GENERAL TERMS AND CONDITIONS OF FLORES Y AMORES GMBH
§1: Scope of application
1. Flores y Amores GmbH renders all services exclusively on the basis of these General Terms and Conditions.
2. We do not acknowledge any Terms and Conditions of the client that deviate in full or in part from these General Terms and Conditions. The Terms and Conditions of Flores y Amores GmbH are also exclusively valid if we unconditionally render our services in the knowledge that the client’s own Terms and Conditions conflict with our own.
3. If the client is a business-person or a legal entity under public law, these General Terms and Conditions are also valid for all future transactions.
§2: Contract acceptance, contract documents
1. We have the right to accept the client’s request for the conclusion of the contract within the time limit of three weeks after an order is placed by phone or in writing by the client.
2. We retain property and commercial rights over all images, drawings and other documents originating from our company and these may only be made accessible to third parties with our prior written agreement.
§3: Prices and payment conditions
1. Unless stated otherwise, the prices stated in our quote are valid for 14 days after the date of dispatch to the client.
2. Additional deliveries and services requested by the client shall be invoiced separately.
3. We retain the right to request an advance payment on our claim to remuneration or to request a security deposit.
4. Our invoices are due immediately after invoicing without deductions.
5. If the client is in arrears, we have the right to demand interest on arrears of at least 6 percentage points above the base interest rate. If the client is a business person or a legal entity under public law, the interest on arrears is at least 9 percentage points above the base interest rate.
6. The duty to prove that the damages incurred by the delay in payment are limited to the sum of the statutory interest on arrears rests with the client.
7. The client is only entitled to offset if his counter-claims are either uncontested or have been established by a court of law.
§4: Time of delivery and performance
1. All due dates and deadlines of delivery and performance that are binding for us must be given in writing.
2. Before the time of performance set by us can begin, all technical and organisational questions must be settled in advance.
3. For us to adhere to our contractual obligations, we require the timely and proper fulfilment of the client’s duty to cooperate.
4. Subsequent requests by the client for changes or additions will result in an appropriate extension to our time of performance.
1. If there is a fault or defect, we shall fulfil our guarantee initially by repair or a new installation, as we see fit.
2. If this rectification
– is not possible
– is unreasonable for us or the client
– is refused by us because the costs involved are disproportionate/excessive
– is earnestly and finally refused by us for other reasons
– fails due to other reasons, the customer can, as he chooses, only demand a reduction in the price (reduction) or a cancellation of the contract (withdrawal) and compensation instead of the service within the framework of the liability limitation (see section 6).
3. The rights of the client with regard to defects lapse one year after acceptance of our service. This short period of limitation is not valid in cases of injury to life, body and health attributable to us. Our liability in accordance with the Product Liability Act (ProdHaftG) also remains unaffected.
§6: Liability limitations
1. In cases of slightly negligent breaches of duty, our liability is limited to such typical damages as were reasonably foreseeable for us at the time the contract was concluded.
2. With regard to business-people and legal entities under public law, we are not liable in cases of slightly negligent breaches of minor contractual obligations.
3. Insofar as our liability is excluded or limited, this is also valid for the personal liability of our staff, organs, representatives and subcontractors.
4. The above liability limitations are not valid for claims in accordance with Section 1 of the Product Liability Act (ProdHaftG) or for injuries to life, body and health attributable to us.
5. We do not accept liability for objects and valuables brought by the client, his staff or contractors, or by guests to the event.
§7: Duties and liability of the client
1. Apparent defects can only be taken into consideration if the complaint is made directly when the goods are received or collected. Hidden defects in delivered goods must be reported to us without delay, at the latest however within two days after their discovery.
2. Where complaints are not lodged in a timely manner, the service is considered as having been accepted.
3. The client is liable for the loss, destruction or damaging of objects that were delivered to him by us as part of our duties to implement the contract. In the case of loss, destruction or damage, the client is committed to a claims settlement on the basis of the applicable new prices.
4. The client bears the whole risk of the event including its preparation and the subsequent execution and hereby assumes liability for this.
5. In particular, the client is liable for all personal injuries and property damages suffered by his contractors, the guests or any other third parties in connection with the event, and he hereby frees us from all claims for compensation that are made in connection with the event.
6. If the client puts on a political event without written agreement, or if there is justified grounds to fear that the event will threaten the smooth running of our business, the security or the good name of our business, or put our guests in danger, as well as in cases of acts of God, we have the right to withdraw from the contract.
§8: Flat-rate compensation
1. In cases of cancellation of the contract at short notice, or cancellation of parts of the total order, we shall charge a cancellation fee to be paid by the client.
1.1. In case of a cancellation 5 days or more before the start of the event, there is a flat-rate charge of 20% of the total value of the order.
1.2. In case of a cancellation 3 days or more before the start of the event, there is a flat-rate charge of 40% of the total value of the order.
1.3. In case of a cancellation 1 day or more before the start of the event, there is a flat-rate charge of 70% of the total value of the order.
1.4. In case of a cancellation on the day of the event, the whole of the quoted sum will be invoiced.
§9: Place of jurisdiction, applicable law
1. The law of the Federal Republic of Germany is exclusively effective for all legal relations between the parties.
2. If the client is a business-person or a legal entity under public law, the place of jurisdiction is Berlin. However, we also have the right to proceed against the client at the court in his place of residence.
§10: Final provisions
Should individual provisions in these General Terms and Conditions and/or the contract be or become ineffective, this does not affect the effectiveness of the remaining provisions. Rather, each ineffective provision shall be replaced by an effective provision that comes as close as possible to the purpose of the previous provision. The same applies in cases of incompleteness.