General Terms and Conditions (GTC)
As of: September 2012
§1 General
The following general terms and conditions (GTC) are part of every contract with Konstantin Elstner. Sales and delivery are made only under the following conditions. Deviations from this contract are only effective if agreed in writing.
§2 Offers
a) All offers are subject to change and non-binding. A contract is only concluded when Konstantin Elstner confirms an order or order confirmation in writing or by email, or when the customer explicitly confirms an offer by email or fax.
b) Insofar as Konstantin Elstner uses third parties to provide the offered services, these do not become contractual partners of the customer unless expressly stated in writing.
c) Insofar as Konstantin Elstner provides free services, these may be discontinued at any time without prior notice. No claims for reduction, refund, or damages arise from this.
§3 Delivery Period
If the agreed delivery date is exceeded by more than two weeks, the customer may only assert rights due to delivery delay if Konstantin Elstner has been granted a grace period of at least two weeks and this period has expired.
§4 Acceptance/Contract Withdrawal
a) If the customer withdraws from the contract, or if the customer does not accept the goods, or only partially does not accept them, they are in default of acceptance. In the event of default of acceptance, Konstantin Elstner is entitled to insist on contract fulfillment or, alternatively, to demand damages for non-performance. As damages, Konstantin Elstner may demand 80% of the agreed sales price underlying the order.
b) Konstantin Elstner is entitled to terminate the contract unilaterally at any time in accordance with paragraph a). If the customer violates §7 of these GTC and termination occurs for this reason, it may happen without notice. Amounts already paid will not be refunded.
§5 Data Security
The customer indemnifies Konstantin Elstner against all third-party claims regarding the data provided. Insofar as data is transmitted to Konstantin Elstner in any form, the customer creates backup copies. In the event of data loss, the customer is obligated to transmit the relevant data to Konstantin Elstner again free of charge.
§6 Content
The customer is responsible for the content of their order. By placing the order, the customer assures that they will not publish any content that causes public offense, represents political extremist positions, defames persons, or otherwise violates applicable law. The customer indemnifies Konstantin Elstner against any liability and third-party claims.
§7 Warranty
a) The customer is obligated to inspect the delivered goods/services for defects immediately upon receipt or upon invoicing. The customer must report any obvious defects to Konstantin Elstner in writing immediately, at the latest within one week of receiving the goods/services.
b) Konstantin Elstner assumes no liability for disruptions within the internet or for system failures due to force majeure.
§8 Payment/Payment Default
Payments are due within 14 days of receipt of invoice, without deduction. Written discount or payment agreements take precedence. If the customer is in default of acceptance, Konstantin Elstner may demand advance payment. If the customer is in arrears with due payments, Konstantin Elstner is entitled, after a deadline of 20 days from the invoice date, to block access to the relevant offer until the outstanding amount has been received in full. Payment is made by bank transfer unless otherwise agreed.
§9 Retention of Title / Copyright
a) Konstantin Elstner retains ownership of all goods/services delivered until the customer has paid all claims to Konstantin Elstner, regardless of the legal basis.
b) The copyrights of the services provided remain with Konstantin Elstner, in accordance with applicable general copyright laws.
c) Unless otherwise agreed in writing, Konstantin Elstner is permitted to publicly advertise with the services provided and to include the work in their references.
d) In the case of freelance cooperation/collaboration, Konstantin Elstner is permitted to advertise with their services, stating the original client and customer.
§10 Final Provision and Place of Jurisdiction
Should individual provisions of these general terms and conditions not comply with statutory provisions, the statutory provisions provided for this purpose shall apply. The unaffected provisions remain unaffected by this. The place of jurisdiction is Dresden.