General terms and conditions
1. SCOPE
1.1. The following general terms and conditions
(General terms and conditions delivery) apply to all assignments placed for ”Innenarchitektur Federleicht” design company (“we”) for services and works.
1.2. We provide our services and works
exclusively on the base of these terms and conditions. Conditions of the client
and deviating agreements only apply if we have expressly confirmed them.
1.3. Our terms and conditions also apply if we are aware of conflicting or deviating terms and conditions of the client as long as we provided our services or works for the client.
2. Copyrights / rights of use / self-promotion / right to information
2.1. Without our express approval, our services and works, including the work of subcontractors, may not be changed or used either in the original or in the reproduction.
2.2. All of our works (designs and works, models, visualizations, presentations, photographs, logos, layouts, sketches, etc.) are also considered to be protected by the copyright law in relation to the client if the required amount of creation has not been reached. Any copying of parts of our work by the client is prohibited.
2.3. If there is no other agreement, the customer will be granted the simple right to use the product. The transfer takes place only with the payment of the full fee. Until then, the customer is only allowed to use the transferred services revocably. Further use is not permitted and must be calculated separately.
2.4. We retain all rights of use to presented ideas, also for those ones not selected for implementation.
2.5. If the customer uses a concept several times that we have designed and if the company “Innenarchitektur Federleicht” is not commissioned with the planning / implementation, the usage rights are only transferred for a further fee. In the event of a breach by the customer, we are entitled to demand compensation of 40% of the order amount.
2.6. The transfer of granted usage rights to third parties as well as multiple uses (e.g. for another product, another construction project, another website, another platform or by another company) require our express approval and are subject to payment.
2.7. The publication of our work is only permitted if the agency and author are named. A breach of this obligation entitles us to compensation.
2.8. Suggestions and instructions from the client or his employees and agents, even if they exceptionally justify copyrights, have no influence on the amount of the remuneration.
2.9. We may appropriately label the drafts and visualizations we have developed with small letters with our name and / or logo and – even after the contract has ended – use them for our own advertising in the context of presentations and on our website free of charge; Press releases are coordinated with the client.
2.10. We have the right to request information from the client regarding the scope of use.
3. Offers / remuneration / additional costs / terms of payment
3.1. Our offers are valid for 14 days after the date of issue. The payment is generally based on an offer or order signed by the customer or verified by mail. If this is not the case, the payment is paid according to the time required. Even if there is no order placed by the customer, but the customer uses services that he could normally only expect to be paid for, the customer must pay the usual remuneration for these services.
3.2. The amount of payment of our services and works ,unless
otherwise is agreed, basically according to the amount of time that is invoiced monthly or task-related according to the hourly/daily expenditure according to our standard agency hourly/daily rates that are currently valid at the time the respective order is placed.
3.3. Expenses and additional costs are to be invoiced separately. The client shall pay all travel and accommodation costs incurred for the execution of the respective order, upon proof.
3.4. The prices in offers and invoices are stated as net costs, the statutory VAT of 19 percent is shown separately.
3.5. All offers are non-binding and freely revocable until the order is placed. The documents belonging to an offer such as drafts, plans, drawings, samples, weight and dimensions. etc. only contain advances, unless they are designated as binding.
3.6. The documents belonging to an offer may not be reproduced or made accessible to third parties without the express written consent of the agency. If the order is not placed, the documents are to be returned to “Innenarchitektur Federleicht” immediately.
3.7. A contract comes into existence only with an order confirmation from “Innenarchitektur Federleicht” or through the start of the provision of the service / delivery offered by or commissioned by the customer.
4. Terms of payment / reservation of title / set-off / right of retention
4.1. The payment is due upon delivery of the work; It is payable without deduction. If work is legitimately delivered in parts, the corresponding partial fee is payable on delivery of the part. For services that are not delivered but are rendered, the remuneration is due at the time they are rendered. Takes place before
an acceptance of the delivery of a work or the provision of services, the remuneration is due upon acceptance.
4.2. Separately billed expenses and additional costs are to be paid by the client immediately.
4.3. When accepting an offer, the client undertakes to pay according to monthly invoices. After package offers, the invoices are issued after completion. This applies unless otherwise agreed in writing in the offer.
4.4. The delivered services and work remain our property until all claims from the respective contract have been paid in full.
4.5. The client is only entitled to offset against our claims if and insofar as his counterclaims have been legally established, recognized by us or are undisputed. The client is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
4.6. The client is not entitled to assign claims against us, or to have them collected by third parties. The regulation of §354a HGB remains unaffected.
4.7. We are fully entitled to the statutory rights of set-off and retention. We are entitled to assign all claims from the contract with the client without the consent of the client.
4.8. If the customer uses our works or works beyond the contractually agreed scope of use without our consent, an appropriate remuneration is due. These are to be agreed with us in writing.
5. Briefing / freedom of design / additional services
5.1. The basis of our work is the briefing by the client.
5.2. We have freedom of design within the scope of the order.
5.3. We do not owe the ability to protect or register the work created and the services provided.
5.4. Only one draft and its one-off revision are owed. If the client wishes to make further changes beyond the one-off submission and revision of a draft or the creation and submission of further drafts, these are additional services that are remunerated according to the time required.
