OUR TERMS AND CONDITIONS!
General Terms and Conditions of Toccori & Toccori GbR, Eschweilerstraße 70, D-52477 Alsdorf, (legally represented by Toccori Silke & Franco), VAT number: 202/5418/1358 – VAT ID number: DE271539089, hereinafter referred to as “T&T”.
§ 1 Applicability
T&T concludes only under these general terms and conditions. By placing the order, the customer acknowledges their applicability and validity. Deviating agreements can only be made legally effective in writing between the corresponding contractual partners and apply as a supplement to the concluded contractual relationship. These general terms and conditions take precedence over any general terms and conditions of the respective client or agent.
§ 2 Conclusion of contract
These terms and conditions apply exclusively to contracts with T&T. Deviating regulations in the general terms and conditions of the customer are therefore expressly rejected.
T&T offers in brochures, advertisements, advertising and homepage etc. are subject to change and non-binding, also with regard to price information, unless a binding assurance is expressly given. Offers individually prepared by T&T are valid for 7 days. The customer has the right to withdraw from the contract concluded with T&T in writing within a period of 14 days without giving reasons. After this period has expired or by making a down payment for the contract, the contract is deemed to have been accepted and T&T begins with the contractually ordered items and agreed work. T&T has the right to grant a period of 90 days for the completion and execution of the order ordered by the customer, during which time the customer is bound to his order. The corresponding period begins at the point in time at which the customer has provided T&T with all the necessary materials for the fulfillment of the contract components. If T&T does not refuse acceptance within 7 days of receipt of the order, T&T shall be deemed to have given the confirmation. T&T has the right to refuse the customer an order in whole or in part without giving reasons. Verbal ancillary agreements are ineffective. Changes to the conditions, including this written form clause, must be in writing. Compliance with a performance deadline depends on timely self-delivery.
§ 2 Conclusion of contract
These terms and conditions apply exclusively to contracts with T&T. Deviating regulations in the general terms and conditions of the customer are therefore expressly rejected. T&T offers in brochures, advertisements, advertising and homepage etc. are subject to change and non-binding, also with regard to price information, unless a binding assurance is expressly given. Offers individually prepared by T&T are valid for 7 days. The customer has the right to withdraw from the contract concluded with T&T in writing within a period of 14 days without giving reasons. After this period has expired or by making a down payment for the contract, the contract is deemed to have been accepted and T&T begins with the contractually ordered items and agreed work. T&T has the right to grant a period of 90 days for the completion and execution of the order ordered by the customer, during which time the customer is bound to his order. The corresponding period begins at the point in time at which the customer has provided T&T with all the necessary materials for the fulfillment of the contract components. If T&T does not refuse acceptance within 7 days of receipt of the order, T&T shall be deemed to have given the confirmation. T&T has the right to refuse the customer an order in whole or in part without giving reasons. Verbal ancillary agreements are ineffective. Changes to the conditions, including this written form clause, must be in writing. Compliance with a performance deadline depends on timely self-delivery.
§ 3 Scope of Services
T&T offers the following services: Creation, adaptation and maintenance of websites, other graphic services and design, CD/DVD-ROM production, Internet services and range of services, content production and website hosting, film and photo production, image processing, press , office and event service, broadcasting and public relations work, office services, printing, textile printing and foil lettering. T&T provides its services exclusively according to the wishes and information of the customer placing the order. Installation, instruction and training are only part of the performance obligations of T&T if this has been agreed in writing. T&T only has to consider change and extension requests if they are necessary for technical reasons in order to achieve the purpose of the contract. At T & T, the customer only receives services relating to the products listed. With regard to programming, the customer is only charged for services related to the order.
In the event of a significant change in the contractual obligations of T&T for the purpose of adapting them to the needs of the customer, T&T can charge the customer for the necessary additional work. This also applies to an extensive examination of whether and under what conditions the change or extension can be carried out, insofar as T&T has pointed this out in writing. T&T is entitled to make partial deliveries.
