Status: January 2024
1. scope of application
1.1 The following General Terms and Conditions (hereinafter: GTC) apply to all legal transactions between us, Stacvalley GmbH, Leipziger Straße 99, 34123 Kassel (hereinafter: the provider or we) and our contractual partners (hereinafter: you or the customer or customers) (together: the parties), which have as their object our services in the field of photography and videography (hereinafter: individually the contract, collectively the contracts), regardless of whether these are concluded by means of distance communication such as the Internet, telephone, fax, e-mail or video chat or in writing.
1.2 When we refer to us and you as parties, we naturally mean us as the provider and you as the customer, even if you are not the sole managing director or owner of your company or business, but rather two or more of you are managing directors or owners. Even if we use the generic masculine for reasons of linguistic simplification, this is of course not associated with any valuation and we mean all genders.
2 Subject matter of the contract and services of the provider
We offer you services in the field of photography and videography. This takes place in three phases, the conception phase, the production phase and the final phase. In the following, we define our services in the respective performance phase.
2.1 Concept phase
The foundation stone for the entire production is laid in the conception phase. The following tasks are completed in this phase:
2.1.1 Market analysis
The task of market analysis involves analyzing the competitive situation in order to understand the target group, the target group's needs and the customer's competitive advantages.
2.1.2 Planning and strategy development
In the planning and strategy development area, production targets are defined and a plan for implementing these targets is drawn up.
2.1.3 Concept planning
In the area of concept planning, the concept for the production is developed, including the creative idea, the target group approach and the tonality.
2.1.4 Optional tasks
The conception phase sometimes also requires optional tasks. These optional tasks, which are to be remunerated separately in accordance with corresponding offers, are as follows:
2.1.4.1 Model research and location research
If the concept envisages a specific model or location, these are researched, selected and presented as part of the model research and location research tasks.
2.1.4.2 Model scouting
If the desired model has exceptional requirements and is not included in our database, it will be scouted. This means that we go in search of a new model, negotiate the contracts and payments and then send the new model for approval. Scouting is primarily done through social media.
2.1.4.3 3D visualizations
If the concept includes 3D visualizations, these are planned.
2.1.4.4 Music selection
If the concept includes music, this will be selected.
2.2 Production phase
The following tasks are performed in the production phase:
2.2.1 Creation of product images
The creation of product images usually takes place in the studio and is a complex process that includes the following steps:
2.2.1.1 Preparation of the product
The product is first cleaned and polished to prepare it for the shots. This is important to ensure that the product looks clean and appealing.
2.2.1.2 Preparation of the studio
The studio is then prepared. This includes setting up the light to achieve the desired effects. For example, the light can be used to highlight the product or emphasize certain details.
2.2.1.3 Recording the images
The photographer then takes the photos. It is important that the product is shown from different perspectives and under different lighting conditions. This allows the customer to get a comprehensive picture of the product.
2.2.1.4 Post-processing of the images
The shots are then edited in post-production. This also includes color correction (carried out according to the current state of the art). Editing serves to optimize the images and make them even more appealing. For example, the brightness, contrast or colors can be adjusted.
2.2.2 Graphic design
Graphic design is a process in which visual elements such as images, text and colors are used to convey a message. In the context of product visualizations, graphic design is intended to make the product appealing and memorable. In order to present the product in an appealing and memorable way, it is important that the visual elements of the graphic design are coordinated. The colors, images and texts should form a harmonious unit. The following task steps are included in this graphic design task area:
2.2.2.1 Release of the products
The product images created in accordance with section 2.2.1. are post-processed in such a way that the product depicted is removed from the background. This means that the products are cut out of the background and placed on a transparent background. This allows the products to be integrated into any layout.
2.2.2.2 Build layout
The layout is the arrangement of visual elements on a surface. In the context of product visualizations, the layout is important to draw the viewer's attention to the product. The layout is built in a clear and structured way in this task step.
2.2.3 Copywriting
Copywriting is a task in the production phase in which the texts are finalized that are suitable for the target group of the project, taking into account the needs and interests of the target group. Copywriting is crucial for the sales optimization of the product presentation. The texts are therefore written in a language that the target group understands and that appeals to them and that is intended to convey the desired messages.
