General Terms and Conditions
Whimsy & Stardust Event Co. Decoration Service is hereinafter referred to as the Contractor and the other party (the Client) as the Client.
(1) These terms and conditions are part of every contract concluded, deviations must be in writing. The contractor's employees are not authorized to make verbal assurances or side agreements that deviate from the content of the GTC.
(2) These General Terms and Conditions apply to all one-off and ongoing services provided by the contractor and his legal successors as part of the activity for event services and decorations. With the conclusion of the contract or the order confirmation, the customer declares his consent to the validity of the General Terms and Conditions. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby expressly contradicted.
(3) These general terms and conditions also apply to the legal successors of the customer if there is no express inclusion in the contract between the customer and his legal successors.
(4) Changes to the terms and conditions become effective upon publication/posting and are deemed to have been approved if the customer does not object in writing before the order is placed.
§3 Offers, prices
(1) The contractor's offers are subject to change and non-binding. The contract is concluded by written order confirmation or by execution.
(2) Unless otherwise stated, the contractor is bound by the prices contained in his offers for 30 days from their submission, but no longer than 14 days before the event.
§4 Termination of the contract
(1) Ordinary termination of the contract is not intended unless expressly agreed.
(2) If the event is canceled up to 14 days before the planned event date, cancellation costs of at least 20% of the contractually agreed order volume will be due. If the contractor has already incurred higher preparation costs for the fulfillment of the order due to individual decoration requests, these must be reimbursed in full.
(3) If orders are canceled less than 14 days before the planned event date, at least 75% of the order volume is due.
(4) The revocation must be in writing; the receipt of the declaration by the recipient is decisive for the timeliness.
§5 Scope of services, deadlines, dates
(1) The written order confirmation/cost estimate is decisive for the scope of the contractor's services. Performance dates and samples are only binding if they have been confirmed in writing.
(2) The contractor offers his services himself or through third parties. If services are provided by third parties, no contract is concluded between the third party and the client.
(3) Agreed delivery, completion and provision periods and dates are non-binding unless they have been confirmed in writing.
(4) If the contractor is responsible for non-compliance with bindingly agreed deadlines and dates, the customer is entitled to compensation for delay, but no more than 10% of the total invoice value of the service affected by the delay. Further claims are excluded unless the delay is due to gross negligence or intent on the part of the contractor.
(5) Compliance with the delivery, completion and provision deadlines by the contractor requires the timely and proper fulfillment of the customer's obligations.
(6) If the customer is in default of acceptance or violates other obligations to cooperate, the contractor is entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of not completely fulfilling the scope of the order also passes to the client at the point in time at which the client is in default of acceptance.
(7) The client shall ensure free access to the decoration site, loading and unloading facilities during assembly and dismantling, sufficient free parking spaces in the immediate vicinity and unhindered access to the site.
(8) The customer must ensure that no obstructions occur at the installation site during the agreed construction times. The contractor is entitled to stop the assembly work in the event of a hindrance. The customer's payment obligations remain unaffected by this.
(9) The contractor reserves the right to make minor changes and additions. The customer does not incur any additional costs as a result.
(10) Costs arising from changes requested by the client or additional decoration requests shall be borne by the client.
(11) The removal/deletion of decorative elements/services after the contract has been signed only leads to a price reduction if the contractor has not incurred any costs or work for these services. The cancellation of decorative elements/services during the construction work does not lead to a price reduction.
§6 Acceptance, Warranty
(1) The client is obliged to check the services/goods of the contractor immediately after they have been provided.
(2) The decorations will be removed immediately after assembly is complete, ie before the start of the event. By this time at the latest, defects must be clearly and unambiguously reported. Subsequent notifications of defects are ineffective.
(3) Defects that cannot be discovered even with careful inspection during acceptance must be reported to the contractor immediately after discovery.
(4) In the case of the sale of used material, any warranty is excluded.
(5) The warranty is limited to rectification or replacement delivery. However, the customer is entitled to demand a reduction in payment or cancellation of the contract within a reasonable period of time after the repair has failed twice.
(6) With regard to the warranty periods, the statutory provisions that are characteristic of the service affected by the warranty apply.
(7) The liability of the contractor is limited to the order volume. Further claims of the customer - for whatever legal reason - are excluded. The contractor is not liable for damage that has not occurred to the delivery item itself, in particular not for lost profits or other financial losses of the customer.
(8) Warranty claims against the contractor are only available to the direct customer and are not assignable.
(9) The decoration concept is to be discussed between the customer and the contractor before the contract is concluded. Differences of opinion about the artistic implementation of the decoration after the conclusion of the contract do not constitute a defect and do not lead to a price reduction.
§7 Payment deadlines, default of payment
(1) All invoices are payable within 7 days of the invoice date without deduction.
(2) The contractor reserves the right to demand advance payments for larger order volumes. The client will be informed of the amount of the advance payment before the contract is concluded.
(3) A payment is deemed to have been made as soon as the contractor can dispose of the amount.
(4) The contractor is entitled to offset payments, for whatever legal reason, even if the customer has determined otherwise. If costs and interest have already been incurred, the contractor is entitled to offset the payments first against the costs, then against the interest and finally against the main service.
