GTC of yacht-folie.de
The terms and conditions apply to all current and future contractual relationships between yacht-folie.de, a brand of wt-net.org Franziska Krause (hereinafter referred to as the client), and our customer (hereinafter referred to as the contractor). Deviating or supplementary terms and conditions of the customer do not automatically become the basis of the contract, even in parts, unless they have been agreed in advance in writing. Consumers within the meaning of these terms and conditions are natural persons. The client enters into a business relationship with them without these being able to be attributed to a commercial, freelance or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons and/or partnerships with which the client enters into a business relationship and which act in the exercise of their commercial, freelance and independent professional activity, as well as associations, organizations, associations, municipalities, municipalities, cities, federal government and authorities. Clients within the meaning of these terms and conditions are both consumers and entrepreneurs, associations, organizations, associations, municipalities, cities, federal government or authorities.
2. Order placing, acceptance and deadlines Orders are only binding if they are confirmed in writing by us or already implemented. The tenders of the contractor are subject to change. These conditions do not automatically apply to acceptances of offers via the Internet platforms “www.ebay.de”, “www.ebay-kleinanzeigen.de”, www.facebook.com/yacht-folie.de www.amazon.de, www.youtube.de. In the case of orders with deliveries to third parties, the customer shall be considered as the customer. When ordering on behalf of third parties, it does not matter whether in their own or foreign name, the customer and the invoice recipient are considered as joint client. If the invoice is changed and transferred to another invoice recipient at the request of the customer after the invoice has already been completed, this does not lead to a change in the contractual parties or even the contractual relationships themselves. If the customer of such an order causes us to change the invoice recipient, this customer tacitly assures us already during the order that the invoice recipient has consented to this. Order execution time and delivery dates are generally to be regarded as open. The dates for the execution of the order described in the offer or in the order confirmation and its end correspond to the status of the planning in the advances. If, for whatever reason, delivery dates are not to be held, the contractor shall inform the customer immediately after his knowledge. A reasonable period of at least four weeks is the responsibility of the client. After expiry of this set period without success and after expiry of a further, final and reasonable grace period of two weeks, the customer can withdraw from the contract. The services commissioned by the client and already accepted can be calculated independently of this. Fixed periods or calendar times for the performance of the services of the contractor are only valid if this was expressly recorded in writing as a fixed period, calendar time or as a “binding date” by the customer in writing in the order confirmation. In the case of fixed periods, calendar times and binding dates, the customer has the right to withdraw from the contract immediately free of charge in the event of time errors only if there is actually no longer a period. Until the time of the written notification of the withdrawal from the contract, the services already provided by the customer and accepted by the customer can be calculated. In circumstances and force majeure which concern partial services or the entire performance of the contractor, in which accepted contracts cannot be performed, and the contractor is not responsible for this, the contractor is entitled, even in the case of confirmed fixed periods and calendar times of performance and services already in execution, excluding any claims for damages, either to the extent of
shorten the order or execute the order later. In this case, a previously agreed period shall be suspended or extended by the duration of the delay. The customer is entitled to withdraw from the contract at the earliest four weeks after the occurrence of a disturbance not caused by him or by external circumstances. Liability by the Contractor is excluded in these cases. However, the exclusion of liability does not apply in the case of intentional or grossly negligent damage caused by the contractor.
3. Execution of the order, data collection form and written order confirmation Basis of the order execution by the contractor are orders after prior inspection of the boat, yacht or ship. This can only be dispensed with if the customer provides the necessary information on a data collection form provided by the contractor and provides digital images of the condition of the surfaces to be coated to the contractor. The data shall be provided by the contractor in the file formats specified in the data collection document. Different file formats and missing data can cause a faulty performance, for the damage of which the contractor is not automatically liable. The contracting entity shall be fully liable for the completeness and accuracy of this information in the data collection form. If there are transmission errors, but these were not detectable by the contractor or are not responsible, the contractor is not liable for damages. Fonts for ship names or boat names must be converted into paths or the font must be delivered by the customer with permission of use by the contractor. Deliveries of data by the client, or by a third party engaged by him, this also applies to data carriers and data transmitted via the Internet, are not subject to any inspection obligation on the part of the contractor. Data checks are paid extra services. The data backup is solely the client, whereby the contractor is entitled to make and save a copy for the production of the service. Liability for data carriers is excluded, unless the contractor acts grossly negligently or even intentionally.
