General terms and conditions
AGB/GDPR
Company Details
Joseph Hubbard Photography
VAT Number: DE453944229
Address: Im Hopfengarten 14, 63628 Bad Soden Salmünster, Germany
Email: customersupport@hubbard.art
Terms and Conditions
The following terms and conditions are written in English and German. Both of which can be downloaded and saved by request.
1. Validity
All deliveries, services, and offers from Joseph Hubbard Photography Address: Im Hopfengarten 14, 63628 Bad Soden Salmünster (hereinafter: Contractor) are made exclusively on the basis of these General Terms and Conditions. Deviating conditions of the customer, which have not been expressly recognized in writing, are non-binding.
2. Offers
Offers are non-binding. Unless otherwise agreed, information in advertising texts is not to be considered as assured properties or guarantees.
3. Return and Refund Policy
Non-custom prints and standard artwork can be returned within 14 days of receipt for a full refund, as per EU consumer law. Custom or personalized prints (e.g., specific sizes, finishes, or signed limited editions) are exempt from statutory withdrawal rights under § 312g Para. 2 BGB, but returns are accepted if faulty or not as described. Faulty items are covered by a 2-year legal guarantee, with repair, replacement, or refund options. Email customersupport@hubbard.art to initiate a return. For full details, including return shipping and refund processes, see hubbard.art/pages/return-and-refund-policy.
4. Terms of Delivery
The delivery time is 14 business days from the receipt of the advance payment unless otherwise specified for the goods.
4.1 Order Confirmation
Limited edition prints (e.g., 30 per design, such as “Canada Goose Takeoff”) are manually confirmed within 1-2 business days to ensure exclusivity. You’ll receive a confirmation email before production begins via Printful. Shipping takes 14 business days post-confirmation.
5. Retention of Title
The goods remain the property of the contractor until they have been paid for in full.
6. Prices, Shipping Costs, and Payment
Unless otherwise agreed, invoices are due for payment within ten days of the invoice date without deduction. In the event of late payment, interest of 8% above the respective base interest rate will be charged. When purchased by a private consumer, this is reduced to 5% above the base interest rate. Further claims remain reserved. The amount of the shipping costs is specified in the online shop. The buyer is only entitled to set off if his counterclaims have been legally established, are undisputed, or have been recognized by the contractor
7. Payment Processing
Payments are processed securely via PayPal, Klarna (‘buy now, pay later’), and Shopify Payments (credit/debit cards, Apple Pay, Google Pay). See checkout for available options. We share payment data with these providers to process orders, per their privacy policies.
8. Rights under the UrhG
Photos are protected under the Copyright Act. Unless expressly agreed otherwise, the buyer only receives copy when purchasing photos. Without prejudice to the limitations of the UrhG, he is not permitted to reproduce, distribute, make publicly available, edit or otherwise exploit the photo, physically or immaterially. When purchasing an image file, he is permitted to reproduce it for his own private use. Further uses require the separate acquisition of rights of use.
9. Notification of Defects and Warranty
Statutory warranty rights apply to all goods from our shop. In the case of justified complaints, repairs or a new delivery will take place, at the option of the contractor in the case of non-consumers. If the repair or new delivery fails twice after a reasonable period of time, the buyer can withdraw from the contract or demand a price reduction.
10. General Limitation of Liability
Claims for damages from the breach of secondary contractual obligations are excluded unless intentional or grossly negligent behavior or a breach of a contractual obligation or the body or health of a person is involved. The same applies if compensation for indirect or consequential damage is required. In these cases, any liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for such cases. The liability according to the ProdHG remains unaffected.
11. Place of Performance, Place of Jurisdiction, Choice of Law
The place of performance and place of jurisdiction is Hanau, insofar as the contractual partner is a merchant or a legal entity under public law. The contractual relationship is subject to German law to the exclusion of the UN Sales Convention.
12. Severability Clause
Should a clause of these conditions be ineffective, the effectiveness of the remaining conditions remains unaffected.
Preamble Information according to Art. 13, 14, and 21 EU General Data Protection Regulation - GDPR.
