1. general<\/p>\n
1.1 Scope
\nThese General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract.
\nVersion for all business relations between us Bajorat Media, Mr. Pascal Bajorat, T\u00fcndel 20,
\n32791 Lage and you. Should you use conflicting general terms and conditions
\nhereby expressly contradicted.<\/p>\n
1.2 Contract agreement
\nContract language is German.<\/p>\n
1.3 Conclusion of contract
\nThe conclusion of the contract takes place individually by offer and acceptance. Unless otherwise agreed
\nThe usual procedure is that you send us an inquiry and receive a binding offer from us.
\nwhich you can then accept within two weeks. With the acceptance the contract comes
\nconcluded. A separate storage of the text of the contract by us does not take place, but the
\nThe content of the contract shall be determined individually in each case by the agreement reached.<\/p>\n
1.4 Subsequent amendment of the terms and conditions
\nWe are entitled to make subsequent adjustments and additions to the General Terms and Conditions vis-\u00e0-vis
\nexisting business relationships, insofar as changes in legislation or
\ncase law requires it or other circumstances lead to the fact that the contractual
\nequivalence ratio is not only insignificantly disturbed. A subsequent change in the
\nTerms and Conditions shall become effective if you do not notify us within six weeks after notification of the
\nchange. We will expressly inform you of the effect of your silence at the beginning of the period.
\nas acceptance of the amendment to the contract and to give you the opportunity during the period
\nan express declaration. If you object within the specified period, both we and you may
\nterminate the contractual relationship extraordinarily, insofar as we do not continue the contractual relationship under the old
\nGeneral Terms and Conditions continue to exist.<\/p>\n
2. performance description and delivery<\/p>\n
2.1 General
\nWe offer a wide range of services in the field of web design, programming, social media and hosting.
\nan. You can also purchase our software on request. The exact scope of services will be individually
\nagreed with you.<\/p>\n
2.2 Service provision
\nWe are entitled to have the contract or parts of the contract fulfilled by third parties. As far as you yourself
\nwant to include third-party services in your order (e.g. from domain and hosting providers) or
\nProvider of other services that are associated with ongoing costs, these services are to be paid for by you
\nto refer to own name.<\/p>\n
2.3 Partial deliveries
\nWe are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries fall
\nHowever, you will not be charged additional shipping costs.<\/p>\n
2.4 Delays in Delivery and Performance and Withdrawal
\nDelays in delivery and performance due to force majeure and due to extraordinary and
\nunforeseeable events which cannot be prevented even by the utmost care on our part.
\n(this includes, in particular, strikes, official or judicial orders and cases of non
\ncorrect or improper self-delivery despite a covering transaction to that effect), have
\nwe are not responsible for. They entitle us to postpone delivery for the duration of the impeding event.
\nto move.<\/p>\n
In the event of non-availability for reasons stated above, we may withdraw from the contract. We undertake
\nus to inform you immediately about the unavailability and to reimburse you for any services already rendered.
\nto reimburse counter-performances without undue delay.<\/p>\n
If the delay in performance is due to your fault, we reserve the right to
\nservices and the associated prices to be recalculated and adjusted accordingly. Should you
\ndo not agree with this adjustment, you may withdraw from the contract in accordance with 2.6.<\/p>\n
2.5 Requests for changes and extensions
\nRequests for changes and extensions will, unless otherwise agreed or booked
\nhas been carried out, only if they are necessary to achieve the purpose of the contract. At
\ncustomer's express request, however, requests for changes and extensions can be made by our
\nseparate commissioning can be carried out. This shall then be remunerated separately. The following shall also be remunerated
\nalso the examination of the feasibility of the change and extension requests.<\/p>\n
2.6 Early termination
\nShould you wish to terminate your order prematurely, we reserve the right to charge you for the already performed
\nservices or futile expenses, but at least 30 % of the order value.
\nto provide. A claim for completion of our work is not applicable. You have the option to
\nto prove that we have incurred no damage or a lesser damage.<\/p>\n
2.7 Exclusion of delivery
\nP.O. Box addresses are not delivered.<\/p>\n
2.8 Default of acceptance
\nIf you are in default with the acceptance of the ordered goods, we shall be entitled, after setting an appropriate
\nperiod of grace, the customer is entitled to withdraw from the contract and to claim damages for
\nto claim non-fulfillment. During the delay in acceptance, you shall bear the risk of accidental
\nloss or accidental deterioration.<\/p>\n
2.9 Performance time
\nIf your cooperation is required or agreed for our performance, the performance time shall be extended by
\nthe time you have not fulfilled this obligation. Do you wish after scheduling
\nchanges or additions, the agreed deadlines\/dates can no longer be met.
