Provider in terms of § 5 German Teleservices Act
STUDIO LINDALU e. K.
Provider identification: STUDIO LINDALU e.K. Owner and manager: Linda Lubbersen Address: Volkerstrasse 22, 70191 Stuttgart Telefon: +49 (0)162 | 707 15 09 E-Mail: email@example.com Internet: www.studiolindalu.com VAT ID according to § 27 a, German Value Added Tax Act: DE 267 305 282 Competent county court: Freiburg i. Br. Commercial Registry number: HRA 701 647 Competent Chamber of Commerce and Industry: IHK (ICC) Südlicher Oberrhein, Schnewlinstraße 11-13, 79098 Freiburg i. Br.
Responsible for Internet presence: AmbientGràfic | programming; AmbientGràfic | webhosting
Design, conception and realisation: Linda Lubbersen | STUDIO LINDALU e. K.; | programming
Links to websites of other providers: Our websites can contain links to websites of other providers. We want to indicate that we cannot take any responsibility for the contents of outside Internet pages, and explicitly distance ourselves from these contents.
Indication of liability: All data and information contained in our websites have been carefully researched and examined. In spite thereof we cannot offer a guarantee for accuracy, completeness and relevance to the current situation. Therefore we are not liable for damages that are connected with the use of these contents.
Copyright: The available contents of the presentation of STUDIO LINDALU on the Internet are protected by copyright. All rights are reserved. Constituting exceptions are merely downloads offered for the utilization in their original version and contents labelled as press material. Press releases can be used within the framework of your reporting cost-free and without explicit consent. Besides thereof all utilization of the texts and images, also in excerpts, without our prior written consent, violates the copyright law regulation and is therefore unlawful. This also applies particularly to all rights of use such as duplication, translation or utilization in electrical systems. As far as the brands, names of firms, design patents or/and logos registered on our website are being utilized, the statutory regulations apply, even if the brands etc. are not labelled as such explicitly.
Last Updated: November 2015
STUDIO LINDALU e.K. – General terms and conditions of business up 1. Purview These terms and conditions of trade apply to all contracts between the illustrator and the customer exclusively. Deviating agreements, especially contradictory terms and conditions of business, require the written consent of the illustrator. The terms and conditions of business apply to the entire business operations, also for all future follow-up deals, including those deals that have been closed verbally, particularly over the telephone, even if there is no explicit reference to them in follow-up deals.
2. Orders Confirmations or negotiation protocols of the meeting conveyed by the illustrator are binding if the customer does not disagree to them immediately. The illustrator is entitled to bring in third parties for the fulfilment of the contract. In that case, she will acquire their possible rights of use and any other rights in the extent due by the customer, and transfer them to the customer.
3. Remuneration All activities that are performed for the customer, including presentations, drafts and work sketches, are liable for remuneration provided that nothing else has been agreed to in writing. The right to remuneration for any conceded rights of use arise independently of whether and, if applicable, of the extent to which the customer exercises the rights of use. In case no rights of use will be conceded, the remuneration for use will lapse, but not the remuneration for the work performed up until then. Suggestions from the customer or other collaboration from him will not have an impact on the amount of remuneration. The remunerations, as far as they are indicated towards businessmen, are net amounts that have to be paid plus the prevailing sales tax respectively. To consumers the remunerations will be indicated including the statutory VAT. The social security expense of the artist is to be paid by the customer in addition if necessary, and is not included in the remuneration.
4. Terms of payment The remuneration is to be paid without deduction as follows: at contract placement 30%, after delivery 70%. 40% of the total remuneration is set for the transference of the rights of use, unless determined otherwise. In case of premature contract termination, the illustrator will nevertheless keep the entitlement to the first instalment in the amount of 30%, which at the moment of contract termination has had already been due. Besides thereof §649 BGB applies. The customer falls completely or partially behind with a payment, if he does not pay 14 days after invoice, without necessitating a reminder. In the case of default the illustrator is entitled to charge a fee of 5,00€ for every reminder. If the customer does not use the services to the extent agreed upon, no right to claim reduction or reimbursement of remuneration will arise for him.
