ETIENNE SALOME GMBH
General Terms and Conditions
General Provisions
These General Terms and Conditions (hereinafter "GTC") exclusively apply to the legal relationship between ETIENNE SALOME GMBH (hereinafter "ETIENNE SALOME GMBH"), owned by Etienne Salomé, located at Jablonskistraße 14A, 10405 Berlin, and its contracting party (hereinafter "Client") in connection with services provided by ETIENNE SALOME GMBH. Any general terms and conditions of the Client or third parties apply only if ETIENNE SALOME GMBH has expressly agreed to them in writing. In all other cases, the general terms and conditions of the Client or third parties do not form part of the contract, even if ETIENNE SALOME GMBH provides deliveries or services without expressly objecting.
Clients, as defined in these GTC, are exclusively entrepreneurs, legal entities under public law, or public-law special funds. ETIENNE SALOME GMBH generally enters into contracts only with such clients.
Even if not explicitly pointed out when concluding similar contracts for services, the GTC of ETIENNE SALOME GMBH in their version accessible at the time of the client's declaration apply exclusively, unless the contracting parties agree otherwise in writing. ETIENNE SALOME GMBH will inform the client in a timely manner about any changes to these GTC.
All legally relevant declarations or notifications to be made by the client to ETIENNE SALOME GMBH after the conclusion of the contract, especially those declarations and notifications covered by the GTC, require written form for their effectiveness. Telecommunication transmission, such as by fax or email, also satisfies the written form requirement unless an explicit agreement between ETIENNE SALOME GMBH and the buyer specifies a different form.
Offer; Conclusion of Contract; Performance
All offers from ETIENNE SALOME GMBH are non-binding unless otherwise indicated. The creation of a mere cost estimate for the client is an invitation to submit an offer and is subject to ETIENNE SALOME GMBH's acceptance. The client is bound to their offers for two (2) weeks. The contractual relationship is typically established either by signing an individual contract or by ETIENNE SALOME GMBH's written order confirmation (hereinafter also "Order"). In exceptional cases, it can be established by a declaration in written form or by delivery or execution of services by ETIENNE SALOME GMBH based on an offer.
The mutually binding written declarations, the order confirmation, the individual contracts including their annexes and performance descriptions, and these GTC determine the nature and scope of the agency services. The following hierarchy of contract documents applies: a) Individual contract or ETIENNE SALOME GMBH's order documents; b) Annexes and performance descriptions; c) Any special contract conditions; d) These GTC.
If ETIENNE SALOME GMBH sends meeting protocols to the client following discussions about the contract object, provisions or changes to the scope of services or other contract components contained therein are binding unless the client objects in writing within three (3) working days of receiving them.
Within the contractually defined framework, the client grants ETIENNE SALOME GMBH creative freedom in fulfilling the order.
ETIENNE SALOME GMBH is not obligated to verify the accuracy of documents or information received from the client.
ETIENNE SALOME GMBH is only responsible for checking the legal admissibility of the promotional use of the agency services (especially regarding competition and trademark law) if expressly agreed. ETIENNE SALOME GMBH is not responsible for the admissibility in terms of competition and trademark law, as well as the registrability of drafts and other works. ETIENNE SALOME GMBH will inform the client of any competition and trademark law concerns known to ETIENNE SALOME GMBH. The client will independently and diligently check the competition and trademark law admissibility of drafts and other works.
Information provided by ETIENNE SALOME GMBH regarding contract objects and their representations (e.g., drawings, mock-ups, and illustrations) are only approximate unless the usability of the contract objects for the contractually intended purpose requires exact correspondence. They are not guaranteed characteristics. Industry-standard deviations and adjustments resulting from legal requirements or technical improvements, as well as the replacement of performance parts with equivalent services, are permissible as long as they do not impair the usability of the contract objects for the contractually agreed or intended purpose.
ETIENNE SALOME GMBH is entitled to partial deliveries or partial services if they are independently usable for the client, the complete delivery or service provision is ensured, and the client incurs no significant additional effort or additional costs due to the partial delivery or partial performance.
Delivery Obligation; Delivery and Performance Deadlines; Default
ETIENNE SALOME GMBH fulfills its delivery obligations as soon as the agency services are dispatched. The risk of transmission (e.g., damage, loss, or delay) carried out by any means is borne by the client.
