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VAT-ID: DE 260520298
Trade register B ID: 173752
Place of business: München
Managing director: Severin Lucks
(1) Your personal data, insofar as these are necessary for this contractual relationship (inventory data) in terms of its establishment, organization of content and modifications, are used exclusively for fulfilling the contract. For goods to be delivered, for instance, your name and address must be relayed to the supplier of the goods.
(2) Without your explicit consent or a legal basis, your personal data are not passed on to third parties outside the scope of fulfilling this contract. After completion of the contract, your data are blocked against further use. After expiry of deadlines as per tax-related and commercial regulations, these data are deleted unless you have expressly consented to their further use.
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Terms and conditions
Date: 20th of January 2016
§ 1 Application
(1) All deliveries, services in accordance with our performance specifications and offers the DELUCKS GmbH are subject to these General Terms and Conditions (hereinafter: GTC), which refer exclusively to the business transactions. With consumers i.S.v. § 13 BGB concluded contracts only in exceptional cases and only with the express consent of DELUCKS GmbH. Who paves a contract without such explicit consent with the DELUCKS GmbH or closes, assured ISV as an entrepreneur § 14 BGB do.
(2) These terms and conditions are part of all contracts in written and electronic form between the company DELUCKS GmbH (hereinafter “Company”) and our business partners in force at the time of the order. They also apply to all future deliveries, services or offers to the business partners, even if they are not separately agreed again.
(3) These terms and conditions take precedence over any deviating terms and conditions of the client. Conflicting terms and conditions of the client are only effective if they are expressly acknowledged in writing by the company, otherwise they do not apply, even if the DELUCKS GmbH their validity in individual cases does not separately. Even if the DELUCKS GmbH receives a letter containing the terms and conditions of the client or a third party or refers to such, shall not constitute agreement with those terms and conditions.
§ 2 Offer and conclusion of contract
(1) All offers of DELUCKS GmbH are non-binding, confidential for internal use only and not binding unless they are explicitly marked as binding or contain a specific acceptance period. Orders or contracts may take the DELUCKS GmbH within fourteen days of receipt. All offers require a written contract declaration by the contracting authority. The contract between the client and the DELUCKS GmbH comes with the written declaration of acceptance into existence at DELUCKS. The written form in the sense of our Terms and Conditions includes the telecommunicative transmission in the form of e-mail.
(2) All that matters for the legal relationship between the DELUCKS GmbH and the customer is the written contract or written order issued, including these terms and conditions. This all agreements between the parties to the contract subject completely again. Verbal commitments of DELUCKS GmbH prior to the conclusion of this contract are not legally binding and oral agreements between the parties are replaced by the written contract, unless it is expressly stated in each of them that they shall remain in force.
(3) Supplements and amendments to the agreements reached, including these Terms and Conditions shall only be effective in writing. With the exception of managing directors or authorized signatories of the employees DELUCKS GmbH are not authorized to make verbal agreements deviating. For the sake of writing the telecommunicative transmission, in particular via e-mail (firstname.lastname@example.org) is sufficient, provided that, within 14 calendar days, the copy of the signed declaration shall be forwarded.
(4) Information communicated DELUCKS GmbH to the object of delivery or performance (z. B. layouts, designs) as well as representations of the same (eg. As drawings and illustrations) are only approximately authoritative unless their usability for the contractually agreed purpose an exact match presupposes. They are not warranted characteristics, but descriptions or identifications of the delivery or service. Customary deviations and deviations stipulated or technical improvements due to legal regulations, as well as the substitution of equivalent services are permitted provided they do not impair the usability for the contractually intended purpose.
(5) worksheets, concepts, guidance and layout suggestions are only regarded as components of an offer if you are attached or are expressly designated as binding.
(6) The DELUCKS GmbH reserves the ownership or copyright to all offers made and their cost estimates, as well as created by the company web pages, layouts, scripts, programs, graphics and other objects. These are protected by copyright and are marked as such, unless in a particular case otherwise agreed. The customer may make these without the express consent of DELUCKS GmbH accessible either as such, content Third, give them, use them itself or through third parties or duplicate them, unless otherwise agreed or to result from the contractual agreement. At the request of DELUCKS GmbH these are returned in full and destroy any copies, if they are no longer required in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
(7) Unless contractually agreed otherwise, websites for a screen resolution of 1024x768px for Microsoft Internet Explorer, Mozilla Firefox, Apple Safari and Google Chrome are optimized in each case at the time the contract is concluded the current version and an earlier version with default settings. Under different conditions, eg. When using a different browser or a mobile device, the presentation of the website may vary.