5. Rights of use, property, self-promotion As far as agreed to, only single rights of use will be conceded for the work and performance of the illustrator. Property right of especially drafts (sketches, layouts) and work drawings (Final Art), that she creates or orders to be created, is not transferable. All two and three-dimensional work (drafts, work drawings, models, dummies, samples) handed over to the customer in the context of the contract, remains property of the illustrator. The customer will be granted the right of possession only as long as he is compelled to possess the work needed to use the performances of the illustrator contractually. The right of possession ends in any case latest with the termination of the contractual relationship between the illustrator and him. Upon the demand of the illustrator the work has to be returned undamaged after the ending of the right, if nothing else has been agreed to in writing. The work drawings provided to the customer are only intended to facilitate the decision-making of the customer and for internal use by him and the illustrator. Further reaching rights of use thereof will not be transferred to the customer. Any transfer of further reaching contractual rights of use, as long as not explicitly agreed to differently, exclusively apply to the purchased work drawings. The performances, even if they are not protected by copyright or are also not subject to other special protection rights, may only be used to such an extent as agreed to for the contract or as arise as necessary for the purpose of the contract. Due to the lack of other written agreements the customer only receives single use or any other rights, and that only for the agreed to duration and the agreed to contextual and spatial extent of use; spatially the extent of the transfer of the rights of use, due to a lack of any other written consent, is at least not exceeding the territory of the Federal Republic of Germany, in case of book illustrations at least not exceeding the German-speaking region. Any other use or any use exceeding the scale previously agreed upon, particularly the granting of sublicenses, is only admissible on basis of a specially written transmission of the rights of use as well as against payment corresponding the extent of the extra use in relation to the charges of the original use remuneration. The transmission of conceded rights of use to third parties requires the consent of the illustrator. Regarding the extent of use the illustrator is entitled the right to be informed. Suggestions of the customer or other collaboration with him do not substantiate (co-) rights for the customer, besides if that has been agreed to explicitly. Rights to the performances of the illustrator, particularly rights of use, are only transferred to the customer subsequent to payment of the total contract related remuneration to the illustrator. The illustrator has the right to sign his work and to be referred to as creator on the copied pieces. When digitally recording the work, the name of the illustrator has to be hyperlinked to the image data. The customer has no right to edit or to change (neither original nor reproduction) performances and/or let them be edited or changed, in segments or as total, except it is explicitly object of the stipulated deliveries or performances. The illustrator is not obliged to storage afterwards. The illustrator is particularly not obliged to store and/or publish to the customer any working files that have been created in the computer, including the source-code. If the customer wants the files to be stored and/or published, this has to be agreed to and to be remunerated separately. In the case of a violation of the use-, handling- or naming rights the illustrator is entitled to charge a contractual penalty amounting to triple the worth of the agreed to remuneration. The right to claim aside of the contractual penalties also claims for damages, claims for monetary compensation or any other claims, remains unaffected. All services performed by the illustrator can be used by her for the purpose of self-promotion, besides if something else has explicitly been agreed to.
6. Extra services, additional costs and travelling expenses Due to the lack of other agreements the customer will be granted one – not picture elements exchanging – step towards optimization indicated by his statements, without that being charged as extra service. Thereafter, every modification and/or new creation or patterning of designs, the modification and/or new creation of work drawings as well as other extra services (e.g. manuscript study), additional costs (e.g. couriers) or technical costs (e.g. for reproductions, data carriers) will be charged extra according to expenditure. In case the contract is not carried out due to reasons that the illustrator is not responsible for, the extra costs – aside of the due partial costs according to clause 4 paragraph 2 in relation with § 649 BGB – are to be reimbursed by the customer. The remuneration for extra services is due subsequent to their performance. Prepaid additional costs are to be reimbursed subsequent to accrual. Remuneration and additional costs are net amounts that have to be paid plus the respectively applying VAT.
7. Collaboration with the customer The customer is obliged to provide the illustrator in time with all necessary information and required data material in a common format, that are required for the performance of the deliveries and services. The customer ensures that the illustrator receives the rights necessary for the use of these documents. Moreover, the customer is obliged to point out to the illustrator, also unsolicited, any circumstances of possible relevance to the performance of the deliveries and services, and which the customer can recognize as unknown to the illustrator. Any storage or return of the let documents to the customer occurs only if explicitly agreed to and only to the cost and risk of the customer.
8. Delivery, Delivery time The adherence to the agreed to delivery dates requires that all technical questions have been clarified, documents due for delivery by the customer, approvals, due performances as well as other obligations of the customer are received or respectively carried out on time. If this does not happen and if also an on-time delivery of services, including an extra remuneration for increased expenses agreed to by the customer, is not possible any more, then the delivery deadline will shift a correlating amount of time. The delivery duties of the illustrator are performed as soon as the works and services are taken to be consigned. In the case that the non-adherence to an agreed delivery deadline is attributed to force majeure, industrial action, fire, mechanical breakage, malfunctions of the telecommunication, faults of the computer, severe illness, unexpected obstacles or other circumstances that the illustrator cannot be held responsible for, the delivery time will prolong according to that duration of those circumstances. This amounts equally in case the illustrator is in default of delivery at the time of one of those circumstances. Delay of performances caused by force majeure will be indicated to the customer.