2.2.4 Videos
The product video is also shot during the production phase. It is important that the video looks professional and appealing. This includes the following steps:
2.2.4.1 Filming
The filming itself takes place in several stages. First, a script is created. Then the camera is prepared. A high-quality camera is important in order to create high-quality recordings. The camera is reassembled for each shoot with the right accessories needed for the shoot. A tripod is then selected. A tripod is important to keep the camera steady and avoid camera shake. 1-2 suitable tripods are prepared for a shoot. Then the right light set is needed. A good light set is important to set the product in the best possible light. The right lighting is selected for each product beforehand. Finally, the right microphone must be selected. A good microphone is important in order to transmit the sound of the video clearly and distinctly. There are different cameras, lighting sets and microphone types and it must be suitable for the product, the location and the setting.
2.2.4.2 Post-production
In post-production, we edit the recorded material. We can cut, edit, correct and add music and effects to the video. This also includes color correction (carried out according to the current state of the art). Post-production is very time-consuming. In post-production, it is important that the video looks smooth and appealing. The video should hold the viewer's attention and achieve its objectives.
2.2.5 Optional tasks
The production phase sometimes also requires optional tasks. These optional tasks, which are to be remunerated separately in accordance with corresponding offers, are as follows:
2.2.5.1 3D renderings
3D renderings are computer-generated images that represent a product in three dimensions. They are used to show the product from all sides and to illustrate details. This method is mainly used for complex products or to present the cross-section of the product.
2.2.5.2 Lifestyleshooting
We stage the product in a real environment and in action. In this way, we convey an authentic feeling and speak directly to the target group. We carry out the shoot with our selected models at the chosen location.
2.3 Final phase
In the final phase, once the creation of product images, graphic design, copywriting and product videos (hereinafter: content and creatives) has been completed, these are delivered to you. This is usually done using a software tool that allows you to check the content and creatives and specify any changes you wish to make. We will then carefully check these changes and implement them if they make sense from a marketing perspective. Once the changes have been implemented, the finished project is uploaded to the file sharing folder provided by us.
2.4 We shall determine the content and scope of the service at our reasonable discretion and on the basis of your anticipated interests and requirements. On this basis, the appropriate task steps will be worked out and indicated to you by declaration in accordance with Section 315 (2) BGB.
2.5 The selection of technology, filming locations, equipment, production days and tools is made by us; you have no claim to specific technology, filming locations, equipment, production days or tools.
2.6 Success in the sense of a work is not owed at any time. It is not our responsibility but yours to use the service provided by us in a commercially profitable manner. Successful marketing, increased sales or other economic success on your part is neither agreed nor owed.
2.7 Partial services are permissible insofar as these are reasonable for you.
2.8 We undertake to treat and store all business and operating documents made available to us with care, to protect them from access by third parties and to use them only for the purpose of performing the contract. The documents provided must be returned to you on request during the term of the contract and without being asked after termination of the contract.
2.9 We perform our services with the due diligence customary in the industry and are entitled to use third parties to fulfill and perform the contract. This does not entitle you to terminate the contract.
3 Conclusion and content of the contract
3.1 By placing an order for the service offered by us online, you make an invitatio ad offerendum to submit a binding offer to conclude a contract. For this purpose, we will arrange a telephone call or a video conference, e.g. via Zoom (hereinafter: call). In this call, we can make you a binding offer, which we will send to you by email and which also effectively incorporates these GTC, and the binding offer can be accepted by you in this call, but at the latest by the end of the seventh working day following the day of the offer. This concludes the contract between us.
3.2 Otherwise, the contract between you and us may be concluded by telephone (in particular by video or video chat and/or telephone), electronically (by e-mail and/or via the contact form offered on our website or landing page or via social networks) or in writing. If the contract is concluded by telephone or electronically, you are not entitled to receive the contents of the contract from us again in writing, unless otherwise agreed.
3.3 In the case of contracts concluded between you and us by telephone, we will document the call between you and us for evidence purposes and will of course obtain your consent beforehand.
3.4 It is possible for you to have the payment of the remuneration within the meaning of clause 5 of these GTC financed by a bank. Even in the case of bank financing through a corresponding loan, the contract between us and you shall only come into effect upon acceptance by us and not upon the financing commitment by the lender or intermediary loan broker.
4. performance and cooperation obligations of the customer
You are responsible for the implementation of the content and creative resulting from our services. You undertake to pay for the agreed services, to provide the relevant information and to bear the necessary costs. The following provisions apply in detail.
