1. Formation of the Contract
By placing an order, you are making a binding offer to us to enter into a contract with you. We may accept this offer by sending you an order confirmation via email or by delivering the ordered goods. You will first receive a confirmation of receipt of your order via email to the email address you provided (order confirmation). However, a purchase contract is not concluded until we send you our order confirmation via email or until the ordered goods are delivered.
a) When ordering through our online shop (download tickets), the ordering process consists of a total of 3 steps. In the first step, you select the desired goods and are immediately redirected to the page of our payment processor, PayPal. In the second step, you will see the selected items in your shopping cart. If you wish to make changes to the items in your shopping cart, you can return to the online shop by clicking the “Back” button. In the third step, you enter the customer information required for payment. At the same time, you select your preferred payment method and complete the payment.
b) When placing an order through our online store (digital products from our photo database), the ordering process consists of 3 steps. In the first step, you select the desired items, which are then displayed in the shopping cart in the second step. In the shopping cart, you can delete items using the “Quantity” and “Update” functions. In the third step, you enter your customer information, including your billing address and, if applicable, a different shipping address. At the same time, you select your preferred payment method in this step. Here, you have the opportunity to review the information entered (e.g., name, address, payment method) and correct it if necessary before submitting your order to us by clicking “Submit Order for Payment.”
2. Storage of the Contract Text
We store the contract text for your order. You can print this out before submitting your order to us. We will also send you an order confirmation and a confirmation of the order details, including all order information and our Terms and Conditions, to the email address you provided.
3. Retention of Title
The delivered goods remain our property until all claims have been paid in full.
4. Prices, Right of Withdrawal
All prices are final and include the applicable sales tax. The minimum order amount is €0.99. Delivery is made via email or through a direct download initiated by you.
Our product range consists solely of downloadable products or digital content that is not delivered on a physical medium.
A right of withdrawal is excluded, as delivery of the digital content begins upon payment. You have expressly acknowledged and agreed to this during the ordering process.
5. Shipping Terms
Unless otherwise specified in the offer, shipping begins immediately upon payment via PayPal.
6. Payment Terms
Payment is always due in advance. We reserve the right to exclude certain payment methods. If you choose the prepayment option, payment is made directly by you after we have provided you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Warranty
The warranty is governed by the provisions of applicable law.
8. AI-powered image colorization (black-and-white conversion)
a) Our archive offers, among other things, imagery based on historical or contemporary black-and-white original photographs that has been subsequently color-processed (colorized) using artificial intelligence (AI). Such images are clearly marked in the image database or in the metadata as “AI-colorized,” “AI-generated,” or with a comparable indication.
b) The client expressly acknowledges that the coloring generated by the AI is the result of a mathematical algorithm. The colors represent a purely technological interpretation and do not reflect a verified historical reality. The agency assumes no warranty or liability regarding the historical authenticity, color accuracy, or fidelity of detail of the colorization.
c) To the extent permitted by law (particularly under the EU AI Act), the Customer, as the licensee, is obliged to retain unchanged any existing markings indicating AI-assisted processing—whether in image files, metadata (e.g., IPTC), or copyright notices—during any publication, reproduction, or dissemination, and, where applicable, to display legally required transparency notices for end-users in a clearly visible manner.
d) The customer shall indemnify our archive against all third-party claims (including fines imposed by supervisory authorities) arising from the customer’s failure to comply with statutory labeling and transparency obligations regarding the use of the AI-colorized imagery.
9. Use of images subject to trademark rights for non-editorial purposes
The acquisition of imagery includes solely the usage rights within the agreed scope (specifically, editorial use). Any use outside this scope—particularly for commercial advertising, marketing, product packaging, or other business activities that may infringe upon the trademark, identification, or copyright rights of third parties—requires the customer to obtain the necessary clearances or licenses independently.
Our archive assumes no liability for ensuring that the imagery is free from trademark rights or other third-party rights regarding commercial or promotional use. The customer acts at their own risk in this regard and agrees to indemnify and hold the provider harmless against all claims, demands for damages, and legal costs arising from any third-party claims based on trademark or copyright infringement.
10. Privacy Policy
See the separate privacy policy here
11. Links to Other Websites
Our website contains links to external third-party websites over whose content we have no control. Therefore, we cannot assume any liability for this third-party content. The respective provider or operator of the linked sites is always responsible for their content. The linked sites were checked for potential legal violations at the time the links were created. No illegal content was identifiable at the time the links were created. However, continuous monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any violations of the law, we will remove such links immediately.
Since we have no influence over third parties’ compliance with data protection regulations, you should review the respective privacy policies separately.
12. Governing Law
This Agreement is governed exclusively by German law. With respect to consumers, this choice of law applies only to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer has his or her domicile or habitual residence.
Spalt, August 17, 2026 www.eisenbahnarchiv.de GmbH
