General Terms and Conditions

for Apparel Photography and Visual E-Commerce Services in the B2B Sector

Kan7 Werbeagentur

Owner: Kan Yao

Am Mittelfelde 59d

30519 Hannover

Germany

Version: July 2026

1. Scope

These General Terms and Conditions apply to contracts concerning apparel photography, Ghost Mannequin photography, 360° product views, Model Presentation, image editing and related visual services between Kan7 Werbeagentur, hereinafter “Kan7”, and its customers.

They apply exclusively to business customers acting in the course of their commercial or independent professional activities, legal entities under public law and special funds under public law.

They do not apply to consumers, wedding photography, private events or other services commissioned mainly for private purposes. Separate agreements apply to such services.

Individual agreements in quotations, order confirmations or other express arrangements take precedence over these Terms and Conditions.

Any conflicting terms of the customer apply only if Kan7 has expressly accepted them in text form.

2. Quotations and Contract Formation

Quotations from Kan7 are non-binding unless expressly designated as binding.

A contract is concluded when the customer accepts a quotation, Kan7 confirms the order in text form or Kan7 begins the agreed work.

Before conclusion of the contract, the customer must provide all information relevant to production, including:

product type and quantity,
required views and angles,
article numbers and product assignment,
required file size and format,
background and presentation style,
intended use,
preferred completion date,
special photography or editing requirements.

Changes and additions should be agreed in text form.

These Terms become part of the contract where the customer was informed of their application before conclusion of the contract, had a reasonable opportunity to review them and agreed to their application.

3. Scope of Services

The scope of the service is determined by the quotation, order confirmation and expressly agreed requirements.

Unless otherwise agreed, apparel photography includes photography and professional editing of the selected apparel images.

Additional views, repeat photography, special clipping paths, transparent backgrounds, additional formats or extended retouching may be charged separately if not included in the original agreement.

Kan7 may use suitable technical tools, software and subcontractors. Kan7 remains responsible to the customer for proper performance of the agreed services.

4. Customer Cooperation and Third-Party Rights

The customer must provide all products, product lists, reference images, information and instructions completely and on time.

Products must be clearly identifiable through article numbers or a product list.

The customer is responsible for ensuring that products, logos, trademarks, reference images, texts, designs and other materials supplied to Kan7 may be lawfully used and do not infringe third-party rights.

Where supplied material infringes third-party rights, the customer shall indemnify Kan7 against justified third-party claims and the necessary and reasonable costs of legal defence, insofar as the customer is responsible for the infringement.

Kan7 will inform the customer promptly of any claim and will not acknowledge claims or conclude settlements without the customer’s consent where this is reasonably possible.

The indemnity does not apply where the infringement was caused by Kan7’s independent editing, use or breach of duty.

Additional work or delays caused by incomplete, incorrect or subsequently changed instructions may lead to additional costs and an adjusted schedule.

5. Shipment, Inspection and Custody of Products

The customer must package the products appropriately and bears the cost of shipping them to Kan7.

Kan7 checks incoming shipments within normal business operations for obvious transport damage, missing products and identifiable assignment problems.

Kan7 does not owe a technical, quality-control, commercial or legal inspection of the products.

During the period in which the products are in Kan7’s custody, Kan7 will handle and store them with reasonable and industry-standard care.

Liability for loss or damage while the products are in Kan7’s custody is governed by Section 18.

Before shipment, the customer must inform Kan7 in text form if individual products:

have an exceptionally high value,
are irreplaceable or difficult to replace,
are unique pieces or limited samples,
require special storage or handling.

The parties will then agree before shipment whether special protective measures, separate insurance or different conditions are required.

6. Sample Approval for New Customers

For new customers, Kan7 agrees the required views, angles and presentation style before full production.

Where agreed or appropriate, Kan7 first photographs one representative product and sends a sample result for approval.

After approval, the remaining products are photographed according to the confirmed standard.

Changes made after approval may result in additional charges for completed work and required repeat photography.

Approval may be given by email or in another text form.

Delayed approval may extend the production schedule.

7. Production Times

For normal order volumes, photography is usually completed within two to three working days after receipt of the products and final clarification of the order.

This is a usual planning estimate and not a guaranteed deadline unless a binding date has expressly been agreed.