Stated delivery and performance deadlines, as well as milestones and timelines, are indicative and non-binding unless ETIENNE SALOME GMBH has confirmed them in writing as binding dates or deadlines.
Agreed-upon binding delivery and performance deadlines start at the earliest when the client has provided ETIENNE SALOME GMBH with the necessary documents and information required for performance or has made necessary decisions. If the client fails to fulfill its cooperation or supply obligations after the start of binding delivery and performance deadlines, the deadlines and delivery and performance dates dependent on cooperation or supply obligations will be postponed or extended accordingly.
Agreed-upon binding dates and delivery and performance deadlines are subject to the proper and timely supply by ETIENNE SALOME GMBH's suppliers or third parties (e.g., advertising material manufacturers, graphic designers). This does not apply if ETIENNE SALOME GMBH is responsible for the non-delivery or delayed delivery by its suppliers, especially if no congruent covering transaction has been concluded. ETIENNE SALOME GMBH will promptly inform the client of the non-availability of the affected contract objects.
If ETIENNE SALOME GMBH is in default with agency services, ETIENNE SALOME GMBH must be granted a reasonable grace period (usually ten (10) working days). 3.6 In case of force majeure, such as mobilization, war, acts of terrorism, epidemics/pandemics, riots, or similar events (e.g., operational disruptions, difficulties in material procurement, transport delays, strikes, lockouts, shortages of labor, energy, or raw materials, difficulties in obtaining necessary official approvals), ETIENNE SALOME GMBH is exempt from complying with deadlines and dates or performing services until the obstacle is removed. If the provision of services by ETIENNE SALOME GMBH is significantly and permanently impeded due to such events, ETIENNE SALOME GMBH is entitled to terminate the contract. The same applies to the client if the acceptance of the agency services cannot reasonably be expected due to the delay caused by these events.
Client's Cooperation Obligations; Content Responsibility
The client must fulfill all cooperation and provision obligations necessary for contract implementation free of charge and in a timely manner, especially by providing all required data and documents. Suggestions from the client or other supportive measures do not confer co-authorship. Creative contributions by the client do not reduce ETIENNE SALOME GMBH's contractual rights and claims unless expressly agreed otherwise.
Additionally, the client must immediately notify ETIENNE SALOME GMBH of all circumstances relevant to the provision of the agency services, especially if they become known during execution.
If, due to incorrect, incomplete, untimely, or subsequently changed information provided by the client, ETIENNE SALOME GMBH must redo work or if the completion of the order is delayed, the client bears the additional costs and must extend the agreed deadlines appropriately.
The customer thoroughly checks and tests the contractual items for freedom from defects before commencing their business use.
The customer is responsible for ensuring that the documents and materials provided by ETIENNE SALOME GMBH for the execution of agency services have been checked for any third-party copyrights, trademarks, signs, or other rights, and that he or ETIENNE SALOME GMBH is authorized to use them. This also applies to obtaining necessary approvals from copyright holders and other individuals with rights to the content, as well as obtaining the required consent from copyright holders or depicted individuals for images of copyrighted works (including buildings) or natural persons, and, in the case of minors, from their legal guardians. In the event that ETIENNE SALOME GMBH is held liable for the infringement of such third-party rights, the customer undertakes to indemnify ETIENNE SALOME GMBH comprehensively for all resulting damages, expenses, and other costs. The indemnification also covers the costs of necessary legal defense.
Furthermore, the customer examines the legal, especially the competition and trademark law, permissibility of the agency services, unless otherwise agreed. ETIENNE SALOME GMBH will point out obvious legal risks to the customer if they become known during the preparation, but is neither authorized nor obligated to provide legal or tax advice in individual cases.
ETIENNE SALOME GMBH is entitled to terminate the contract with the customer after a reasonable grace period if the customer is in default with their cooperation and ancillary obligations or the acceptance of the offered service. This does not affect the compensation for damages and additional expenses incurred thereby.
Presentations/Pitches
If, after a presentation or pitch, no order is placed, all agency services provided up to that point (especially presented drafts, works, ideas, and concepts) remain the property of ETIENNE SALOME GMBH, or it retains the corresponding exploitation rights. In this case, the customer is obligated to promptly return all documents and materials handed over to them for the purpose of the presentation to ETIENNE SALOME GMBH. The customer is not entitled to use, edit, or use as a basis for creating their own material, any documents, materials, and/or other agency services provided by ETIENNE SALOME GMBH—of any kind. Subject to compliance with existing confidentiality obligations, ETIENNE SALOME GMBH reserves the right to use the presented results for other orders and clients.
