General Terms and Conditions of Werbeteam Dippel GmbH

Below you will find our General Terms and Conditions. These regulate the contractual relationship between Werbeteam Dippel GmbH and our customers. Please read these carefully.

§1 Scope

These General Terms and Conditions apply to all contracts concluded between Werbeteam Dippel GmbH (hereinafter called "Contractor") and the Customer. They also apply to all future business relationships, even if they are not expressly agreed again. Deviating conditions of the Customer, which the Contractor does not expressly accept, do not become part of the contract, even if the Contractor does not expressly object to them.

§2 Conclusion of Contract

The offers of the Contractor are non-binding and without obligation. Orders only become binding with the written confirmation of the Contractor. Changes and additions as well as oral side agreements require written form. This also applies to the modification of this written form clause.

§3 Scope of Services

The scope of services to be provided results from the Customer's order or the Contractor's order confirmation. Subsequent changes to the scope of services require written form. The Contractor is entitled to partial services, insofar as these are reasonable for the Customer.

In the event of a change in the scope of services, both parties are obligated to adjust the contractual relationship to the changed conditions. This applies in particular to remuneration and scheduling agreements.

§4 Obligations of the Customer

The Customer is obligated to support the Contractor in fulfilling its contractually owed services. This includes in particular the timely provision of information, documents and data required to provide the services.

The Customer is responsible for the accuracy, completeness and legality of the content and templates provided by him. He assures that he is entitled to use all templates transferred to the Contractor and that these templates are free from third-party rights. Should he, contrary to this assurance, not be entitled to use or should the templates not be free of third-party rights, the Customer shall indemnify the Contractor from all claims for damages.

§5 Delivery and Delivery Times

Delivery dates or deadlines, which can be agreed binding or non-binding, require written form. The Contractor is not responsible for delivery and service delays due to force majeure and due to events that make delivery essentially more difficult or impossible for the Contractor (this includes in particular strikes, lockouts, government orders, etc.), even if they occur at the Contractor's suppliers or their sub-suppliers, even in the case of binding agreed deadlines and dates. They entitle the Contractor to postpone the delivery or service for the duration of the obstruction plus a reasonable lead time.

§6 Remuneration

All prices are exclusive of the applicable statutory value added tax. Remuneration is due upon delivery of the work. Payment is made without deduction within 14 days of receipt of the invoice. The Customer is in default with the expiration of the 14th day after invoice date. In case of payment delay, the Contractor is entitled to demand default interest of 9 percentage points above the base interest rate of the European Central Bank p.a. If the Contractor is able to prove a higher damage from delay, he is entitled to claim this.

§7 Retention of Title

The Contractor reserves the right to the goods delivered until full payment is made. In case of breach of contract by the Customer, in particular in case of payment default, the Contractor is entitled to repossess the goods. The repossession of the goods does not constitute a withdrawal from the contract unless the Contractor has expressly declared this in writing.

§8 Warranty

The Customer must inspect the delivered goods immediately upon receipt for defects and notify any defects to the Contractor immediately, but no later than 5 business days after receipt of the goods, in writing. Hidden defects that are not found upon immediate inspection must be claimed within the statutory warranty period.

In case of justified complaints about defects, the Contractor first has the right to repair or replacement delivery. Only if this fails does the Customer have statutory warranty rights. In any case, liability is limited to the contract amount.

§9 Liability

The Contractor is liable for damages caused by intent or gross negligence without limitation. In case of slight negligence, the Contractor is only liable for damages from injury to life, body or health and for damages from breach of a material contractual obligation (obligation whose performance enables the proper execution of the contract in the first place and whose compliance the contracting party regularly trusts and may trust); in this case, however, the Contractor's liability is limited to compensation for foreseeable, typically occurring damage.

§10 Copyright and Usage Rights

All drafts, developments, elaborations, drawings and other work created by the Contractor are subject to copyright law. The provisions of copyright law also apply if the level of originality required under § 2 UrhG is not achieved.

The drafts and final drawings may not be modified either in the original or in reproduction without the express consent of the Contractor. Any imitation – even of parts – is prohibited.

Upon full payment of the agreed remuneration, the Customer acquires the agreed usage rights to the work created by the Contractor within the scope of the contract. Unless otherwise agreed, only simple usage rights are transferred.

§11 Final Provisions

Place of performance is the registered office of the Contractor if the Customer is a merchant. German law applies.

If the Customer is a merchant, legal entity under public law or public law fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Contractor. The same applies if the Customer has no general place of jurisdiction in Germany or if the place of residence or usual residence is not known at the time the action is brought.

Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

Status: January 2023