We hereby inform you about how the processing of your personal data by us, claims, and rights in which you are entitled under data protection regulations. Which data is processed in detail and how it is used depends largely on the services you have requested or agreed with you.
1. Who is responsible for data processing and who can I contact?
Responsible is:
Joseph Hubbard
Im Hopfengarten 14
63628 Bad Soden Salmünster
customersupport@hubbard.art
2. What sources and data do we use?
We process the personal data that we receive from you as part of our business relationship. In addition, to the extent necessary for the provision of our service, we process personal data that we receive from other places (e.g. the facilities in which we take photos, such as schools and daycare centers) permissibly (e.g. to carry out orders, to fulfill contracts or on the basis of one of consent given to you). On the other hand, we process personal data that we have legitimately obtained and are allowed to process from publicly accessible sources (e.g. debtor directories, press, media). Relevant personal data are personal details and contact details (name, address, telephone number, and e-mail address). Personal data will not be sold.
3. What do we process your data for (purpose of processing) and on what legal basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
3.1. To fulfill contractual obligations (Art. 6 Para. 1 lit. b GDPR)
The processing of personal data takes place to provide the service as a photographer/artist (e.g. the associated sale of pictures taken, their electronic transmission, the production of these on photo products, the shipping to customers, in particular to carry out our contracts or pre-contractual measures with you and the execution of your orders). The purposes of data processing are primarily aimed at obligations from the purchase contract that you completed with us, including placing an order in our shop and any other service provided by us. Further details on the purpose of data processing can be found in the respective terms and conditions.
3.2. As part of the balancing of interests (Article 6 (1) (f) GDPR)
If necessary, we process your data beyond the actual fulfillment of the contract to protect our legitimate interests or those of third parties. For: - Advertising or market and opinion research, unless you have objected to the use of your data; Assertion of legal claims and defense in legal disputes; ensuring IT security; Prevention and investigation of criminal offenses; Measures for business management and further development of services and products.
We also collect personal data in the course of our business processes if you send us an inquiry via our contact form. We need this data to process your request. As soon as the request has been processed, we will delete your data.
If we are active at events where our photographic services were used to take pictures, we process the personal data obtained there on the basis of our legitimate interest in carrying out the order placed with us and offering them for sale. Should this be the case, we pointed out the photograph of the people present during the event, as well as a right of objection. Please note that an objection will only take effect in the future. All processing carried out up to that point remains unaffected.
3.3. Based on your consent (Art. 6 Para. 1 lit. a GDPR)
If you have given us your consent to process personal data for specific purposes (e.g. publication or use of images), the legality of this processing is given on the basis of your consent. A given consent can be revoked at any time with effect for the future. Please note that the revocation only applies to the future. Processing that took place before the revocation is not affected.
3.4. Due to legal requirements (Art. 6 Para. 1 lit. c GDPR) or in the public interest (Art. 6 Para. 1 lit. e GDPR)
We also process personal data on the basis of legal requirements. For example, we store invoice data (name, address) on the basis of existing legal provisions, such as the retention requirements arising from the German Commercial Code (HGB) and the Fiscal Code (AO).
4. Who gets my data?
In the course of using the online shop, those departments that need your data to fulfill our contractual and legal obligations will receive it. Processors employed by us (Article 28 GDPR) may also receive data for these purposes. These are companies in the categories Data will only be passed on to recipients outside of Digital Expressions Studio if this is required by law, if you have given your consent, or if we are authorized to provide information. Under these conditions, recipients of personal data e.g. B. be: - Public bodies and institutions (e.g. supervisory authorities) if there is a legal or official obligation. Other data recipients can be those bodies for which you have given us your consent to data transmission or have released your consent.
5. How long will my data be stored?
If necessary, we process and store your personal data to the extent necessary to meet the obligations arising from our contracts. In addition, we are subject to various storage and documentation obligations, which result from the German Commercial Code (HGB) and the Fiscal Code (AO), among other things. The storage and documentation periods specified there are two to ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq.
