Terms and Conditions - GENERAL TERMS AND CONDITIONS of the company ClickandSell SL

First Validity, the contract

1.1 The Company ClickandSell SL (hereinafter "ClickandSell") provides its services exclusively on the basis of the following terms and conditions. These apply to all future business relations, even if no express reference to them.

1.2 Deviations from these and other supplemental agreements with the customer are only valid if confirmed in writing by the ClickandSell.

1.3 Any terms and conditions of the customer will not be accepted unless in individual cases expressly agreed otherwise in writing. Requires a specific objection to the notice of customers through ClickandSell not.

1.4 If any provision of these Terms is invalid, this shall not affect the validity of the remaining provisions and the agreements concluded on their basis. The invalid provision shall be replaced by an effective one which comes to the meaning and purpose of the next.

1.5 The offers of ClickandSell are non-binding.

Second Scope, Order Processing and Customer Responsibilities

2.1 The scope of the deliverables resulting from the specifications in ClickandSellvertrag or any order confirmation by the ClickandSell. Subsequent changes to the content of performance require written confirmation from the ClickandSell. Within the framework specified by the customer is in compliance with the order of freedom ClickandSell. Unless otherwise agreed in writing at the website creation, a course correction per bag / page content and layout and navigation included. Further correction programs are billed separately.

2.2 All services are to be inspected by the ClickandSell customers and within three working days from receipt of notification or at the customer's request. If they are not timely release as approved by the client.

2.3 The customer will make the ClickandSell timely and complete access to all information and documents necessary for the provision of the service. He will inform them of all circumstances relevant to the implementation of the order of importance, even if they become known during the execution of the order. The customer bears the costs arising from the fact that work must be repeated due to incorrect, incomplete, or subsequently revised details of the ClickandSell or delayed.

2.4 The customer is furthermore obliged to check the performance of the contract documents provided (photos, texts, logos, etc) on any copyrights, trademark rights or other rights of third parties. The ClickandSell is not liable for an infringement of such rights. If the ClickandSell arrested for such an infringement claim, so the customer thinks the ClickandSell indemnify, and he has all the disadvantages you replace it incurs by having recourse to a third party.

Third External services / commissioning of third parties

3.1 The ClickandSell is entitled at its discretion, perform the service itself, to operate in the provision of contracted services as a knowledgeable third party agents and / or to substitute for such services ("foreign power").

3.2 The appointment of a third party is part of a foreign power, either on its own behalf or on behalf of the customer, but in any case on account of the customer. The ClickandSell will select these third parties carefully and make sure that the professional has the necessary qualifications.

3.3 If the ClickandSell are necessary or agreed services in a foreign order, the relevant suppliers not agents of ClickandSell.

4th Dates

4.1 Any delivery or performance shall apply unless expressly agreed to be binding only as approximate and not binding. Mandatory appointments should be in writing and confirm in writing by the ClickandSell.

4.2, delayed the delivery / performance of ClickandSell reasons that she was not responsible, such as force majeure and other unforeseeable, by reasonable means unavoidable events, rest the obligations for the duration and extent of the obstacle and extend the deadlines accordingly. If such delays lasted more than four months, the customer and the ClickandSell entitled to rescind the contract.

4.3 If the ClickandSell is in default, the customer may cancel the contract only after it has set the ClickandSell writing an extension of at least 14 days and this period has elapsed. Damage claims by the customer for non-performance or delay are excluded, except on proof of intent or gross negligence.

5th Early resolution

5.1 The ClickandSell is entitled to terminate the contract for important reasons, with immediate effect.

An important reason exists in particular if
a) the execution of the work for reasons for which the customer is impossible or is delayed, despite a grace period of 14 days on;

continued b) the customer, despite a written warning with a grace period of 14 days, their principal obligations under this contract, including payment of an amount made payable or violates obligations to cooperate.

c) legitimate concerns about the creditworthiness of customers and these are at the request of either ClickandSell advance payment made before the performance ClickandSell a suitable security;

d) the assets of the customer opens a bankruptcy or composition proceedings or reject a request to open insolvency proceedings due to lack of funds, or if the customer stops making payments.

5.2 The customer is entitled to terminate the contract for important reasons, without respite. An important reason exists in particular if the ClickandSell continued violation despite a written warning with a grace period of 14 days to remedy the breach of contract essential terms of this contract. Advance payments are not refundable.

6th Fee

6.1 If not otherwise agreed, the fee to the ClickandSell for each individual service as soon as it was rendered. The ClickandSell is entitled to charge to cover its expenses.

6.2 The fee is subject to a net fee plus sales tax at the statutory rate. Lack of agreement in each case, the ClickandSell for the services provided and the transfer of copyright and license plate legal rights entitled to remuneration in the market level.

6.3 All services of ClickandSell that are not expressly settled by the agreed fee will be paid separately. All the ClickandSell pocket expenses arising shall be reimbursed by customers.

6.4 Estimates of ClickandSell are non-binding. If it is expected that the actual cost of the writing of the ClickandSell estimated at more than 15%, will inform the customer ClickandSell on the higher costs. The cost overrun is considered to be approved by the customer unless the customer within three working days after this notice objects in writing in a cost-effective alternatives are known. If it is not a cost overrun to 15%, a separate notification is required. This estimate is exceeded by the client from the outset is approved.

