General Terms of Business designenlassen.de Logo-Shop
§ 1 Area of Validity
(1) The present general terms of business (hereinafter referred to as GTB) shall apply to the use of the logo-shop of the websitehttp http://www.designenlassen.de/logoshop logoshopof designenlassen.de - marketplace for creative services UG (limited liability) (hereinafter referred to as designenlassen.de).
(2) The buyer of a logo design of the logo-shop shall be referred to as Buyer hereinafter. The designer of a logo who publicly offers it for purchase by submitting it to the logo-shop of designenlassen.de shall be referred to as Designer hereinafter.
(3) Buyer and Designer acknowledge the present GTB by purchasing a logo or respectively submitting a logo to the logo-shop.
(4) The present GTB shall exclusively apply to the relationship of designenlassen.de to the Buyer and the Designer; the GTB of the Buyer and the Designer shall not apply even if the Buyer or Designer refers to them and they do not not expressly contradict designenlassen.de.
§ 2 General Terms
(1) Designers may offer their own logo drafts for online purchase in a logo-shop on the website of designenlassen.de. In this process, designenlassen.de shall act as a mediator between the Buyer and the Designer. An agency fee shall be charged for this service. The contract about using the logo design shall be concluded exclusively by the Buyer and the Designer.
(2) The Designer shall provide the Buyer with the draft offered by the Designer upon receiving the payment of the user fee exclusively under the following conditions.
(3) The platform of designenlassen.de shall not appear as a Designer and it shall only act as a marketplace. Designenlassen.de itself shall not become a contractual partner to the contract concluded exclusively by the Buyer and the Designers. The fulfillment of contracts concluded on the platform designenlassen.de shall also take place exclusively between the Buyer and the Designer.
§ 3 Conclusion and Implementation of Contract
(1) An agreement is concluded by the designer submitting an offer, which is published in the form of a draft design designonclick.com logo store at an indicated fixed price (utilisation fee), and by the purchaser accepting the terms of the agreement by confirming the General Terms and Conditions of Business and paying the shop store fee and the utilisation fee.
(2) Once the purchaser has accepted the designer's contract offer, both the purchaser and the designer will receive confirmation by e-mail of the conclusion of the agreement.
(3) Once the purchaser has confirmed receipt of the high resolution data, the utilisation fee is credited to the designer.
§ 4 Designer Rights and Duties
(1) After receipt of the notification, the designer delivers to the customer the draft in the file format desired by the buyer.
(2) The designer inserts the lettering required by the customer into the logo design; this service is covered by the utilisation fee.
(3) If, in addition to integrating the company name, the purchaser requires further changes to the logo (e.g., colour change, design changes), the designer is available to the purchaser for this purpose. Any additional changes are subject to payment on an hourly basis.
§ 5 Responsibility for Contents and Grant of Rights
(1) Designenlassen.de shall not be responsible for the accuracy, quality, or integrity of the published contents.
(2) Buyers and Designers shall exempt designenlassen.de from all claims that third parties may make against designenlassen.de based on contents submitted by members for publication. Designenlassen.de shall reserve the right to defend its rights against such claims. Members shall support designenlassen.de in warding off such claims in particular by providing all information required for the defense. Members shall be obliged to compensate designenlassen.de for damages caused by justified claims of third parties. This shall include expenses for prosecution.
(3) The Designer shall warrant that he is the personal author and the bearer of copyrights, rights to use, and all other possibly required rights to the draft offered by him on the website designenlassen.de.
(4) Unlawful and indecent contents should not be published, distributed, or made accessible through designenlassen.de.
(5) Designenlassen.de shall categorically reserve the right to remove contents of any kind.
§ 6 System Failure and Maintenance
(1) designenlassen.de shall endeavour to ensure that website of designenlassen.de is permanently functional. Nevertheless, system failure may occur occasionally. We shall constantly develop further and improve our platform. Scheduled and unscheduled maintenance works may occur at any time during which certain functions may not be available.
(2) Fee credits, offer extensions, or claims for damages shall not be granted in case of maintenance works and system failure.
§ 7 Liability of designenlassen.de
(1) Unless otherwise expressly stipulated the following regulations shall apply equally to designenlassen.de and its legal representatives, employees, and performing agents.
(2) The following limitations of liability shall equally apply to direct claims of members against legal representatives, employees, and performing agents of designenlassen.de.
(3) designenlassen.de shall be liable pursuant to the legal regulations
- to the extent provided by imperative legal regulations,
- for culpable injury to life, body, or health,
- for intentionally caused damages,
- for wanton negligence as far as the member is a consumer,
- for serious organizational faults by designenlassen.de
(4) Incidentally designenlassen.de shall be liable for property damages and financial losses in a limited amount
- for wanton negligence as far as the member is a contractor,
- for slightly negligent violation of essential contractual duties (cardinal duty),
- for every event causing damages to the extent that damages are typically predictable under the contract. Damages of EUR 500.00 per individual case and max. EUR 1,000.00 per year shall represent predictable damages under the typical contract.
(5) Incidentally the liability of designenlassen.de for property damages and financial losses shall be excluded. The liability of designenlassen.de for consequential damages, indirect damages, or loss of profit shall be excluded.
§ 8 Data Protection, Email Dispatch
(1) Personal data shall be collected by designenlassen.de during the registration process.
Members may revoke their consent to storing and processing of personal information at any time in writing immediately effective.
(2) Personal data of members shall only be used by designenlassen.de for internal purposes. Disclosure to third parties shall not occur.
(3) Members may view and update as needed the data in their account with designenlassen.de at any time with their screen names and passwords.
(4) Designenlassen.de shall use cookies, i.e., data that are stored on your computer, that can be accessed there, and that facilitate individual use of Internet contents. The stored information support website functionality. Accepting cookies shall be required for using the web site.
(5) Information in the account and the profile on the designenlassen.de are protected by a password so that only the member concerned has access to his or her personal information. Members shall be obliged to keep the password strictly confidential and to change it immediately when they have reason to assume that unauthorized third parties have gained knowledge of the password. Disclosure of the password to third parties shall not be permitted. Designenlassen.de shall not ask members for passwords in emails. Members shall take all measures to prevent misuse of the password by third parties for instance by signing off from their account and closing the window of their Internet browser always before leaving the designenlassen.de website; this applies in particular when you are using a PC at a public location.
(6) Changes of data protection guidelines are noted on the designenlassen.de website.
§ 9 Final Provisions
(1) Oral subsidiary agreements shall not exist. Changes and amendments to the contract of use between designenlassen.de and a members as well as changes to or the suspension of this written form clause shall require written form to take effect.
(2) The GTB shall apply as in force at the time when the contract was concluded. Designenlassen.de shall be entitled to change or amend the GTB upon adequate and timely notice. In that case members shall have the right to contradict such changes or amendments. Should the member not contradict within a month after receipt of the notice the changed or amended GTB shall apply as of that time. Members shall be made aware of the changes as well as their option of contradiction on the website of designenlassen.de.
(3) The laws of the Federal Republic of Germany shall apply. The place of jurisdiction shall be the place of business for designenlassen.de if both parties are commercial agents.
(4) Should one or several of these regulations become fully or partly legally ineffective, the validity of the other regulations shall remain unaffected by this. The ineffective provisions shall be replaced retroactively by a provision whose contents are almost identical and which is as close as possible to the intended provision.