6. Is data transferred to a third country or to an international organization?
Data will only be transferred to third countries (countries outside the European Economic Area, EEA) if this is necessary for the execution of the contracts concluded with you or is required by law or if you have given us your consent. If required by law, we will inform you separately about the details.
7. What data protection rights do you have?
Every data subject has the right to information under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR and the right to data portability from Art. 20 GDPR. The restrictions according to ßß 34 and 35 BDSG apply to the right to information and the right to deletion. In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR).
8. Am I obligated to provide data?
As part of our business relationship, you only have to provide the personal data that is necessary for the establishment, implementation and termination of a business relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or execute the order, or we will no longer be able to carry out an existing contract and may have to terminate it. Furthermore, in order to provide paid services, it is necessary for us to request additional data, such as processing the payment method you require.
9. Notification of important events
When registering to receive our notification by email and/or SMS, the data you provide will be used exclusively for this purpose. To do this, we log your consent to receiving the notification, including your IP address. Further data is not collected. The data will only be used to send notifications and will only be passed on to third parties for delivery purposes. You can revoke your consent to the processing of your personal data and its use for sending notifications at any time. There is a corresponding link in every notification, and you can object at any time by sending an email to: customersupport@hubbard.art. Please note that the revocation only applies to the future processing,
10. Third Party Features
10.1. cookies
What are cookies?
"Cookies" are text files that are stored on your computer and enable an analysis of your use of the website.
What exactly do cookies do?
The information generated by the cookie about your use of this website is usually transmitted to a server and stored there. Due to the activation of IP anonymization on some websites, your IP address will sometimes be shortened beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Depending on the service provider, such an IP address is stored in abbreviated form.
What is the transmitted data used for?
On behalf of Joseph Hubbard, the third-party provider will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator.
How to turn off cookies?
You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you can if applicable not use all functions of this website in full. Which third-party cookies are used? We use cookies from the following third parties on our website:
Google Analytics (Further information at: https://support.google.com/analytics/answer/6004245?hl=de )
Google Adwords (further information at: https://policies.google.com/privacy?hl=de )
New Relic Inc. (More information at: https://newrelic.com/termsandconditions/privacy )
10.2. Social Media Plugins
Social media plugins (links to social media) from the providers listed below are used on our websites. You can recognize the plugins by the fact that they are marked with the corresponding logo. Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by them. We prevent the unconscious and unwanted collection and transmission of data to the service provider with a 2-click solution. In order to activate a desired social media plugin, it must first be activated by clicking on the corresponding switch. The collection of information and its transmission to the service provider is only triggered by this activation of the plugin. We do not collect any personal data ourselves using the social media plugins or their use. We have no influence on which data an activated plugin collects and how this is used by the provider. It must currently be assumed that a direct connection to the provider's services will be established and at least the IP address and device-related information will be recorded and used. There is also the possibility that the service provider will try to save cookies on the computer used. Which specific data is collected and how it is used can be found in the data protection notices of the respective service provider. Note: If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a specific page.
Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA) (More information at: https://www.facebook.com/policy.php )
Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA) (More information at: https://twitter.com/de/privacy )
Pinterest Europe Ltd. (Palmerston House, 2nd Floor - Fenian Street - Dublin 2, Ireland) (More information at: https://policy.pinterest.com/de/privacy-policy )
WhatsApp Ireland Limited (4 Grand Canal Square - Grand Canal Harbor - Dublin 2) (More information at: https://www.whatsapp.com/legal/?l=de#terms-of-service )
Google Plus/Google Inc. (1600 Amphitheater Parkway - Mountain View - CA 94043 - USA) (More information at https://policies.google.com/privacy?hl=de )
Information about your right to object
according to Art. 21 GDPR
1. General right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 (1) (f) of the GDPR (data processing on the basis of a balance of interests). to insert If you file an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms or the processing serves to assert, exercise or defend legal claims.
2. Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal data in order to carry out direct advertising. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes. The objection must be addressed in writing by e-mail to the following contact person: Joseph Hubbard Email: customersupport@hubbard.art