Terms and Conditions of JULIUS GEIS – BRAND AESTHETE® LLC

General

The following terms and conditions are valid for all present and future business relations with the client, even if they are not explicitly referred to. Deviant or complementary terms and conditions of the client won’t become part of the contract, except if they are explicitly confirmed by JULIUS GEIS – BRAND AESTHETE® LLC in written form. The same is valid for changes and additions of these very terms and conditions.

Oral agreementshave to be confirmed in writing by JG and don’t exist in case they are in doubt.

conclusion of contract

The hiring of JULIUS GEIS – BRAND AESTHETE® LLC happens in written form via standard mail, fax or e-mail. The client promptly receives a confirmation of order. The contract is deemed concluded at the latest if and when the proper confirmation of order has been sent with the client being able to have knowledge thereof.

Collection of data / data protection

With the assignment of JULIUS GEIS – BRAND AESTHETE® LLC the client explicitly accepts the handling of all data necessary for the winding up of the contract that become known throughout the contractual relation. The client also accepts that JULIUS GEIS – BRAND AESTHETE® LLC may use the data collected throughout the business relationship in the light of German data protection laws (state and federal) for internal business purposes of JULIUS GEIS – BRAND AESTHETE® LLC.

Additionally JULIUS GEIS – BRAND AESTHETE® LLC explicitly refers to its extra terms of data protection for data declarations that are given online.

Service

The scope of service is basically laid out and described in detail in an individual order form / frame contract.

Payment / Prices / setoff / price reduction

JULIUS GEIS – BRAND AESTHETE® LLC provides its services basically per invoice. The payment of the invoice is due without deductions within 10 days of its receipt. JULIUS GEIS – BRAND AESTHETE® LLC reserves its right to only provide the services in exchange for prepayment or a partial prepayment. More details are to be found in the order form.

 If the client commits a delay of payment, JULIUS GEIS – BRAND AESTHETE® LLC is entitled to claim interest concerning the delay to the amount of 5 % above the basic interest rate (concerning contracts and orders with / from firms and merchants and people ordering for business reasons to the amount of 8 % above the basic interest rate). JULIUS GEIS – BRAND AESTHETE® LLC reserves the right to prove an amount of delay damage that is even higher. The client may prove that the delay damage for JULIUS GEIS – BRAND AESTHETE® LLC is not existent or smaller in amount. In every case JULIUS GEIS – BRAND AESTHETE® LLC may claim the lawful interest rate.

The client may only set off with counter claims that are legally binding (res judicata), unchallenged or approved by JULIUS GEIS – BRAND AESTHETE® LLC. A right of retention may only be claimed by the client based on counter claims, which rely on the same contractual relation.

If the tax rate is changed between the conclusion of the contract and the draft of the invoice the right to impose an additional charge or reimbursement of an amount of sales tax that has been calculated too small or too much is reserved, as long as the U.S., State of Hawaii legislation prescribes no other rules.

Concerning offers, the price only is valid for the services named therein. All services which go beyond the limits of the offer will be charged on an hourly basis in relation to the additional effort (most of the time a fix hourly rate within the frame contract)

The prices offered have to be understood as “net”-prices plus the lawful sales tax and are all related to the currency “USD”.

Liability / Variation of scope of service

For the success of the counseling or the success of projects or extensive counseling JULIUS GEIS – BRAND AESTHETE® LLC may not be held liable.

For the negligent injury of duties by JULIUS GEIS – BRAND AESTHETE® LLC itself or its auxiliary persons JULIUS GEIS – BRAND AESTHETE® LLC may not be held liable, no matter for which legal reason. As far as the negligent injury of cardinal duties is concerned the liability of JULIUS GEIS – BRAND AESTHETE® LLC is limited to the amount of the typically foreseeable damage. For negligently caused injuries of duty, like delay and impossibility or for negligently caused injuries of protection duty JULIUS GEIS – BRAND AESTHETE® LLC may not be held liable. The aforementioned exclusions of liability and limitations of liability are not valid in cases of liability independent from fault/blame, especially as far as the product liability law is concerned, in connection with blamefully caused damages of body or health or the loss of life.

Copyright / Trademark law

(1)  All rights – also those of translation, reprint and the copy of the documents and data files or parts thereof drafted or made by JULIUS GEIS – BRAND AESTHETE® LLC – are reserved. The documents and data files may not – also not in part – be reproduced in any form without the former written consent of JULIUS GEIS – BRAND AESTHETE® LLC, except for copy templates which are expressly marked as such or as far as the transfer of data files / documents is laid out and part of the individual contract. The documents and data files otherwise may especially not be worked with, copied, distributed, spread out or be used for the purpose of public playback using electronical systems. Any copyright infringement will be subject to civil and criminal litigation and pursued as such.

Reserved right of property

JULIUS GEIS – BRAND AESTHETE® LLC reserves the right of property concerning transfered data files and documents until having received all payments from the business relation with the client.

The client is obligated to give JULIUS GEIS – BRAND AESTHETE® LLC immediate notice of any change of place of business, as long as claims concerning delivered goods or performed services are still due.

Delay

If a shipment/delivery or a service does not happen within the promised date of delivery / performance delay in the legal sense only occurs as soon as the delivery date is overdue 2 weeks or more. 

The caption above is not valid for documents to be delivered as far as they are for a certain and timed event / presentation or the preparation of such an event / presentation. JULIUS GEIS – BRAND AESTHETE® LLC will seek a solution which does the purpose of the contract justice in discussion and accordance with the client if there is a problem with timely delivery / performance in such cases.

Salvatory clause / Final agreements

The laws of the federal republic of Germany are applicable. The CISG (UN contract concerning contracts dealing with international sale of goods) is not applicable. This choice of law is also valid for end customer contracts, as long as Art. 29 EGBGB does not contradict.

In cases of the client being a salesman, a legal person of public law or a public special entity the exclusive place of jurisdiction for all disputes resulting from this contract is Hamburg, Germany. The same is valid if the client has no principal jurisdiction in Germany.

Should single terms of the contract between JULIUS GEIS – BRAND AESTHETE® LLC and the client, including these very terms and conditions, be or become wholy or partly legally void or should there be a gap in the contract, the validity for the rest of the terms is not affected. The contractual parties will replace or edit a legally void or unwhole term with adequate terms which reflect the economic purpose of the originally targeted term in the broadest sense.

 

All rights reserved © 2014 RA Thorsten Majer
Kanzlei Majer & Conzelmann, Partnerschaft von Rechtsanwälten
Hirschstraße 12, 70173 Stuttgart, www.majer-conzelmann.de

 

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