General Terms and Conditions – D.Akopyan D.Kissmann W.Krappen GbR (Status: 01.05.2021)

The following general terms and conditions of – D.Akopyan D.Kissmann W.Krappen GbR apply to all contracts for the production and delivery of websites and/or other services between the client and „ – D.Akopyan D.Kissmann W.Krappen GbR“ as contractor (hereinafter: user or GbR):

  1. Written form 

All agreements between the purchaser and the user serving the execution of the contract must be in writing. Verbal agreements shall only become effective upon written confirmation by the User. The User shall be entitled to modify these General Terms and Conditions subject to a reasonable notice period.

  1. Conclusion of Contract, Delivery 

Offers made by the User are subject to change without notice and are non-binding, unless expressly agreed to be binding. Specified delivery dates or delivery periods are not binding. Fixed dates are only delivery dates expressly designated and agreed as such.

The User shall be entitled to make partial deliveries and render partial services, provided that this is reasonable for the Customer. The prerequisite for the start of a delivery period or the obligation to meet a delivery date is the timely and complete provision of all documents, photos, files, plans, graphics, etc. required for the execution of the order and complete and suitable materials, insofar as the client requests the use of materials to be provided by the client.

If, after the order has been placed, the Client fails to meet the above obligations promptly, requests additions/changes to the order or circumstances arise which make it impossible for the User to meet the delivery date/delivery deadline or only make it possible at unreasonable expense, the delivery date shall be postponed by a reasonable period of time.

  1. Execution, Content 

Unless the use of content to be provided by the Client is expressly agreed with the Client, the User shall be responsible for the selection of content as well as the manner of execution and design. If the design of parts of a website is not possible with a reasonable (cost) effort in accordance with the customary practice, the User shall be entitled to declare the withdrawal from the contract insofar as no reasonable adjustment of the contract (e.g. price adjustment, simplification of the website) can be agreed upon in coordination with the Client within a period to be determined by the User.

Liability for content-related deviations, changes in the appearance or stability of the website is expressly excluded. Insofar as the User commissions external services in agreement with the Client in the Client’s name and for the Client’s account, any liability of the User for damages/defects of the external services as well as for the effects of delivery delays in this regard on the delivery date is also expressly excluded.

  1. Defects, Liability 

The statutory provisions shall apply unless otherwise stipulated below. In the event of a defect for which the User is responsible, the User shall be entitled to remedy the defect or to make a replacement delivery. The Customer shall inspect the Website for defects without delay and notify the User of any defects found immediately, at the latest within 3 working days of delivery, in writing with a concrete description (if necessary, photographs). Defects that cannot be detected must be reported immediately, at the latest within 3 working days of becoming known -as before-. Missing or untimely notification of defects shall lead to the exclusion of all warranty claims and claims for damages.

The User shall bear all costs necessary for the rectification of defects, with the exception of additional costs incurred due to the transport of the subject matter of the contract to a place other than the place of performance, provided that the notification of defects is made in due time. If it is not possible to remedy the defect or if the User is not willing or able to remedy the defect/replace the delivery, the Customer may withdraw from the contract or demand a reasonable reduction of the agreed remuneration. The assertion of further claims, in particular claims for damages, is excluded unless the User is responsible for intent or gross negligence or the absence of warranted characteristics is claimed. The aforementioned exclusion periods shall also apply in this respect.

  1. Copyright, retention of title 

If the rights of third parties (e.g. copyrights) are violated by specifications of the Client for the execution of the order or by a later use/modification of the web pages/objects by the Client, the Client shall release the User from liability in this respect.

In the absence of any written agreement to the contrary, any information provided to the User in connection with the order shall be deemed to be non-confidential.

The User may produce photographs of the result as well as other digital records/files and sample and comparison pages and use/publish these as reference objects.

The User shall be entitled to the property rights and copyrights to all drawings/plans, illustrations, photos and calculations, drawings, photos, etc. produced by the User, as well as to other industrial property rights. Any transfer to third parties requires the prior written consent of the User.

The User retains ownership of the website created by the User until full payment has been received.

  1. Transfer of Risk 

With the delivery to the client or transfer of the manufactured website/object to a webhosting service provider, into the hands of the employees or other person/company designated for the provision/processing, the risk is transferred to the client.

  1. Terms of payment 

All prices do not include packaging and shipping, which can be agreed separately at the request and expense of the client. Payment is due in accordance with the contractual agreement, but no later than upon delivery of the subject of the contract. Default without separate payment reminder 10 days after due date.

  1. Place of performance, place of jurisdiction 

Place of performance, place of jurisdiction for deliveries and payments and any disputes arising from the contractual relationship between the User and the Customer shall be the User’s registered office.

  1. Severability clause 

Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The User and the Client undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision and the economic purpose of the contract.