9. Transfer of risks Regarding artistic realization of the order, the illustrator enjoys design freedom. If her illustrations do not match up with the taste of the customer or her style does not meet the requirements of the customer, this does not substantiate any deficit of her services. The warranty rights of the customer require him to immediately after reception of the works and services, but in any case before any processing, to check and immediately reprimand flaws upon discovery. Minor colour differences in the printed results in comparison to screen depiction or computer prints are caused technically and therefore do not constitute a flaw. In case there is a flaw the illustrator is responsible for, she is at first inclined to subsequent performance in an appropriate time. If the subsequent performance is unsuccessful the customer is inclined, after an appropriate time period chosen by him in advance, to renounce the contract, or to demand a corresponding reduction of the remuneration (decrease). A subsequent performance is unsuccessful if the flaw is not eliminated even after the second subsequent performance. The warranty period for the businessmen comes to 12 months, for consumers to 24 months, as of the moment of transfer of the risks. The period of time is a period of limitation and applies also for claims to replacement of consequential harm caused by defect, as long as no claims of offence are asserted; for these the statutory period of limitation applies. The illustrator is liable for compensatory damages – no mater on which legal ground – only in the case of intent or gross negligence, including the intent and gross negligence of her accomplices and agents. Provided that she did not violate the contract intentionally, the liability for damages is limited to the typical detriment occurred. Excluded from this limitation of liability are damages resulting from infringements of life, body or the health of the customer as well as damages based on infringement of the cardinal duties of the illustrator. Provided the illustrator only hands through the services of third parties (e.g. photographers, Service-provider) to the customer, her liability is limited to fault in selecting an agent. Liability for computer viruses is out of question, as log as the illustrator does act with intent or gross negligence. The customer takes on the responsibility of verification of the statutory lawfulness of the performed services by the illustrator. If the performances of the illustrator violate the rights of third parties or are unlawful in any other way because they are based on unlawful information and/or guidelines provided by the customer, in the internal relationship only the customer is liable. He has to reimburse the illustrator for all the thereof resulting damages, including the appropriate costs of legal defence, and to free her from all claims of third parties. However, the illustrator will point the infringements of rights related to her services out to the customer, as soon as she receives positive knowledge thereof. This regulation of liability applies particularly to specialist statements or any other readjustments, which have been set in advance or have been let in any other way to the illustrator by the customer; the customer is equally liable for having received the rights of use and rights of utilization as well as if necessary other required rights for the material supplied by him. The responsibility for contents that the illustrator puts in the Internet by order of the customer lies in the internal relationship exclusively with the customer. If the illustrator is, for whichever reason, taken as the disturber or responsible according to the German Teleservices Act or other norms, the customer releases her from the demands of third parties. As for as the liability for damages of the illustrator is impossible or limited according to the above, this applies also in regard to the liability of his workers, employees, freelancers, representatives and agents.
10. Place of performance, place of jurisdiction, applicable law As place of performance and, provided the customer is not a consumer, as exclusive place of jurisdiction the parties agree upon the place of business of the illustrator. The law of the Federal Republic of Germany applies exclusively.
11. Final regulations Modifications and replenishments of the contract require written form to be effective. The same amounts for modifications of the required written form. The invalidity or ineffectualness of single clauses of the contract does not touch upon the validity of the other clauses. The same amounts to gaps in the regulations. Instead of ineffective regulations or for replenishment of gaps in the regulations, the possible statutory regulation applies, that comes closest to what was intended by the contracting parties, or to what they would have wanted according to the spirit of the contract.
Last Updated: December 2015
Information on Data Protection and Data Security up Data protection and data security are of high importance to us. Therefore it constitutes implicitness to us that we, in collecting, processing and using personal data, strictly stick to the statutory guidelines of the Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG). We process and use the personal data of our customers for order processing, for fostering customer relations and for our advertising addresses. Personal customer data will not be passed on to third parties. Please, inquire information about your personal data saved by STUDIO LINDALU by sending an email to: firstname.lastname@example.org, by mail or via the telephone, through the contact details of STUDIO LINDALU mentioned below. Every customer has the right to object the consignment of product information at anytime. Until the receipt of the objection the customer is in agreement with the consignment of product information. In case you do not want to receive advertisements by mail, please send us a message to email@example.com. The same applies in case you have any further information, suggestions or questions.
Data Security Principally you can visit our webpage without leaving behind personal data. In some cases however we do require information from you, e.g. when registering for the newsletter allocator or when you are contacting us. In that case your data will be checked for completeness and, if applicable, will be synchronized with your personal data already saved by us. In case you have of any further questions concerning data security we are at your disposal at all times.
Last Updated: November 2015
Provider identification: STUDIO LINDALU e.K. Owner and manager: Linda Lubbersen Address: Volkerstrasse 22, 70191 Stuttgart Telefon: +49 (0)162 | 707 15 09 E-Mail: firstname.lastname@example.org