\nUnless expressly agreed otherwise, we shall commence with our performance within
\n14 days after conclusion of the contract.<\/p>\n
2.10 Data delivery, transfer and archiving
\nYou do not have the right to receive the source files or the layout file of the works created for you
\nor services. If you still want the source or layout file, you have this separately
\nto be agreed with us and to be remunerated separately.<\/p>\n
Likewise, it is incumbent upon us to decide on the application software used for the creation of the interim or
\nfinal data. A release of development and intermediate data is not owed. The
\nOrder data is destroyed or archived by us after fulfillment of the contract. We have no
\nRetention requirement.<\/p>\n
2.11 Interim Acceptances
\nWe reserve the right to carry out interim acceptances and to make the further execution of our performance dependent on
\nyour approval. This includes in particular the acceptance of concept designs
\nfor graphics and programming suggestions. On this basis we will then our further performance
\nprovide. For test runs or acceptance tests, you have, unless you can examine them yourself,
\nauthorized employees at your disposal. Insofar as we provide you with drafts and\/or test versions of
\nwith a reasonable period of time for checking for correctness and completeness,
\nthe drafts and\/or test versions shall be deemed to have been approved upon expiry of the deadline, unless we do not
\nCorrection request received.<\/p>\n
Rejected designs remain our property and a right of use is not transferred. They
\nmay therefore not use them unless we have made a different agreement.<\/p>\n
2.12 IT infrastructure
\nYou are responsible for setting up and maintaining the IT infrastructure for your project.
\nresponsible. In particular, you yourself are responsible for the setting and retrievability of your website or social
\nMedia page and for a functional Internet access to provide.<\/p>\n
3. payment<\/p>\n
3.1 Prices
\nAll prices are to be understood as plus vis-\u00e0-vis companies and inclusive vis-\u00e0-vis consumers.
\nsales tax. In addition, there are the costs for packaging and delivery, which are shown separately in each case.
\nShipping, unless collection by you at our place of business is agreed. Unless otherwise
\nagreed otherwise, invoices are due immediately and payable without deduction. We reserve the right to
\nWe reserve the right to calculate external services individually and not to show purchase prices separately. Please
\nalso note that we charge for certain services according to the time we spend on them. Our
\nHourly rate can be found in the offer. The form of invoicing is also incumbent on us
\n(e.g. by mail or by post). For our term contracts, we will invoice you on a monthly basis.<\/p>\n
3.2 Advance payment and\/or partial invoices
\nWe reserve the right to request advance payment and\/or partial invoicing for extensive work.
\ndemand. This applies in particular if we use the services of third parties to fulfill the contract.<\/p>\n
3.3 Default of payment
\nYou will be in default of payment if the payment (whether a total price or a
\npayment in installments has been agreed) not within two weeks after receipt of the invoice with us.
\nis received. In the event of default in payment, interest shall be charged at a rate of 5 percentage points above the base interest rate of the
\nEuropean Central Bank, or 9 percentage points above the European Central Bank's prime rate.
\nCentral Bank for legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros.
\nto provide. We reserve the right to claim damages in excess of this amount.
\nYou have the option of proving that we have suffered no or less damage.
\nIn case of late payment, we reserve the right to stop our work until you meet the payment obligation.
\nhave complied with. We will invoice you for the additional costs incurred in this regard.
\nIn addition, in the event of default in payment, we shall be entitled to cancel all further payment obligations that you have towards us.
\nimmediately and, in the case of payment by installments, also the total price.<\/p>\n
3.4 Collecting Societies and Artists' Social Security Fund
\nYou must obtain the necessary permits in advance yourself or obtain the necessary rights.
