This version also meets the requirements of Art. 14 of the Digital Services Act (DSA) for terms of use for hosting services (sections 10 to 15).
Provider of this service:
Hartmann Contractor KG
Paul-Klee-Str. 38
42781 Haan
Represented by: Arvid Quadflieg / Gary Roost
Register court: Amtsgericht Wuppertal (Local Court), HRA 24380
VAT identification number: DE311884038
Email: info@serend.de
These terms apply to use of the website here-fehlt.de, including the photo map, the upload area, and the shop.
We conclude contracts exclusively with consumers and entrepreneurs based in Germany. We do not accept deviating terms and conditions of the customer, even if we do not expressly object to their inclusion.
The presentation of products in the shop does not constitute a binding offer, but an invitation to place an order.
By clicking “Place order with obligation to pay”, you submit a binding order. You will then receive an automatic order confirmation by email. This confirmation does not yet constitute acceptance of the order.
The contract is formed once we ship the goods or expressly confirm dispatch, at the latest after three working days. If we cannot deliver — for example because a variant is no longer available — no contract is formed and we will inform you without undue delay. Any payments already made will be refunded promptly.
We store the contract text. The language of the contract is German.
All prices are final prices in euros and include statutory VAT. Postage is included in the price; no additional shipping costs apply.
The amount payable is calculated exclusively on our server. We do not rely on figures from the browser for this purpose.
Payment is made via PayPal, optionally using a PayPal account, SEPA direct debit, or credit card. Processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Their terms of use also apply.
We do not receive full payment details and do not store account numbers or card data.
The purchase price is due upon ordering.
We deliver by mail to the address you provide. Dispatch usually takes place within one week of receipt of payment. During periods of high demand, delivery may take up to two weeks; we will indicate such a period in the shop before you place your order.
Partial deliveries are permitted insofar as they are reasonable for you and do not incur additional costs for you.
Consumers have a statutory right of withdrawal. Details are set out in our withdrawal policy, which also includes the model withdrawal form.
You bear the direct costs of returning the goods.
The goods remain our property until full payment has been made.
The statutory rights for defects apply.
We are liable without limitation in cases of intent and gross negligence, for injury to life, limb or health, and under the German Product Liability Act (Produkthaftungsgesetz).
In cases of simple negligence, we are liable only for breach of essential contractual obligations — i.e. obligations whose fulfilment is necessary for the proper performance of the contract in the first place and on whose compliance you may regularly rely. In that case, liability is limited to the typical, foreseeable damage arising from the contract.
Otherwise, our liability is excluded.
Use of the map and upload area is free of charge and does not require a user account.
There is no entitlement to publication of a submitted photo. There is likewise no entitlement to permanent availability of the service.
What you confirm when uploading:
Grant of rights: You retain the rights to your photo. You grant us only a non-exclusive, territorially unlimited, revocable at any time right to make the photo publicly accessible on here-fehlt.de. No use beyond this — such as in advertising, in print products, or for transfer to third parties — takes place. Photos are not sold and are not used to train AI models.
Revocation: You may revoke the grant of rights at any time by requesting removal via the “Report or delete photo” form. With your image ID, this happens without further review.
(Art. 14(1) DSA — Restrictions on use)
We generally publish all submitted photos that fit the topic of the project. There is no selection based on image quality, design, or taste.
We do not publish a photo if any of the following applies. This list is exhaustive:
Image content
Location and surface
Other
(Art. 14(1) DSA — Procedures, measures and tools for moderation)
Every review is carried out by a human. No automated content detection, facial recognition, or AI-assisted decision-making is used. No automated decision within the meaning of Art. 22 GDPR takes place.
Before publication, we review every photo and manually redact:
If that is not sufficient to publish the photo, we reject it.
Automated pre-check — what actually happens: We technically compare location and image content against block lists (see section 14). A match never leads to automatic rejection, but only to the photo being held for separate human review.
Location processing: If the photo contains GPS data, we read it in your browser. The map pin is then offset by 100 to 250 metres before it is stored. We do not store exact coordinates.
Processing time: usually under 24 hours.
Notification of the decision: Because we deliberately do not collect contact details for uploads, we cannot notify you proactively. We record the outcome and reasoning for your image ID; you can retrieve it at any time via the status page. This fulfils our obligation to provide reasons under Art. 17 DSA within the information available to us.
Logging: Every decision is recorded with timestamp and reason in a log secured against subsequent alteration.
(Art. 16 DSA)
Any person may report content via the “Report or delete photo” form. Four scenarios are provided for:
| Who reports | What happens |
|---|---|
| Uploader with image ID | immediate removal, without review and without reasons |
| Uploader without image ID | manual assignment; contact details are required for this |
| Depicted person | immediate depublication, followed by review |
| Property owner or other report | review, decision within two working days |
You will receive an immediate acknowledgement of receipt with a ticket number. Every decision is explained.
We do not disclose details of the reporting person to the uploader and vice versa.
In cases of manifestly unfounded or abusive reports, we may suspend processing after prior warning (Art. 23 DSA).
If a photo is removed following a justified report, we additionally block:
New uploads that trigger one of these matches do not go online automatically, but enter a separate review queue. This prevents the same violation from recurring.
The image file of a removed photo is fully deleted.
You may lodge an objection against any decision — rejection, removal, or dismissal of a report:
We review the objection again, again by a human, and inform you of the result with reasons. The objection is free of charge.
The right to turn to a court or competent authority remains unaffected.
We may amend these terms where this is required due to a change in law, a change in case law, or an adjustment to our offering. We will announce changes with a date on this page.
For purchase contracts already concluded, the version applicable at the time of ordering applies.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with habitual residence abroad, mandatory consumer protection provisions of their country of residence remain unaffected.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Wuppertal.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.
As of: 05.08.2026