4. Photographs of the order objects, moving image formats of the order objects The client grants the contractor the temporal, geographical and unlimited right to film and photograph the works (moving image formats and photographs). the contractor is permitted by the client, even without his express consent, to modify, mix, arrange and present or publish document copies of the photographs and moving image contents. and to distribute or send as samples and reference in the sense of good orders as quality samples to outside third parties.
5. Recurring contracts resulting in regularly recurring contracts between contractor and contracting entity may be terminated at the earliest with a period of at least three months at the end of each month.
6. If the copyrights of the contractor are infringed by the execution of an order on the rights of third parties, in particular copyrights and other industrial property rights, the contractor is solely liable for damages. The customer declares with the confirmation of these GTC that he is in possession of the reproduction and reproduction rights and rights of use of the transmitted works under copyright. The client releases the contractor from all claims of third parties.
7. Warranty, liability and right of return The customer has to check the contractual execution of the delivered goods as well as the correction deductions and intermediate statuses transmitted to him in principle. The risk of any errors passes to the customer with the release for printing and the release for production on the boat, ship or yacht. The same applies to all other releases of the client. The customer is obliged to report any defects in writing within one calendar week. Defects which are claimed as hidden and defects which cannot be found after an immediate investigation by the contractor oblige the client to be claimed in writing within 7 days of knowledge of the defects. The customer is obliged to inform the contractor on returns before sending the goods. In the event of a legitimate complaint and in compliance with the prior information, the contractor shall reimburse the shipping costs. Copies in colour digital printing or film cut may contain minor deviations from the previous batch in all production methods and are within the tolerance range of the customer or are not permitted for complaint. The same tolerance range of the Contractor shall be used with regard to a print, sample print or other printouts, even if this print has been done by the Contractor and not only by third parties. For changes in the nature of a printed or unprinted film material for inscription or coating of order objects, such as boats, ships or yachts, which are contrary to the durability shown in the technical data sheets provided by the manufacturers of these materials, we are only liable up to the amount of the order value. The technical data sheets of the materials used can be requested from the contractor at any time upon request before, during and after execution. Liability for the quality is generally waived if the client delivers the material himself even if the contractor fails to explicitly point this out to the client. Any further liability of the contractor is excluded, with the exception of intent or gross negligence. Pause fails to provide the customer or the customer in a printout of the print data and does not deliver it at our request and deadline, and if no release PDF created by us is answered or accepted or signed by e-mail or postalized printout, we are entitled to extraordinary termination of the contract and to assert claims for damages after expiry of the deadline. Complaints or requests for correction will no longer be considered or acknowledged in this context, unless we do so for reasons of courtesy. The defects of a piece or unit of the delivered goods do not entitle the customer to refuse the entire delivery, except that a partial delivery is economically unreasonable. Less or more delivery up to 10% of the ordered number of pieces must be tolerated. If another agreement is concluded in writing, it may be deviated from. If the delivered item is defective, we are entitled to rectification or replacement. If the repair also fails, the customer is entitled to the choice between reducing the purchase price or undoing the contract within the meaning of the statutory provisions of the BGB. Any further claims, for whatever legal reason, are excluded. This shall not apply to intentional or grossly negligent damages. Damage that does not directly affect the subject-matter of the contract is excluded from liability. This exclusion rule applies in particular to any loss of profit or damage to property of the contracting entity. This regulation also applies to damage caused by our workers, assembly representatives or other processing and fulfillment aids. With regard to default damages and damages due to breach of contract essential obligations, we are only liable for damages that are foreseeable for us. If the customer or third parties make changes to the goods delivered by us, our liability is generally excluded, unless the customer proves that the changes for the error or damage are not causally in an adequate causal relationship. All data, samples and provided templates are treated by us with the greatest possible care. The liability for damage or even loss of the item caused by us is only assumed up to the material value. Other claims of any kind are generally excluded, exceptionally this does not apply to intentionally or grossly negligently caused damages. For consumers, the law applies