(8) The customer is obligated to provide all necessary cooperation services, so that DELUCKS GmbH can carry out the contractual services.
(9) All continuously accumulating issues DELUCKS GmbH on matters related to the respective work to be performed is answered fully, accurately and at short notice.
(10) The DELUCKS GmbH is informed without being asked and in good time of any circumstances which may be relevant for the service to be provided.
(11) Required (content) corrections and change requests of DELUCKS GmbH be notified in writing without delay concept release. Reports this is not the contracting authority, the concept is considered accepted. Other necessary corrections and change requests will be settled after this date at cost.
(12) The DELUCKS GmbH assumes no hosting, data entry, or other IT services and support for technology. When adjustments and / or settings are required, they will be billed at cost.
§ 3 Prices and Payment
(1) The prices apply to the service and delivery scope listed in the order confirmations. The regular hourly rate amounts to € 150.00. For big companies we calculate based on a hourly rate of € 200.00. Additional or special services will be charged separately. The prices are in EURO plus packing and postage, VAT, for export deliveries and, if necessary, customs fees and other public charges.
(2) The DELUCKS GmbH is entitled to demand payment in advance and to provide partial invoices / payments on account payable.
(3) Invoices are to be paid within fourteen (14) calendar days without any deductions, unless otherwise agreed in writing. For legal purposes, the date of payment is the receipt by the DELUCKS GmbH.
(4) Failure to comply with the payment obligations internet presentations / web-based software solutions to be removed upon notice from the Internet.
(5) The setting off with counterclaims of the contracting authority or the withholding of payments due to such claims is only permissible insofar as the counterclaims are undisputed or legally binding.
(6) The DELUCKS GmbH is entitled to make outstanding deliveries or services only against advance payment or security or payable if their circumstances become known after conclusion of the contract, which are suitable to reduce the creditworthiness of the client much and through which the payment of the outstanding claims of DELUCKS GmbH by the contracting authority from the respective contractual relationship (including other individual orders, applies to the same framework agreement) is endangered.
(7) For disclosure of our offer the DELUCKS GmbH on the other hand charges a penalty of 25% of the offer price.
§ 4 Delivery time
(1) always are approximate from DELUCKS GmbH Asked promised deadlines and dates for deliveries and services, unless a fixed deadline or a fixed date expressly promised or agreed.
(2) The DELUCKS GmbH may – without prejudice to their rights arising from default of the client – demand from the Client an extension of delivery and performance deadlines or a postponement of delivery and performance dates to the period in which the client has his contractual obligations and the specified schedule Information access of full briefings and / or data of the client the DELUCKS GmbH opposite does not comply.
(3) The DELUCKS GmbH is only entitled to make partial deliveries if
a. the partial delivery for the customer as part of the contractual intended purpose,
b. delivery of the remaining ordered services is ensured and
c. the customer does not incur any significant additional costs or additional costs (unless the DELUCKS GmbH agrees to take over these costs).
(4) If the DELUCKS GmbH with a delivery or service in default or is it a delivery or service, for whatever reason, impossible, so the liability of DELUCKS GmbH for damages pursuant to § 8 of these Terms limited.
§ 5 Place of fulfillment, acceptance
(1) performance for all obligations from the contractual relationship is the headquarters of DELUCKS GmbH, unless otherwise specified. Owes DELUCKS GmbH also the installation, performance is the place where the installation is to be made.
(2) Insofar as acceptance, the goods shall be deemed accepted if
a. the delivery and if the DELUCKS GmbH owes the installation, the installation is complete,
b. the DELUCKS GmbH has so communicated to the customer having regard to the deemed acceptance under this § 5 (2) and asked him to accept,
c. since the delivery or installation of fourteen (14) calendar days have passed or the client has started using the purchased goods and in this case, since the delivery or installation of six (6) working days have passed and
d. the customer has the acceptance within this period for any reason other than because of the DELUCKS GmbH writing displayed defect that makes the use of the goods impossible or significantly impaired refrain.
§ 6 Warranty, Defects
(1) The delivered goods and content should be examined carefully immediately after delivery to the customer or to the third party designated by him. They shall be regarded obvious defects or other defects that would have been recognized on an immediate, thorough investigation, as approved by the client if the DELUCKS GmbH does not, within seven (7) business days after delivery of approaching a written complaint. For other defects, the services and delivery items deemed to have approved by the client, if the complaint of DELUCKS GmbH approaching not within seven working days after the date on which the defect was found; the lack of the client in normal use was apparent at an earlier date, but this earlier date for the beginning of the notice period shall prevail.