If the customer or third parties acting with their consent use the results of the work provided by ETIENNE SALOME GMBH for the presentation, such as by publishing and/or reproducing them, the customer is obliged to pay the remuneration according to the offer submitted by ETIENNE SALOME GMBH for the relevant agency service or, in the absence of such an offer, to pay the customary remuneration. ETIENNE SALOME GMBH reserves the right to assert further claims.
Cost Estimates
ETIENNE SALOME GMBH's entitlement to remuneration arises even if the respective agency services have not been estimated by a cost estimate or cost calculation beforehand.
Preceding cost estimates and cost calculations for ETIENNE SALOME GMBH's specific offer are not binding. An exceeding of the cost estimate underlying the respective offer by up to 10% is considered approved by the customer. Exceedances of the preliminary cost calculation or cost estimate by more than 10% will be promptly communicated to the customer.
Cost estimates for third-party services that are not agents of ETIENNE SALOME GMBH are only forwarded to the customer by ETIENNE SALOME GMBH as an intermediary. ETIENNE SALOME GMBH assumes no substantive responsibility in this regard.
ETIENNE SALOME GMBH reserves the right to demand compensation for its own cost estimates, especially in cases where no commissioning occurs.
Appointment of Third Parties
ETIENNE SALOME GMBH is entitled to provide the services owed either itself or through the appointment of third parties as agents. The customer can only object to the use of third parties for important reasons.
Insofar as the involvement of third parties (e.g., lawyers, photographers, models, designers, programmers, architects, advertising material manufacturers, printers, couriers) is necessary for external services beyond the scope of the ETIENNE SALOME GMBH assignment, the customer generally commissions these themselves.
If, exceptionally, the customer does not commission third parties themselves, ETIENNE SALOME GMBH, after prior consultation with the customer, awards third-party contracts with the care of a diligent advertising merchant in the name and for the account of the customer. ETIENNE SALOME GMBH checks third-party invoices for substantive and factual correctness. If ETIENNE SALOME GMBH incurs advance costs for third-party services not included in the scope of its own commission, the customer must reimburse ETIENNE SALOME GMBH for the expenses incurred upon request.
The customer will generally only issue orders for additional services related to the commissioned agency services to other agencies or third parties (hereinafter "pre-services") after consultation and agreement with ETIENNE SALOME GMBH. The customer will coordinate such pre-services of third parties in a way that does not lead to delays, waiting times, and/or additional expenses for ETIENNE SALOME GMBH. ETIENNE SALOME GMBH is not responsible for the pre-services, and it has no duty to inspect or advise on the content of the pre-services.
Remuneration; Cost Reimbursement
The customer is required to pay the agreed remuneration for the contracted agency services.
Unless expressly agreed otherwise, the remuneration is based on the actual effort incurred, based on ETIENNE SALOME GMBH's hourly or daily rates valid at the time of contract conclusion. Fixed prices are agreed separately, especially fixed prices calculated based on a matrix of usage factors.
If ETIENNE SALOME GMBH creates concepts and presentations (e.g., as part of pitches), these are chargeable unless expressly agreed otherwise.
Additional or special services not expressly included in the agreed scope of services are to be remunerated separately.
If the customer terminates the contractual relationship after order placement and before the end of the order, the customer is obligated to pay the agreed remuneration. The remuneration is to be reduced by the amount corresponding to the expenses saved by ETIENNE SALOME GMBH due to the non-execution or termination of the order.
The customer shall reimburse ETIENNE SALOME GMBH for foreign and ancillary costs as well as other expenses and costs incurred or arising as a necessary consequence of order execution by ETIENNE SALOME GMBH, in each case proven in amount. This includes, in particular, communication, shipping, travel, accommodation, and taxi costs, expenses, costs for third-party services advanced by ETIENNE SALOME GMBH, and other outlays (e.g., GEMA fees, artist social security contributions, customs costs, etc.). ETIENNE SALOME GMBH is entitled to demand advances to cover costs.
Payment Conditions
Prices and remunerations are, unless expressly stated otherwise, understood as net amounts in euros (EUR) plus value-added tax at the statutory rate applicable at the time of invoicing. The prices for delivery items also include shipping and packaging costs and, if applicable, any customs duties, fees, and other public charges.