§ 4 Prices and Payment
The current price models of T&T at the time the order is placed apply to all payments. Fixed prices only apply if the price agreement in individual cases, e.g. B. contains neither a price increase possibility nor a time limit of the fixed price agreement due to an offer. The prices do not include the statutory sales tax. Shipping costs, installation, training and other ancillary services are not included in the price unless otherwise agreed. Additional services are to be remunerated separately. This applies in particular to additional expenses as a result of:
- the submission of data in non-digitized form,
- of necessary and reasonable use of third-party services,
- of effort for license management,
commissioned testing, research and legal reviews, and out-of-hours services.
If the customer is in arrears with payment, he must expect interest on arrears at a rate of 8% above the base interest rate. Interest on arrears will accrue if the payment deadline is exceeded, even without a reminder. The customer must expect that T&T will first offset payments against older debts. If costs of legal action have already arisen, T&T can first offset the customer's payments against these costs, then against the interest and finally against the main service. T&T requires an advance payment of 50% of the total order value for its performance and services, which must be paid by the customer before the work begins. Excluded from this obligation are printing services, foil lettering or textile printing, for which T&T has to be paid the full amount in advance.
Unless otherwise expressly agreed in writing, the remaining fee is due for payment immediately after invoicing. The invoices are payable without any deduction and free of charges. If the contractual partner (customer) refuses acceptance due to defective performance or asserts warranty claims, the fee is nevertheless due for payment. In the case of orders that include several units, T&T is entitled to invoice each individual service after delivery. Dunning fees and the costs, including out-of-court legal intervention, shall be borne by the contractual partner. Insofar as delivered items become the property of the contractual partner, this only happens when the fee including ancillary costs has been paid in full.
§ 5 Dates, deadlines and impediments to performance
Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing. If the cooperation of the customer is required or agreed for the performance of T&T, the delivery time is extended by the time that the customer has not fulfilled this obligation. For delays caused by:
- a) Changes in customer requirements.
- b) Inadequate requirements in the application (hardware or software deficits), insofar as they were not known or should not have been known to Toccori & Toccori GbR.
- c) Problems with third-party products, the delivery or service date is extended accordingly. As far as the T & T their contractual
If T&T cannot provide services or cannot provide them on time as a result of labor disputes, force majeure or other unavoidable circumstances, T&T will not have any adverse legal consequences. If changes or additions are requested by the customer that are not just of a minor extent, dates and deadlines based on the original subject matter of the contract lose their validity.
§ 6 Acceptance
The customer will accept the services of T&T immediately after completion and/or fulfillment. The services of T&T are deemed to have been accepted if T&T has notified the readiness for acceptance, pointing out the importance of the omission of the declaration of acceptance! Or furthermore:
- a) The customer then fails to declare acceptance within a period of time that allows him to identify significant errors during the required careful examination, but no later than after 7 working days, or refuses to do so, citing defects to be detailed to the best of his ability.
- b) The customer makes the website or parts of it accessible to third parties without further examination or commissions T&T to do so, provided that non-acceptance is not due to a significant defect in the services provided by T&T. If the readiness for acceptance is not communicated, the point in time at which the customer should reasonably have been aware of the services shall apply instead of the point in time of the notification.
§ 7 Duty to cooperate
The customer will provide the necessary data, especially content to be entered for the service to be provided, in a timely manner and in digital form. Insofar as T&T provides the customer with drafts and/or test versions, stating a reasonable deadline for checking them for correctness and completeness, the drafts and/or test versions are deemed to have been approved after a period of 7 days, unless T&T receives a correction request. The customer is responsible for sufficient resources and information within the scope of his obligation to cooperate. The customer is exclusively and solely liable for his internet content such as text, sound, media and downloads. He is obliged to check his content for legal certainty and, if necessary, to commission an update. T&T acquits itself of responsibility for website content and manufactured design and advertising content. As well as or insofar as errors or impairments of the functionality of the services of T&T such as a website, intranet, web hosting occur, or printing or graphic errors appear in the design correction run, the customer will inform the media workshop immediately, stating the error specification. The customer is responsible for the correctness of the commissioned content and for printing or display errors due to superficial corrections on the part of the customer. Since the customer has not instructed T&T to make the change in such a case, he cannot take recourse against design or display errors. The customer must also find out about the corresponding legal certainty with regard to the media content he has commissioned and instruct him on the current legal display variant.
