1. General / contract conclusion
1.1 All deliveries and services are exclusively subject to these General Terms and Conditions.
1.2 Deviations from these General Terms and Conditions, additional agreements and subsidiary agreements must be in writing or confirmed in writing.
1.3 Our information and offers regarding the services and product description provided by us are non-binding, unless expressly a binding assurance. In view of the continuous technical development and improvement of our services and products, we reserve the right to make changes to the details given in our offer, provided that this does not affect the value of the services offered. Insofar, FOR REEL CREATIVE is also entitled to make changes to the services to the extent that is reasonable for the customer for the best possible execution of the order.
1.4 Cost estimates are non-binding and can be exceeded or fallen below by 5% in the event of a later order, without the need for a special notification to the customer.
1.5 Purchase contracts are only concluded by a written order confirmation.
1.6 Transfers of rights and obligations from the purchase contract require the written consent of FOR REEL CREATIVE.
2. Prices and terms of payment
2.1 For the performance, the offer prices apply at the time of the order confirmation or the completion of the service.
2.2 Price changes, which result from changes in the scope of service, are reserved and shall be met by the purchaser, if he is responsible for them.
2.3 Our prices are exclusive of VAT and in the case of hardware products such as DVDs, CDs, photo books, etc., plus costs for packaging and shipping.
2.4. The invoice amounts are payable immediately and without deduction. In the case of a default of payment, we are entitled to charge interest at the rate of 5% above the respective base interest rate. The assertion of any further damage caused by delay remains reserved. Bills of exchange or checks are only accepted after agreement and on account of fulfillment. Discount and collection charges are at the expense of the purchaser.
2.5 In the event of default of the customer, we are entitled to refuse all services to the customer, including from other contractual relationships. We are not liable for any damages resulting from this non-performance.
2.6 If the customer does not accept the service produced on his behalf, we shall be entitled to demand the agreed purchase price if the service has been rendered by us. The flat-rate compensation is reduced to the extent that the customer can prove that expenses or damage have not occurred.
2.7 The customer shall only have the right of retention insofar as his counterclaim is based on the same contractual relationship. An offsetting of the customer is excluded, unless the counterclaims of the customer are legally established or recognized by us.
3. Completion and delivery period
All specified delivery times or dates are not fixed dates, but are best kept by us.
3.1 Binding completion dates must be agreed in writing. The deadline is met if the service in question is sent before the deadline expires or a notification of the pick-up date is made, insofar as collection is agreed. In the case of online products, the deadline is considered to be met, provided that an online position has been completed on time by FOR REEL CREATIVE. This refers to the provision of data on our servers or websites.
3.2 The completion or delivery period may be extended by the time until the customer has given us the information and documents necessary for the execution of the order.
3.3 All agreed completion and delivery periods are subject to proper and timely delivery.
3.4 The completion and delivery time shall be reasonably extended in the event of loss of work, in particular for reasons beyond our control, such as legal or official order, lack of availability of Internet resources at our premises or by third-party providers (Internet providers) and force majeure. The aforementioned circumstances are not responsible for us even if they arise during an already existing default. In important cases we will inform the customer as soon as possible about the beginning and end of such obstacles. In case of delays in delivery, we are entitled to terminate the contract because of the not yet fulfilled part of the contract and to invoice the services provided so far. Furthermore, the delivery period in this case for the remaining delivery is extended by 2 months from the cessation of the delivery obstacle. The liability of FOR REEL CREATIVE for the delay in delivery or a contract cancellation resulting from this is excluded.
3.5 If we fall into arrears with the completion and / or delivery, claims for damages exist only if the delay is based on intent or gross negligence.
4. Delivery, shipment, transfer of risk
4.1 We are entitled to partial deliveries and completion unless expressly agreed otherwise. Partial deliveries and completions apply to payment obligations, transfer of risk and warranty obligations as independent services. The customer is not entitled to reject independent partial services.
4.2 A possible shipping method, the shipping route including online shipping of data and the company commissioned with the shipping, we can determine at our discretion, unless the customer express written instructions.
4.3 The risk is transferred to the customer as soon as the data is sent online by FOR REEL CREATIVE or the consignment with the delivery items leaves our house. This applies regardless of who bears the transport costs and whether the shipment is made from the place of performance. Upon written request we insure the goods at the expense of the customer. In the case of self-pickup by the customer, the risk passes to the customer when the goods are handed over. This applies in the case of data downloads from our data servers from the time we offer or advise the customer to collect the data.
