stating reasons.
Eligible to participate are: natural persons aged 18 years or older.
Registration takes place via the provided affiliate portal.
By registering, the affiliate accepts these terms and conditions.

9.2 Affiliates promote our products through individual tracking links and/or advertising materials with personalized QR codes. A commission will only be credited if the order of a referred customer can be technically assigned to the affiliate through the tracking system.

9.3 Unless otherwise expressly agreed in writing, affiliates receive a lifetime commission of 20% of the paid net merchandise value (excluding VAT and shipping costs) for customers referred by them. “Lifetime” means for the duration of the business relationship between the referred customer and lameeq GmbH.

9.4 A commission only arises once (a) the order has been paid in full and (b) the statutory withdrawal period has expired and no reversal transaction (withdrawal, cancellation, return, chargeback, payment default) has occurred. If an order is reversed in whole or in part, the commission will be reduced accordingly or forfeited entirely; commissions already paid may be offset against future commission claims.

9.5 Payments are made on the first calendar day of each month, but no earlier than 30 days after full receipt of payment for the commissionable order, and only if the minimum payout amount of EUR 50.00 has been reached. If the minimum payout amount is not reached, the balance will be carried forward to the following month.

9.6 Payment is made to the payment details stored by the affiliate in the affiliate portal. The affiliate is obligated to keep their information (in particular name/company, address, payment details, and tax information) up to date.

9.7 VAT will only be additionally shown and paid out with the commission if the affiliate has provided a valid VAT identification number (VAT ID) and the requirements under VAT law are fulfilled. Otherwise, payment will be made as a net amount without VAT. The affiliate is solely responsible for the proper taxation of their income.

9.8 The following are prohibited in particular: misleading advertising, unsolicited email advertising (spam), keyword advertising/brand bidding on the trademark “lameeq” or confusingly similar terms, pretending to be affiliated with the company, false pricing/healing claims, cookie dropping, and any other manipulation of the tracking system. In the event of violations, we reserve the right to cancel commissions, withhold payouts, and exclude the affiliate from the program without notice.

9.9 We may modify or discontinue the affiliate program and commission conditions at any time with effect for the future. Commission claims that have already arisen and are due remain unaffected, unless there is a valid reason for cancellation (e.g., fraud/manipulation).

9.10 The affiliate may terminate participation at any time; lameeq GmbH may terminate participation without notice for good cause or ordinarily with an appropriate notice period. Upon termination, commission claims that have already arisen remain valid, subject to Sections 9.4 and 9.8.

9.11 Disclosure Requirement
Advertising content must be clearly identified as advertising. This applies in particular to: Instagram, TikTok, YouTube, Pinterest, blogs, newsletters, and podcasts.
The affiliate is solely responsible for compliance with: the German Unfair Competition Act (UWG), the Digital Services Act, platform-specific rules, and international advertising guidelines.

9.12 Prohibited Statements
The affiliate may in particular not make: medical healing claims, misleading statements, scientifically unsubstantiated efficacy claims, guaranteed results, or disease-related statements regarding lameeq products.
Statements such as: “cures acne,” “replaces Botox,” “medically guaranteed,” or “clinically proven” are particularly prohibited unless explicit written approval has been granted.

9.13 Trademark Rights
All trademark, image, and usage rights remain with lameeq.
Affiliates may use trademark materials exclusively within the scope of the affiliate program.
In particular, the following are not permitted: use of the trademark “lameeq” in domains, social media names, paid search advertisements, app names, or misleading profiles without prior written consent.

10. Final Provisions

10.1 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of jurisdiction is Hamburg, provided the customer is a merchant or has no general place of jurisdiction in Germany.
10.3 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.