General Terms and Conditions
1 Scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services of Werte Medien Agentur (hereinafter referred to as the ‘Agency’).
1.2 Deviating or supplementary terms and conditions of the customer shall only become part of the contract if the Agency has expressly agreed to them in writing.
2 Scope of services
2.1 The Agency offers services in the areas of print products, advertising materials, trade fair equipment, web design, logo design and other creative and advertising services.
2.2 The exact scope of services is set out in the individual offer, the order confirmation or the contract.
2.3 The agency reserves the right to provide partial services if these are reasonable for the customer.
3 Conclusion of contract
3.1 The Agency's offers are subject to change and non-binding. A contract shall only come into existence upon written order confirmation by the Agency.
3.2 Amendments, supplements or ancillary agreements must be made in writing and require the express consent of both parties.
4 Obligations of the customer to co-operate
4.1 The customer undertakes to provide the agency in good time with all documents, data and information necessary for the fulfilment of the contract.
4.2 Delays or additional expenses incurred as a result of late or incomplete co-operation on the part of the customer shall be borne by the customer and may be charged separately.
5 Rights of use and reference utilisation
5.1 All works created by the Agency (e.g. designs, concepts, layouts) shall remain the property of the Agency until the agreed fee has been paid in full.
5.2 Upon full payment, the client shall receive the simple rights of use to the works created, unless otherwise agreed in writing.
5.3 The Agency shall be entitled to use the created works as references for its own marketing purposes (e.g. on the website, in social media, in presentations), unless the Client expressly objects in writing.
6 Remuneration and terms of payment
6.1 All prices are net prices plus statutory VAT, unless otherwise stated.
6.2 Agency invoices shall be payable within 7 days of the invoice date without deduction, unless otherwise agreed.
6.3 In the event of late payment, the Agency shall be entitled to charge interest on arrears at the statutory rate as well as reminder fees.
6.4 Discounts or other deductions shall require an express written agreement.
7 Delivery periods and time of performance
7.1 Delivery deadlines and performance dates are only binding if they have been confirmed in writing.
7.2 Delays due to force majeure or other circumstances for which the Agency is not responsible (e.g. delivery bottlenecks at suppliers, technical faults) shall extend the delivery period accordingly. The customer shall be informed immediately in such cases.
8 Warranty and liability
8.1 The customer must inspect the services provided by the agency immediately upon receipt and report any obvious defects in writing within 7 calendar days.
8.2 In the event of justified complaints, the Agency shall be entitled to rectify the defect or supply a replacement. If this fails, the customer may demand a reduction in price or withdraw from the contract.
8.3 The Agency's liability shall be limited to intent and gross negligence. The Agency shall only be liable for simple negligence in the event of a breach of essential contractual obligations (cardinal obligations).
8.4 Liability for indirect damages, loss of profit or other consequential damages is excluded to the extent permitted by law.
9 Cancellation and termination
9.1 The Agency shall be entitled to withdraw from the contract or to terminate it without notice if the Customer fails to fulfil its contractual obligations or if the performance of the contract becomes impossible for reasons for which the Customer is responsible.
9.2 Services already rendered shall be invoiced pro rata in the event of cancellation or termination and shall be paid for by the customer.
10 Confidentiality
10.1 Both parties undertake to treat all confidential information obtained in the course of the co-operation as strictly confidential and not to pass it on to third parties.
10.2 The confidentiality obligation shall remain in force even after termination of the contractual relationship.
11 Data protection
11.1 The Agency shall process the Client's personal data exclusively in accordance with the applicable data protection regulations. Further details are regulated in the agency's data protection declaration.
12 Final provisions
12.1 Amendments or additions to these GTC must be made in writing.
12.2 Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.
12.3 The law of the Federal Republic of Germany shall apply. The place of jurisdiction is the registered office of the agency.
Values Media - Tanju Yaramis
Kelzenberger Weg 98
41199 Mönchengladbach
Status: January 2025