Conditions
1. General
The following general terms and conditions (GTC) are part of all contracts (in written and electronic form) with the company:
Estate Stories
Eichhorn GmbH
Rathelbeckerweg 58
D-40699 Erkrath
2. Scope
The agency for web design and marketing of real estate (hereinafter referred to as Estate Stories) provides all deliveries and services exclusively on the basis of these general terms and conditions. The terms and conditions also apply to future business relationships without another express agreement. Deviating terms and conditions of the customer are not part of the contract unless they are expressly recognized in writing by Estate Stories. The performance of services by Estate Stories does not imply acceptance of the customer's conditions.
3. Placing of Orders
The Estate Stories offers mentioned in brochures, price lists, catalogues, circulars and other publications are non-binding and subject to change. Estate Stories submit a contract offer at the request of the customer and is bound to this contract offer for 20 days. Estate Stories reserves the right to improve or change the contractually agreed services, provided this is reasonable for the customer and the customer does not suffer any significant disadvantage as a result.
4. Conclusion of contract
Orders are accepted with a written order confirmation by letter, fax or electronic order confirmation by email on the terms of these General Terms and Conditions. Oral special conditions require written confirmation to be effective.
5. Order Flow
After receiving the written order confirmation from the client, Estate Stories starts work and creates a corresponding sample design. Websites are made available to the client for testing and acceptance. The client has the right, after inspecting the draft, to request changes or improvements or (if the draft is absolutely not to your liking)
ask for a second sample. Requests for changes that go beyond this result in a billing of the additional work incurred on the basis of the agreed hourly or daily rate.
6. Delivery time and appointments
Delivery dates and appointments are subject to agreement. If, after the order has been placed, the customer requests changes to the order that affect the production time, the delivery time will be extended accordingly.
7. Acceptance Estate Stories will inform the customer when the contractual service has been rendered in full and can be accepted. After access, the customer isdeclaration of completion obliged to accept the contractual service immediately and may not refuse it for creative or artistic reasons. There is freedom of design within the scope of the order. The services rendered are deemed to have been accepted in accordance with the contract without any express declaration and will be invoiced if the customer cancels within 10 working days of the transmission of thedeclaration of completion (also in electronic form) does not issue a declaration of acceptance and does not make any other statements.
8. Terms of Payment
The agreed remuneration is due net without deductions within 1 day of the invoice date in accordance with the applicable price list, individual offers made or special written agreements made. In the event of a delay in payment, Estate Stories can charge interest on arrears at a rate of 6% p.a. above the respective base interest rate of the European Central Bank. The assertion of a proven higher damage remains unaffected by this, as does the entitlement of the customer to prove a lower burden in individual cases.
9. Customer Obligations
The customer is obliged to provide the necessary data in a timely manner and in a form suitable for the order. This includes in particular the content to be entered for the websites to be created. Insofar as Estate Stories provides the customer with drafts and/or test versions, stating a reasonable period of time to check for correctness and completeness, the drafts and/or test versions are deemed to have been approved upon expiry of the period, unless Estate Stories receives a written request for correction.
10. Retention of Title
Estate Stories retains title to the deliveries and services provided until all claims from the ongoing business relationship have been settled in full. If the customer is in default of payment, Estate Stories can - without prejudice to other rights - withdraw from the contract and demand the service rendered from it.
11. Copyright and Attestation
The legal owner of the contractual services is Estate Stories. All designs as well as that of
The work created by Estate Stories is protected by copyright, but aimed at granting rights of use to the work. With the payment of the remuneration, the customer usually acquires the unrestricted rights of use. The scope of the customer's exploitation and usage rights can be expanded by individual contract. Customer suggestions used for the work do not constitute a co-copyright. The customer is obliged to accept all protective notices such as copyright notices and other legal reservations unchanged.
12. Brokerage of disk space and domain names
For all points relating to the provision of storage space and domain names, we refer to the terms and conditions of the respective web host / provider. If the customer applies for the mediation of a de. domain, he undertakes to comply with the assignment guidelines of the responsible "DENIC eG" (= German domain assignment office). The allocation guidelines of DENIC eG for domain registration can be viewed at www.denic.de. For all other domain registrations, the allocation guidelines of the responsible registration authorities are decisive. The customer will inform himself about these and accept them.
13. Warranty and Defects
Estate Stories undertakes to carry out the order with the greatest possible care, in particular to treat any templates, documents, samples etc. provided with care. In the event of poor performance, Estate Stories undertake to rectify the defect free of charge at their own discretion. If the rectification fails (e.g. in the event of culpable impossibility), the client cannot assert any claims for damages, except in the case of intent or gross negligence, but can only demand a reduction in the price or, in the case of impossibility through no fault of his own, cancellation of the contract.
Estate Stories expressly points out that the software products deployed or used for the order may contain security risks. Estate Stories is not liable for damage or defects caused by the software used.
14. Liability
Estate Stories is liable for the professional and careful provision of services and the freedom from defects of the contractual services. Estate Stories is liable for intent and gross negligence. Estate Stories is only liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, as well as in the event of damage resulting from injury to life, limb or health of persons stipulation of the Product Liability Act. The client guarantees that the content and information provided by him does not illegally infringe the rights of third parties. He hereby releases the webdesigner from any claims in this context and reimburses him for the reasonable costs of legal defense.
15. Privacy and Confidentiality
Insofar as data is transmitted to Estate Stories - in whatever form - the customer shall make backup copies. We would like to point out that personal data is stored as part of the execution of the contract. We process personal data in accordance with the provisions of Regulation 2016/679 of the EU - the so-called General Data Protection Regulation. Estate Stories undertakes not to use any business and trade secrets, as well as confidential information of the client and its clients that became known during the work for the client, without the prior consent of the client or to pass them on to third parties. The same applies to the documents handed over to him and the knowledge communicated. In addition, the contracting parties agree to confidentiality with regard to the content of the contract and knowledge acquired during the execution of the contract. The confidentiality obligation also applies beyond the termination of the contractual relationship.
16. Third Party Rights
The customer assures that the content provided by him does not violate legal prohibitions and morality, and that no third-party rights are violated. If these obligations are violated, Estate Stories is entitled to terminate the contract without notice. The customer is liable for direct and indirect damage resulting from the breach of the aforementioned obligations, including financial damage.
17. Self-Promotion
The client agrees that Estate Story's services and deliveries, even if they are based on customer templates, may be used publicly as a reference, included in a reference list for advertising purposes and set appropriate links.
18. Jurisdiction
Unless otherwise stated in the order confirmation, D-Wuppertal is the place of jurisdiction. The law of the Federal Republic of Germany.
19. Final Provisions
Should individual provisions of the contract and/or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Instead of each ineffective provision, a replacement provision corresponding to or at least coming close to the purpose of the agreement applies, as the parties would have agreed to achieve the same economic result if they had known of the ineffectiveness of the provision. The same applies to incompleteness. Status: 01.08.2018