Unless otherwise agreed, ETIENNE SALOME GMBH's invoices are due for payment without deduction immediately upon receipt by the customer. No cash discount is granted. The customer is obliged to make payments at their own expense and risk.
Unless otherwise agreed, ETIENNE SALOME GMBH is entitled to invoice the delivered work results or, if these have not yet been fully provided, the services provided at the end of each month. In the case of partial services, they do not have to be in a usable form for the customer.
Even without a reminder, the customer is in default of payment thirty (30) days after receiving the invoice. During default, the customer must pay ETIENNE SALOME GMBH default interest at the statutory rate on the agreed remuneration. ETIENNE SALOME GMBH reserves the right to claim higher damages due to default.
If the customer is in default of payment, ETIENNE SALOME GMBH is entitled, after written reminder, to suspend further execution of ongoing work until payment of the outstanding amount.
In the case of new customers or if ETIENNE SALOME GMBH becomes aware of circumstances after concluding the contract that significantly reduce the customer's creditworthiness and jeopardize the payment of ETIENNE SALOME GMBH's outstanding claims by the customer from the respective contractual relationship, ETIENNE SALOME GMBH is entitled to provide outstanding agency services only against advance payment or security deposit.
Set-Off and Retention; Prohibition of Assignment
The customer may only set off undisputed, ripe for decision, or legally established claims. The right of retention or the defense of unfulfilled contract obligations is only available to the customer within this contractual relationship and only in the event that the customer's counterclaim is undisputed, ripe for decision, or legally established.
Except for the assignment of monetary claims, the customer is not entitled to assign or transfer its rights and obligations under the contract, in whole or in part, to third parties without the consent of ETIENNE SALOME GMBH.
Acceptance; Retention of Title
If acceptance is required by legal regulations or the implementation of an acceptance procedure is expressly agreed upon between the contracting parties, deliveries and services are considered accepted when: a) the contractual items have been handed over and, if ETIENNE SALOME GMBH is also responsible for the installation of the contractual items, the installation is completed, b) ETIENNE SALOME GMBH has notified the customer of the readiness for acceptance, indicating the acceptance fiction according to this paragraph, and has requested the customer to accept, and c) (i) fourteen (14) working days have passed since the request for acceptance without the customer having reported acceptance-preventing defects, (ii) the customer has paid the remuneration for the contractual items ready for acceptance, or (iii) the customer has commenced the business use of the contractual items.
Acceptance-preventing defects are only substantial defects that eliminate or severely restrict the usability of the contractual items for the agreed or presupposed purpose.
The above provisions apply accordingly to partial acceptances. By accepting part deliveries, the customer agrees to the respective part of the service; each partial acceptance has the legal effects of acceptance (§ 640 BGB). For subsequent partial acceptances, only the parts of the service that have not been tested and accepted so far, as well as the interaction of these parts with the previously accepted work results, are checked. Partial acceptances already carried out remain unaffected by later acceptance checks and final acceptance.
Ownership of delivered items (e.g., print materials) only passes to the customer upon full payment of the remuneration.
Termination
In the case of ongoing contractual relationships without a fixed end date, each contracting party can terminate the contract with a notice period of three (3) months at the end of a contract year or, if applicable, the minimum term of an order, unless otherwise agreed.
ETIENNE SALOME GMBH is entitled to terminate the contract for cause before the end of the contract. Cause exists, in particular, if: a) the customer violates essential obligations under the contract, in particular, payment and cooperation obligations, e.g., by being in default with more than an insignificant part of the agreed remuneration for longer than two (2) weeks, b) justified concerns regarding the customer's ability to pay exist, and despite ETIENNE SALOME GMBH's request, the customer does not make advance payments or provide security deposits on time, c) the customer is insolvent or has filed for insolvency proceedings over its assets, which have been opened or dismissed for lack of assets.
Each termination requires written form to be effective.
Granting of Rights
All rights of ETIENNE SALOME GMBH to work results created within the framework of agency services (e.g., drafts, graphics, print templates, concepts, ideas, etc.; hereinafter collectively referred to as "work results"), including preliminary work and intermediate stages, in particular, property, copyright, and related protective rights, as well as trademark, name, and identification rights, remain exclusively with ETIENNE SALOME GMBH even after transfer to the customer, unless expressly agreed otherwise individually or in the following paragraphs.