(BGB) All printer products or film cuts, which are produced individually exactly according to customer specifications, are excluded from the right of revocation under the Distance Selling Act (§ 312d para. 4 No 1 BGB.) For consequential damages due to the delivered goods, the contractor is not liable, unless it is intentionally or grossly negligently caused damage and / or physical or personal damage. The scope of recourse claims is limited to the reimbursement of printing costs and general valid manufacturing costs. Materials such as PVC banners, fabrics for tension cloth systems, flags, films stored and exposed in the weather or in the sun or digital prints, etc. are excluded from the warranty after acceptance. For lighting equipment, goods affected by wear or individual works made according to customer requirements are also excluded from the warranty. In these cases, the defects found must have manufacturing or material defects. For clients as entrepreneurs, we provide improvement exclusively in the manner that we deliver a defect-free article. If the improvement fails, the customer can, at his option, demand the reduction of the price or cancel the contract completely. If the customer withdraws from the contract after a failed repair or declares the request for reduction with regard to the agreed purchase price, the customer is not entitled to any claim for a defect, unless the damage is due to intentional or grossly negligent breach of obligations of the contractor or one of her practitioners or vicarious agents, or a possible damage / injury to life, body or health. The warranty obligation is waived if the object in question has been processed with operating equipment, accessories or materials not procured or approved by us or if the materials supplied have not previously been used by third parties or by the customer in accordance with the processing guidelines of the respective manufacturers or have not been checked incorrectly, in addition, if a company, intervention or work on object and the contractor is thereby thwarted or made impossible the possibility of examining and proving a lack of fault or a lack of joint responsibility. In the case of the accepted assembly work on the object, it is assumed that they can be carried out without hindrance and delays, for example due to lack of preparatory work on substrates. The condition of the object in the actual state must be represented by the customer. Sikaflex joints as well as edge protection paint are wear parts and must be replaced at regular intervals.
Required possible third-party services (e.g. Provision of a stellage or work platforms) can be commissioned by the contractor on behalf of and on behalf of the client, if this has been agreed in writing in the cost estimate. Possible delays and resulting extension of the work until completion and the associated additional work and costs of third parties (e.g. Employee lump-sum in shipyards, hall costs, heating lump-sum on a daily basis) are chargeable and must be borne by the client.
8. Offer prices on the basis of the cost estimate The prices in the cost estimate are, unless otherwise indicated, net, i.e. plus the respective applicable statutory sales tax. Unless otherwise agreed, our prices for installations, films or materials are exclusively without packaging, transport, insurance or other services, which must always be shown and charged separately. If an order is subsequently changed after our acceptance of the order at the request of the customer, the initiated changes to the order must be billed as separate and additional services. If the client wishes the modifications of the commercial order documents (e.g. also free information such as invoice recipient, delivery address, payment methods, etc.), the contractor will invoice this process lump sum with a fee of 12.50 € plus the statutory sales tax on the invoice document. The possible change to supplied, transmitted or created by us data and subsequent order and
release-based preliminary work (e.g. Graphic works), which are initiated by the client, are calculated separately at the flat-rate average hourly rate of the original cost estimate plus statutory sales tax. The client assures the contractor, which is not obliged to independently carry out necessary preparatory work and changes, in particular to the transmitted or handed over data and drafts of the client without consultation with the latter, if this is in the economic or interest of the client, contributes to compliance with the completion date of the contract or is necessary to reach the design level in order to: aesthetically high result. With regard to this previously described regulation, the client grants the contractor creative freedom within the necessary limits. This work is calculated according to their respective additional time expenditure. If it is foreseeable that the client thereby additional costs exceeding 10% of the total of the order, for the exceeding portion of the additional costs exceeding 10% of the total of the order (at least 125,-€ plus statutory sales tax ), the consent of the client is to be obtained in advance, insofar as possible, for the execution and later billing of these costs. The prices for the assembly, even if they are agreed as fixed prices, do not include such costs that are incurred by the client or commissioned third parties of the client (e.g. representatives of the shipyard of the contracting entity) circumstances for which such delays occur or additional work is required. The additional expenses of labor, time and material expenses based on this are charged to the client. Within the framework of the same legal relationship, restraint rights can be asserted by the customer. Claims against us are in this context and generally not assignable. In case of non-payment, the customer will be in default at the latest 30 days after receipt of the goods and invoice. A potential consumer has to interest the debt in the amount of 5% above the base interest rate during the delay. In the event that an entrepreneur commissions us, he has to interest the debt in the amount of 8% over the basic interest rate during the default. We reserve the right to prove and assert a higher default damage to the entrepreneur.