\nand fees (e.g. with GEMA) that affect your project. With the
\nAwarding of contracts in the artistic, conceptual and advertising consulting field to a natural
\nperson, you are also required to pay an artists' social security contribution to the artists' social security fund, which does not
\nof our remuneration is to be charged. You are also responsible for compliance with the obligation to register and submit
\nresponsible. We shall inform you in advance if one of our services is affected by such a
\nadditional remuneration is affected. If we have to pay in advance for you in this case, you have to give us
\nto reimburse the respective amount upon presentation of proof.<\/p>\n
3.5 Right of retention
\nYou shall only be entitled to assert a right of retention for such counterclaims that are
\nare due and based on the same legal relationship as your obligation.<\/p>\n
3.6 Cost estimates
\nIf we submit cost estimates, these are non-binding. If it is foreseeable that the
\nactual costs exceed the prices quoted by us in text form by more than 15 %, we shall
\nadvise you of the higher costs. You are deemed to have approved the cost overrun if you
\nwithin three working days after this notice in text form. Alternatively you can send us
\ngladly provide a less expensive alternative. If it is a cost overrun up to 15 % is
\na separate notification is not required.<\/p>\n
3.7 Term and termination
\nOur contracts with terms can each be terminated with a notice period of 14 days to the respective
\nterm in text form, without stating any reasons. If timely notice is not given
\ntermination, the contract shall be automatically extended by the respective initial term, but by a maximum of in each case
\none year.<\/p>\n
If the contract is concluded for an indefinite period of time, it can be terminated with a notice period of 3 months to the respective
\nThe contract can be terminated at the end of the month.<\/p>\n
The right to extraordinary termination for good cause and any existing
\nRight of withdrawal is not affected by this.<\/p>\n
4. cancellation policy for consumers in distance contracts<\/p>\n
4.1 Cancellation policy for downloads<\/p>\n
Right of withdrawal
\nYou have the right to cancel this contract within fourteen days without giving any reason.
\nThe withdrawal period is fourteen days from the date of conclusion of the contract.
\nTo exercise your right of withdrawal, you must contact us (Bajorat Media, Mr. Pascal Bajorat, T\u00fcndel 20, 32791 Lage, Phone: +49 (0)30 \/ 3472 7905, Fax: +49 (0)322 \/ 2933 0376, e-mail: info@pascal-bajorat.com) by means of
\na clear declaration (e.g. a letter sent by mail, fax or e-mail) about your
\ndecision to revoke this contract. For this purpose you can use the attached sample withdrawal form
\nuse, which, however, is not mandatory.
\nTo comply with the revocation period, it is sufficient that you send the notice of exercise of the
\nright of withdrawal before the expiry of the withdrawal period.<\/p>\n
Consequences of the revocation
\nIf you cancel this contract, we will have to pay you all the payments we have received from you,
\nincluding the delivery costs (with the exception of the additional costs resulting from the fact that you have
\nhave chosen a type of delivery other than the cheapest standard delivery offered by us),
\nwithout undue delay and at the latest within fourteen days from the day on which the notification is
\nabout your revocation of this contract has been received by us. For this repayment we use
\nsame means of payment that you used in the original transaction, unless with
\nYou have been expressly agreed otherwise; in no event shall you be liable for any damages on account of these
\nRepayment charges.<\/p>\n
- End of the cancellation policy -<\/p>\n
Special notes on the premature expiry of the right of withdrawal
\nIn the case of a contract for the delivery of digital data not on a tangible medium
\ncontent (e.g. downloads), your right of revocation expires prematurely if the entrepreneur has started to execute the
\nof the contract has commenced after you have expressly consented to the contractor commencing the
\nExecution of the contract begins before the expiry of the withdrawal period and you confirm your knowledge thereof
\nthat by agreeing to this, you will exercise your right of withdrawal at the beginning of the execution of the contract.
\nlose<\/p>\n
4.2 Cancellation policy for services
\nRight of withdrawal
\nYou have the right to cancel this contract within fourteen days without giving any reason.
\nThe withdrawal period is fourteen days from the date of conclusion of the contract.
\nTo exercise your right of withdrawal, you must contact us (Bajorat Media, Mr. Pascal Bajorat, T\u00fcndel 20, 32791 Lage, Phone: +49 (0)30 \/ 3472 7905, Fax: +49 (0)322 \/ 2933 0376, e-mail: info@pascal-bajorat.com) by means of
\na clear declaration (e.g. a letter sent by mail, fax or e-mail) about your
\ndecision to revoke this contract. For this purpose you can use the attached sample withdrawal form
\nuse, which, however, is not mandatory.
