General Terms and Customer Information
- Scope of Application
- Offers and Service Descriptions
- Order Process and Conclusion of Contracts
- Prices and Shipping Costs
- Delivery and Availability of Goods
- Terms of Payment
- Retention of Title
- Warranty for Material Defects and Guarantee
- Right of Use and Copyright
- Storage of the Contract Terms
- Final Provisions
a) werkside GmbH (the “Company“) offers designs for book covers (the “Cover(s)“) via catalogues and its own online store;
b) The Company grants interested parties (the “Customer(s)“) a limited right of use for these covers for payment;
c) Rights of use can be requested directly from Company or via the online store.
Scope of Application
1.1 The business relationship between Company and Customer is governed by the following General Terms of Business (the “Terms”) in their version valid at the time of placing an order.
1.2 You can reach our customer service for questions, complaints and objections workdays from 10:00 a.m. to 6:00 p.m. at +49 89 – 45 23 509 – 0, as well as by e-mail at firstname.lastname@example.org.
1.3 A consumer in the sense of these General Terms is any natural person that concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of Customer are superseded by these Terms, unless expressly states otherwise by Company.
Offers and Service Descriptions
The presentation and description of Covers in catalogues, websites and the online store of Company (the “Product Description”) is only an invitation to trade and does not in itself constitute an offer. Product Descriptions do not constitute an assurance, warranty or guarantee. All offers are valid “while stocks last”, unless otherwise stated in the Product Description. Product Descriptions are not error free.
Order Process and Conclusion of Contract
3.1 Customer can select one or more Covers from Company’s range of designs, without obligation, provide further details for individualisation, and add them in a shopping cart by clicking the button. Within the shopping cart, the product selection can be changed, as well as items removed. Afterwards, Customer can complete the order process by clicking on the “Checkout” button within the shopping cart display.
3.2 Customer submits a binding request to license the covers in the shopping cart subject to to payment of the displayed fees by clicking on the button “Place order subject to payment” (the “Order”). Before submitting the order, Customer can change and view the order information at any time and return to the shopping cart by clicking the “Back” button or by cancelling the order process altogether. Necessary information is marked with an asterisk (*).
3.3 Company will then send an automatic confirmation of receipt to Customer by e-mail, in which Customer’s Order is listed again and which Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the Order of Customer has been received by Company and does not constitute acceptance of the Order. The agreement is only concluded if Company sends the ordered product to Customer within two (2) working days; or if Company informs Customer that the product is available for download by sending a corresponding link to the e-mail address provided by Customer during the ordering process; or if Company confirms the order within two (2) working days with a second e-mail, an express order confirmation or an invoice (the “Agreement”).
3.4 For a period of six (6) months from the conclusion of the agreement, Company archives the ordered Cover. Within this period, Customer can request a repeat dispatch of the ordered Cover through a mean selected by Customer (e.g. by data transfer), subject to a fee of € 50.00 plus VAT.
3.5 The main method of payment for Customer is PayPal.
3.6 Should Company in some cases allow advance payment via bank transfer, then the Agreement is considered entered into upon Company making available its bank account information and payment request. If, despite reminders, payment has not been received by Company within ten (10) calendar days after sending the order confirmation, Company is considered as having withdrawn from the agreement. The order is then void and Company has no obligation to deliver on the Order. As a result, Company and Customer are relieved from all rights and obligation under the agreement. Where the parties have agreed on advance payment by bank transfer, Covers can be kept for a maximum period of ten (10) calendar days.
Prices and Shipping Costs
4.1 All prices stated on Company’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, shipping costs may be incurred. The shipping fees will be clearly communicated to Customer on a separate information page and during the ordering process.
Delivery, Availability of Goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If delivery of the goods fails due to the fault of Customer despite three delivery attempts, Company can rescind the agreement. If necessary, payments already made will be refunded to Customer, without undue delay.
5.3. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries subject to sanctions) on a separate information page or within the respective Product Description.
Terms of Payment
6.1 Customer can choose from the available payment methods within the scope of and prior to completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If third party providers are commissioned with the payment processing (e.g. Paypal), then their respective general terms and conditions apply to the processing of these payments.