9. Shipping of ordered items registered office of the company yacht-folie.de (a trademark of wt-net.org Franziska Krause and thus registered office of this company) is Werder / Havel. Deliveries are made to the delivery address specified by the customer. If this delivery address changes, our confirmation must be obtained. Shipping and transport are at the expense of the client and must be shown in the offer. In the contractual relationship with the customer, the customer bears the risk of deterioration or sudden loss from the time the goods are handed over to the forwarder or the carrier, at the latest on leaving our sphere of influence, such as the workshop or office space. In the event of external damage to a shipment, this must be accepted by the customer only if it can be ruled out that damage has occurred on the part of the forwarder/cargo driver. If the examination is not carried out and the delivery is accepted, and the goods are accepted as then damaged, all claims for damages from this shipment against us shall expire.
10. Releases, performance and delivery of our goods Product descriptions of a general nature, seeming drawings, samples, models or other data are usually only approximate visuals and are only binding if this has been confirmed expressly and in individual cases in writing. The basis of the production is the “PDF release” to be released by the customer, in which all relevant data and impressions are contained. Changes of plan or form are reserved, unless there is a significant change of the underlying works.
11. Reservation of title for our goods We reserve the right to own the goods delivered by us until full payment of the purchase price if the customer is a consumer within the meaning of the BGB. In contracts with clients who are entrepreneurs, we retain the property
on the delivered goods until the full settlement of all claims arising from the business relationship with us. Requirements of the client arising from any further sale or processing of the goods (subject to this) will be tacitly assigned to the contractor. These serve to the same extent as the goods. If the material or the goods is sold by the customer together with other goods not provided by the contractor, the assignment of the claim arising from the resale shall apply only in half of the value of this resale of the respective total goods sold. If third parties access the goods and claims belonging to the contractor, this access must be communicated to us by the customer immediately. In the event of non-contractual behavior of the client, in particular in the event of default of payment or in the event of breach of one of the above obligations, the contractor is entitled to withdraw from the contract and at the same time demand the goods back.
12. Payment of the amounts (net price + statutory sales tax) from receipt of the invoice must be made within 5 calendar days from the invoice date without deduction, unless separate agreements regarding the payment term have been agreed. The customer hereby expressly grants the contractor the right of electronic invoice transmission. The above deadlines apply accordingly. The delivery by the contractor is to be assumed if the transmitted e-mail does not return to the systems as undeliverable. Invoices are issued with delivery date, partial delivery or ready for delivery (debt, delay in acceptance). The contracting authority/entity shall be late in paying the invoice if he/she does not make the payment within 30 days of the due date and receipt of the invoice or equivalent invoice. In the event of a delay in payment, at least the statutory default interest is calculated in accordance with § 288. For all orders, the following payment terms are agreed: Upon order confirmation on our part, the advance payment of all materials against invoice is due. The contractor can have the materials delivered to a place of his choice on request, but we usually transport the materials and workpieces on the agreed assembly date to the place of assembly or production of the complete plant without further arrangement. Upon access of the material to the client or arrival of the materials in our workshop, 50% of the agreed assembly price is due. When the assembly work begins, 25% of the assembly costs are due in advance. Foreign orders only against 100% advance payment. After completion of the work, the final payment of 25% of the assembly costs is due. The acceptance of the work will take place at the latest after completion by the client. If the acceptance has not taken place and the customer does not comply with the acceptance, the acceptance shall be deemed to have been carried out if the customer does not object within the period of 30 calendar days after request by the supplier. The customer must participate in the acceptance and this must be recorded accordingly. In particular, these designs and documentation are required for proof to the manufacturer of the materials. If the customer does not comply with his duty of cooperation for acceptance and documentation, the liability of the contractor also waives due to possible processing errors according to the processing guidelines of the film manufacturers. If we become aware of the material deterioration in the client's financial situation and if the fulfilment of the payment entitlement is jeopardized because of this material deterioration in the client's financial situation which has become known after the conclusion of the contract, the contractor is entitled to perform further works and deliveries from the complete prepayment or by providing an absolute, unlimited and unlimited guarantee of a make the financial institution dependent on the amount of the costs owed under the contract, retain the goods and stop the further work. The contractor is also entitled to this procedure if the customer is in default with the payment. The right
for offsetting claims against the Contractor exists only if these claims have been legally established or the Contractor has agreed to these claims in writing. New customers pay the full gross price of the invoice upon collection and delivery of the goods against immediate cash payment.