\nTo comply with the revocation period, it is sufficient that you send the notice of exercise of the
\nright of withdrawal before the expiry of the withdrawal period.<\/p>\n
Consequences of the revocation
\nIf you cancel this contract, we will have to pay you all the payments we have received from you,
\nincluding the delivery costs (with the exception of the additional costs resulting from the fact that you have
\nhave chosen a type of delivery other than the cheapest standard delivery offered by us),
\nwithout undue delay and at the latest within fourteen days from the day on which the notification is
\nabout your revocation of this contract has been received by us. For this repayment we use
\nsame means of payment that you used in the original transaction, unless with
\nYou have been expressly agreed otherwise; in no event shall you be liable for any damages on account of these
\nRepayment charges.<\/p>\n
If you have requested that the services begin during the revocation period, you must give us
\npay a reasonable amount that corresponds to the share of the costs incurred up to the date on which you notify us of the
\nexercise the right of revocation with respect to this contract, already provided.
\nServices in comparison with the total scope of services provided for in the contract.
\ncorresponds.<\/p>\n
- End of the cancellation policy -<\/p>\n
Special notes on the premature expiry of the right of withdrawal
\nYour right of withdrawal expires prematurely when we have provided the service in full and with the
\nexecution of the service only after you have given your express consent to do so.
\nand at the same time you have confirmed that you are aware of the fact that you can exercise your right of revocation in the case of
\ncomplete fulfillment of the contract by us.<\/p>\n<\/div>\n
5. your responsibility
\n5.1 General
\nYou are solely responsible for the content and accuracy of the data, contributions and information you submit
\nresponsible (especially pictures and videos). These must not violate any applicable laws with the content.
\nlaws, nor these Terms and Conditions. You also agree not to
\ntransmit data whose contents infringe the rights of third parties (e.g. personal rights, rights to a name,
\ntrademark rights, copyrights, etc.). In particular, contributions with criminal content may not
\npublished or untrue facts are alleged.<\/p>\n
5.2 Exemption
\nYou shall indemnify us against all claims asserted against us by third parties on account of such violations.
\nbe asserted. This also includes the reimbursement of costs of necessary legal representation.<\/p>\n
5.3 Data backup
\nYou are jointly responsible for securing the information sent. We cannot be held responsible for the
\nloss of the information you have sent, as we cannot be held responsible for any general
\nAssume data backup guarantee.<\/p>\n
5.4 Form and handling of the data
\nUnless otherwise agreed, you shall provide us with the information necessary for your order, contributions
\nor data free of charge and in digital form. Should you request the return of these
\ndocuments, you must inform us of this in advance. If you fail to notify us accordingly
\nwe reserve the right to destroy or delete them or to archive them for our database.<\/p>\n
5.5 Testing
\nIf we have doubts about the legality of the requested project, we can, after consultation
\nhave an inspection carried out with you by a competent third party that you have to remunerate separately
\nhave<\/p>\n
5.6 Duty to cooperate
\nYou are obligated to provide the cooperation services necessary for the contract so that we can
\nbe able to perform the contractual service. In particular, you must inform us about your projects or websites\/.
\nsocial media sites, so that we can take the appropriate measures to ensure success.
\ncan be. You acknowledge the need to cooperate in your commissioned work to the extent that
\nyou the data, files and other materials such as texts, images required for the fulfillment of the order,
\nillustrations, printed matter (brochures, flyers, etc.) or other media to us as promptly as possible and
\nfree of charge. The obligation to cooperate can be waived for the period of processing the
\nOrder also the assignment of access rights for existing social media, hosting and domain accounts
\nto us. Your cooperation in the planned project does not affect the agreed remuneration.
\nIn particular, you do not acquire any joint copyright in the respective work.<\/p>\n
5.7 Secrecy
\nYou are obligated to disclose all information provided to you by us during the performance of the contract and \/ or
\nbusiness and trade secrets that become known and information designated as confidential
\nto maintain secrecy. The obligation to maintain secrecy shall also apply for the time after termination of the order.
\nWe also undertake to do this, unless the order requires us to pass on the data to third parties. It is us
\ne.g. expressly permitted to use the personal data entrusted to us within the scope of the
\nservice provision or to have them processed by third parties. Within the scope of a
\nlegal dispute, we are entitled to protect our interests even without prior release from the
\nConfidentiality entitles you to disclose your internal information. Confidentiality does not apply to
\ninformation that is generally accessible is published by the other party itself
\nor have become known from third parties.<\/p>\n
5.8 Legal advice and review
\nWe would like to point out that legal advice or examination is not part of our service.
