Terms and Conditions

These Terms and Conditions govern the sale of vouchers via the website www.beautyshots-hamburg.de. The photo sessions themselves are not carried out by BEAUTYSHOTS Hamburg, but by a legally independent partner studio in Hamburg (see § 2 (5)).

Controlling language. The legally binding version of these Terms and Conditions is the German text published at www.beautyshots-hamburg.de/agb/. This English text is provided for the convenience of non-German-speaking customers; in case of any conflict between the two language versions, the German text governs.

§ 1 Scope, contracting party, applicable law

(1) These Terms apply to all contracts for the sale of vouchers concluded between

BEAUTYSHOTS Hamburg
Beerenweg 1E
22761 Hamburg-Altona
Germany
Email: hamburg@beauty-shots.de
Phone: +49 40 18 00 88 0

(the "Seller") and consumers or business customers (the "Customer") via the online shop at www.beautyshots-hamburg.de and any associated subdomains. The Customer's deviating terms do not become part of the contract unless the Seller has expressly agreed to them in text form. Individually negotiated agreements always take precedence.

(2) The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (Art. 6(2) Rome I Regulation).

(3) The contract language is German. This English version is provided for information; in case of any conflict, the German version published at /agb/ governs.

(4) The place of performance for all obligations arising from the contractual relationship is Hamburg. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, or if the Customer's domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction is Hamburg. The Seller is additionally entitled to bring proceedings against the Customer at the Customer's general place of jurisdiction.

(5) Digital vouchers (PDF) are delivered worldwide by email. Any delivery of physical items — to the extent offered at all — is made to countries within the European Union and the European Economic Area.

§ 2 Subject matter and conclusion of the contract

(1) The subject matter of the contract is the sale of value vouchers and of vouchers for specific photo session types redeemable at a partner studio in Hamburg (see § 2 (5)). The Seller does not itself operate a photo studio and does not itself carry out photo sessions.

(2) The presentation of vouchers in the online shop does not constitute a legally binding offer; it is an invitation to the Customer to submit an offer (invitatio ad offerendum). After selecting a voucher, the Customer is redirected to the payment page of the payment service provider Stripe Payments Europe Ltd. There, the Customer enters their contact and payment details and completes the order by clicking the final order button. Immediately adjacent to that button, an explicit notice states that the click places a binding paid order within the meaning of § 312j(3) BGB. With this click, the Customer submits a binding offer to conclude a sales contract.

(3) The contract is formed once the Seller confirms receipt of the order to the Customer in text form (typically by email). The order confirmation email contains the voucher code, a PDF copy of the voucher, these Terms and Conditions, and the Right-of-Withdrawal notice including the model withdrawal form. This email also satisfies the Seller's duty to confirm the contract under § 312f of the German Civil Code (BGB).

(4) The Seller stores the contract text and provides it to the Customer in text form together with the order confirmation. The current version of these Terms and Conditions and of the Right-of-Withdrawal notice can be viewed and saved at any time at /en/terms/ and /en/right-of-withdrawal/. There is no separate online retrieval area for the Customer's individual order data after contract conclusion; the order confirmation email serves as a durable medium within the meaning of § 126b BGB.

(5) Separation of voucher purchase and photo session. The voucher purchase establishes a contractual relationship solely between the Customer and the Seller. The booking of a specific photo appointment and the performance of the photo session itself are based on a separate contract between the voucher holder and the partner studio in Hamburg, governed by the partner studio's own terms and conditions, which are made available to the voucher holder during the appointment booking process. The Seller is not a party to that service contract and is not liable for its performance — in particular, not for the photographic service, image selection, image editing, or the partner studio's adherence to appointment dates.

§ 3 Prices, VAT, payment, voucher types

(1) All prices stated in the online shop are total prices and include any applicable value-added tax (VAT). Because vouchers are delivered exclusively in digital form by email, no shipping or packaging costs apply.