§ 8 Rights of Use
T&T grants the customer an exclusive and transferable right of use. If T&T provides services for the design of Internet presences, the purpose of use of the website and/or its components is not restricted in use. The customer acquires this right upon full payment for the services of T&T. Upon request, the customer is obliged to provide T&T with written information about the scope of use. When using the customer's templates, T&T assumes that these are not encumbered with the rights of third parties or that the customer has the right of use required for the order. For the fulfillment of the services, T&T also makes use of the rights of third parties (third-party license material), which can only be transferred to the customer with restrictions, especially in terms of time.
The restricted transfer can lead, among other things, to third-party license material no longer being available or to significantly changed conditions over which T&T has no influence. In this case, T&T will make every effort to use similar material. Medienwerkstatt can invoice the customer for the costs of third-party license material by presenting the licensor's invoice. There is no further identification of parts of the service to be rendered that are encumbered with the rights of third parties.
The customer may only use third-party licensed material in connection with and within the scope of the services provided by Medienwerkstatt. If the licensor makes a claim against T&T because the third-party license material was not used accordingly, the customer of T&T is responsible for compensating the resulting damage. The customer is obliged to inform T&T of any unlawful use of the license material of which he becomes aware, and to take legal action against an infringer of industrial property rights or to support T&T in doing so. If the customer infringes rights of use through the services of T&T z. B. known through warnings from third parties, T&T remains free of the claim made.
§ 9 Copyright notices and references
All copyrights and ancillary copyrights for the products and services created or sold by T&T are held exclusively by T&T and its representatives, and can be transferred in part or in full to the contractual partner or customer by payment of a corresponding license fee by written agreement. The customer grants T&T the right to include T&T's logo and/or a text link in services rendered such as internet offers or design items such as a film, photo or design template of the customer and to link these to one another and to the T&T website. The customer will accept all protective notices such as copyright notices and other legal reservations unchanged.
This applies in particular to the references to the originator in the program code. T&T reserves the right to use services such as designs and objects, even if they are based on customer templates, for presentation purposes, in particular to include the customer's website in a reference list for advertising purposes and to set appropriate links.
§ 10 Warranty
T&T will carefully carry out the order placed. It can also have the order carried out in whole or in part by third parties. If the contractual partner does not issue any written instructions, T&T is free to choose how the order is to be carried out. This applies in particular to the image and text interpretation, the design, the graphic arrangement and layout, the selection of the photo models, the video script, the recording location and the optical technical means used. Deviations from earlier deliveries do not constitute a defect as such. In order to completely satisfy the warranty, the customer will be provided with two independent correction runs to change and view the subject matter of the contract after the order has been placed and after the work has been completed. After acceptance of the order items/services, T&T is released from the warranty. With regard to the use and processing of products or services from third-party providers (e.g. foils, paints, applets, widgets, promotional items, etc.) for the fulfillment of the order by T&T, the corresponding warranties of the third-party providers apply. In this case, T&T remains exempt from the warranty and is not liable for third-party materials. Also excluded are server defects or failures, delivery problems from partners, etc. of which T&T acquits itself.
Obvious defects, which an average customer immediately notices, must be reported to T&T by the customer within 7 working days after delivery by means of a registered letter to T&T. Defects that are not obvious must be reported to T&T within 7 working days after detection. Otherwise, claims from these defects cannot be asserted.
The defects, in particular the error messages that have occurred, must be reported in detail as far as possible (e.g. through error logs). The contractual partner bears the risk for all circumstances that are not related to T&T, such as weather conditions during outdoor recordings, timely provision of products and props, failure of models, travel impediments, technical server problems, availability of web content, events, etc. Shipments travel at risk and costs of the contractual partner.
