Applicable to all contracts concluded via the online shop
Please note: This is a convenience translation. In case of any discrepancy, the German version is legally binding. Read the German original.
The following General Terms and Conditions govern the sale of services by Nazerawi Negash, Oberer Ornberg 14, 60433 Frankfurt am Main, Germany, phone: +49 1573 2358947, email: copybenderffm@gmail.com, hereinafter referred to as the “Provider”, via the online shop at https://copybender.de
(1) These Terms apply to all contracts concluded between the Provider and business customers (within the meaning of § 14 of the German Civil Code, BGB) via the online shop at https://copybender.de. Orders from private customers, consumers or end users are excluded.
(2) Deviating terms and conditions of the customer do not apply unless the Provider expressly agrees to their validity in writing.
(3) The scope of the services offered comprises: web design / social media management / graphic design.
(1) The contract is concluded with the Provider: Nazerawi Negash, Oberer Ornberg 14, 60433 Frankfurt am Main, Germany.
(2) The language of the contract and of negotiations is German.
(3) The offers in the online shop are directed exclusively at customers with a delivery address in Germany and are intended for business customers only.
(4) The customer must be at least 18 years of age.
(5) The presentation of the services in the online shop does not constitute a legally binding offer but an invitation to place an order. The customer submits a binding offer by completing the order process and clicking the “Book an appointment” button at the end. Receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer. The contract is only concluded upon express confirmation of acceptance by email or upon provision of the service.
(6) Order data is stored after conclusion of the contract and can be viewed in the customer login area.
(7) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by email or in the customer account.
Business customers (within the meaning of § 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be cancelled in accordance with statutory provisions or the terms agreed in the contract.
(1) Our offering is directed exclusively at business customers. All prices are exclusive of the applicable statutory VAT.
(2) The prices stated at the time of the order apply. Where list prices exist, the list prices at the time of the order apply.
(1) Payment of the purchase price is due upon conclusion of the contract. The customer may pay using the payment methods stated in the online shop.
(2) The invoice is sent by email when the goods are dispatched or, if no email address has been provided, by post to the billing address given.
(3) If the customer defaults on payment or a direct debit is returned, the Provider is entitled to claim damages caused by the delay (e.g. reminder fees, default interest, chargeback fees).
(4) Payment by sending cash or cheques is not possible.
Warranty for business customers: if the customer is not a consumer, a defect is remedied by subsequent improvement. The Provider may choose whether subsequent performance takes place by remedying the defect or by providing a new, defect-free service.
(1) The Provider's liability for breaches of contractual duties and in tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the life, body or health of the customer, to claims arising from the breach of essential contractual obligations (cardinal obligations) or to compensation for damages caused by delay pursuant to § 286 BGB. In these cases the Provider is liable for every degree of fault.
(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose observance the customer may regularly rely.
(3) The above exclusion of liability also applies to slightly negligent breaches of duty by the Provider's legal representatives or vicarious agents.
(4) The Provider accepts no responsibility for the content and accuracy of the information in customers' registration and profile data or other customer-generated content.
(5) Claims for damages are limited to the foreseeable damage typical of the contract. In the event of delay, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor obtained knowledge of the circumstances giving rise to the claim and of the identity of the debtor, or should have obtained such knowledge without gross negligence (§ 199 (1) BGB).
(7) The Provider is entitled to check texts created and files uploaded by customers for compliance with statutory and legal provisions. In the event of infringements, the Provider reserves the right to remove such content in whole or in part.
(8) Liability under the German Product Liability Act remains unaffected.
(1) Personal data is collected and processed in accordance with applicable data protection law. The Provider undertakes to treat customer data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.
(2) The customer has the right to obtain information about the data stored about them free of charge at any time and to request its rectification, erasure or the restriction of its processing.
(3) Further information on data protection can be found in the Provider's privacy policy.
(1) The customer is only entitled to set-off if their counterclaim has been legally established or is undisputed by the Provider.
(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
(1) Digital products are generally made available to the customer by download or by email. After receipt of payment the customer receives the corresponding access data or download links.
(2) Statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. remedy of the defect or delivery of a defect-free product.
(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider accepts no liability for disruptions or damage attributable to insufficient technical requirements on the customer's side.
(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 et seq. BGB) apply.
(5) When using the services, the customer undertakes to provide all necessary cooperation in good time and in full. If the customer fails to do so, the Provider may charge for the additional work incurred.
(1) On purchasing a digital product, the customer receives a simple, non-transferable, unlimited right of use to the content acquired, unless agreed otherwise.
(2) The customer is not entitled to reproduce, distribute or make the digital content publicly available unless this is expressly permitted by contract.
(3) All copyrights remain with the Provider or the respective rights holder.
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Nevertheless, the Provider always endeavours to settle any disagreements arising from a contract amicably.
(1) The language of the contract is German.
(2) The Provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or legal guardian.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the parties with the invalid or unenforceable provision.
(4) Amendments or additions to these Terms must be made in writing. This also applies to the waiver of this written form requirement.
(5) The Provider reserves the right to make changes to the website, policies and terms, including these Terms, at any time. The sales terms, contract terms and Terms in force at the time of your order apply to your order, unless a change to these terms is required by law or by official order (in which case they also apply to orders you have placed previously).
(6) There are no verbal side agreements. Amendments or additions to this agreement must be made in writing.