General terms and conditions
As part of an exclusive network of artists and art lovers in the region, you can expect more success through benefits such as networking, access to selected galleries, museums and art exhibitions, and an increase in the value of your art.
1) Terms and conditions and written form
All orders are carried out according to the following business conditions. Deviating terms and conditions of the customer that have not been expressly accepted in writing are not binding for us, even if no express objection has been made. The performance of the service or the receipt of the consideration shall not be deemed to be tacit approval. To comply with the written form, transmission by letter, fax or e-mail shall suffice.
2) Duty of care and confidentiality
We undertake to exercise due care and diligence in respect of all business secrets and to treat all information and documents confidentially. This duty of care and confidentiality shall survive the end of the contract and shall also apply in the event that a cooperation does not materialise.
3) Rights of use
Design works shall be deemed to be copyrighted works irrespective of a specific design level and without prejudice to the use of other services. No co-authorship shall be established by suggestions or promotional measures of the Client or third parties.
Subject to full payment of the invoice amount, we grant our customers the right to use the exploitation rights reserved for the author in the form of a simple right of use. A right of use shall only be granted for the agreed purpose, to the agreed extent and for the agreed duration. If no express agreement has been made in this respect, the scope and duration shall be based on the objectively identifiable purpose stated by the customer when the order was placed. Rights to intermediate products and drafts, in particular to data, lithos, printouts, proofs or press proofs, shall not be transferred. They shall remain our property, even if they are invoiced separately, and shall not be surrendered.
Any kind of imitation, adaptation (including changes to the copyright designation), repeat use or multiple use requires our consent and is subject to a fee.
When we design printed matter for our customer, we always produce purely drawn, non-print-ready and/or litho-ready data without conversion to another format.
If a delivery of finished printed matter has been agreed, we shall have a proof or a press proof produced by the customer as a correctable intermediate product for the declaration of readiness for printing. The costs for this will be charged separately. Colour deviations caused by the different proofing processes are accepted by the customer.
5) Prices and terms of payment
The prices quoted are exclusive of statutory value added tax and subject to the proviso that the underlying order data remain unchanged. If no written offer is made, we shall invoice according to the actual time spent. Proposals from our customers or third parties have no influence on the invoicing.
If the execution of the order is suspended due to the fault of the customer or at the request of the customer, the additional costs incurred as a result, in particular the costs for a resumption of the work, shall be charged additionally. Changes to work after acceptance or the creation and submission of further work shall be treated as new orders. Deductions from the invoice amount are only permissible if the customer effectively withdraws and the services already provided by us are worthless. The burden of proof for the worthlessness shall be borne by the customer.
We archive the final release data (the data released by the customer at the time of acceptance or online placement), the lithos, proofs and press proofs released for printing for one year from the time of acceptance or online placement for our customers. We accept no liability for loss of data or changes to data as a result of a defective data carrier. However, we shall assign to our customer in advance all claims to which we are entitled in this connection against the seller or manufacturer of the defective data carrier used.
7) The materials provided by customers
We assume that customers will only provide us with materials (slides, photos, software/data material, information and other documents and templates) for the execution of their orders to which they are entitled. If the rights of third parties are infringed by the execution, our customer shall be solely liable and shall indemnify us against all claims of third parties.
Materials are handled by us with care during the execution of the order. We shall return them by post unless the customer expressly requests a different method of dispatch. In the event of loss or damage, we shall only be liable if intent or gross negligence can be proven. In the event of loss or damage to originals, we shall only be liable if the customer has expressly informed us in writing of the risk of damage beforehand.
8) Agreed deadlines and dates
Deadlines and dates are only binding if agreed in writing.
Force majeure, strikes, lockouts and incapacity through no fault of the client (in particular failure of the IT system and power failure) shall extend agreed deadlines by the duration of the impediment. Delays on the part of the client in carrying out corrections or (partial) acceptances or in the delivery of materials provided by the client for the execution of the order shall suspend the running of the deadline.
We shall only recognise claims for damages in the event of a delay in delivery or impossibility of delivery if the customer has expressly pointed out the risk of damage in writing when placing the order.
For customers who are merchants, § 377 of the German Commercial Code (HGB) on the obligation to notify defects and complaints shall apply without restriction. In all other cases, in the event of recognisable defects, incorrect delivery or excess or short delivery, a written complaint is only permissible within one week. Excess or short deliveries of 10 %, which are permissible according to the business conditions of the external producers/service providers, cannot be complained about.
10) Specimen copies
Customers shall provide us with sufficient undamaged and unfolded specimen copies free of charge for our own advertising.
We assume no liability for damage caused by incompatibility between the software handed over to the customer and his other software and/or hardware, for the protectability and the admissibility of our design work under competition and trademark law and for the services of third parties. The customer assumes responsibility for the correctness of images and text upon acceptance.
12) Place of performance and jurisdiction
The law of the Federal Republic of Germany shall apply. Place of performance (place of service) is Hamburg. The place of jurisdiction for all actions by and against us shall be our registered office, insofar as this is possible within the framework of the respective applicable statutory provisions. If the customer does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be our registered office.