\nand you need to hire a professional for this. In particular regarding the mandatory information for websites\/
\nCompany profiles (e.g. imprint and privacy policy) you have to inform yourself comprehensively
\nand to provide or enter the necessary documents themselves.<\/p>\n
5.9 Industry-specific knowledge
\nWe would also like to point out that we do not have any industry-specific knowledge about your project.
\nor your company and you should point out to us in advance all the points that are relevant to you.
\nSurveys, surveys or market research on user behavior for your planned
\nprojects \/ your website \/ your social media profile are not carried out by us.
\nHowever, we always provide our services to the best of our knowledge and make use of the
\ngenerally available market research documents and information. A certain advertising success is
\nhowever, is not owed.<\/p>\n
5.10 Obligation
\nYou agree that the services or works to be provided by us will not cause you to
\nintend illegal or immoral activities.<\/p>\n
5.11 Abusive content
\nAbusive content will be deleted by us without notice or will not be included in our
\nWork integrated. Such content designs are given, for example, in the following cases:
\n- to the representation of injurious, obscene, threatening, insulting or in other way rights third
\ninfringing content,
\n- Content glorifying violence, pornographic or otherwise offensive or punishable content
\n- for sending spam,
\n- to send and store viruses, worms, Trojans and malicious computer codes, files,
\nScripts, agents or programs,
\n- to upload programs that are likely to disturb, interfere with or damage our operation
\nprevent
\n- with the attempt to gain unauthorized access to our service or to individual modules, systems
\nor applications or to grant them to third parties,
\nIn case of recurring violations, we reserve the right to terminate the contractual relationship with you and\/or
\nto withdraw from the contract. Payments already made can not be refunded in this case.
\nbe. You shall compensate us for the damage incurred up to that point or for our futile expenses.
\nreplace. The right to extraordinary termination remains unaffected.<\/p>\n
6. retention of title
\n6.1 General
\nIf you are an entrepreneur, the goods, works and materials delivered by us shall remain our property until the
\ncomplete fulfillment of all present and future claims arising from the
\nbusiness relationship shall remain our property. With respect to consumers, only the delivered product remains from
\nthe specific contract until full payment of the purchase price in our property. You have the
\nto treat the items subject to retention of title with care at all times. You relinquish any claim
\nor compensation you receive for the damage, destruction or loss of these items to us.
\nUnless otherwise agreed below, you are not entitled to sell, give away, pledge or assign by way of security the items delivered to you under retention of title.<\/p>\n
6.2 Attachment and other impairments
\nIf the item subject to the retention of title is seized or otherwise seized by third parties
\nyou must notify us immediately so that an action can be brought in accordance with \u00a7771 ZPO.
\ncan be made. Insofar as the third party is not in a position to bear the judicial and extrajudicial costs of a
\naction pursuant to Section 771 of the German Code of Civil Procedure (ZPO), you shall be liable for the loss incurred by us.<\/p>\n
6.3 Resale
\nIf you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business.
\nbusiness transactions. The claims of the purchaser from the resale of the
\nYou hereby assign to us the goods subject to retention of title in the amount of the agreed final invoice amount (incl. the purchase price).
\nvalue added tax). This assignment shall apply irrespective of whether the object of sale is sold without or after processing.
\nhas been resold. You shall remain authorized to collect the claim even after the assignment.
\nThe authority of us to collect the claim ourselves remains unaffected. We shall, however, collect the
\nnot collect the receivable as long as you meet your payment obligations from the proceeds collected.
\nare not in default of payment and, in particular, have not filed an application for the opening of a
\ninsolvency proceedings have been filed or payments have been suspended.<\/p>\n
6.4 Transformation, treatment and processing
\nInsofar as you are an entrepreneur, the processing or transformation of the object of sale shall be carried out by you.
\nalways in the name and on behalf of us. In this case, your expectant right to the object of sale shall be settled in
\nof the transformed object. If the object of sale is combined with other objects that do not belong to us, the
\nprocessed, we shall acquire co-ownership of the new item in the ratio of the objective value of the
\npurchase item to the other processed items at the time of processing. The same shall apply in the event
\nthe mixing. If the mixing takes place in such a way that your object is to be regarded as the main
\nis, it shall be deemed agreed that you transfer co-ownership to us on a pro rata basis and that the resulting
\nhold sole ownership or co-ownership in safe custody for us. To secure the claims against you, you assign
\nalso assign to us such claims as may accrue to you through the combination of the goods subject to retention of title with a
\nproperty against a third party; we accept this assignment already now.<\/p>\n
6.5 Take back
\nIn the event of any breach of contract by you, in particular in the event of default in payment, but also in the event of the
\napplication for insolvency proceedings against your assets, we are entitled to take back the item.
