The following terms and conditions of Rebernig Brand Design GmbH (hereinafter referred to as "Agency") are part of each offer and contract. Conflicting terms and conditions of the client are not part of the contract, unless the contracting parties have expressly agreed in writing in individual cases. Additional agreements require the written form.
Any use or use by the Agency for the purpose of concluding a contract of presentation or presentation (presentation), whether protected by copyright or not, requires the prior written consent of the Agency. This also applies to the use in modified or edited form and for the use of the ideas underlying the work and services, as long as they have not found any expression in the previous advertising material of the client. Acceptance of a presentation fee does not constitute consent to the use of the Agency's work and services. This also applies to the parts of the presentation created by third parties commissioned by the agency.
3 Processing of orders
3.1 Meeting reports transmitted by the agency shall be binding if the client does not object immediately upon receipt.
3.2 Templates, files and other work equipment (in particular models, original illustrations, etc.) that the agency prepares or has created in order to perform the service due under the contract are the property of the customer. If requested by the customer, these are compiled and published. For storage, the agency is not required.
3.3 All measures to be carried out require prior approval by the customer. The release must be in writing. In exceptional cases, an oral clearance may be granted, which will be confirmed by the Agency by e-mail within a reasonable time. By releasing the measure, the customer assumes full liability.
The client agrees that in the context of the contract concluded with him data about his person stored, modified and / or deleted and transmitted to third parties in the context of the need.
5 Placing an order with third parties
5.1 The Agency is entitled to carry out the work entrusted to it or to commission third parties.
5.2 Orders to advertising media are made by the Agency in its own name and for its own account. If volume discounts or scales of scale are used, the client will receive an additional charge in the event of non-fulfillment of the discount or season requirements, which will become due immediately. The agency is not liable for poor performance of the advertising media.
5.3 The customer exempts the agency from claims of third parties if the agency has acted at the express request of the customer.
6 Delivery and delivery times
6.1. The processing time is by arrangement.
6.2 The delivery obligations of the Agency are met as soon as the work and services have been dispatched. The risk of transmission (for example, damage, loss, delay), regardless of which medium is transmitted, shall be borne by the customer from the moment the transfer to the carrier is made.
6.3 Delivery periods are only binding if the client has duly fulfilled all possible obligations to cooperate (eg obtaining documents, approvals).
7 Remuneration, terms of payment
7.1 Agreed prices are net prices, to which the applicable value added tax is added. Artist's social contribution, customs duties or other, also subsequent charges are further charged to the client.
7.2 Offers are based on information available to us up to the date of the offer and are only valid as a complete offer. Any changes require a recalculation.
7.3 In the case of advertising, the respectively valid list prices of the advertising media are binding on the day of publication.
7.4 Invoices of the Agency are due for payment ten days after the invoice date without any deductions. The agency is entitled to charge default interest in the amount of eight percent above the base lending rate (§ 247 BGB) from the eleventh day after the invoice date.
8 Rights of use, copyrights
8.1 By settling the payment, the customer acquires the unlimited right of use, in terms of time, content and space, to all work performed by the agency under this agreement.
8.2 If the agency uses third parties for fulfillment of the contract, their rights of use shall be acquired and transferred to the client accordingly.
8.3 The agency is entitled to use the work and services created as part of its self-promotion, including on the Internet and in the context of competitions.
9.1 Travel expenses are charged to the client at EUR 0.80/km.
9.2 Expenses and accommodation costs will be charged to the customer on receipt.
9.3 Shipping, courier and postage costs according to expenditure
10 Warranty, liability
10.1 The agency assures confidential treatment of all information concerning the Customer.
10.2 The Client must check the work and services provided by the Agency immediately upon receipt, and in any case before further processing, and notify defects immediately after discovery. If the immediate inspection or notification of defects is omitted, there are no claims of the client.
10.3 In the event of defects, the Agency has the right to twice repair within a reasonable time.
10.4 The liability of the Agency is limited to gross negligence and compensation for typical and foreseeable damages.
10.5 The liability of the agency is limited to Euro 5,000.00.
10.6 The Agency does not provide legal advice, trademark testing and competitive differentiation are the responsibility of the customer.
Jurisdiction is the seat of the agency
As of 18.09.2019