AGB
AGB
General terms and conditions of business
1.1 Bannerdesigner24.de provides its services exclusively on the basis of these terms and conditions.
1.2 The provisions of these Terms and Conditions shall apply to all legal transactions with Bannerdesigner24.de.
By placing an order, the customer acknowledges the exclusive validity of our terms and conditions.
Unless otherwise agreed in writing.
2. The contract
2.1 A contract is concluded when an order is sent via our shopping cart system or an order is placed in writing or by email. You can make non-binding enquiries using our enquiry form.
2.2 We allow a cancellation period of 48 hours after the order has been sent. A later cancellation is no longer possible if the order is already being processed. All costs incurred will then be invoiced to the customer. Bannerdesigner24.de reserves the right to reject an order without giving reasons.
3. Appointments, working hours
3.1 Deadlines and appointments must always be recorded or confirmed in writing or by email. Our service hours are Monday to Friday only.
4. Binding nature of an order
4.1 For an online order that was placed by the customer to Bannerdesigner24.de via the shopping cart system or email, the customer will receive an order confirmation within 24 hours. The customer will receive an additional order confirmation automatically from the system when ordering via our shopping cart system.
4.2 The customer can cancel the order within 48 hours without giving reasons. The cancellation must be sent in writing (letter, fax or email) to Bannerdesigner24.de. Cancellation is no longer possible after the service has begun.
4.3 When the service begins, the order becomes binding for the customer. The agreed prices must be paid in all cases for services provided.
4.4 The acceptance period shall be a maximum of 10 days.
5. Duties and Liability of the Client / Copyright
5.1 The customer must provide Bannerdesigner24.de with graphics/images or other files to provide the service. If this is not possible, Bannerdesigner24.de will use graphics, images, etc. from its own portfolio databases.
5.2 Bannerdesigner24 acquires graphics and photos via license databases and uses these graphics as partial elements in the graphics to be created. Bannerdesigner24 transfers to the client the usage rights of the content graphics required for the respective purpose. Unless otherwise agreed, only a simple usage right is transferred in each case. A transfer of usage rights by the client to third parties requires a prior written agreement between the client and Bannerdesigner24.
5.3 The rights of use shall only be transferred to the client after full payment for our services has been made by the client.
5.4 It is the client's responsibility to name all graphics used in their project in the imprint and to indicate their origin. However, we expressly recommend this. For content with buildings, models, etc., Bannerdesigner24 recommends a note that these graphics are for illustrative use only. After payment for our service and delivery of the copyright-free graphics by Bannerdesigner24, the client will receive detailed information about the origin of the graphics used. The client will then be informed again about the right of use.
5.5 In order to fulfil the orders, the client is obliged to check the graphics/images/files provided by the client for any existing copyrights and to obtain any necessary permissions for their use.
5.6 Should there be any copyright infringements, any legal claims by third parties will be borne entirely by the customer. The customer alone bears responsibility for any text content or other publications.
5.7 The customer indemnifies Bannerdesigner24.de from all claims made by third parties against Bannerdesigner24.de due to conduct for which the customer is responsible or liable under the contract. The customer bears the costs of any legal action.
5.8 It is not permitted to use content from graphics created by Bannerdesigner24 for your own purposes or to resell them. The rights to use the raw graphics from photo license databases lie exclusively with Bannerdesigner24.
6. Payment processing
6.1 We generally accept payments in advance by bank transfer to our business account or via PayPal.
6.2 All copyright-free graphics will be delivered no later than 24 hours after receipt of payment. From this period onwards, the purchased graphics are the property (within the scope of the license) of the customer.
6.3 If the client fails to meet his payment obligation, we will hand the case over to our legal department. All additional costs incurred will then be borne by the client.
6.4 According to paragraph 19 of the Small Business Act, we are not entitled to deduct input tax and are exempt from collecting sales tax. No VAT amounts are claimed on any graphics. The client receives a detailed invoice, which is legally valid at any relevant tax office. (Business expenses)
7thwarranty agreement
7.1 We provide a graphic guarantee for the graphic or website layout ordered. If the client is not satisfied, he has the right to request changes to the graphic, a replacement graphic or changes to the web layout, provided that these have been paid for in advance.
8. Digital Data
8.1 Bannerdesigner24.de is not obliged to release files or layouts that were created on the computer to the client. If the client wishes to release computer data (e.g. original PhotoShop files), this must be agreed separately. Digital data is archived by Bannerdesigner24.de for a maximum of 24 months. A later release is then no longer possible.
8.2 If Bannerdesigner24.de has made original computer files available to the client, these may only be modified with the prior consent of Bannerdesigner24.de.
9. Final provisions
9.1 The client agrees that we may use the graphics, websites, etc. created for him via Bannerdesigner24.de and other portals of the company as reference graphics.
9.2 The law of the Federal Republic of Germany applies.
9.3 The place of jurisdiction is Schwerin if the client is a registered merchant, a legal entity under public law or a special fund under public law. In this case, however, we are also entitled to sue at the client's headquarters.
as of 10/2023