\nIn this case, taking back the item does not constitute a withdrawal from the contract, unless we declare this.
\nexpressly in text form.<\/p>\n
6.6 Release of collateral
\nIf the value of the collateral exceeds the value of the secured claims by more than 15 percent, we are
\nwe are obliged to release securities at your request.<\/p>\n
7. copyright and rights of use<\/p>\n
7.1 Rights of use and scope of use
\nWe have the copyright to the works created by us (e.g. also concepts and drafts) resp.
\nthat exclusive right of use or ownership. With the acquisition of the
\nservices\/works and full payment of the agreed price, you merely secure the rights to use the service product\/work for the agreed purpose, but do not acquire any rights to it.
\nProperty Rights or Copyrights.
\nYou are not entitled to use the rights of use granted by us without our express consent.
\nto transfer them to third parties against payment or free of charge or to pass them on to third parties in any other way. The
\nThe transfer of further rights of use can be agreed separately with us and is to be paid separately.
\nremunerate. Likewise, without express permission, it is prohibited to modify the works or to
\nedit<\/p>\n
7.2 Backup copies
\nYou are entitled to make back-up copies for your own personal use only of the documents created by us on your behalf.
\nTo make and keep works.<\/p>\n
7.3 Copyright designation
\nTo the extent that we have included a copyright notice\/copyright notice on our work, you may
\nnot remove or modify it without our consent.<\/p>\n
7.4 Compensation
\nWe reserve the right for any violation of the contractual license terms,
\nespecially in the case of copyright infringement, to claim the damage incurred.<\/p>\n
7.5 Your templates and third-party material
\nIf we use your templates or data for processing, you have to ensure that
\nthey are not encumbered with third-party rights or you have the necessary rights of use.
\nIf a claim is made against us by the licensor because the third-party licensed material was not properly
\nyou shall be liable to compensate us for any damage resulting therefrom.<\/p>\n
8. reference right
\nWe grant ourselves the right to use on the services and works offered by us to
\nor to name you as a reference. We also reserve the right to use services rendered such as
\nUse designs, even if based on your artwork, for presentation purposes,
\nin particular to include it in a reference list for advertising purposes and to set corresponding links.
\nYou have the right to object to this.<\/p>\n
9. warranty for contracts for work and services<\/p>\n
9.1 Warranty claim
\nThere are statutory warranty rights. If the work is defective and you demand subsequent performance,
\nwe may, at our discretion, remedy the defect or produce a new work. If defects are also
\nnot remedied after at least two attempts to remedy the defect, you shall be entitled to
\nWithdrawal or reduction.<\/p>\n
9.2 Rights in case of insignificant defect
\nIn the event of an insignificant defect, you shall have the following rights, to the exclusion of the right of withdrawal
\nThe Supplier shall only be entitled to a reasonable reduction of the agreed remuneration for the work.<\/p>\n
9.3 Compensation for defects
\nNo liability is accepted for damage resulting from improper handling or use.
\nwarranty. The following disclaimer is expressly referred to.<\/p>\n
9.4 Transfer of risk
\nThe risk of accidental loss or deterioration of the work shall be transferred to the
\nThe warranty shall only be transferred to you upon acceptance of the work.<\/p>\n
9.5 Communication
\nShould you realize that the outer packaging arrives damaged or after receipt of the goods
\nyou notice any damage, we ask you to report it. However, there is neither an obligation
\nto such notice, nor shall failure to give such notice affect the warranty rights of the
\nof the consumer is affected.<\/p>\n
9.6 Limitation
\nWarranty claims shall become statute-barred within one year after the transfer of risk, insofar as it is a matter of
\nthe construction of a building or a work, the success of which lies in the provision of planning or design services.
\nmonitoring services for this purpose. In these cases, the limitation period is five years. The
\nShortening of the statute of limitations expressly does not exclude liability for damages arising from the violation of the
\nlife, body or health or in the event of intent or gross negligence. Also
\nthe provisions of the Product Liability Act shall remain unaffected.<\/p>\n
10. social media channels
\nWe expressly draw your attention to the fact that the providers of \"social media channels\" (e.g. Facebook) es
\nreserve the right in its terms of use to terminate advertisements and adverts for any reason whatsoever.
