Terms and Conditions
- General conditions
1.2. The basic principles stated here shall also apply if the supplier carries out the order without reservation and while aware of conditions of the client which oppose or deviate from the basic principles stated here.
1.3. Deviations from the basic principles stated here shall only then be valid if the supplier has agreed to them explicitly in writing.
1.4. Offers of the supplier are subject to alteration and are non-binding. A contract shall be concluded, however, only with a written order by the client.
1.5 The scope of service commissioned in the order is binding.
- Copyright law and rights of use
2.2 The temporal and spatial scope of the use of the works of the supplier or any transfer of the copyright law shall occur on the basis of the offer prepared by the supplier or a separate written agreement.
2.3. Without the agreement of the supplier, its works, including the copyright symbols, may not be changed, neither in the original form nor in reproduction. Any reproduction, even of parts of the work, is prohibited.
2.4. The works of the supplier may only be used for the agreed usage type, for the agreed purpose in the agreed scope. The client shall acquire the right to use the work in the agreed scope with the payment of the fee.
2.5. Repetitions (e.g. reprints or size variations) or multiple uses (e.g. for another product) shall be subject to a fee; they require the consent of the supplier.
2.6. The transfer of granted rights of use to third parties requires the consent of the supplier.
3.2 The supplier shall guarantee that all designs supplied by it originate exclusively from it and no defects of title are known to it for the designs and the property rights that are the subject matter of the contract.
It shall furthermore affirm that it has not intentionally breached the copyrights of third parties in the creation of the designs in the scope of the order. However, it shall be incumbent upon the client to check whether the services rendered in the scope of the order breach competition law, rights of third parties (trademark law, copyright law, right of publicity, etc.) or other rights. The liability for any breaches shall be incumbent upon the client. It must indemnify the supplier with respect to the claims of third parties or release it from these.
3.3 With the acceptance of designs and artwork by the client, this party shall assume the responsibility for the security, technical and functional correctness of the product.
3.4 The liability of the supplier, its representatives and agents is excluded for slight negligence. The liability for gross negligence, intent, and breaches of cardinal duty shall remain unaffected by this. The liability is additionally limited to compensation for damage which is foreseeable according to the type of service and is typical for the contract, up to an amount of triple the value of the order.
3.5 The burden of proof shall be incumbent upon the client, provided the circumstances to be proved do not originate from the area of responsibility of the supplier.
3.6 The supplier shall not be liable for the elaborations, developments, designs, artwork and drawings accepted by the client, as well as for the feasibility of the production.
- Defects and Errors
4.2 Complaints of any type must be made within 14 days from delivery of the work, in writing to the supplier, notwithstanding legal guarantee.
4.3 Acceptance may not be refused for creative and/or artistic reasons. Freedom of design exists within the scope of the order.
5.2 The price specified in the offer and accepted by the client is binding. In the case of requests for alterations and amendments, a particular remuneration value must be paid for the additional expenditure of the supplier. Minimum expenditure shall be in the favour of the supplier and shall not lead to a reduction of the agreed price.
5.3 All charges to the client are due within 14 days. In the case of late payment, the supplier may demand interest for late payment to the amount of 5% above the respective base interest rate of the European Central Bank p.a..
- Reference samples
- Design reference
- Delivery time
- Limitation period, Offset
- Orders carried out by representatives
- Final provisions
Red Radish | Marie-Elisabeth-Lüders-Straße 4 | 10625 Berlin | Germany | firstname.lastname@example.org