Terms & Conditions
General Terms and Conditions
The following are the valid and exclusively applicable general terms and conditions for business relations for Danica Waitkus, Creating Atmospheres,www.creating-atmospheres.com.
1. Scope and definitions
1.1 The following General Terms and Conditions of Business (hereinafter referred to as "GTC") shall apply in the version valid at the time of the order for all business relations between
Danica Waitkus, Creating Atmospheres, Rüsselsheimer Allee 8, 55130 Mainz
Phone: 0170 612 8520
E-Mail: dw@creating-atmospheres.com
Internet: creating-atmospheres.com
(hereinafter referred to as " Creating Atmospheres " or "We") and our clients (hereinafter referred to as "Client" or "You", collectively also referred to as "the Parties").
1.2. Clients can be both consumers and entrepreneurs.
According to Section 13 of the German Civil Code (BGB), a consumer is "any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession".
According to § 14 BGB, an entrepreneur is "a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity".
1.3. These GTC of Creating Atmospheres apply exclusively. Deviating, conflicting or supplementary GTC of the client will not be recognized, unless Creating Atmospheres has expressly agreed to their validity in writing, withdrawing its own GTC.
1.4. Individual contractual agreements, supplements and amendments always take precedence over these GTC.
2. Conclusion of the contract, conclusion of the contract
2.1 The presentations of the service portfolio and the packages on the homepage www.Creating-Atmospheres.com do not constitute binding offers. They serve the presentation of the extensive service possibilities and are an invitation to the client to be interested in the offers, to inquire about services and to initiate a contractual relationship. Legally, this is referred to as an invitation to submit an offer, an "invitatio ad offerendum".
2.2 The client can send a non-binding inquiry to Creating Atmospheres via our form under contact, by e-mail or by telephone. There, the client declares his inquiry and consulting wishes by providing necessary and relevant personal data. This does not constitute an order or commission. Taking into account the request of the client and his information, Creating Atmospheres will contact the client, usually by e-mail or telephone. Either this is done for the transmission of a concrete offer or for further coordination of the concrete demand.
2.3 On the basis of the coordination, Creating Atmospheres sends the client a concrete order offer with the general terms and conditions valid at that time by e-mail. This offer includes all items relevant to the order. If the offer is incomplete or does not correspond to the wishes of the client, Creating Atmospheres will take this into account after the client's request for additions and will supplement the offer.
2.4 The client can accept the offer by confirming Creating Atmospheres' offer by e-mail or in writing.
2.5 The contract is concluded upon receipt of the client's confirmation. Creating Atmospheres will notify the client of the receipt of the order confirmation.
3. Services of Creating Atmospheres
3.1 Creating Atmospheres primarily provides the client with personal and professional know-how and advice in the field of interior and event design. The client receives a consulting and conceptual service.
3.2 The service is provided in accordance with the contractual agreements in terms of time. Dates or plans mentioned in the contract serve as a rough time frame, but are flexible in terms of time. Exceptions to this are expressly agreed immovable completion dates, so-called "deadlines". Such a deadline is only possible if the service must also be completely fulfilled by the termination date in order to ensure further success, such as the execution of a specific event or event date, and fulfillment after the termination date will not bring the planned success and benefit.
3.3 Creating Atmospheres may make on-site consultation contingent upon the deposit being credited to the business account on the day prior to the on-site appointment (section 5.2 of the GTC).
3.4 Insofar as Creating Atmospheres is also commissioned to implement the concepts and plans and, in particular, to carry out the design and procurement of the necessary products and materials as part of further contractual agreements, the following applies:
Procurement of goods, products or other materials is always and without exception carried out in the name and on behalf of the client. Creating Atmospheres is authorized in writing for this purpose. Procurement is therefore carried out within the scope of the power of attorney directly between the seller and the client. Creating Atmospheres can make the procurement dependent on the payment of an advance corresponding to the planned costs. Any warranty, guarantee or defect claims arise and exist thus exclusively and directly between seller and client.
The implementation of the concepts and plans, in particular installation or structural services, must always be carried out professionally and properly by craftsmen, electricians, specialists or the like commissioned by the customer in accordance with the manufacturer's specifications. Creating Atmospheres assumes no liability for the implementation and feasibility of the concepts and plans.
3.5 Creating Atmospheres renders the contractual services with the utmost care and diligence. However, the service is a consulting service, taking into account the customer's wishes. The service to be provided is of a creative nature and considerably dependent on the specifications and good communication with the client. Therefore, Creating Atmospheres does not owe a certain success. Of course, the entire company concept and philosophy are geared to the customer and his satisfaction. Creating Atmospheres is therefore extremely anxious and confident to fulfill the customer's wishes with all the necessary effort. The customer's satisfaction is of central importance to Creating Atmospheres.
