GENERAL TERMS AND CONDITIONS OF BUSINESS
Paradox-Grafix - Marco Giorgino
1 Conclusion of contract and subject matter of the contract
1.1 The contract between the 3D designer and the client is concluded by an order confirmation, which is sent by e-mail, fax or post by the 3D designer. It is also possible to place an order verbally. (§ 145 ff. BGB)
1.2 The subject matter of the contract shall be governed by the individual agreements of the parties. The 3D Designer shall not owe any services that have not been expressly agreed individually. The delivery of the designs shall be owed in a manner that enables the manufacture of the products resulting from the purpose of the contract/order; the delivery of so-called “open” files shall not be owed as a matter of principle. (§ 631 BGB)
2 Remuneration
2.1 All services provided by the 3D Designer for the Client shall be subject to a fee, unless expressly agreed otherwise. If the client requests special and/or additional services during or after the provision of the 3D Designer's services, this shall result in a supplementary remuneration obligation (§ 315, 632 BGB). If the execution of the order is delayed for reasons for which the client is responsible, the 3D designer may demand an appropriate increase in remuneration (§ 615 BGB). In the event of intent or gross negligence, the Client may also assert claims for damages.
2.2 The fees are net amounts, which are to be paid plus statutory VAT. (§ 1 para. 1 UStG)
2.3 Suggestions made by the Client or its employees or other cooperation shall have no influence on the amount of the remuneration (Section 632 (3) BGB).
3 Due date for payment, acceptance, default
3.1 Unless otherwise agreed, the remuneration is due as follows:
- 25% of the total remuneration when the order is placed,
- 25 % after completion of half of the work and
- 50 % upon acceptance (§ 641 BGB).
For orders with an expected duration of less than one month, the following payment modalities apply:
- 25% of the total remuneration as a down payment before work commences,
- 75% after completion of the work (§ 632a BGB).
3.2 Work results shall be made available to the client via a download link or sent by e-mail.
3.3 Complaints of any kind must be made in writing to the 3D designer within 7 days of delivery of the work. Thereafter, the work shall be deemed to have been accepted free of defects (§ 377 HGB for merchants).
3.4 Acceptance may not be refused for creative-artistic reasons (§ 640 BGB).
3.5 In the event of default of payment, the 3D-Designer may demand default interest in accordance with § 288 BGB.
4 Rights of use and retention of title
4.1 The rights of use shall only pass to the customer upon full payment of the remuneration for the design and elaboration. All products created shall remain the property of Paradox-Grafix until payment has been made in full (Section 158 (1), Section 449 BGB).
4.2 All drafts, developments, elaborations, drawings and other work of the 3D designer shall be entrusted to the client within the meaning of Section 18 (1) UWG.
4.3 The 3D Designer shall grant the Client the rights of use required for the respective contractual purpose (§ 31 UrhG).
5 Ownership of designs and data
5.1 Only rights of use are granted to designs and other results, but ownership is not transferred (§ 31 UrhG).
5.2 The originals shall be returned to Paradox-Grafix undamaged after a reasonable period of time, unless otherwise agreed. In the event of damage or loss, the customer shall be liable (§ 280, 281 BGB).
5.3 The data and files created in fulfillment of the contract shall remain the property of Paradox-Grafix (§ 950 BGB).
6 Liability
6.1 The 3D designer shall only be liable for damages in the event of intent and gross negligence (§ 276, 280 BGB).
6.2 The client assures that he is authorized to use all templates provided to the 3D designer. Otherwise, the client shall indemnify the 3D Designer against all third-party claims for compensation (§ 97 UrhG).
7. termination of the contract
7.1 Should the client terminate the contract prematurely, the 3D Designer shall receive the agreed remuneration less expenses saved (Section 649 BGB).
8 Confidentiality
8.1 Both parties undertake to treat all knowledge that they obtain from each other in the context of an order as strictly confidential (§ 2 GeschGehG).
9. final provisions
9.1 The place of performance and jurisdiction is the registered office of Paradox-Grafix - Marco Giorgino, provided that the customer is a merchant or a legal entity under public law (§ 38 ZPO).
9.2 The ineffectiveness of one of the above conditions does not affect the validity of the remaining provisions (§ 306 BGB).
9.3 The law of the Federal Republic of Germany shall apply (§ 3 EGBGB).
Status: 20.02.2025