\nremove or reject. These are therefore not obliged to provide information and content to their users
\nor to make them accessible. It may therefore be the case that advertisements and appearances
\nremoved without cause. In the event of a complaint, these providers do concede the right to
\ncounterstatement, but the content or information will be removed anyway. The recovery of the
\nlawful and original condition may therefore take some time. With our
\nwork, the terms of use of these providers are always included and observed. We have
\nHowever, we have no influence on the design of these conditions, which may also change continuously.
\nWe always perform our work to the best of our knowledge and belief. Through the possibility of each
\nUser to claim infringement and have content and information deleted accordingly,
\nHowever, we cannot guarantee that they will be available or retrievable at all times.<\/p>\n
11. liability<\/p>\n
11.1 Disclaimer
\nWe as well as our legal representatives and vicarious agents are only liable for intent or gross negligence.
\nnegligence. Insofar as essential contractual obligations (i.e. those obligations whose observance is essential for the
\nof particular importance to the achievement of the purpose of the contract) are affected, light
\nnegligence. The liability is limited to the foreseeable, contract-typical damage.
\nDamages. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non
\nessential contractual obligations only to the amount of the foreseeable, contract-typical damage.<\/p>\n
11.2 Reservation of liability
\nThe above exclusion of liability does not apply to liability for damages resulting from injury to life,
\nof the body or health. The provisions of the Product Liability Act shall also remain unaffected by this.
\nDisclaimer unaffected.<\/p>\n
11.3 Data backup
\nWe carry out effective data backups as part of the service provision, but take over
\nno general data protection guarantee for the data transmitted by you. You are also responsible for
\nresponsible to create appropriate backups of your data at regular intervals and thus avoid a
\nprevent data loss. When providing the agreed service, we shall allow the appropriate
\nWe will exercise due diligence and provide data backup with the required expertise. We back up
\nHowever, we cannot guarantee that the stored content or data you access will not be inadvertently
\ndamaged or falsified, lost or partially removed.<\/p>\n
11.4 Liability for contents
\nWe are not liable for your incorrect information\/content in your posts or files. A review of the
\n(in particular with regard to the infringement of third party rights, the correctness of factual or legal information).
\nadvertising statements) does not take place. However, should we learn of any erroneous, inaccurate or misleading
\nor illegal content, we will check it immediately and remove it if necessary.
\nFurthermore, we do not assume any liability for the accuracy, timeliness, completeness, quality or
\nLegality of the content not entirely created by us. We only feed your content\/contributions\/.
\nData in.<\/p>\n
11.5 Commissioning of third parties
\nWe are not liable for orders with third parties that are made in your name and on your account. In this case
\nwe act only as an intermediary. The contractual relationship is between you and the third party.<\/p>\n
12. data protection<\/p>\n
12.1 General
\nData collected and processed by us within the scope of the conclusion and execution of the contract
\npersonal data serve exclusively the contract justification, content arrangement,
\nImplementation or processing of the contractual relationship (Art. 6 I b DSGVO). They are basically
\nnot passed on to third parties. Only for the fulfillment of the contract, the data will be passed on to the company responsible for the delivery.
\nto shipping companies, insofar as this is necessary for the delivery of ordered goods.
\nFor the processing of payments, the payment data required for this purpose will be passed on to the company responsible for the payment.
\nand, if applicable, the payment service provider commissioned and selected.
\nPersonal data is therefore only used to the extent necessary or insofar as we are able to
\nare required to do so by law or court order or, if necessary, to prevent an abusive
\nuse contrary to the General Terms and Conditions in a lawful manner.<\/p>\n
12.2 Storage
\nWe store your personal data after the termination of the purpose for which the data was
\nonly for as long as this is required by law (in particular tax law).
\nregulations is required.<\/p>\n
12.3 Your rights in relation to your data<\/p>\n
12.3.1 Information
\nYou can request information from us about whether we have collected personal data from you
\nand insofar as this is the case, you have a right of access to these personal data.
\ndata and to the further information mentioned in Art. 15 DSGVO.<\/p>\n
12.3.2 Right to rectification
\nYou have the right to have inaccurate personal data concerning you corrected; and
\nmay request the completion of incomplete personal data pursuant to Art. 16 DSGVO.<\/p>\n
12.3.3 Right to deletion
\nYou have the right to request that the personal data concerning you be
\ndeleted without delay. We are obliged to delete them immediately, in particular if
\none of the following reasons applies:<\/p>\n
- Your personal data is not to be used for any purpose for which it was collected or otherwise used.