(5) If the contractor becomes aware of circumstances that cast doubt on the customer's creditworthiness, the contractor is entitled to make the entire remaining debt due immediately and to demand advance payments or security.
(6) If the customer is in default, the contractor is entitled to demand interest at the rate of the overdraft interest rate of his house bank as a flat-rate compensation from the relevant point in time.
(7) The customer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. The customer is only entitled to withhold payments due to counterclaims from the same contractual relationship.
§8 Duties and Obligations of the Client
(1) The client is obliged to use the contractor's services properly and to avoid excessive stress and to protect them against fire, water damage, burglary and other loss. The client is fully liable for lost or defective material and for improper use. Any use for illegal purposes, whether criminal, public or civil in nature, is prohibited.
(2) All items received are not insured by the contractor during the term of the contract. The client is responsible for taking out appropriate insurance.
(3) Recognizable defects and damage must be reported to the contractor immediately. The customer must take all necessary measures to prevent and reduce damage. He must enable the contractor to identify and eliminate the defects and for this purpose grant access to the corresponding rooms and facilities. If the customer is responsible for damage or disruption, the contractor is entitled to charge for all expenses incurred in connection with determining the cause and eliminating the disruption or damage.
(4) The use of the contractor's services by third parties is only permitted if this has been expressly contractually agreed beforehand. A lack of agreement does not release the customer from his payment obligation in the event of use by third parties.
(5) If work is required or planned at a height of more than 2.5 m, the customer must provide a (safe) sufficiently high ladder, a corresponding mobile scaffold (in assembled form) or a suitable ladder.
(6) The client must ensure that a competent contact person who is informed about all local and technical conditions is available during assembly and dismantling. A waiver of the obligation to be present is made exclusively by the contractor.
(7) The client assures that he has not yet submitted an affidavit at the time the contract is concluded. He will inform the contractor immediately about changes in the circumstances relevant at the time the contract was concluded, in particular with regard to his legal status, the company relationships, the technical and local conditions in the context of the use of the contractor's services, but also to the extent that they can affect the pricing, inform. In the case of universal succession or § 613 a GBG on the part of the client, the contractor is entitled to terminate the contract without notice.
(8) The client assures that he is entitled to transfer all rights that are necessary for the production of the subject matter of the contract or for the performance of the service by the contractor.
(9) If the client violates the aforementioned duties and obligations, the contractor is entitled to terminate the contract immediately. In other cases, the contractor is entitled to terminate the contract without notice after an unsuccessful warning.
§9 Retention of title
The extended retention of title applies to all sales. The delivered goods remain the property of the contractor (seller) until full payment has been made.
§10 Delay in delivery and performance
(1) Delays in delivery and performance due to force majeure and due to events for which the contractor is not responsible and which make performance significantly more difficult or impossible (e.g. strikes, official orders, etc.), even if they occur at third parties the contractor is not responsible, even in the case of bindingly agreed deadlines. They entitle the contractor to postpone the service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled.
(2) If there is a significant hindrance for which the contractor is responsible, the client is entitled to reduce payments for ongoing services only from the point of the hindrance. Significant hindrances are only such hindrances that make it significantly more difficult for the customer to use the service overall or, if several services have been contractually agreed, the use of individual services becomes completely impossible.
§11 Liability of the Contractor
(1) Claims for damages from impossibility, positive breach of contract, culpa in contrahendo and tort are excluded both against the contractor and against his vicarious agents. The contractor or his vicarious agents are also not liable for lost profits and for indirect damage, regardless of whether this damage occurs at the customer or at third parties. This only applies insofar as nothing else results from the following provisions.
(2) The liability of the contractor is excluded, unless there is intentional or grossly negligent action.
(3) If a damage event occurs within the sphere of influence of a third party (supplier, etc.), the contractor is only liable to the extent that the third party is liable to the contractor.
(4) To the extent permitted by law, the contractor's liability is limited to the amount negotiated for the service.
(5) When delivering fabrics and other colored materials, a deviation of up to 10% from the promised color is possible and therefore does not constitute a defect. The contractor is not liable for this.
(6) The contractor is not liable for the completeness, accuracy and timeliness of the information received via their services. Likewise, the contractor is not liable for the information and data being free of third-party rights or being lawfully handled or further processed by the sender or recipient.
§12 Liability of the client
(1) The client is liable for all damage caused to the contractor, his vicarious agents and other contractual partners of the contractor by objects brought in by the contractor or by third parties on his behalf to fulfill the contract. This liability also includes consequential damages.
(2) The client is liable for all violations of rights and claims of the contractor and third parties arising from or in connection with the illegal use of a service provided by the contractor. Liability is not limited to use by the client himself.
(3) Irrespective of further claims and rights, the customer indemnifies the contractor and other persons and companies who derive rights from the contractor from all third-party claims directed against them, including the costs of an appropriate legal defense.
(1) During the term of the contract, the client is not entitled to offer the service provided by the contractor in its place, to purchase it or to have it provided by a third party.
(2) German law applies.
(3) The place of jurisdiction is Frankfurt am Main, unless other statutory provisions oppose this.
(4) The invalidity or ineffectiveness of individual provisions of the contract or these General Terms and Conditions does not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective provision that comes as close as possible to the economic effect of the ineffective provision.