13. Printings and copyright In the transport and in contracts with entrepreneurs for the production and delivery of prints, the usual procedures of the industry of the printing industry apply (no entitlement to the publication of products, intermediate statuses or data, prints, devices or manufactured objects of the work or product), unless otherwise agreed in writing. We retain all rights to highly created creative developments, image or text marks, impressions or other graphic designs. With the assignment of the respective simple and limited right of use and the unique object-related usage relationship itself, the customer receives, however, not the unlimited rights to intellectual property of a spatial, temporal nature, in particular not the right of further use such as the production and sale of copies. The right of use can only be transferred to the customer or a possible third party for a fee by the contractor or the copyright owner. The submission of the extensive and unrestricted rights of use requires a separate contract for the use and in this case arise only with payment of the agreed fee of the client.
14. Documents, data and consent to data processing The data of the client is stored for processing by the client. Pause The objects introduced or sent by the customer, such as templates, enjection data and or storage media, are archived without exception after written agreement and only against a previously determined fee and via the mutually agreed start of the contract and time of handover of the product. The objects are received uninsured. If the customer wishes insurance cover, he must cover this insurance cover himself. Liability by the Contractor for loss, destruction or loss, irrespective of reason, is excluded. If we send design or production data or other documents relating to the order to the client or a commissioned third party, this is done exclusively against payment, without requiring a special agreement or written agreement. This data processing fee amounts to a flat rate of 23,00 € per case in the related order. Sales tax and additional possible transport and/or courier service costs. Within the framework of the order, and in connection with the interests of the client worthy of protection, based on the legal data protection provisions, we exchange data with companies such as economic information agencies on credit relationships of the contracting entities. The client declares with the recognition of our GTC his consent to this procedure.
15. Rights of use for the contractor, residual waste and residual material recycling. The client grants the contractor permission to keep copies as samples of the prints and to issue, send and give them as a reference for interested parties and potential customers. In addition, the contractor receives the right from the client to store the photographs or moving image content about the work and to process this data and in particular to present and / or put into circulation on the Internet, social media or on printed brochures. An obligation to name the client by the contractor does not arise. Overhangs on pressure pieces are fed to the recyclable material cycle for reasons of sustainability. In principle, the customer ensures the disposal of the residual waste arising from the processing of the material on the object. In agreement, the contractor will take care of the disposal for a fee.
16. The law of the Federal Republic of Germany applies, but the provisions of the UN Sales Law do not apply.
17. For all agreements concluded by the contracting parties, Herder (Havel) is agreed as the place of performance and Potsdam as the place of jurisdiction. This applies to all claims, claims and legal disputes arising from the contractual relationship. In particular, improvements and warranties are carried out in Werder ( Havel), unless otherwise agreed.
18. Salvatorial clause In the event that a single provision of these GTC is ineffective, the other provisions shall not be affected in their effectiveness. Rather, the ineffective determination is to be replaced by an effective determination that comes closest to the sense, the supposedly ineffective determination.
Stand 07/2016