6.5 For all the work ClickandSell that are out for whatever reason the customer does not put in execution, deserve the ClickandSell the agreed payment. The tax credit provision of § 1168 AGBG is excluded. With the payment of the fee, the customer acquires no rights work already performed, not executed concepts, drafts and other documents are to be immediately reported to the ClickandSell reset.
6.6 In drawing up the web site will only be paid in full and sign the acceptance report released on the web.

7th Payment, Retention of Title

7.1 The fee is due immediately upon receipt of the invoice within 7 days and without deduction, unless it can be agreed upon in individual cases, special payment terms in writing. This also applies to the re-invoicing of all disbursements and other expenses. The goods delivered by the ClickandSell / website until full payment of the fee payable in addition to including all the property of ClickandSell.

7.2 If payment is delayed, the statutory default interest shall be in force for business operations level. Furthermore, the customer agrees in the event of default, the ClickandSell the resulting reminder and collection expenses, unless they are for appropriate legal action necessary to replace. This at least covers the cost of two reminders at the commercial rate, as well as a reminder of a designated collection with the attorney. The assertion of further rights and claims will remain unaffected.

7.3 In the event of default by the customer, the ClickandSell all, under any other place with the completion of customer contracts, services provided and part be due immediately. Furthermore, the ClickandSell not required to render further services until payment of the outstanding amount. Has agreed to pay in installments, it reserves the ClickandSell be implemented in case of untimely payment of installments or additional claims for the right to demand immediate payment of all outstanding debt (default).

7.4 The customer is not entitled to set off its claims against claims of ClickandSell, except if the demand of the customers of the ClickandSell acknowledged in writing or determined by a court.

8th Ownership and Copyright

8.1 All services of ClickandSell, including those of presentations (. Eg, suggestions, ideas, sketches, drafts, and similar), and parts thereof, remain just as the individual pieces and original drafts owned by ClickandSell and may differ from the ClickandSell any time - especially in be reclaimed - termination of contract. The customer purchases by paying the fee for the right to use the agreed purpose. The acquisition of rights to use and exploit the benefits ClickandSell shall in any case, the full payment of the ClickandSell for advance fees charged.

8.2 Changes and adaptations of the ClickandSell services, such as in particular its extension by the customer or by third parties acting for them, only with the express consent of ClickandSell and - if the services are protected by copyright - the copyright holder.

8.3 For the use of services of ClickandSell, beyond the originally agreed purpose and scope of use is - regardless of whether that service is protected by copyright - the consent of the ClickandSell required. This is what the author and the ClickandSell an additional fees.

8.4 The use of the services or ClickandSell of advertising, has worked for the ClickandSell conceptual or design templates, after the ClickandSellvertrages regardless of whether that service is protected by copyright or not - also endorsed by the ClickandSell necessary.

8.5 The customer shall be liable for any illegal usage ClickandSell double the amount of reasonable fees for such use.

9th Identification

9.1 The ClickandSell is entitled to all promotional materials and in all advertising on the ClickandSell and possibly draw attention to the author, without the customer being entitled to claim a fee.

9.2 The ClickandSell is possible at any time, subject to written revocation of the customer entitled to their own advertising and in particular on its website by name and company logo on the existing relationship with the customer to point (Reference Note).

10th Liability and Produkthafung

1.10 lighter in cases negligence is a liability of ClickandSell for material or financial loss of the customer is excluded, regardless of whether they are direct or indirect damages, lost profits or consequential damages, damages for delay, frustration, positive breach of obligation, negligence in contracting, due to faulty or performance is incomplete. The existence of gross negligence has to prove the victim.

10.2 Any liability of ClickandSell for claims that are made on the basis of services provided by the ClickandSell performance (eg advertising campaign) against the customer, is expressly excluded if the ClickandSell its notice obligation is fulfilled or such of them was not apparent, with slight negligence no harm. Especially is not ClickandSell for litigation costs, attorney costs or costs of the customers of sentence release, or for any damages or other claims of third parties; keep the customer in this regard has ClickandSell and harmless.

11th Privacy (visual emphasis corresponding to the case law)

The customer expressly agrees that the ClickandSell the customer provided data (name, address, e-mail, credit card data, data for account transfer) for the purpose of contract fulfillment and service customers as well as for promotional purposes determined using automated, stores and processes . The client agrees that he will be sent electronic mail for advertising purposes until further notice.

12th Applicable Law

The contract and all derived from the mutual rights and obligations and claims between the ClickandSell and the customer are subject to Austrian substantive law excluding the UN purchase right.

13th Place of performance and jurisdiction

13.1 Place of performance is Germany, Dusseldorf. When shipped, the risk passes to the customer as soon as the ClickandSell has delivered the goods to her chosen carriers.

13.2 To jurisdiction for all disputes between the customer and the ClickandSell legal disputes arising in connection with this contract Düsseldorf is agreed that the competent court. Regardless of the ClickandSell is entitled to sue the customer at its general jurisdiction.
Terms and Conditions - ClickandSell SL - fra juniper serra 14/3 - 07014 Palma - Spain - Tel: 0034 - 971 73 42 47 - info@clickandsell.inf0