3.6 Creating Atmospheres is responsible for deciding on the completion of the project, with due consideration of the client's wishes and specifications. If Creating Atmospheres declares the completion of the project under these specifications, the contractual main service obligation is fulfilled.
3.7 The client must inspect the service after completion of the project and, if necessary, notify Creating Atmospheres of any deficiencies or requests for rectification within one week; in this case, Creating Atmospheres will examine the complaint and deal with it sympathetically.
3.8 If the client nevertheless does not agree with the result of the service, in case of justified claims the legal claims for rectification and removal of defects exist according to the legal regulations.
3.9 For the sake of transparency and to safeguard both parties, communication regarding defects or obligations to rectify defects shall be in text form; the receipt of the respective declarations shall be decisive.
4 Reference, processing and usage rights
4.1 Creating Atmospheres hands over and transfers to the client all rights of use to the project (e.g. use of the mood board) without time or space restrictions after full payment of the booked services.
4.2 After handing over the project, the client is responsible for its implementation. He is entitled to realize, edit or change the project as he sees fit.
4.3 Creating Atmospheres is entitled to be named as author by the client, as far as the project is/will be subject of the client's webpage and the realization of the project corresponds as far as possible to the design of Creating Atmospheres.
4.4 Creating Atmospheres is entitled to take photographs of the completed project at its own expense and on its own initiative and to display these photographs, together with the name of the client, the location of the project (city/town/community without address) and the description of the project as a reference offline and online, in particular on its own homepage. For this purpose, both the project as a whole and parts of the project (in extracts) may be used.
5 Contact data, storage of order data, customer data and other relevant data, data protection
5.1 The client must ensure that the contact data provided by the client for processing and correspondence, in particular the e-mail address, is accurate and accessible so that communications conducted and e-mails sent using this contact data can be received.
In particular, when using SPAM filters, the client must ensure that all emails sent by Creating Atmospheres can be delivered.
5.2 Creating Atmospheres stores the communication history with the client, in particular all e-mails, the offer, the declaration of acceptance, the order data entered, the entire text of the contract, and the communication and invoices managed with the processing.
5.3 The client, as well as Creating Atmospheres, has the option to save all communication and, in particular, to print out both the offer and the general terms and conditions, cancellation policy, and all other relevant agreements and regulations before sending the order.
5.4 Creating Atmospheres is aware of its obligation to protect the customer's data and only collects and stores data that is necessary or relevant to the execution of the contract. Details on this can be found in the privacy statement.
6 Taxation, Value Added Tax, Terms of Payment, Offsetting
6.1 The activities of Creating Atmospheres are currently carried out under consideration of small business taxation in the sense of § 19 UStG. Therefore, no sales tax is currently charged or accounted for on Creating Atmospheres' services. Creating Atmospheres is currently not subject to sales tax. Therefore, all prices are gross prices in Euro without displaying or charging any sales tax. The prices stated at the time of the order apply.
6.2 Upon conclusion of the contract, a down payment is due, which includes the travel expenses, if applicable, the appointment costs as well as 30% of the remaining order value. Creating Atmospheres will issue an invoice for this after conclusion of the contract, which is to be paid within 14 days after issuance of the invoice, at the latest, however, on the day before the first on-site appointment. Receipt of payment on the business account of Creating Atmospheres is decisive for timely performance.
6.3 Depending on the arrangements, further payments on account are to be made, each of which will be invoiced by Creating Atmospheres. Again, payments are due within 14 days after invoicing.
6.4 The final payment is billable upon fulfillment of the service and is due within 14 days after invoicing. The service is fulfilled when the contractually agreed service has been rendered. Due to the high creativity factor of the service, this also applies if the result does not fully comply with the customer's wishes and requests for subsequent improvements arise. The final installment shall be settled upon fulfillment of the service.
6.5 The customer is only entitled to set-off rights if his counterclaims have been legally established or are undisputed and mutually linked to the main claim of Creating Atmospheres or have been recognized by the latter.
7. Right of withdrawal of a principal as a consumer
For a client who is a consumer, there is a right of withdrawal. The exact content and conditions of the right of withdrawal are agreed and regulated in the agreement "Right of Withdrawal / Cancellation Policy".
8 Liability for damages and reimbursement of expenses
Creating Atmospheres, its representatives and vicarious agents are liable for damages only in the case of
intent and gross negligence according to the legal regulations.
9 Legal system, place of jurisdiction
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
9.2 However, German law shall not apply to consumers with permanent or habitual residence outside Germany insofar as the national law of the consumer contains provisions from which the consumer cannot deviate by contract.
9.3 The place of jurisdiction for all disputes arising from the contractual relationship shall be Mainz.
10 Miscellaneous
If one or more provisions of these GTC are invalid, the remainder of the contract and these GTC shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
11 Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr. . This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 Creating Atmospheres is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board.
GTC`s read and accepted in the context of the contractual agreement.
___________________________________________________________
Date, Place, Signature Client