4.1 Duty to cooperate
You must ensure that all documents and data necessary and required for the performance of our services are made available to us in good time and free of charge, that we are provided with all information and authorized information and that we are informed of all processes and circumstances that are relevant to the performance of our services. This also applies to documents, processes and circumstances that only become known during our work. At our request, you must confirm in writing the accuracy and completeness of the documents submitted by you as well as your information and verbal statements. The following obligations to cooperate arise for you in particular, albeit not conclusively, along the various steps of the task:
4.1.1 Duty to cooperate in the conception phase
The conception phase is an important phase, as it has a significant influence on the success of the entire production. It is therefore important that this phase is carried out carefully. In order to create a high-quality product video or image, your involvement is essential. This includes you attending a kick-off meeting with us. At this meeting, we will discuss the goals of the content and creative with you and clarify any open questions. This also includes you providing us with the following:
4.1.1.1 Logo
The company logo is important for identifying and marketing the product.
4.1.1.2 Packaging design
The packaging design is important to present the product in an appealing way.
4.1.1.3 Instructions
The instructions are important to explain how to use the product.
4.1.1.4 The product
After all, you have to provide us with a finished product. This product should be exactly as your end customer receives it.
4.1.2 Obligations to cooperate in the other phases
After we have created the product images, graphics, texts, copywriting and product videos, i.e. content and creatives, we will make them available to you. You should then give us feedback on the content and creative. You undertake to provide us with this feedback within two weeks at the latest from the date of provision and, if you are satisfied with the content and creative, to approve the project within this feedback period, otherwise to notify us of any change requests within this feedback period. Clause 2.3. of these GTC shall also apply.
4.2 Property rights and copyrights of third parties
You undertake to ensure that the files, photos, images, texts, logos, packaging design, instructions and the product itself (hereinafter: the material) provided to the provider are not encumbered with third-party property rights, otherwise the provider is authorized or otherwise entitled to use and utilize them. You undertake to indemnify us against any claims by third parties in respect of the material provided by you.
4.3 Consumer status
You undertake to inform us of any consumer or entrepreneurial status you may have. You shall inform us in good time, at the latest at the time of the call within the meaning of clause 3.1. of these GTC, whether you are an entrepreneur and whether you wish to use our services for commercial or professional purposes or in the context of setting up a business. If you state that you are an entrepreneur or merchant or entitled to deduct input tax and/or that you wish to use our services for commercial or professional purposes, you cannot invoke the provisions on consumer withdrawal.
5. remuneration and terms of payment
5.1 Unless otherwise contractually agreed, the creation and editing of the content and creative, as well as all other contractually agreed services in accordance with clause 2 of these GTC, as well as any travel expenses incurred, shall be compensated by a lump-sum fee plus statutory VAT in accordance with the offer within the meaning of clause 3.1 of these GTC. The flat-rate fee also includes the transfer of rights by us to you in accordance with clause 12 of these GTC, as well as a correction loop with regard to the post-processing of images. Further changes are subject to a fee and require mutual agreement and subsequent payment. Optional tasks in accordance with clauses 2.1.4. and 2.2.5. of these GTC shall also be remunerated separately in accordance with corresponding offers.
5.2 Insofar as the agreed services are works, we may demand acceptance from you after completion of the service or, in accordance with clause 2.7. of these GTC, also of a partial service. Our (partial) services to be accepted by you in this respect shall be deemed accepted if you do not declare acceptance of the relevant (partial) service in writing within 7 working days upon our request.
5.3 Your obligation to pay remuneration shall also remain in force in cases in which the service cannot be performed for a reason for which you and/or your vicarious agents and/or assistants are responsible. In this case, however, we must and will deduct the expenses that we have saved or failed to acquire.
5.4 Your obligation to pay remuneration shall also remain in force in particular in cases in which you and/or your vicarious agents and/or assistants do not deliver the material to us or do not deliver it on time despite a request to do so with a deadline and/or the content and/or creative is not called up by you within two weeks. In particular, the remuneration is also due for payment if you are prevented from participating in one or more online sessions, be it the kick-off date or the release, or if you do not make use of individual services from us within the meaning of clause 2.1. up to and including 2.3. of these GTC, insofar as they are part of the offer. In all these cases, however, we must and will allow ourselves to be credited with the expenses we have saved or have failed to acquire.
5.5 All billing modalities (e.g. invoice) will be transmitted electronically via the e-mail address provided by you. You hereby expressly agree to this.
5.6 Unless otherwise expressly agreed individually, the remuneration is due for payment in full as a one-off payment at the start of the contract and must be paid within 7 days of receipt of the invoice without deductions. Payments can be made by bank transfer by credit note. Decisive for the timely receipt of payment is the receipt of payment in the account or to the attention of the provider.
