Studio Nele Vos
Tel: 0162 3033626
VAT number: 60 825 314 746
GENERAL TERMS AND CONDITIONS
§ 1 Applicability of the General Terms and Conditions
By placing an order, the client acknowledges their applicability. Deviating agreements can only be made legally effective in writing. These General Terms and Conditions shall take precedence over any terms and conditions of the client or the intermediary.
§2 Cost Estimates, Cost Estimates, Contractual Relationship
Cost estimates and quotations are free of charge and non-binding. A contractual relationship on the terms stated in the cost estimate shall only exist after the order has been placed by the client. The prices stated in the cost estimate assume that the underlying order data remain unchanged and are complete. The period of validity of the cost estimate is two months after the date of preparation. Verbally agreed upon special conditions, as well as time and date agreements become effective only after their written confirmation by Studio Nele Vos. Cost estimates can only serve as a price orientation due to the incompleteness of the submitted project information. Contractual relationships are always based on cost estimates.
§ 3 Copyright regulations
- All copyrights and ancillary copyrights of the created works (according to §2 UrhG) are entitled to Studio Nele Vos.
- The client is granted the rights of use necessary for the respective purpose. A passing on of the rights of use to third parties requires the written agreement with Studio Nele Vos. The rights of use go over only after complete payment to the client.
- Intermediate results, draft drawings etc. do not acquire rights of use by the client. They may not be carried out without agreement of Studio Nele Vos, be utilized or passed on to third parties.
- If works of Studio Nele Vos are published in newspapers, journals, magazines, brochures or other print or other printed matter, Studio Nele Vos is to be named as picture author.
- Studio Nele Vos may use the created works for own advertising purposes without restrictions. If a publication may not take place for any reasons, as for example with secrecy, then is for it on the part of the client in the apron to designate, in which extent and at which time the works may be published. These regulations must be defined in writing and become valid when the order is placed.
§ 4 Ownership of the design
- The ownership of the design is Studio Nele Vos. Studio Nele Vos leaves the drafts to the contracting partner against agreed and appropriate fee for the agreed use. If this is the case, the permission of use is also only in the scope of point 3.2. as granted.
- Studio Nele Vos will archive the designs without legal obligation. In case of loss or damage the contracting partner is not entitled to any claims.
§ 5 Loss and damage
- In case of loss or damage of designs produced on order Studio Nele Vos is liable – for whatever legal title – only for intent and gross negligence. The liability is limited to own fault and that of his servants. Every liability is limited to the free repetition of the designs (if and as far as this is possible). The client is not entitled to any further claims.
- A valorization of the mentioned amounts remains reserved.
§ 6 Performance and warranty
- All data given to Studio Nele Vos will be treated strictly confidential.
- For defects, which are due to incorrect or inaccurate instructions of the contracting party, is not liable. In any case Studio Nele Vos is only liable for intent and gross negligence.
- The contracting partner carries the risk for all circumstances which are not in the person of Studio Nele Vos, like provision of data in time.
- The dispatch of the visualizations takes place on digital way. If the client wishes a printout and dispatch of the visualizations on the post office way, then this is separately computed. Shipments shall travel at the expense and risk of the contracting party.
- Unless otherwise agreed in writing, the contract partner is entitled to two improvement claims by Studio Nele Vos. In this case the delivery of the first and second advance is carried out in low work resolution. Only the supply of the third and last version of the drafts takes place after release by the customer in the before in writing agreed, high resolution (pixel).
- Change requests, which arise after the release of the visualizations, are liable to pay costs. The changes will be charged at the valid hourly rate.
- If a visualization is provided after order to a fixed price and results, for example, by change made by customer to the source data, an additional expenditure for studio Nele Vos, then this is charged – if not expressly differently agreed – at the valid hourly rate. The same is valid for representation variants which are not included in the offer.
- A claim to color authenticity and material effect can not be guaranteed due to the variation of exposure ratios and digital image processing.
§ 7 Remuneration for work
- In the absence of an explicit written agreement Studio Nele Vos is entitled to a remuneration for work (fee) according to the respective workload.
- The fee is entitled even if an exploitation is omitted or depends on the decision by third parties. In this case, no price reductions will be granted on the order fee.
- If the contracting partner takes distance from the execution of the given order for whatever reasons, Studio Nele Vos is entitled to half of the fee plus all actually resulted additional expenses in the absence of other agreement. In the case of absolutely necessary date changes a fee corresponding to the futile produced and/or reserved time expenditure and all additional expenses are to be paid.
- The fee is exclusive of value added tax at the respective statutory rate.
§ 8 Payment
- The invoices issued by Studio Nele Vos are due for payment within 14 days from the date of invoice. The invoices are payable without any deduction and free of charge. In the case of sending (postal order, bank or postal savings bank transfer, etc.) the payment is considered only with receipt of payment. The risk of the postal route of judicial submissions (lawsuits, execution applications) shall be borne by the contractual partner. If the contractual partner (client) refuses acceptance due to defective fulfillment or asserts warranty claims, the fee shall nevertheless be due for payment.
- In case of default, interest and compound interest in the amount of 9% above the base interest rate (according to § 247 BGB) from the due date shall be deemed to have been agreed upon, notwithstanding any exceeding claims for damages.
- Dunning charges and the costs of – also out-of-court – legal intervention shall be borne by the contractual partner.
- Insofar as delivered drafts become the property of the contractual partner, this shall only occur upon full payment of the recording fee including ancillary costs.
§ 9 Final provisions
- Place of fulfillment and jurisdiction is the company seat of Studio Nele Vos.
- The product liability law (ProdHaftG) is not applicable; in any case a liability for other than personal injury is excluded if the contracting party is an entrepreneur. In all other respects, German law shall be applicable, which shall also take precedence over international sales law.
- Indemnification and hold harmless shall also include the costs of extrajudicial legal defense.
- These General Terms and Conditions shall not apply insofar as mandatory provisions of the KSchG conflict therewith. Partial invalidity of individual provisions (of the contract) shall not affect the validity of the remaining provisions of the contract.
- These General Terms and Conditions shall apply mutatis mutandis to designs produced in accordance with the order, irrespective of the process and technique used.
- Email correspondences are accepted by the client as conclusive.
- The contractual relationship shall be governed by the law of the Federal Republic of Germany.
Nele Vos / Studio Nele Vos assumes no liability for the content of external links.
As a precaution, we hereby distance ourselves from the content of all linked pages and their sub-pages.
RIGHTS OF USE
The copyright of the content of the website nelevos.com is owned in full by Nele Vos / Studio Nele Vos, Berlin unless otherwise stated.
All rights reserved.