Terms & Conditions
Last updated: [date]
1. General Provisions
We provide services for commercial and non-commercial clients. When placing an order (by phone, email or via our online order form), the client indicates whether they are acting as a business, self-employed professional or private individual.
The following terms and conditions apply to all current and future contractual relationships, services and offers. They take precedence over any conflicting purchasing conditions of the client. The relevant statutory provisions apply additionally. The client’s purchasing conditions are only binding if confirmed by us in writing prior to conclusion of the contract.
The contract is concluded upon our order confirmation (usually by email). If no confirmation is issued, the contract shall be deemed concluded at the latest upon the client’s acceptance of the first service delivered. Information regarding prices, services or warranties is only binding if confirmed in writing. This applies equally to information on our website or in marketing materials.
2. Prices and Payment Terms
All prices are stated in euros (€) and, unless otherwise agreed, are to be understood as fixed prices. The prices of the currently valid price list at the time of contract conclusion shall apply. Additional costs arising after conclusion of the contract may be charged to the client.
Payment is due, depending on the agreement, either in advance or within 14 days of invoicing without deduction. Upon expiry of the payment period, the client shall automatically be in default without the need for a further reminder. The date of receipt in our account shall be decisive for the timeliness of payment. Bank charges or other transfer costs shall be borne by the client.
In the event of late payment, reminder fees of €5.00 per reminder shall apply; statutory default interest shall additionally apply. We reserve the right to suspend services or require advance payment if there are justified doubts as to the client’s ability to pay.
3. Quotations
Our quotations are non-binding.
4. Service Delivery
Delivery times we indicate are non-binding unless expressly agreed otherwise in writing. The time period begins at the earliest when all documents and information necessary for the provision of the service have been received by us and any agreed advance payment has been received.
Should delays occur due to unforeseeable circumstances (e.g. force majeure, official measures, labour disputes), the deadline shall be extended accordingly. If performance becomes impossible due to such circumstances, we shall be entitled to withdraw from the contract. Claims for damages by the client in such cases are excluded.
5. Warranty
Obvious defects or deviations in the service provided must be reported in writing immediately, but no later than 3 calendar days after the service has been rendered. Hidden defects must likewise be reported in writing immediately, but no later than 3 calendar days after their discovery. Otherwise, the service rendered shall be deemed accepted without defect.
In the event of a justified notice of defect, we have the right to rectification. Should rectification fail, the client may choose between a reasonable reduction in price or withdrawal from the contract.
6. Liability
Our liability is limited to damages that we could foresee at the time of contract conclusion as a possible consequence of a breach of duty, or that we should have foreseen by applying ordinary diligence.
If we provide advisory services outside the agreed scope of the contract, this is done free of charge and without liability. The place of performance and jurisdiction for all disputes is Recklinghausen, Germany. The law of the Federal Republic of Germany shall apply.
7. Final Provisions
Should any provision of these Terms and Conditions be invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the original provision.