General terms and conditions
§1 subject and scope
The Kussin | eCommerce und Online-Marketing (also called WMDK) offers companies and entrepreneurs (hereinafter referred to as customer) eCommerce services of all kinds, such as conception, design, development, support and online marketing for entrepreneurs. The following general terms and conditions regulate the contractual relationship between the customer and WMDK with regard to mutual rights and obligations.
WMDK generally bills for its work according to hours. The amount of the hourly fee varies depends on the difficulty of the task and the experience of the employee. The currently applicable hourly rates are shown in Appendix 2.1 . Projects can be billed as a lump sum upon agreement.
§3 WMDK rights
The customer may not evaluate designs or drafts (in text and image) of WMDK, which are created as part of a contract initiation by WMDK. All rights of use transferred by WMDK in the context of projects relate exclusively to the project explained in more details in the respective contract. Any further use must be adequately remunerated.
§4 rights of third parties
WMDK shall be released from claims by third parties with regard to the word, image and sound material supplied by the customer. This explicitly but not conclusively includes the infringement of copyrights and personal rights. This also applies to violations of competition law.
§5 liability and warranty
- Customer claims for compensation are excluded. This does not include claims for damages by the customer arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by WMDK, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment are necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, WMDK is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it is about claims for damages to life, limb or health.
- The restrictions in paragraphs 1 and 2 also apply in favor of WMDK’s legal representatives and vicarious agents if claims are made directly against them.
- The provisions of the product liability law remain unaffected.
- The limitation period for warranty claims is twelve months, except in the case of claims for damages.
§6 final provisions
- The laws of the Federal Republic of Germany apply to contracts between WMDK and customers, excluding the UN Sales Convention.
- The place of jurisdiction for all disputes arising from contractual relationships between the customer and WMDK is Hamburg.
- The contract remains binding in its remaining parts even if individual points are legally invalid. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will be ineffective.