\nhave been processed, are no longer necessary.
\n- You revoke your consent on which the processing of your data was based and there is a lack of
\nany other legal basis for the processing.
\n- Your data has been processed unlawfully.
\nThe right to deletion does not exist insofar as your personal data is used for the assertion,
\nexercise or defense of our legal claims.<\/p>\n
12.3.4 Right to restrict processing
\nYou have the right to request that we restrict the processing of your personal data.
\nrequire when<\/p>\n
- you dispute the accuracy of the data and we therefore verify the accuracy,
\n- the processing is unlawful and you object to the erasure and instead request the
\nRequire restriction of use
\n- we no longer need the data, but you wish to use them for the assertion, exercise or
\ndefense of legal claims,
\n- you have objected to the processing of your data and it has not yet been determined whether
\nour legitimate reasons outweigh your reasons.<\/p>\n
12.3.5 Right to data portability
\nYou have the right to have the personal data concerning you that you have provided to us in
\nin a structured, common and machine-readable format and you have the right to receive these
\ndata to another controller without hindrance from us, provided that the processing is
\nbased on consent or a contract and the processing is carried out by us with the help of automated
\nprocedure takes place.<\/p>\n
12.3.6 Right of revocation
\nInsofar as the processing of your personal data is based on consent, you have the right to
\nrevoke this consent at any time.<\/p>\n
12.3.7 General and right of appeal
\nThe exercise of your above rights is in principle free of charge for you. You have the right to contact
\ncomplaints directly to the supervisory authority responsible for us under data protection law.<\/p>\n
12.4 Responsible party \/ contact for data protection
\nTo contact us regarding data protection, please feel free to contact us using the
\nfollowing contact options. Responsible person in the sense of the DSGVO:<\/p>\n
Bajorat Media
\nMr. Pascal Bajorat
\nBundle 20
\n32791 Location
\nE-mail: info@pascal-bajorat.com
\nPhone: +49 (0)30 \/ 3472 7905<\/p>\n
13. final provisions<\/p>\n
13.1 Jurisdiction
\nOur registered office shall be the exclusive place of jurisdiction for all legal disputes arising from this contract.
\nagreed, provided that you are a merchant, a legal person under public law or a public-law entity.
\nspecial assets or if you do not have a place of jurisdiction in the Federal Republic of Germany.<\/p>\n
13.2 Choice of law
\nUnless mandatory statutory provisions according to your home country's law conflict with this, German
\nlaw, excluding the UN Convention on Contracts for the International Sale of Goods, shall be deemed agreed.<\/p>\n
13.3 Consumer Dispute Resolution Procedure
\nThe EU Commission has set up an Internet platform for the online settlement of disputes concerning
\ncontractual obligations arising from online contracts (ODR platform). You can use the ODR platform
\nreach at the following link: http:\/\/ec.europa.eu\/consumers\/odr\/. We are not ready and not
\nobliged to participate in a dispute resolution procedure before a consumer arbitration board.<\/p>\n
13.4 Severability clause
\nThe invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
\nTerms and conditions do not.<\/p>","protected":false},"excerpt":{"rendered":"
1. Allgemeines 1.1 Geltungsbereich Diese Allgemeinen Gesch\u00e4ftsbedingungen gelten in der zum Zeitpunkt des Vertragsschlusses g\u00fcltigen Fassung f\u00fcr alle Gesch\u00e4ftsbeziehungen zwischen uns Bajorat Media, Herr Pascal Bajorat, T\u00fcndel 20, 32791 Lage und Ihnen. Sollten Sie entgegenstehende Allgemeine Gesch\u00e4ftsbedingungen verwenden, wird diesen hiermit ausdr\u00fccklich widersprochen. 1.2 Vertragsvereinbarung Vertragssprache ist deutsch. 1.3 Vertragsschluss Der Vertragsschluss findet individuell durch […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-47","page","type-page","status-publish","hentry"],"acf":[],"jetpack_shortlink":"https:\/\/wp.me\/PadDin-L","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/pages\/47","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/comments?post=47"}],"version-history":[{"count":3,"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/pages\/47\/revisions"}],"predecessor-version":[{"id":112,"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/pages\/47\/revisions\/112"}],"wp:attachment":[{"href":"https:\/\/store.bajorat-media.com\/en\/wp-json\/wp\/v2\/media?parent=47"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}