5.7 In the event of a bank transfer, payment must be made to the business account specified in the invoice using the invoice number or customer number.
5.8 You are entitled to issue us with a so-called SEPA direct debit as a direct debit authorization for the remuneration.
5.9 In the event of a chargeback due to a failed direct debit collection, you are obliged to transfer the amount owed to the above-mentioned account within three working days of the chargeback and to indemnify us against the bank's chargeback fees and costs.
5.10. Payments may be made in installments by express individual agreement; such an agreement must always be made before the invoice is issued.
6. delay
6.1 You shall be in default without the need for a reminder if you do not pay within 30 days of the due date and receipt of an invoice or equivalent payment schedule from us. The default interest for consumers is currently 5 percentage points above the respective base interest rate, for entrepreneurs we charge default interest of 9 percentage points above the respective base interest rate. You will be specifically informed of these consequences in the invoice or payment statement.
6.2 In the event of your default, we reserve the right to withhold our further services for the time being.
6.3 In the event of a declaration of extraordinary termination on our part, we reserve the right to discontinue the service to you immediately after the declaration of termination and to claim the remuneration less saved expenses as compensation for damages from you.
6.4 In the event of an installment payment agreement, the entire remaining debt shall be due for payment immediately in the event of a default of payment of two consecutive installments or a default of a payment amount corresponding to two installments in total.
6.5 We expressly reserve the right to make further claims for damages.
7. warranty
The statutory warranty law for consumers within the meaning of the German Civil Code (BGB) shall apply exclusively and only insofar as the partial services or services in question are works, subject to the proviso that we are entitled to rectify the defect several times, that compensation for damages and reimbursement of futile expenses are only owed by us in accordance with clause 8 of these GTC and subject to clause 9 of these GTC. The warranty does not apply if the customer is an entrepreneur within the meaning of § 14 BGB. A contractual warranty right for entrepreneurs within the meaning of § 14 RVG is not granted under any circumstances. Express reference is made to clause 4.3. of these GTC. Customers who are not consumers are not entitled to any warranty rights in accordance with these GTC.
8. liability
8.1 We shall be liable without limitation in the event of intent and gross negligence.
8.2 We shall also be liable without limitation in the event of culpable injury to life, limb and health.
8.3 Otherwise, we shall only be liable for slight negligence if a cardinal obligation is breached, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely. However, in the event of a breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract, but at most to the amount of our contractual remuneration within the meaning of clause 5.1. of these GTC for the last 3 months prior to the breach in relation to you.
8.4 If you are a consumer, claims for damages are excluded with the exception of liability under clauses 8.1. to 8.3. of these GTC.
8.5 With the exception of liability in accordance with clauses 8.1. to 8.3. of these GTC, we are not liable for damages or claims for damages caused by third parties.
8.6 Liability on the basis of mandatory statutory regulations remains unaffected.
8.7 The above provisions shall apply mutatis mutandis to the legal representatives, vicarious agents and assistants of the provider whom the provider uses for the purpose of fulfilling the contract with the customer.
9. statute of limitations
9.1 Claims by you, regardless of whether you are a consumer or an entrepreneur, for slight breach of a cardinal obligation within the meaning of clause 8.3. of these GTC shall, with the exception of claims under clauses 8.1. and 8.2. of these GTC, expire one year from the end of the year in which the claim arose and you became aware of the circumstances giving rise to the claim or did not become aware of them due to gross negligence.
9.2 In all other respects, the statutory limitation periods shall apply.
10. liquidated damages
10.1 You undertake to cancel or postpone online appointments and other appointments that you are unable to keep as soon as you become aware of them, but no later than 72 hours before the agreed appointment or the agreed provision of services. Otherwise, the appointment cannot be rescheduled by us, so that you must reimburse us for any damages incurred, less any expenses saved.
10.2 If a shoot is not canceled by you at least two weeks before the agreed date and we demand compensation, this shall amount to a lump sum of 30% of the contractual remuneration and if a shoot is not canceled at least 72 hours in advance and we demand compensation, this shall amount to a lump sum of 100% of the contractual remuneration. The compensation shall be set higher or lower if we can prove higher damages or you can prove lower damages. You are expressly permitted to prove that no damage has been incurred or that the damage is significantly lower than the respective lump sum.
10.3 Excluded from the obligation to pay compensation are appointments that were not used through no fault of your own. You are responsible for proving that the appointment could not be used through no fault of your own.