(2) If a defect on the fault of DELUCKS GmbH, the client may claim damages under the conditions specified in §. 8
(3) No liability can be accepted for any errors agreed licensed programs or parts of programs. Possibly additional costs shall be borne by the client. In case of defects of data or components of their respective owners or manufacturers who can not eliminate the DELUCKS GmbH for licensing or factual reasons, the DELUCKS GmbH will make at its option its warranty claims against the manufacturers and suppliers on behalf of the client or assign to the Client. Warranty claims against the DELUCKS GmbH exist with such defects under other conditions and in accordance with these terms and conditions only if the legal enforcement of the aforementioned claims against the manufacturers and suppliers was unsuccessful or, for example, due to insolvency, is hopeless. During the duration of the dispute, the limitation of the relevant warranty claims of the client against the DELUCKS GmbH is inhibited.
(4) The guarantee is void if the customer without the consent of DELUCKS GmbH the performance or delivery item is changed or has it modified by third parties and the removal of defects is thus impossible or unreasonably difficult. In any case, the client has to bear the costs of the change costs of remedial measures.
(5) An agreed in individual cases with the client delivery of used items takes place under exclusion of any warranty for material defects.
§ 7 Property Rights
(1) The client declares by submitting his documents, originals or media that he is in possession of reproduction, or reproduction right alone bears all legal consequences from the reproduction.
(2) Each contracting party shall notify the other party in writing without delay, if it against any claims of infringement of intellectual property rights or others’ copyrights are asserted. If injured in consequence of omitted information by the execution of the contract rights, especially copyrights of third parties, the client is responsible for this alone, and is committed to the DELUCKS GmbH from all third party claims, of whatever kind, indemnify and reimburse incurred necessary legal costs of DELUCKS GmbH.
(3) Information supplied at rights violations by the DELUCKS GmbH products from other makers or rightholders will make according to their choice of their claims against the manufacturers and for the account of the client or assign to the Client the DELUCKS GmbH. Claims against the DELUCKS GmbH exist in these cases, according to this § 7 only if the legal enforcement of the aforementioned claims against the manufacturers and suppliers was unsuccessful or, for example, due to insolvency, is hopeless.
(4) If the customer instructs the DELUCKS GmbH with the procurement of pictures or other material, which is limited in time, space or media in use, the client must ensure that this material is no longer used after the use rights. The principal is liable for any consequential damage if not avoided.
(5) The DELUCKS GmbH complies with the requirements of the Federal Data Protection Act and the Teleservices Data Protection Act.
§ 8 Liability for damages due to fault
(1) The liability of DELUCKS GmbH for damages, for whatever legal reason, in so far as it is in matters of fault, according to this § 8 restricted. The company undertakes according to this requirement in particular no liability for the contents of the texts and materials provided by the client. The customer bears the full responsibility and liability for the content of its websites, as well as its accuracy. This is particularly true for contents that infringe competition and copyright law as well as common decency.
(2) The DELUCKS GmbH is not liable in cases of simple negligence of its organs, legal representatives, employees or other vicarious agents, insofar as it is not a breach of contractual obligations. Essential contractual obligations are the obligation to timely delivery and possibly installation of the delivery item, its freedom from defects that impair its functionality or suitability for use more than only insignificantly, as well as consulting, protection and care obligations that enable the client the contractual use of the delivery item or the protection of lives and health of the client’s personnel or protection of property whose object from significant damage.
(3) To the extent that DELUCKS GmbH pursuant to § 8 (2) is fundamentally liable for damages, this liability is limited to damages which foresaw when concluding the contract as a possible consequence of a breach of contract which DELUCKS GmbH or they would have due diligence in application have foreseen , Indirect damages and consequential damages that are the result of defects of the service or the delivery item, also are only eligible for compensation if such damage under normal use of the delivered goods are typically to be expected.
(4) In case of damage caused in any other way the DELUCKS GmbH is liable for intent and gross negligence, also of its agents, under the statutory provisions. The same applies to negligent damage arising from injury to life, limb or health. In negligent property or pecuniary damage which DELUCKS GmbH and its subcontractors are only liable for the breach of a contractual obligation, but the amount is limited to foreseeable and typical contractual contractual damages; material contractual obligations are those whose performance characterizes the contract and to which the client may rely.
(5) The foregoing exclusions and limitations apply to the same extent in favor of bodies, legal representatives, employees and other vicarious agents of DELUCKS GmbH.
