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1. The terms and conditions listed here apply to all contracts made between you (also referred to as the Customer or Client) and us, the Service Provider (Vawick - Kelvin Benson), also referred to as the Contractor). This applies unless a different agreement has been made. Customer terms that contradict or deviate from our terms require our explicit written consent to be valid.
2. Some of our services have special regulations that are in addition to these general terms and conditions. These also apply if the services only constitute part of a larger package that you have booked, which includes other services.
3. The term "service" refers to the contractual agreement, regardless of its specific nature, whether it is a purchase, work, service contract, or another form of contract.
4. Orders or changes to orders are only binding for the Contractor if they have been recorded in
writing or confirmed in text form.
1. The services provided by the Contractor are rendered as a service. Any deviation from this must be contractually recorded.
2. The Contractor has the right to engage other companies or third parties (subcontractors or Freelancers) to execute and realize the contract.
3. The prices listed in the offer are non-binding; only the prices in the contract are binding. All prices are quoted in euros.
4. The costs for subsequent changes are to be borne by the Client.
5. If, due to unavoidable technical or practical reasons, the contract cannot be executed as described in the offer or the order confirmation, the Contractor has the right to terminate the contract. The Contractor can also terminate the contract before or during its execution if the Client, with the commissioned service, violates legal regulations, disregards the rights of other persons, fails to comply with fundamental ethical standards, or reveals discriminatory or contemptuous attitudes. In these cases, the Client is not entitled to compensation. Changes that become necessary due to legal regulations or official requirements are considered extensions of the contract.
6. If the Contractor offers services or performances free of charge or on a voluntary basis, he reserves the right to terminate these at any time and without prior notice. In such cases, there is no entitlement to price reduction or compensation.
7. The delivered service remains the property of the Contractor until the Client has fully settled
all claims of the Contractor that were due at the time of invoicing
1. Specified dates and deadlines for deliveries are generally considered binding. However, orders are usually not automatically considered binding fixed-date transactions in the sense of §§ 281, 323 BGB and § 376 HGB. Such binding nature arises only if it has been specifically agreed upon or clearly results from the nature of the order.
2. In case of delays, the Contractor will inform the Customer as soon as possible, providing reasons and duration.
3. Specified delivery deadlines only commence once the Customer has provided the Contractor with all necessary information, materials, or other required support for the production or completion of the order. If the Customer requests changes during the processing time, this will lead to an appropriate extension of the agreed deadlines.
4. When delivering items, the Customer bears the risk and cost of shipment.
1. The Customer guarantees that all materials handed over to the Contractor, such as media,
photos, images, files, software, etc., do not infringe on the rights of third parties, including
copyright, trademark, personal rights, potential patent rights, or other industrial property rights,
as well as applicable competition law. The Customer undertakes to indemnify the Contractor
against any claims from third parties and the associated legal defense costs and to provide
reasonable assistance in defending against such claims.
1. If the Contractor's performance does not meet the required standards, the Customer must set a reasonable deadline for the Contractor to provide subsequent performance.
2. If the rectification or replacement is delayed, fails to occur, or is unsuccessful, the Customer
has the right to withdraw from the contract or demand an appropriate reduction in payment.
1. Unless otherwise noted on the Contractor's invoice, the amount must be paid immediately
upon receipt of the invoice.
2. If, after awarding the contract, the Customer requests an additional service – such as through
wishes for changes or additions – which leads to extra work for the Contractor, the Contractor
must promptly inform the Customer about this additional effort. If the Contractor fails to inform
the Customer about the additional effort, his claims for the agreed remuneration remain
unaffected.
1. Unless otherwise noted on the Contractor's invoice, the amount must be paid immediately upon receipt of the invoice.
2. If, after awarding the contract, the Customer requests an additional service – such as through
wishes for changes or additions – which leads to extra work for the Contractor, the Contractor
must promptly inform the Customer about this additional effort. If the Contractor fails to inform
the Customer about the additional effort, his claims for the agreed remuneration remain
unaffected.
1. Costs for photos and videos shall be borne by the client, unless otherwise contractually
agreed.
1. All materials or documents that the Contractor receives from the Customer as part of fulfilling the contract remain the property of the Customer. These are used exclusively for the execution of the contract and must be returned to the Customer upon completion of the contract. This does not affect any retention rights that may be available to the Contractor.
2. The Contractor undertakes to treat all non-publicly known information, documents, and trade
secrets obtained in the course of the contract, even after its completion, as strictly confidential,
even if the contract is ultimately not executed. The Contractor will not claim any rights from
such confidential information, especially no claims to prior use in connection with patent
applications. Additionally, the Contractor will ensure that its employees, subcontractors,
models, and others involved in the execution of the contract also adhere to these confidentiality
obligations, as far as necessary to maintain confidentiality.
1. The Contractor and its employees shall only be liable for intentional misconduct and gross
negligence. The Contractor and its employees shall not be liable for slight negligence, unless it
concerns damages to life, body, or health, violated warranty promises, or claims falling under
the Product Liability Act. This does not affect liability for the non-fulfillment of essential
contractual obligations.
1. In all contracts between us, the Contractor, and the Customer, German law shall exclusively apply, excluding the UN Convention on Contracts for the International Sale of Goods. This provision applies to consumers only to the extent that it does not affect protection provided by mandatory consumer protection laws of the country in which the consumer has their habitual residence or domicile.
2. The place of jurisdiction and performance is Koblenz if the Customer acts as an entrepreneur, merchant, public entity, or special public fund, and this also applies to international cases. In dealings with consumers, the generally applicable legal regulations apply at this point.
3. If a clause in these General Terms and Conditions should be invalid, the validity of the
remaining provisions shall not be affected thereby
4. In case of discrepancies or ambiguities in translated versions of these General Terms and Conditions, the German version shall prevail and be authoritative for the interpretation of the conditions.
5. The European Commission provides a platform for online dispute resolution, which you can
find at https://ec.europa.eu/consumers/odr/. However, we are not obliged to participate in
dispute resolution proceedings before a consumer arbitration board.
