General terms and conditions of Studio Kom. ltd
§ 1 SCOPE
For the business relationship and for all future transactions between Studio Kom. GmbH, Adam-Kraft-Straße 20, 90542 Eckental (hereinafter referred to as Studio Kom.), and the customers are exclusively subject to the following general terms and conditions in the version valid at the time of ordering or at the time of conclusion of the contract. Studio Kom. will only accept deviating conditions of the customer if this has been expressly agreed in writing. Agreements made with the customer in individual cases (including ancillary agreements, additions and amendments) always take precedence over these terms and conditions.
§ 2 APPLICABLE LAW AND JURISDICTION
(1) The business relationships between Studio Kom. and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) The place of jurisdiction is Fürth District Court, provided that the customer is a merchant or a legal entity under public law or a special fund under public law.
(3) The contract language is German.
§ 3 CONCLUSION OF CONTRACT, DELIVERY AND PERFORMANCE
(1) With the order confirmation, the seller sends the customer the text of the contract as well as these general terms and conditions and the cancellation policy.
(2) Unless otherwise agreed, goods will be delivered to the delivery address specified by the customer. The risk is transferred to the customer as soon as the delivery has been handed over to him. This also applies in the case of partial deliveries. Information about the delivery period is non-binding, unless, exceptionally, the delivery date has been confirmed. This does not apply to contracts with an entrepreneur.
(3) Studio Kom. is entitled to entrust other companies with the execution of orders or parts of orders. In these cases, Studio Kom remains the creditor of the compensation claim.
(4) Studio Kom. reserves the right to withdraw from the contract if a delay in delivery or performance caused by unforeseen circumstances and obstacles, in particular force majeure, government measures, failure to grant official approvals, industrial disputes of any kind, sabotage, lack of raw materials or delayed delivery of materials through no fault of its own, delays in delivery or performance and is not attributable to Studio Kom.
(5) In the event of delay in acceptance, Studio Kom. has the right, in addition to the payment claim, either to set a new delivery or service date or to withdraw from the contract. In case of non-acceptance, Studio Kom. claim compensation in the amount of 15% of the contractual remuneration.
(6) If the customer changes or cancels orders, work, plans and the like, or changes the requirements for the provision of services, he will reimburse Studio Kom. all costs incurred as a result and release Studio Kom. from all liabilities to third parties.
§ 4 RIGHTS OF USE
If indicated in the offer, with full payment for the duration and scope of the contract, the customer acquires the rights of use to all work produced by Studio Kom. within the scope of this order, insofar as the transfer is possible under German law or actual circumstances (in particular for music, film and photo rights), for use in the territory of the Federal Republic of Germany.
§ 5 PAYMENT TERMS
(1) When ordering goods, the generally applicable list prices at the time of delivery apply, unless otherwise expressly agreed in writing. Studio Kom. does not cover taxes, taxes, etc. collected in the recipient country for the transaction. Customs increases etc. after conclusion of the contract are borne by the customer. Prospectus information is expressly subject to change.
(2) Deliveries of goods are payable immediately after the invoice date without deduction, unless other payment terms have been agreed in writing. Studio Kom. generally reserves the right to deliver cash on delivery. Cheques, bills of exchange and other means of payment are only accepted for the purpose of performance and do not change the due date, with costs being borne by the customer. If the customer's registered office is outside Germany, Studio Kom. only delivers against payment in advance of at least 50%. The delivery of goods purchased at Internet auctions to the customer takes 10 working days upon payment in advance. Instructions for payment from the customer.
(3) The remuneration for services provided is payable by the customer without deduction immediately after the invoice date, unless other payment terms have been agreed in writing. Cheques, bills of exchange and other means of payment are only accepted for the purpose of performance and do not change the due date, with costs being borne by the customer.
§ 6 RETENTION OF TITLE
(1) The delivered goods remain the property of Studio Kom., until all claims arising from the contract have been settled, in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also from the ongoing business relationship up to settlement of all claims that Studio Kom. is entitled to in connection with the contract.
(2) If the customer defaults on payment, including from other and future deliveries or services by Studio Kom., or if the customer forfeits its assets, Studio Kom. may withdraw from the contract and is entitled to enter the customer's business premises and take possession of the reserved goods. In the event of compensation following withdrawal, Studio Kom. and the customer agree that this will be paid at the usual market value of the subject matter of the contract at the time of withdrawal. The customer bears all costs of return and sale; disposal costs are agreed without proof at 5% of the usual sales value, although an increase or reduction is possible upon proof from Studio Kom. or by the customer.
(3) The assertion of retention of title or seizure of the delivery item by Studio Kom. is not considered a withdrawal from the contract if the customer is a merchant.
(4) Items delivered for testing and demonstration purposes remain the property of Studio Kom. They may only be used by the customer beyond the purpose of testing and demonstration on the basis of a separate written agreement.
§ 7 RIGHT OF RETENTION
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 8 LIABILITY FOR DEFECTS
(1) The information provided by Studio Kom. in type lists, brochures, publications and on the website does not represent a quality guarantee within the meaning of Section 443 BGB.
(2) Special technical requirements and uses must be defined in writing and conclusively when the order is placed and must be confirmed in writing by Studio Kom. In this case, the customer is obliged to accept.
(3) Upon receipt, the customer must immediately check the goods in accordance with all technical requirements and reasonable testing methods, including, if applicable, by his customers, in any case before production. If defects only become apparent at the start of production, they must be stopped immediately.
(4) In all cases, Studio Kom. must be notified immediately in writing. The customer gives Studio Kom. Opportunity to review, including viewing, carrying out trial runs and viewing documentation. Quality deficiencies must be reported immediately and conclusively and in a sufficiently specified manner.
(5) Studio Kom. is entitled to all refunds for paid duties and the customer agrees to provide Studio Kom. with the documents necessary to obtain such refunds and to assist him.
§ 9 LIABILITY
(1) Studio Kom. has unlimited liability outside of liability for material and legal defects, insofar as the cause of damage is based on intent or gross negligence. Studio Kom. is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but only for foreseeable, contract-typical damage. Studio Kom. is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability in the previous paragraph do not apply in the event of injury to life, body and health, for a defect after a guarantee has been given for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If Studio Kom.'s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
(4) The customer bears the risk of legal admissibility of completed project measures. This applies in particular in the event that advertising measures or other orders violate competition law, copyright law and special advertising law laws. However, Studio Kom. is obliged to point out legal risks, provided that these become known during preparation. The customer releases Studio Kom. from third-party claims if Studio Kom. acted at the express request of the customer after notification of concerns with regard to the admissibility of the advertising measures.
(5) If Studio Kom. deems a legal review by a particularly competent person or institution necessary for the measures to be carried out, the customer shall bear the costs after consultation.
(6) In no case is Studio Kom. liable for the factual statements contained in the advertising measures about the customer's products and services. Studio Kom. is also not liable for the patent, copyright and trademark protection or registrability of ideas, suggestions, concepts, drafts, etc., provided under the contract
§ 10 DATA PROTECTION
(1) The customer is aware and agrees that the personal data required to process the order will be stored on data carriers by Studio Kom.. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be kept confidential by Studio Kom. The collection, processing and use of the customer's personal data is carried out in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and Studio Kom's privacy policy.
(2) The customer has the right to withdraw his consent at any time with effect for the future. Studio Kom.
In this case, is obliged to delete the customer's personal data immediately. In the case of ongoing ordering processes, the deletion takes place after the order process has been completed.
