TERMS AND CONDITIONS
of design hoch drei GmbH & Co. KG
|This statement was written in German. If you are facing inconsistencies between the translated version of this statement compared to the German version, the German version will always prevail.|
§ 1 Scope
- Our GTC apply to the provision of design, advertising and marketing services in accordance with the contract concluded between us and the client.
- Our GTC apply exclusively; we do not recognize any conflicting or deviating terms and conditions of the client unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we perform our services in the knowledge of terms and conditions of the client that conflict with or deviate from our terms and conditions.
- Our GTC apply to entrepreneurs, legal entities under public law and special funds under public law.
§ 2 Offer and conclusion of contract
- Our offers are made in text form and can be accepted by the contractor within two weeks in the same way or orally.
- If we issue an order confirmation regarding the content of the concluded contract, this confirmation shall be binding.
§ 3 Information, duty to cooperate
- With the conclusion of the contract, the client confirms that his contractual information has been checked by him and is correct. If deviations are subsequently found, any additional costs incurred as a result shall be borne by the customer.
- The client shall name a technically competent contact person who is available to us for necessary information and who makes or can immediately bring about the decisions necessary for the execution of the order.
- The customer shall create all prerequisites to enable proper execution of the order. In particular, the Customer shall ensure that all necessary cooperation on its part or on the part of its vicarious agents is provided in good time, to the required extent and free of charge for us.
- The customer shall provide us with the customer-specific documents and other necessary in-house information required for the execution even without a special request.
- The client shall be liable for delays or errors in the execution of the order if these result from performance data submitted by him, incorrect or incomplete information or other circumstances for which he is responsible.
§ 4 Prices and terms of payment
- The net prices agreed in the contract plus statutory value added tax shall be decisive.
- Unless otherwise stated in the offer, the prices do not include shipping costs (postage), travel expenses, costs for licensing stock material (such as images and type), translation services or other third-party services. All these services are to be paid for additionally by the client. In principle, it is not intended that the client takes over the computer data of the designs – this can, however, be agreed upon and is then also to be remunerated separately by the client.
- The total remuneration (if applicable, after deduction of partial payments made) shall be paid within 14 days after performance of the service and issuance of the invoice, without any discount, unless otherwise agreed. The statutory rules concerning the consequences of default in payment shall apply.
- We are also entitled to invoice the services already provided by us on a monthly basis.
§ 5 Time of performance
- If completion deadlines have been specified by us and made the basis for placing the order, such deadlines shall be extended in the event of strikes and cases of force majeure, for the duration of the delay.
- Binding dates and/or deadlines always require our confirmation in text form.
§ 6 Warranty
- We shall provide warranty for any defects at our discretion by rectification or new production.
- A period of 12 months shall apply to the limitation of warranty claims, calculated from the time of our complete performance.
§ 7 Liability for damages
- Our liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This shall not apply in the event of injury to life, body and health of the customer as well as to claims for breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract. In this respect, we shall be liable for any degree of fault.
- The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
- Any claims under the Product Liability Act shall remain unaffected.
§ 8 Software, liability for data loss
- Insofar as we are obligated pursuant to §§ 6, 7 above, our liability for loss of data shall be limited to the typical recovery effort that would have occurred if regular and complete backup copies of all data, structures and programs had been made.
§ 9 Assignment, set-off, retention
- The customer is not entitled to assign claims or rights against us arising from the business relationship to third parties or to transfer them to third parties without our consent. The same shall apply to claims and rights arising directly against us by operation of law.
- The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us.
- The customer shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 10 Place of performance, choice of law, place of jurisdiction
- Unless otherwise stipulated in the contract, the place of performance and payment shall be our registered office.
- This contract shall be governed by the laws of the Federal Republic of Germany.
- The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law shall be the court responsible for our registered office.