Image-editing time depends on quantity, number of views, product complexity, required retouching, file specifications and current workload.

Large or particularly complex orders are scheduled individually.

Delays caused by the customer’s late cooperation, changed instructions, missing information or late approval extend agreed deadlines appropriately.

8. Return of Products

Products are normally returned after photography has been completed, without waiting for the entire image-editing process.

The customer bears the return shipping costs.

The customer may provide a suitable prepaid return label.

Alternatively, Kan7 may arrange the return shipment and add the actual shipping and packaging costs to the invoice.

Unless a particular shipping method has been agreed, Kan7 selects a usual and appropriate method.

Transport risk and liability are governed by applicable law.

Kan7 will provide reasonable assistance in documenting visible transport damage and asserting claims against the shipping provider.

9. Image Editing, Preview and Review

After photography, the selected images are edited according to the agreed scope.

The customer receives a folder overview or low-resolution preview thumbnails after editing.

The preview is intended to check:

completeness,
correct assignment of products and article numbers,
agreed views,
obvious editing errors.

Preview images may not be published, distributed, reproduced or used commercially.

Clear editing errors or deviations from the approved production standard will be corrected as part of subsequent performance.

New creative requests, changed angles, additional views or requirements not included in the confirmed order may be charged separately.

10. Prices and Additional Costs

Unless expressly stated otherwise, all B2B prices are net prices plus statutory VAT.

Shipping, packaging and other expressly agreed incidental costs are charged separately.

The price stated in the quotation or order confirmation applies.

Where the workload increases substantially due to later changes, additional requirements, incomplete information or unsuitable product preparation, Kan7 will inform the customer and agree how to proceed.

Any additional remuneration should be agreed before the additional service is carried out.

11. Invoice and Payment

New customers receive an invoice after image editing and delivery of the preview thumbnails or folder overview.

Invoices are payable within seven calendar days of the invoice date without deduction unless another payment period has been agreed in text form.

Final high-resolution files are released to new customers after full payment has been received.

Individually agreed payment and delivery terms may apply to existing customers.

Statutory provisions apply in the event of late payment, including statutory interest, the statutory late-payment lump sum and other legally recoverable losses.

Set-off is permitted only where the counterclaim is undisputed, legally established or ready for judgment.

Statutory rights of retention remain unaffected.

12. File Formats and Working Files

Unless otherwise agreed, final files are delivered as edited JPG files in RGB colour mode.

Image size, aspect ratio, resolution and file naming are determined by the agreement.

PNG files, transparent backgrounds, special colour profiles and other specifications must be agreed before production.

RAW files, unedited source files, intermediate files and layered PSD working files are not part of the standard delivery.

Delivery of working files requires a separate agreement and may be charged additionally.

13. Usage Rights

After full payment, the customer receives a non-exclusive, territorially and temporally unlimited right to use the delivered images for its own commercial product presentation and product marketing.

Permitted use includes:

websites and webshops,
online marketplaces,
product catalogues and sales materials,
social media,
online and print advertising,
public relations,
trade fairs and presentations.

The customer may provide the images to affiliated companies, distributors, retailers, agencies, platform operators and service providers solely for marketing and selling the customer’s depicted products.

Without separate agreement, the customer may not:

sell the images as independent products,
submit them to image libraries or stock-photo portals,
license them to unrelated third parties,
use them to advertise unrelated products,
distribute them for independent commercial exploitation.

Normal resizing, cropping and integration of text, logos or prices are permitted, provided the image is not distorted, misleadingly altered or used unlawfully.

Exclusive or extended usage rights require a separate agreement.

14. Kan7 Self-Promotion

Kan7 will not use customer images for its own advertising without the customer’s prior express consent.

Any consent may cover:

the Kan7 website,
public portfolios,
LinkedIn and other social networks,
trade fairs,
presentations,
individual non-public customer presentations.

The scope and type of use will be agreed individually.

Consent applies only within the agreed scope.

15. AI-Assisted Services and Model Presentation

AI-assisted processes may be used for Model Presentation and comparable services to create realistic model images or short motion clips based on real product photographs.

Despite careful selection and manual review, minor differences may occur in:

shape and cut,
colour,
material texture,
seams and straps,
patterns,
accessories,
small product details.

Kan7 does not guarantee technically or mathematically identical reproduction of every product detail unless this has expressly been agreed in text form.