6. External services / subcontractors
6.1. We are entitled to order the external services required to fulfill the order in the name and for the account of the client. The client undertakes to grant us the appropriate power of attorney.
6.2. Insofar as contracts for external services are concluded in our name and for our account in individual cases, the client undertakes to release us internally from all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
6.3. We have the right to use subcontractors and freelancers to provide our services in our own name and on our own account.
7. Release / production monitoring
7.1. With the approval of the work, the client assumes responsibility for the correctness of the image and text.
7.2. The completion / production is only monitored by us on the basis of a special agreement. If such an agreement exists, we are authorized to make the necessary decisions and issue instructions.
7.3. Unavoidable tonal value changes / color changes compared to samples, designs or printouts do not entitle to withdraw or complaint.
7.4 Due to the artistic freedom and the color deviation of screens, there may be deviations in the design, these do not entitle to withdraw or complaint.
8. Liability / Exemption
8.1. We are liable for damage resulting from injury to life, limb or health based on an intentional or negligent breach of duty on our part. We undertake to carefully select and guide vicarious agents. In addition, we are not liable for our vicarious agents.
8.2. If we order necessary external services, the respective contractors are not vicarious agents. We are only liable for our own fault and for intent and gross negligence.
8.3. For the rest, we exclude any contractual and non-contractual liability.
8.4. In particular, if we have informed the client of any associated legal or other risks before carrying out a design or other design measure and the client insists on the design being carried out unchanged despite these concerns, we are not liable for any damage resulting therefrom. In addition, the client indemnifies us from all resulting claims of third parties on first request.
9. Delivery dates / delays / partial services
9.1. Delivery dates or deadlines must only be set in writing.
9.2. If we are culpably unable to meet an expressly agreed deadline or are in default for any other reason, the client must grant us a reasonable grace period, which begins when we receive the written notice of default or, in the case of the calendar-specific deadline, from the start of the delay.
9.3. In the event of default, we are liable in accordance with the statutory provisions if the contract is a fixed transaction or the client as a result of the service or Delay in delivery is demonstrably entitled to rely on the cessation of his interest in the performance of the contract or if the delay is due to an intentional or grossly negligent breach of duty for which we are responsible. In all other cases, our liability is limited to the foreseeable, typically occurring damage.
9.4. Unless it is excluded from the nature of the order or is unreasonable for the client, we are entitled to partial services and partial deliveries.
9.5. Any complaints must be reported immediately, but at the latest within 8 days in writing (notice of defects).
9.6. In the event of a justified and timely notification of defects, the customer is only entitled to request rectification or free replacement delivery. If the rectification or replacement delivery fails twice, the customer reserves the right to request a price reduction or cancellation of the contract.
10. Cancellation by the customer / cancellation / termination
10.1 If the customer withdraws, the expenses incurred so far will be invoiced.
10.2 The contract can be terminated by both sides at the end of the month with a period of three months. Termination must be in writing.
10.3 The mutual right to extraordinary termination for an important reason remains unaffected. Such a reason exists in particular if a contracting party intentionally violates obligations under this contract and thereby significantly violates the interests and legal interests of the other part.
10.4 In particular if the customer continues to default against us and their suppliers despite repeated requests, as well as in the event of serious violations of applicable law or these General Terms and Conditions, “Innenarchitektur Federleicht” is entitled to terminate the contract extraordinarily. All services rendered and external services purchased up to this point are to be paid 100% by the customer.
10.5 In the event that discounts have been granted to a customer and the customer cancels an order prematurely or submits an extraordinary termination of the contractual relationship or cancels the contract, all granted benefits must be reimbursed to us. There is a recalculation. In this case, a proportional calculation of the services rendered or the duration so far is not permitted.
11. AOB
11.1. The exclusive place of jurisdiction for all disputes arising from this contract is Munich; However, we are also entitled to sue the customer in another competent court.
11.2. For the legal relationships of the parties, in particular for the contracts concluded on the basis of these terms and conditions, the law of the Federal Republic of Germany applies exclusively, excluding the reference norms of private international law and the regulations of the United Nations Convention on Contracts for the International Sale of Goods.
11.3. All agreements that have been made between us and the client for the execution of the contracts are recorded in writing.
11.4. Should individual provisions of these General Terms and Conditions and / or a contract concluded on the basis of these General Terms and Conditions be or become wholly or partially ineffective or unenforceable, this does not affect the effectiveness of the remaining provisions and the contract as a whole. As far as general terms and conditions are concerned, the content of the contract is based on the legal provisions. In the case of other contractual provisions, instead of any ineffective or unenforceable provision, such a feasible and effective provision is deemed agreed that comes as close as possible to the economic purpose of the ineffective or unenforceable provision. The same applies to incompleteness. The contract is ineffective if adhering to it would also represent an unreasonable hardship for a contracting party, taking into account the change.