4.4 In the case of the forwarding or personal delivery of goods and other items to the FOR REEL CREATIVE, the respective sender shall bear the transport risk until the arrival at FOR REEL CREATIVE and all transport costs incurred. For self-delivered goods, the risk of transport remains until delivery to the customer.
5. Retention of title
5.1 We reserve the title to our film productions and all related services as well as purchased goods such as DVDs, CDs or photo books until full payment of all claims from the business relationship including ancillary claims (such as bill of exchange costs, financing costs, interest, etc.). In case of breach of contract by the customer or customer, we are entitled to reclaim the goods. In the redemption, as well as in the seizure of the reserved property, there is no withdrawal from the contract. If the value of the retained securities exceeds the outstanding claims by 20%, then FOR REEL CREATIVE will release securities at the request of the customer or client. The customer has to explain and prove the exceeding of the open claims by 20%.
5.2 In the event of seizure or other interventions by third parties, the customer or client must notify us in writing without delay in order to ward off these attacks as far as possible and to point out the ownership of FOR REEL CREATIVE.
5.3 Any processing or transformation of the services or data (for example video files) by the customer is always carried out by us. If services or data are processed with other objects not belonging to us, we acquire the co-ownership of the new object in proportion of the value of the goods or software to the other processed objects at the time of processing.
5.4 The customer is entitled to resell or pass on the services and products of FOR REEL CREATIVE in the ordinary course of business, provided that the user rights have been granted in writing by FOR REEL CREATIVE. In this case, clearly identifiable proof of source must be provided with reference to the FOR REEL VIDEOGRAPHY. Violations can be punished by claims for damages.
6. Warranty / Disclaimer
6.1 We guarantee that the services and delivery items provided by us are free from errors according to the current state of the art. The warranty period is 12 months for all hardware products delivered by us such as DVDs, CDs or photo books, however, up to a maximum of the value of the goods. A warranty on data products such as film productions or related media services is excluded.
6.2 We assume no liability for defects and damages arising from improper or improper use, failure to follow instructions for use or incorrect or negligent treatment. This applies in particular to the improper processing of data by means of software products and systems that are not under our control.
6.3 Any warranty expires if the customer intervenes and / or performs programming activities on or with our data or by persons who have not been authorized by us.
6.4 Obvious defects must be reported in writing immediately, but no later than two weeks after receipt of the service; otherwise, all claims for defects are excluded. In commercial transactions, §§ 377, 387 HGB apply in addition.
6.5 Insofar as we are aware of a defect in the service or the data for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or to make a replacement.
6.6 Claims for damages can only be asserted against us in all cases, even in case of failed rectification or subsequent delivery, if we are guilty of intent or gross negligence or if warranted characteristics are lacking. Insofar as our liability is excluded, this also applies to the personal liability of our employees, employees, representatives and vicarious agents.
6.7 Unless otherwise expressly agreed, further claims of the customer - regardless of the legal grounds - are excluded. We are therefore not liable for damages that are not directly incurred in the contract or delivery item; In particular, we are not liable for lost profits or other financial losses of the customer. The above exemption does not apply if the damage is based on intent, gross negligence or lack of a warranted property, breach of contractual obligations, default, impossibility, and claims under § § 1, 4 of the Product Liability Act, it also does not apply to damages resulting from injury to life , Body or health. We are not liable for the restoration of data, unless we have caused the loss intentionally or grossly negligent and the customer has ensured that a backup has been made, so that the data can be reconstructed with reasonable effort.
6.8 In the event of culpable loss or damage of original films, videotapes or other source materials, which have been given to the producer by the client for editing or storage, the liability of FOR REEL CREATIVE on the re-supply of unprocessed film material or the same length of the damaged or lost parts. In all other cases of damage, irrespective of the legal grounds or facts, FOR REEL CREATIVE is liable as in its own affairs. In cases of force majeure, strikes, lockouts and the behavior of suppliers and suppliers, the FOR REEL CREATIVE is not liable. The fulfillment claim of the client otherwise is not affected.
7. Withdrawal and compensation for non-executed orders
7.1 We may rescind the contract if we become aware of any suspension of payments, commencement of bankruptcy or court settlement, refusal of bankruptcy due to lack of assets, bills of exchange or check protests or other specific indications of deterioration in the financial circumstances of the client or client. In this case, all unpaid bills will be due immediately and we may make all other services dependent on the provision of an advance payment, a bank guarantee or other security.