11. confidentiality
11.1 You and we undertake to treat all information that you and we obtain in connection with the negotiation and conclusion of the respective contract with regard to this respective contract as well as the respective other parties and their affiliated companies as strictly confidential, unless the relevant facts are publicly known or their disclosure is required by law. This also applies to transmitted dial-in data, passwords or access to online appointments and file-sharing folders. This obligation continues to apply even after termination of the respective contractual relationship.
11.2 We undertake to treat all knowledge that we receive from you on the basis of an order as strictly confidential for an unlimited period of time and to oblige both our employees and third parties engaged by us to maintain absolute confidentiality in the same way.
11.3 We are not obliged to store the material, content and creative for a period of 12 months after they have been made available.
12. rights of use
12.1 Our services developed within the scope of the contract are protected as personal intellectual creations by the German Copyright Act (UrhG). Insofar as the level of creation required by the UrhG is not reached, these shall be deemed to be protected.
12.2 We have the unlimited and exclusive copyright and all rights of use and exploitation to all content that is published and/or made accessible as part of the services agreed in this contract. Any use outside the scope specified in this contract is not permitted without our express written consent.
12.3 We shall be entitled to all work results of completed and uncompleted work, including all notes, plans, formulas, concepts, technical improvements made and other results including confidential information (hereinafter: the "Work Results") developed by us in the course of or in connection with the provision of services.
12.4 Upon full payment of the agreed remuneration within the meaning of clause 5 of these GTC, you shall acquire the non-exclusive right of use, unrestricted in terms of time, space and content, to all work and content produced and provided by us within the scope of the contractual relationship, in particular the content and creative (hereinafter: work results). The right of use is transferred in accordance with the law. The transfer of rights is subject to the condition precedent that you have fulfilled all remuneration obligations towards us. Rights of use to work that has not yet been paid for at the end of the contract shall remain with us, unless otherwise agreed.
12.5 For any use of the work results in all media (including online and print, with the exception of publication on Amazon), you are obliged to name us as the author in an appropriate form under the name Stacvalley GmbH and the indication of our homepage and Instagram profile, unless otherwise agreed in individual cases.
12.6 Our work may not be modified by you and/or third parties commissioned by you. Any imitation, including of parts of the work result or work in the copyright sense, is prohibited.
12.7 The transfer of granted rights of use to third parties and/or multiple uses are prohibited unless expressly agreed with us in writing. The same applies to all other exploitation rights within the meaning of §§ 15ff. UrhG. The passing on of work results to third parties is also prohibited. Companies within a group of companies or otherwise affiliated companies shall be deemed to be third parties within the meaning of this clause.
12.8 You are entitled to information about the scope of use.
12.9 All working documents, electronic data and records that are not made available and that are produced by us as part of the development process shall remain with us. You may not demand the surrender of these documents and data. Upon payment of the agreed remuneration, we shall owe the agreed service, but not the intermediate steps leading to this result in the form of sketches, drafts, production data, etc.
12.10. If the recordings are changed by post-processing or a correction loop, the transfer of rights shall only take place with the final version of the work and its provision. Unprocessed image and/or video material is not covered by the transfer of rights.
12.11. You transfer to us free of charge the exclusive right of use, unrestricted in terms of time, space and content, for the public reproduction, duplication and distribution of the recordings made for the purpose of (self-)advertising, in particular but not exclusively on our websites (so-called testimonial use).
12.12. Work results created in connection with the contractually agreed services may be used by us for advertising purposes. This also applies to image and/or video recordings in which you and/or your product can be seen. The recordings may not show the customer and/or the product in a disfiguring manner.
12.13. We shall also be free to use work results selected by us at our reasonable discretion as a reference to showcase our skills in accordance with this clause, for example on websites, freelancer portals and other multipliers as well as on pitch decks and for other sales and advertising purposes.
13. collecting societies
13.1 In the event that fees are incurred from collecting societies such as the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), you undertake to pay these fees. If we disburse these fees, you undertake to reimburse us for the disbursed fees against proof. This can also take place after termination of the contractual relationship.
13.2 You have been informed that an artists' social security contribution must be paid to the Artists' Social Security Fund when awarding contracts in the artistic, conceptual and advertising consulting fields to a non-legal person. You may not deduct this fee from our invoice. You are responsible for complying with the obligation to register and pay the levy.
14. data protection
14.1 If personal data is processed for you, we are obliged to provide reasonable assurance that appropriate technical and organizational measures are implemented in such a way that the processing is carried out in accordance with the requirements of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) and guarantees the protection of the rights of the data subject.