(6) To the extent that DELUCKS GmbH provides technical information or acts as a consultant and this information or advice is not part of the owed contractually agreed scope of services, this is done free of charge and without any liability.
(7) Any liability for non-material artistic commercial or other special damages are excluded under the provisions of this § 8 (9). In particular value by the principal of submitted or handed templates, originals, slides and media is the DELUCKS GmbH in writing expressly indicate when sending or handing over.
(8) The customer is solely liable if be hurt by the execution of his order rights, especially copyrights of third parties, through no fault of DELUCKS GmbH. The DELUCKS GmbH is in particular not obliged to check whether such rights exist, unless otherwise agreed by individual contract. The client has the DELUCKS GmbH from all claims of third parties in respect of such infringements.
(9) Text and images or content as well as links to sites on the Internet supplied by the contracting authorities may not violate any trademark, patent or other third party rights. The principal is liable for damages caused by the supplied data.
(10) The DELUCKS GmbH is not authorized and not obliged to refer to the content or concerns in the design and / or preparation of online-based solutions or to be in accordance with an advisory capacity.
(11) The limitations of § 8 shall not apply to the liability of DELUCKS GmbH for intentional or grossly negligent behavior, fraudulent concealment of a defect, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
(12) Unforeseen, unavoidable and beyond the control of DELUCKS GmbH lying and DELUCKS GmbH is not responsible for, such as Acts of God, war, natural disasters, official orders or labor disputes, release the DELUCKS GmbH for their duration from the obligation to make timely delivery.
§ 9 Retention of title
Delivered goods and all associated rights until full payment of the agreed price of the property DELUCKS GmbH.
§ 10 Confidentiality / Data Protection
(1) The DELUCKS GmbH is entitled to call on their websites, print media and press releases users and clients as a reference customer. The customer can object to the entry by express declaration by e-mail to the address DELUCKS GmbH, Auenstraße 9, 80469 Munich, or in writing by e-mail to the email@example.com or by post to 14 days after conclusion of the contract.
(2) In case of electronic creation of orders a storage on the server of DELUCKS GmbH takes place. The data is kept to invoicing on the server. For long-term archiving requires an agreement with the DELUCKS GmbH. For any lost data is not liable of the DELUCKS GmbH, except for willful misconduct or gross negligence. If the storage of the data agreed to in writing, the DELUCKS GmbH is authorized to delete such data at the end of the agreed retention period, without the client must be informed beforehand. The dataset is the property of DELUCKS GmbH. The data will be delivered in any case against separate invoice, unless otherwise agreed.
(1) DELUCKS GmbH reserves the right to the terms and conditions for the future to change / or supplement. There are always those on the DELUCKS GmbH website at the time of concluding the contract retrievable General Terms and Conditions.
§ 12 Final Provisions
(1) If the customer is a businessman, a legal entity under public law or a public special asset, or has in the Federal Republic of Germany has no general jurisdiction, such jurisdiction for any disputes arising from the business relationship between the DELUCKS GmbH and the customer’s choice the DELUCKS GmbH Munich or the registered office of the client. For complaints against the DELUCKS GmbH However, in these cases, Munich is the exclusive place of jurisdiction. Mandatory statutory provisions on exclusive jurisdiction shall remain unaffected by this provision.
(2) The relations between the DELUCKS GmbH and the customer are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG) does not apply.
(3) If any provision of these Terms and Conditions be invalid, RECOURSE their effectiveness and validity of the terms and conditions in the rest untouched.
(4) If the contract or these General Terms and Conditions contain loopholes, are to fill these gaps by those legally valid provisions as agreed, which the parties would have agreed to the economic objectives of the contract and the purpose of these General Terms and Conditions, if they had known about the omission.
(5) Verbal agreements are not taken. Previously under contract negotiations made statements of the other party are invalid if they are not incorporated into the contract.
(6) Any changes and additions must be in writing. Also the
(7) amendment of that provision must be in writing.
(8) If any part of this Agreement be or become invalid, the remaining provisions shall not be affected. The Parties undertake to apply the invalid or void parts to be replaced by economically equivalent, quite stable rules, which comes closest to the objective pursued by the invalid provisions economic purpose. The same applies to the case of a plan anti contractual loophole.
The customer takes note that the DELUCKS GmbH stores data from the contractual relationship in accordance with § 28 Federal Data Protection Act (Act) for the purpose of data processing and reserves the right to use the data to the extent required for the fulfillment of the contract, to third parties (eg. As insurance companies) to transfer.