Unless otherwise agreed, the customer, upon full payment of the agreed remuneration for the respective order, receives a non-exclusive, spatially unlimited, temporally unrestricted, and irrevocable right to use work results for the customer's own business purposes and those of its companies associated according to §§ 15 et seq. AktG, as well as to make the necessary reproductions. All rights beyond this, in particular, the right to edit, modify, distribute, including rental, and publicly disclose the contractual items, remain with ETIENNE SALOME GMBH. In particular, work results may only be edited, modified, or translated with ETIENNE SALOME GMBH's prior written consent.
Ownership and usage rights to work results created by ETIENNE SALOME GMBH are transferred to the customer only upon full payment of the respective order.
The transfer of granted usage rights to third parties and/or multiple uses, as well as the granting of sublicenses, is subject to a fee, unless contractually agreed otherwise, and requires ETIENNE SALOME GMBH's prior written consent in each case.
If obtaining third-party rights (e.g., photographers, producers, models, etc.) is necessary for the production and/or implementation of communication measures, ETIENNE SALOME GMBH undertakes to obtain these third-party rights at the customer's expense. The customer will instruct ETIENNE SALOME GMBH in writing beforehand about the extent of the rights to be obtained. If the customer does not respond within a reasonable period, ETIENNE SALOME GMBH will obtain the third-party rights to the extent necessary for contract performance according to Section 13.2.
In the field of image editing, customers are generally provided with final images that have been coordinated and edited. There is no disclosure of paths or source files.
Legal claims of authors for subsequent remuneration increases according to §§ 32, 32a UrhG shall be borne by the customer. The customer indemnifies ETIENNE SALOME GMBH from such claims for subsequent remuneration on first demand.
The customer does not receive usage rights to work results that have been rejected or not approved by the customer. ETIENNE SALOME GMBH is free to use such work results at its discretion for other purposes while observing its confidentiality obligations.
ETIENNE SALOME GMBH has the right to request information from the customer free of charge about the performance items used by the customer, in particular, about the scope and types of use.
ETIENNE SALOME GMBH is entitled to appropriately and industry-standard sign the developed advertising materials and use the work results created for the customer for self-promotion without time limit after their publication, especially on the ETIENNE SALOME GMBH website, ETIENNE SALOME GMBH's social media channels, including LinkedIn and Instagram, as well as for presentations and submission to competitions, without the customer being entitled to compensation. In addition, ETIENNE SALOME GMBH is entitled to name the customer as a reference and use the customer's company logo for this purpose, unless the customer has expressly objected to this in writing.
Warranty
The customer must inspect the services provided by ETIENNE SALOME GMBH immediately upon receipt, but in any case before the first use, and report any defects in writing promptly after discovery. If the immediate inspection or defect notification is omitted, the customer has no warranty claims for obvious or known defects, including resulting subsequent defects.
If there is a defect attributable to ETIENNE SALOME GMBH, ETIENNE SALOME GMBH may, at its discretion, remedy the defect (rectify) or provide a replacement. In the case of rectification, ETIENNE SALOME GMBH is entitled to remedy the defect twice, each within a reasonable time.
The customer will support ETIENNE SALOME GMBH in determining and rectifying defects and provide immediate access to documents that reveal the specific circumstances of the defect. Unless expressly agreed otherwise, the templates and/or originals remain with ETIENNE SALOME GMBH.
Warranty claims of the customer are excluded if the customer modifies the work results of ETIENNE SALOME GMBH on its own authority, unless the customer proves that the modification made by them has no effect on the defect. Work results may not be altered without ETIENNE SALOME GMBH's consent.
ETIENNE SALOME GMBH will advise the customer with the care of an ordinary advertising merchant of obvious risks and ensures, regarding the services to be provided, that the customer is granted the rights to the extent specified in Section 13.2. Furthermore, the customer is solely responsible for the legal permissibility of the content and design of the respective advertising measure, in particular, for the factual statements about the customer's products and services contained therein.
If the customer carries out an advertising measure despite ETIENNE SALOME GMBH's concerns or explicit warnings about obvious risks or instructs ETIENNE SALOME GMBH to do so in writing, the customer shall indemnify ETIENNE SALOME GMBH on first demand in the event of claims by third parties (e.g., for injunction and/or damages) and reimburse ETIENNE SALOME GMBH for all damages, expenses, and costs resulting from such claims.
