These Terms & Conditions are a translation for reference only. The German version (AGB) is legally binding. These terms apply to business clients (B2B) only.
These General Terms and Conditions (GTC) apply to all contracts between lupenRhein Dialogmarketing Solutions GmbH, Belsenstr. 16, 40545 Düsseldorf (hereinafter "lupenRhein") and its clients, insofar as these are entrepreneurs within the meaning of § 14 BGB (German Civil Code). They apply exclusively; deviating, conflicting or supplementary general terms and conditions of the client shall only become part of the contract if and insofar as lupenRhein has expressly agreed to their validity in writing.
Offers from lupenRhein are non-binding. A contract is only concluded when lupenRhein confirms the order in writing (including by email) or begins to execute the service.
The scope of services results from the respective order confirmation or service description. lupenRhein is entitled to use subcontractors to fulfil its obligations.
Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. In the event of late payment, lupenRhein is entitled to charge interest on arrears at the statutory rate.
The client shall provide lupenRhein in good time with all information, materials and access rights necessary for the provision of services. The client is responsible for ensuring that provided materials do not infringe third-party rights.
All work results created by lupenRhein remain the intellectual property of lupenRhein until full payment has been received. Upon full payment, the client receives the rights of use agreed in the order.
Both parties undertake to keep confidential all information designated as confidential or recognisably confidential that becomes known to them in connection with the contractual relationship, and not to disclose it to third parties without the written consent of the other party.
lupenRhein is liable without limitation for damages resulting from injury to life, body or health caused by a negligent or intentional breach of duty by lupenRhein, its legal representatives or vicarious agents, as well as for other damages caused by an intentional or grossly negligent breach of duty.
In cases of slight negligence, lupenRhein is only liable for the breach of essential contractual obligations (cardinal obligations). In these cases, liability is limited to the foreseeable, typically occurring damage.
lupenRhein processes personal data exclusively in accordance with the applicable data protection regulations, in particular the GDPR. Reference is made to the Privacy Policy.
The term and notice periods result from the respective service agreement. Unless otherwise agreed, contracts for ongoing services may be terminated by either party with [NOTICE PERIOD TO BE ENTERED] notice to the end of a calendar month.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for all disputes arising from the contractual relationship is Düsseldorf, insofar as the client is a merchant, a legal entity under public law or a special fund under public law.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Status: [DATE TO BE ENTERED] · lupenRhein Dialogmarketing Solutions GmbH · This is a reference translation. The German version is legally binding.