§ 11 Liability
The customer is exclusively and solely liable for his internet content such as text, sound, media and downloads. He is obliged to check his content for legal certainty and, if necessary, to commission an update. T&T acquits itself of responsibility for website content. Liability under the Product Liability Act remains unaffected. T&T is liable for intentional or grossly negligent breaches of contract by T&T. This does not apply to legal representatives and vicarious agents of T&T. Liability for data loss is limited by the typical recovery effort. This is based on the damage that would have occurred if reasonable security measures had been taken (e.g. making backup copies). T&T is not liable for damage that was not foreseeable in the context of this contract. Atypical, unforeseeable damage is therefore not covered by liability. In general, T&T acquits itself of defects or defects caused by third parties. T&T is not liable for warnings for customer content or violations of rights in relation to internet content. In principle, T&T concludes contracts and agreements with the customer only with a general exclusion of liability. I.e. T&T works for the customer on instructions for an agreed fee and is not informed about operational decisions and processes of the customer. Work is only carried out in accordance with the contractual agreements. Despite the agreement, responsibility for the contractual goods of the contractor lies solely and exclusively in the hands of the contractor. There is no guarantee with regard to brute force attacks or hacker attacks.
§ 12 Customer's obligation to back up data
The customer is obliged to adequately protect himself against data loss. Since the new installation of software, but also the modification of the installed software, involves the risk of data loss, the customer is obliged to take precautions against data loss by means of a comprehensive data backup before reinstalling or modifying the installed software.
§ 13 Data protection and confidentiality
T&T saves the customer data required for contract initiation and processing (e.g. address data, access code and bank details). In particular, sensitive customer data is therefore protected against unauthorized access by our own security. T&T undertakes to maintain secrecy towards the customer, this includes the disclosure of confidential data and competitor agreements. Both contracting parties will treat confidentially marked information that becomes known to them within the framework of the contract. Software-related documents such as documentation and above all the source code must be protected against unauthorized access. T&T points out that, given the current state of the art, it is not possible to prevent the reproduction of works, in particular graphics or other optical or acoustic design means that are placed online.
§ 14 Termination
Contracts concluded with Toccori & Toccori GbR have a basic term of 24 months. In the case of the concluded contracts, the customer can terminate the contract at the earliest 3 months before the end of the contract period, at the end of the contract. The contract is extended by 24 months if it is not terminated in writing 3 months before the end of the contract. This applies unless other written agreements exist. The right to terminate for good cause remains unaffected. In particular, in the event of a breach of § 7 - Rights of Use - and if the customer is more than one month in arrears with payment of the remuneration, T&T can terminate the contract without notice. In the event of termination without notice by T&T or early termination by the customer, the contractual partner is obliged to fulfill the contract and pay by the scheduled end of the contract with an expiry period. The remaining term of the concluded contract is due immediately upon termination and will be invoiced upon conclusion.
§ 15 License Fee
Unless otherwise expressly agreed in writing, T&T is entitled to a publication license fee in the agreed or appropriate amount according to the current prices separately if a license to use is granted. The publication license fee does not include sales tax at the respective statutory rate. Irrespective of legal claims, the following applies in the event of an infringement of copyright and/or ancillary copyrights to the articles that are the subject of the contract: The claims are due regardless of fault. In the event of an infringement of the right to the manufacturer's designation, the customer is entitled to at least an amount equivalent to the reasonable remuneration as immaterial damage, subject to additional financial damage. The right to information also applies to the right to removal.
§ 16 Notices
Insofar as the contractual partners communicate by electronic mail (e-mail), they recognize the unrestricted effectiveness of the declarations of intent transmitted in this way in accordance with the following provisions. The e-mail must contain the sender's name and e-mail address, tax number and the time of sending (date and time) as well as a rendering of the sender's name at the end of the message. Confidentiality is not guaranteed for data transmitted unencrypted on the Internet. At the request of the other party, each contractual partner provides a coordinated encryption system such as PGP or a corresponding certification key on its side.