6.3 If the payment deadline is a fixed date and Customer has not made full payment until that date, Customer is deemed to be in default and subject to interest rates as stipulated by law.
6.4. The obligation of Customer to pay interest does not exclude the assertion of further damages by Company.
6.5. Customer can only set-off payments against claims for which an enforceable title has been issued, or where Company has accepted the claim as legitimate. Customer can exercise a right of retention for claims resulting from the same contractual relationship only.
Retention of Title
The delivered goods remain the property of Company until full payment has been received.
Warranty for Material Defects and Guarantee
8.1 Customer’s sole remedy under this Agreement is the removal of deficiencies in the Covers, or subsequent delivery of a defect-free cover , at Customer’s option. If the subsequent performance fails, Customer is entitled to a refund of any paid fees regarding the affected Cover or to withdraw from the Agreement.
8.2 Products are provided without guarantees, except where expressly given by Company. In this case, Customer will be informed about the guarantee conditions before the order process is initiated.
9.1 The following exclusions and limitations apply to any liability of Company for damages, notwithstanding any other legal requirements for claims.
9.2 In addition, Company is liable without limitation for any damages arising as a result of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
9.3 Company is liable for violations of essential obligations under the agreement resulting from slight negligence (leichte Fahrlässigkeit) that endanger the completion of the parties’ obligations under this agreement, or are a pre-requisite to enable the parties to fulfil their obligations in the first place and on which Customer regularly relies on. In this case, Company’s liability is limited to foreseeable damages typically arising out of the agreement. Company’s liability for slight negligence is limited to the above.
9.4 The above limitations do not apply to claims for bodily harm, death, where a guarantee for the quality of the Product was expressly given and in the event of defects concealed fraudulently. Liabilities under the Federal Product Liability Act remain unaffected.
9.5 As far as the liability of Company is excluded or limited, the same limits apply regarding the personal liability of employees, representatives and vicarious agents.
Right of Use, Copyright and Property rights
10.1 Company grants Customer the exclusive right to use the ordered covers for the editions in the respective book market and with the title stated on the cover. The use extends in particular to e-books, paperbacks, hard covers, audio books / audiobooks, collective editions, anniversary editions and use for advertising purposes. The motif of the cover must not be alienated or modified. The Cover may also not be altered or modified.
10.2 The right of use is not limited in time.
10.3 The right of use is not transferable. It may only be exercised by Customer.
10.4. Company is not aware of any property rights and/or copyrights of third parties, with the exception of rights, which are entitled to contractual partners of Company, upon conclusion of the contract after a previous extensive examination of the industrial property rights situation.
10.5 Company will defend Customer against all claims resulting from an infringement of a property right and/or copyright of a third party regarding the Covers, provided these claims are the result of the negligent failure of Company to identify such a right. Company will bear all judicial costs and amounts awarded to Customer as compensation, provided that Customer has informed Company about such claims in writing as soon as Company has learned of such claims and that all defensive actions and settlement negotiations are conducted by Company.
If a claim have been asserted or is expected, Company may at its ow expense change or exchange the design of the Cover at Customer’s choice. If this is not possible with reasonable effort, Customer and Company are granted a special right of termination. Exercising this right will result in immediate termination of the agreement. In this case, amounts already paid by Customer will be refunded proportionately, i.e. 1/36 per full month of the unused time due to special termination.
Storage of the Contract Text
11.1 Customer can print out the text of the contract before submitting the order to Company by using the print function of his browser in the last step of the order.
11.2 For each Order, Company sends an order confirmation containing order details to the email address provided by Customer. With the order confirmation, but at the latest with the delivery of the goods, Customer declares by placing a check mark during the ordering process that he has taken note of these Terms, the data protection policy and instruction on the right of withdrawal. If Customer has completed registration in Company’s store, Customer can view orders in the profile area. Company stores the text of agreement, but does not make it accessible on the Internet.
12.1 If Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, then the place of jurisdiction and place of performance is Company’s registered office.
12.2 Exclusive contract language is German. Any documentation, including the Product Descriptions, the Agreement and these Terms, made available in a language other than German serve as a translation aid, only. The translations are not be error free and Customer makes no representations as to their accuracy.
12.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. Company is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.