(2) Payment is processed via the Stripe Payments Europe Ltd. payment page. Depending on the Customer's country, available payment methods include credit card (Visa, Mastercard, American Express), PayPal, Klarna (instant payment, pay later, instalments — where Klarna approves), SEPA direct debit, and Apple Pay and Google Pay. The final selection appears on the Stripe payment page. Payment on account or classic prepayment by bank transfer outside Stripe is not offered.

(3) The purchase price is due immediately upon contract conclusion. In the event of late payment, the Customer owes statutory default interest (§§ 286, 288 BGB) and any further damages caused by default.

(4) On request, the Seller issues an invoice in text form.

(5) Voucher types. Value vouchers denominated in a fixed monetary amount (e.g. €25, €50, €100, €200, €500) are multi-purpose vouchers within the meaning of § 3(15) of the German VAT Act (UStG). Vouchers tied to a specific photo session type (e.g. a "Beauty photo session" at a fixed price of €79) are generally single-purpose vouchers within the meaning of § 3(14) UStG. The applicable VAT treatment is shown on the invoice.

(6) Voucher validity. Vouchers are valid for three years from issue. The limitation period for the redemption claim begins at the end of the calendar year of issue (§§ 195, 199(1) BGB). Cash payout of the voucher value is excluded, as is reimbursement of any residual value after partial redemption.

§ 4 Provision of the voucher

(1) The voucher is delivered to the email address provided during checkout as a PDF immediately after successful payment. If delivery is delayed for technical reasons, the Seller will notify the Customer without undue delay.

(2) For gift orders, the Customer can forward the PDF voucher to the recipient. The recipient redeems the voucher via the dedicated redemption page.

§ 5 Retention of title

Where, in addition to digital vouchers, physical items (e.g. printed gift cards) are sold, those items remain the property of the Seller until full payment has been received. For purely digital vouchers prepaid via Stripe, this clause has no practical effect.

§ 6 Right of retention

The Customer may exercise a right of retention only to the extent that their counterclaim is based on the same contractual relationship.

§ 7 Liability for defects

(1) The Customer's statutory rights in the case of defects apply. For digital products — including the PDF voucher delivered by email — liability for defects is additionally governed by §§ 327i et seq. BGB.

(2) If both contracting parties are merchants, §§ 377 et seq. of the German Commercial Code (HGB) apply in addition.

(3) Where a defect exists and is reported in due time, the Seller is entitled to remedy the defect (Nacherfüllung). If such remedy fails, the Customer is entitled to reduce the purchase price or rescind the contract. Statutory provisions otherwise apply.

§ 8 Liability

(1) The Seller has unlimited liability for damage arising from injury to life, body, or health; for damage caused by intent or gross negligence; for damage covered by an assumed quality or durability guarantee; and under the German Product Liability Act (ProdHaftG).

(2) For slightly negligent breach of essential contractual duties (cardinal duties) — i.e. duties whose performance is essential to the proper execution of the contract and on whose observance the Customer regularly relies — liability is limited in amount to the damage typically foreseeable for contracts of this kind.

(3) Any liability of the Seller for slightly negligent breach beyond the foregoing is excluded.

(4) The above limitations of liability also benefit the Seller's vicarious agents, statutory representatives, and employees.

(5) For the avoidance of doubt: the Seller is not liable for the performance of the photo session by the partner studio (see § 2 (5)); that contractual relationship exists solely between the voucher holder and the partner studio.

§ 9 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal when purchasing a voucher. The details — in particular the withdrawal period, the form of the withdrawal declaration, and the consequences of withdrawal — are set out in the separate Right-of-Withdrawal notice, available at all times at /en/right-of-withdrawal/ and attached to the order confirmation.

Consumers may also exercise their right of withdrawal via our electronic withdrawal function at /en/withdrawal/ (§ 356a BGB; statutorily mandatory from 19 June 2026, already provided by us today).

§ 10 Final provisions

(1) Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected; the invalid provision is replaced by the corresponding statutory rule (§ 306 BGB).

(2) Consumer dispute resolution. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Effective: April 2026