7.2 If for reasons for which the customer is responsible we withdraw from the contract, the agreed performance is not executed or a resignation on the part of the customer, then the customer has to reimburse us for our expenses and the lost profit the costs. The withdrawal from the contract must be in writing. Decisive for the resignation and for the amount of the cancellation costs is the receipt of the resignation. The lump-sum cancellation costs per event / production amount as a percentage of the total order volume:
- until the 30th calendar day before the event 20% - until the 20th calendar day before the event 50% - from the 7th calendar day before the event 80%
- from the 3rd calendar day before the event 100%
Incurred costs such as postage, telephone, processing costs u.a. will also be billed separately in case of cancellation.
8. Other claims for damages
FOR REEL CREATIVE shall only be liable for claims for damages due to a positive breach of contract, tort, organizational negligence, negligence on conclusion of the contract or any other debt-dependent claims if it or its vicarious agents are guilty of intent or gross negligence. Obvious printing, arithmetic and spelling errors entitle the FOR REEL CREATIVE to contest the contract.
9. Use of customer data
We are entitled to process all data relating to the terms and conditions with the customer in accordance with the Federal Data Protection Act. With regard to any data that is accessible to us on our own data media, we are bound to secrecy towards third parties.
10. Usage and exploitation rights
The rights of use and exploitation for the commissioned, finished production are exclusively transferred to the client after full payment of the agreed order sum. However, this does not apply to the right to use camera cassettes and other exposed or recorded materials. The evaluation and use of ideas, textual and graphic works, works of photography, films, etc. are limited to the purpose and duration of the contract, unless otherwise agreed. Any other and further use, such as the use of ideas abroad, the use of productions in other contexts of use (Internet, CD-ROM, training, etc.) must be additionally agreed and calculated. FOR REEL CREATIVE has the right to use the finished production for demonstration purposes.
11. Insurance
All items or materials provided by the FOR REEL CREATIVE are not insured. It is therefore the responsibility of the client to ensure sufficient insurance protection for his submitted or provided material.
12. Product acceptance
After completion of production, acceptance by the customer takes place. As part of this acceptance, FOR REEL CREATIVE will be notified of any change requests in writing. These changes are carried out by the contractor free of charge, as far as they were not apparent from the previously accepted intermediate stages. The desired changes are carried out at short notice by the FOR REEL VIDEOGRAPHY and then presented again for approval. All further desired changes shall be borne by the client. For changes caused by the client, such as subsequent text changes or retouching works, the resulting costs will be charged additionally. Technical complaints and complaints must be made in writing without delay, but no later than two weeks after acceptance of the production. In the case of timely and metrologically justifiable complaints, FOR REEL CREATIVE is only obliged to eliminate the defects, as far as this is technically possible within the scope of their operation. If the rectification fails, the client has the right to reduce the remuneration.
13. Obligations of the client
The client is obliged to support the production target with all means at its disposal. He names in writing a responsible and responsible for this production staff. This employee is expressly authorized to make legally valid statements in the following cases:
a) Production expansions
b) Change of the production target as well as the production dates and the resulting additional costs. He is also responsible for the timely and appropriate provision of all services and obligations that the client has assumed in connection with the production.
14. Other agreements
14.1 Unless otherwise agreed, the client shall bear the del credere for all orders to third parties that are issued by FOR REEL CREATIVE in connection with his order. Such orders must be coordinated with the client in advance.
14.2 FOR REEL CREATIVE is entitled to keep the client in his customer list and to provide this as a reference, unless the client explicitly prohibits this when placing the order.
14.3 FOR REEL CREATIVE undertakes at any time, but no later than after completion of its production, to surrender the property entrusted to it by the Client, including any copies and excerpts.
14.4 Both partners agree indefinitely to maintain secrecy about the internal affairs that became known during the joint shoot.
14.5 The following or equivalent copyright notice shall be attached to the production: "A production of FOR REEL CREATIVE"
15. Place of Performance, Jurisdiction, Partial Invalidity, Applicable Law, Scope
15.1 Hamburg is agreed as the place of performance for all bilateral services due from the contract, including possible restitution claims.
15.2 In business dealings with traders who do not belong to the tradespeople referred to in § 4 HGB and with legal persons of public law, the place of jurisdiction for all legal disputes arising from the contract, including bills of exchange and checks, is Hamburg; We are also entitled to sue at the customer's location.
15.3 The invalidity of individual provisions does not result in the invalidity of the entire contract.
15.4 For all legal transactions or other legal relationships with FOR REEL CREATIVE, the law of the Federal Republic of Germany shall be deemed to be mandatory under exclusion of the UN Convention on the International Sale of Goods (CISG).
15.5 The above provisions do not apply if individually agreed otherwise. As of: 21.11.2019