If a request for rectification of a defect by the customer proves to be unfounded, ETIENNE SALOME GMBH reserves the right to invoice the expenses incurred according to ETIENNE SALOME GMBH's valid price list at the time of the order.
Liability
ETIENNE SALOME GMBH is liable to the customer for damages and reimbursement of futile expenses, irrespective of the legal grounds, including impossibility or due to default in performance, as well as for defects and tortious acts, only to the following extent: a) in cases of intent and gross negligence in full; b) in cases of simple negligence only for the violation of an essential obligation, the fulfillment of which is essential for achieving the purpose of the contract and on whose fulfillment the customer can regularly rely (so-called cardinal obligation), limited to the replacement of the contract-typical and reasonably foreseeable damages.
In cases under Section 15.1 b), liability is limited to EUR 10,000 per damage event and, in total, to a maximum of EUR 20,000 arising from the contractual relationship or, if higher, to the amount the customer has paid to ETIENNE SALOME GMBH for the deliveries and services under these terms and conditions (in the case of recurring services, in the twelve (12) months before the last event giving rise to liability).
Insofar as ETIENNE SALOME GMBH's liability for damages is excluded or limited, this also applies to the organs, legal representatives, employees, and other vicarious agents of ETIENNE SALOME GMBH.
Liability for damages resulting from the violation of the body, life, or health, for guaranteed quality features, as well as under the Product Liability Act, remains unaffected by the above provisions.
Limitation Period
The limitation period for all customer claims due to defects in deliveries and services, as well as for all claims for damages and reimbursement of futile expenses, is one (1) year. This does not apply if there is a defect in a third party's proprietary right, based on which the third party can demand the surrender of the affected contractual items. The limitation period begins according to the applicable legal regulations and, in the case of a statutory maximum period, at the latest with the expiration of five (5) years from the emergence of the claim.
The statutory limitation of claims against ETIENNE SALOME GMBH due to intentional or grossly negligent breaches of duty, in the case of fraudulent concealment of a defect, as well as for damages resulting from the violation of life, body, or health and under the Product Liability Act, remains unaffected by the above provisions.
Confidentiality
The contracting parties mutually undertake to keep confidential all information, data, and documents that have become known to them in connection with the respective contractual relationship for a period of two years after the termination of cooperation and not to make them accessible to third parties. This also applies if the respective order is not executed.
The customer makes confidential information accessible only to employees who require access to perform their duties. The customer informs these persons of the confidentiality of the information.
Data Protection
The customer confirms that the personal data transmitted by him or on his behalf by third parties to ETIENNE SALOME GMBH has been collected and processed in accordance with the respective applicable data protection regulations, in particular, the GDPR and BDSG. The necessary consents of the data subjects are available, and the use of the data by ETIENNE SALOME GMBH within the scope of the order given by the customer does not violate data protection regulations or exceed the scope of any granted consents.
The customer is hereby informed that ETIENNE SALOME GMBH processes its data and the data of its employees to the extent necessary for contract performance and based on data protection regulations. In particular, when processing personal data, ETIENNE SALOME GMBH will obligate its employees in writing to maintain confidentiality.
In the event of the legal prerequisites being met, the contracting parties will conclude an agreement on order processing that complies with the applicable legal requirements. In case of contradictions between these terms and conditions and the agreement on order processing, the latter shall take precedence.
Final Provisions
All changes and additions to these terms and conditions require written form to be effective. The written form requirement can only be waived in writing.
The place of performance for all obligations of the contracting parties, including the payment obligation of the customer, is Berlin.
If the customer is a merchant, a legal entity under public law, or a special public fund, the exclusive place of jurisdiction for all disputes directly or indirectly arising from the contractual relationship is Stuttgart. The same applies if the customer has no general place of jurisdiction in the country. However, ETIENNE SALOME GMBH is also entitled to sue at the customer's domicile or any other permissible place of jurisdiction.
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
The contract language is exclusively German. Translations into other languages are for informational purposes only. In the event of inconsistencies between the German text and the translation, the German text takes precedence.
Should a provision in these terms and conditions or in the individual contracts be or become ineffective or unenforceable, or if these are incomplete, this shall not affect the remaining content of the contractual relationship. The contracting parties will replace the ineffective or unenforceable provision with one that economically comes closest to the meaning and purpose of the ineffective or unenforceable provision in legally effective terms. The same applies to contractual gaps.
As of: March 2024