The customer may review the selected results before final delivery.

The customer must check the suitability of the results for the intended use before publication.

Digital Product Creation and comparable development services are performed on a project-specific basis.

The customer is responsible for checking before publication whether the intended advertising, sales or communication use complies with applicable competition, labelling, consumer-protection and other legal requirements.

Kan7 does not provide legal advice or review the customer’s planned advertising statements, publication formats or sales channels.

Where statutory transparency or labelling duties apply to AI-generated or AI-manipulated content, the parties will coordinate the information and labelling required for the service.

Kan7’s liability for its own breaches of duty is governed by Section 18.

16. File Storage

Kan7 retains final images and relevant project files for at least six months after final delivery.

After this period, files may be transferred to external or offline storage or deleted.

Permanent availability or later recovery is not owed.

The customer must download and securely archive the delivered files promptly.

Later restoration or renewed delivery may be charged according to the work involved where it remains possible.

17. Defects and Subsequent Performance

The customer must review the delivered files promptly for completeness and identifiable defects.

Where legally applicable to merchants, the inspection and notification duties under Section 377 of the German Commercial Code remain applicable.

In the event of a justified defect, Kan7 has the initial right to subsequent performance.

Kan7 may correct the defect, provide the file again or, where necessary and reasonable, repeat the photography.

If subsequent performance fails or is unreasonable, the customer retains its statutory rights.

Differences based solely on taste or subsequent change requests are not defects where the service complies with the approved production standard.

18. Liability

Kan7 is liable without limitation for:

intent and gross negligence,
injury to life, body or health,
liability under the German Product Liability Act,
expressly assumed guarantees,
other mandatory statutory cases.

In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to foreseeable damage typical of the contract.

Essential obligations are obligations whose performance makes proper execution of the contract possible and on which the customer may normally rely.

In all other cases, liability for slight negligence is excluded to the extent permitted by law.

The limitations also apply to Kan7’s representatives, employees and agents.

Kan7 is liable for delays, data loss or damage caused by incorrect information, unsuitable packaging, missing cooperation or defective customer-supplied files only in accordance with the above provisions.

No additional fixed monetary liability cap is agreed.

19. Changes, Cancellation and Project Termination

The customer may request changes, interruption or termination before full completion.

Work actually performed and documented third-party, packaging and shipping costs incurred up to that point will be invoiced.

No additional contractual penalty or standard cancellation fee is charged unless separately agreed.

Kan7 will, where possible, agree the further procedure with the customer.

Statutory termination, withdrawal and damages rights remain unaffected.

20. Force Majeure

Events beyond a party’s reasonable control extend agreed performance periods appropriately.

The affected party will inform the other party, where possible, of the disruption and expected duration.

Mandatory statutory termination rights remain unaffected.

21. Confidentiality

Kan7 treats non-public business, product and project information of the customer confidentially.

The customer must treat non-public production processes, calculations, technical concepts and business documents of Kan7 confidentially.

The confidentiality obligation does not apply to information that is public, lawfully obtained from third parties or must be disclosed under law or official or judicial order.

22. Data Protection

Personal data is processed in accordance with applicable data-protection law.

Further information is provided in the Kan7 Privacy Policy.

Before processing personal data, the parties will determine their respective data-protection roles for the specific project.

Where Kan7 processes personal data exclusively on behalf of and according to documented instructions from the customer and the processing therefore constitutes processing on behalf of a controller under Article 28 GDPR, the parties will conclude a separate data-processing agreement before the relevant processing begins.

Where the parties each determine their own purposes and means of processing, they act within their respective data-protection responsibilities.

The customer must ensure that personal data and images supplied to Kan7 were lawfully collected and may be used for the agreed processing.

23. Applicable Law and Jurisdiction

German law applies.

The place of jurisdiction is Hannover to the extent legally permissible.

Mandatory statutory jurisdiction rules remain unaffected.

24. Final Provisions

Changes and additions to individual contractual agreements should be made in text form. The priority of individually negotiated agreements remains unaffected.

If an individual provision is or becomes invalid, the remaining provisions remain effective.

The statutory provisions apply in place of an invalid provision.

Applicable Version

This English translation is provided for information only.

In the event of any discrepancy or difference in interpretation, the German version shall prevail.