14.2 You agree that we may collect, process and use personal data, namely name, telephone number, mobile number, e-mail address, address, bank details, which result from this contract or the execution of the contract, for the purpose of executing the contract, in particular also for the conclusion of the service contract and for the purpose of providing services and carrying out appointments and tasks, and that you may transmit this data to us to the extent necessary. You are aware that you can revoke this consent at any time without giving reasons for the future by notifying us by post at Stacvalley GmbH, Leipziger Straße 99, 34123 Kassel or by e-mail to info@stacvalley.de of your revocation against the processing of your personal data. We would like to point out that you have the right to information, correction, deletion, restriction of processing and data portability in accordance with Art. 15-21 GDPR, as well as the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. In the city of Kassel, this is the data protection officer of the city of Kassel, Mr. Bernd Wendrich, Obere Königstraße 8, 34117 Kassel, who can be contacted at Tel.: 0561 115, Fax: 0561 787-87, e-mail: info@kassel.de. at: https://www.stacvalley.de/datenschutz
We will not use other processors as data controllers without your prior separate or general written consent. In the event of general written consent, we will always inform you of any intended change with regard to the involvement or replacement of other processors, giving you the opportunity to object to such changes. With regard to the contents of an order data processing contract, the requirements of Art. 28 para. 3 GDPR apply.
15. termination
15.1 Ordinary termination of the contractual relationship is excluded.
15.2 The right to extraordinary termination for good cause remains unaffected.
15.3 Such an important reason is given on our part, in particular but not conclusively, if you are in arrears with at least two payments due to us in the case of an installment payment.
15.4 The termination must be in writing to be effective.
15.5 Even in the event of termination, we shall retain the right to remuneration for the services already provided. With regard to the services not yet rendered, we are entitled to 10% of the outstanding remuneration. You reserve the right to prove that the share to which we are entitled is less than 10%.
16. right of withdrawal
Only the statutory right of withdrawal for consumers within the meaning of § 13 BGB applies. A contractual right of withdrawal for entrepreneurs and/or traders is not granted under any circumstances. Express reference is made to clause 4.3. of these GTC. Customers who are not consumers are not entitled to a right of withdrawal in accordance with these GTC.
17. prohibition of set-off and exercise of the right of retention
The exercise of a right of retention and offsetting against claims other than claims for compensation due to defects in the work performed by us are excluded, unless your claim is undisputed or has been legally established.
18 Amendments to the GTC
18.1 We are entitled to amend these contractual terms and conditions at our own discretion with a reasonable period of notice. Of course, we only have this right if the change is reasonable for you as a customer, taking into account our interests. An amendment may consist of one or more changes to the content.
18.2 We will notify you of the change in text form or by e-mail at least six weeks before the change takes effect. If you do not agree with the change, you can object to it in writing immediately, but at the latest within one month of receipt of the notification of change. If you object to the change within this one-month period (hereinafter: objection period), the contract shall end at the end of the objection period without the need for a separate declaration.
18.3 In the notification of change, we will inform you both of your right to object and that the change will be deemed approved if you do not object in writing within the objection period and that the contractual relationship will end on expiry of the objection period in the event of a timely objection without the need for a separate declaration.
19 Final provisions
19.1 There are no ancillary agreements or overriding individual agreements to this contract. The inclusion of other general terms and conditions is expressly rejected.
19.2 Amendments and supplements to this contract must be made in writing to be legally effective. The same applies to any waiver of this written form clause.
19.3 If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), all prices and payments quoted are inclusive of, otherwise exclusive of, the statutory value added tax at the applicable rate. If you are a consumer, both the prices and the resulting remuneration to be paid to you will always include VAT.
19.4 The contract shall be governed exclusively by the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods.
19.5 The place of performance and fulfillment for all mutual claims arising from this contract is the city of Kassel.
19.6 The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
19.7 If you are a merchant within the meaning of the German Commercial Code or have no place of jurisdiction in Germany, the city of Kassel shall be the exclusive agreed place of jurisdiction for all legal disputes arising from the contractual relationship between the parties. If you are a consumer, the statutory provisions on the place of jurisdiction shall apply.
19.8 If any provision of this Agreement is or becomes invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity, effectiveness or enforceability of the remaining provisions. Any such invalid, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by a valid, effective and enforceable provision that most closely approximates the economic intent and purpose of such invalid, ineffective or unenforceable provision. The foregoing shall apply mutatis mutandis to any unintended omission in this Agreement.