An e-mail received under the above provisions shall be deemed to have originated from the other partner unless there is evidence to the contrary. The liability of the e-mail and thus the text form applies to all declarations that the usual contract processing entails. However, the text form is excluded in the case of termination, as well as declarations that are expressly requested in writing by a contractual partner that deviate from this agreement.
§ 17 Applicable law and place of performance
The contractual partners agree on the application of German law with regard to all legal relationships arising from this contractual relationship. German law also applies to cross-border traffic, excluding the UN sales law. The Product Liability Act is not applicable; In any case, liability for damage other than personal injury is excluded if the contractual partner is an entrepreneur. Indemnity and indemnification also include the costs of out-of-court legal defence. These general terms and conditions apply to articles and services manufactured to order by T&T, regardless of the process or technology used. The place of jurisdiction for all mutual services under the contract is Aachen.
§ 18 online shop - the small print
When your order arrives in the T&T shop system, a legally valid purchase contract is concluded, which includes the following additions to the T&T General Terms and Conditions:
§ 19 online shop - payment of your order
All prices shown include VAT. As soon as we have received your order, our system will send you a confirmation of your order to the e-mail address specified in the system. In your customer area on our homepage you can view and print out your invoice for your order. Please understand that we can only ship the items you have ordered for the first order after payment in advance.
§ 20 online shop - shipping costs
Postage and shipping costs are added to the items you have ordered. We have selected the most cost-effective variant for you in this area and ship our goods with DHL.
§ 21 online shop - your right
You can revoke the purchase contract up to 14 days after ordering without giving reasons. All you would have to do in that case would be to email us. If you have ordered items in our system that were individually manufactured, printed or designed for you, the goods cannot be exchanged.
§ 21 online shop - your right
You can revoke the purchase contract up to 14 days after ordering without giving reasons. All you would have to do in that case would be to email us. If you have ordered items in our system that were individually manufactured, printed or designed for you, the goods cannot be exchanged.
§ 22 online shop - delivery and transfer of risk
We usually ship the ordered goods within two working days after receipt of payment. In exceptional cases, delivery may be delayed. Deviations from the product photos shown on the Internet are possible. If the goods cannot be delivered for certain reasons, we reserve the right to withdraw from the contract. You can always track your order in the shipping costs area or in your customer area.
§ 23 online shop - complaints
Nobody is perfect. Therefore mistakes can happen. If you want to complain about goods, please contact us directly or simply use our online support: Toccori & Toccori GbR, Eschweilerstraße 70, D-52477 Alsdorf or info@toccori.de.
§ 24 online shop – disclaimer
Unfortunately, we cannot be held responsible for transport damage reported to us within 14 days of delivery.
§ 25 Applicable law and place of performance
The contractual partners agree on the application of German law with regard to all legal relationships arising from this contractual relationship. German law also applies to cross-border traffic, excluding the UN sales law. The Product Liability Act is not applicable; In any case, liability for damage other than personal injury is excluded if the contractual partner is an entrepreneur. Indemnity and indemnification also include the costs of out-of-court legal defence. These general terms and conditions apply to articles and services manufactured to order by T&T, regardless of the process or technology used. The place of jurisdiction for all mutual services under the contract is Aachen. The Product Liability Act is not applicable; In any case, liability for damage other than personal injury is excluded if the contractual partner is an entrepreneur. Indemnity and indemnification also include the costs of out-of-court legal defence. These general terms and conditions apply to articles and services manufactured by T&T to order, online sales, regardless of the process or technology used. The place of jurisdiction for all mutual services under the contract is Aachen.
In this area, our customers are provided with the current version of our General Terms and Conditions for viewing. The terms and conditions that are stored in our shop system apply as a supplementary part of these terms and conditions in relation to delivery and shipment of goods. If you have any questions about our terms and conditions, we would be happy if you contact us!
Version of the General Terms and Conditions 06/01/2010
Your advertising media Toccori & Toccori GbR team
