shot2motion GbR with Nathalie Naceur and Sören Jeßner
Kapellenstraße 14, 04315 Leipzig in Germany
Represented by:
Soeren Jessner and Nathalie Naceur
(1) Any deviating, conflicting, or supplementary terms and conditions of the Customer shall not be binding on the Contractor unless the Contractor has expressly agreed to their validity. This shall apply even if the Contractor does not expressly object to the validity of the Customer’s terms and conditions or carries out the delivery to the Customer without reservation.
(2) Legally relevant declarations and notifications made by the Customer to the Contractor after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing or text form to be effective.
(3) References to statutory provisions are for clarification purposes only. Unless the statutory provisions are directly modified or expressly excluded in these Terms and Conditions, they shall apply even without such clarification.
(4) Changes to these Terms and Conditions will be communicated to the customer in writing or by email. If the customer does not object to a change within four weeks of receiving the notification of the change, the changes will be deemed accepted. The contractor will specifically inform the customer of the legal consequences of non-compliance at the beginning of the period.
(1) The contract is concluded upon the Contractor’s signature of the contract confirmation. When using distance communication means, the Client’s offer may also be accepted by the Contractor’s express declaration by means of distance communication.
(2) The contract language is German. The customer may only use German for the conclusion of the contract.
(1) Delivery periods or delivery dates are generally non-binding unless otherwise agreed.
(2) If the fulfillment of the contractual service is delayed due to circumstances of force majeure, in particular in the event of industrial disputes such as strikes and lawful lockouts, as well as the occurrence of other obstacles that are unforeseeable for the Contractor and for which he is not responsible (unavailability of the service), the delivery period shall be extended accordingly. This also applies if such circumstances occur at the Contractor’s suppliers. The Customer will be notified immediately of the start and end of such obstacles. If the service is not available within the new delivery period, the Contractor is entitled to withdraw from the contract in whole or in part. Any consideration already provided by the Customer will be reimbursed immediately.
(3) The Customer’s right to withdraw from the contract after expiry of a reasonable period set by the Customer and/or to claim damages for non-performance in accordance with Section 9 remains unaffected. The Contractor’s statutory rights, in particular those in the event of exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of the performance and/or subsequent performance), also remain unaffected.
(1) In the case of continuing obligations, either party may terminate the contract in accordance with the individually agreed notice period.
(2) If the contract is not terminated in a timely manner, it shall be extended for an indefinite period. If a period of notice for ordinary termination has been agreed, it may be terminated within that period. If no period of notice for ordinary termination has been agreed, it may be terminated within one month to the end of the quarter.
(3) The right to extraordinary termination for good cause remains unaffected.
(1) Any delays in delivery will be communicated to the customer, stating the reasons and the expected duration. Any claims for damages require the expiration of a grace period without result. The same applies to withdrawal.
(2) Partial deliveries by the Contractor are permissible, taking into account the Contractor’s interests, unless they are unreasonable for the Customer.
(3) Unless otherwise agreed in writing, the place of performance shall be the Contractor’s registered office. Deliveries to other locations shall be at the Customer’s expense and risk.
(4) The commissioning and/or payment of the Contractor’s services constitute acceptance. Acceptance shall be deemed to have occurred if the work capable of being accepted has not been accepted within ten days of delivery.
(5) Any loss or externally visible damage to the goods, as well as any delay in delivery, must be clearly reported to the carrier upon delivery (Section 438 of the German Commercial Code). The Customer shall promptly provide the Contractor with a copy of the notification.
(1) The contractual remuneration and other costs (e.g., shipping costs, customs duties, etc.) must be paid no later than two weeks after receipt of the goods and invoice. Upon expiration of the above payment period, the customer shall be in default. During the period of default, the contractual remuneration shall bear interest at the applicable statutory default interest rate. The contractor reserves the right to claim further damages for default. For merchants, the right to claim commercial default interest (§§ 352, 353 HGB) remains unaffected.
(2) In the event of default in payment, the Contractor shall also be entitled to a lump sum of EUR 40.00. This lump sum shall be offset against any damages owed, insofar as the damage is based on legal costs.
(3) Payment by bill of exchange or check is permitted only upon express agreement and is deemed to be made as security. Any costs associated with honoring the bill of exchange or check shall be borne by the customer.
(4) The Customer shall only be entitled to rights of set-off and retention to the extent that his claim is recognised by the Contractor, is undisputed or has been legally established.
(1) The customer’s rights in the event of material and legal defects shall be governed by the statutory provisions, unless otherwise provided below. In any case, the statutory provisions applicable to final delivery of the goods to a consumer (§§ 478, 479 BGB) remain unaffected.
(2) The customer’s claims for defects presuppose that he has properly complied with his statutory obligations to inspect and give notice of defects (Section 377 of the German Commercial Code).
(3) Subsequent performance shall be effected at the Contractor’s discretion by remedying the defect or delivering defect-free goods. The Contractor’s right to refuse subsequent performance under the statutory conditions remains unaffected.
(4) Claims for damages and reimbursement of wasted expenditure in the case of defects shall only exist in accordance with Section 9 and are otherwise excluded.
(1) The Contractor shall be liable to the Customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by the Contractor, and in accordance with the Product Liability Act.
(2) The Contractor shall also be liable for slightly negligent breaches of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies and may rely. In these cases, however, the Contractor’s liability is limited to compensation for foreseeable, contract-typical damages.
(3) Furthermore, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.
(1) Claims for material and legal defects shall expire within one year from delivery of the goods. If acceptance has been agreed in the individual case, the limitation period shall commence upon acceptance.
(2) For claims under the Product Liability Act or in cases of intent or fraud, gross negligence, in cases of supplier recourse under Sections 478 and 479 of the German Civil Code (BGB), a legal defect pursuant to Section 438 (1) No. 1 a) of the BGB, or in cases of injury to life, body or health, the statutory limitation period shall apply.
(1) The contracting parties agree that all legal relationships arising from and in connection with this contractual relationship shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance is the registered office of the Contractor.
(3) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the contractor’s branch.
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