Terms and Conditions
Paradox-Grafix – Marco Giorgino
1. Conclusion of contract and subject matter
1.1 The contract between the 3D designer and the client is concluded by an order confirmation sent by the 3D designer by email, fax or post. An oral order is also possible. (German Civil Code, §§ 145 et seq.)
1.2 The subject matter of the contract is based on the individual agreements of the parties. The 3D designer does not owe services that have not been expressly agreed. What is owed is the delivery of the designs in a manner that enables the production of the products resulting from the purpose of the contract/order; the delivery of so-called "open" files is generally not owed. (German Civil Code, § 631)
2. Remuneration
2.1 All services provided by the 3D designer for the client are subject to a fee unless expressly agreed otherwise. If the client requests special and/or additional services during or after performance, this results in an additional remuneration obligation. If the execution of the order is delayed for reasons attributable to the client, the 3D designer may demand an appropriate increase in remuneration. In the case of intent or gross negligence, the 3D designer may also assert claims for damages.
2.2 Remuneration is net and payable plus the statutory value added tax.
2.3 Suggestions by the client, employees or other participation do not influence the amount of remuneration.
3. Due date, acceptance, default
3.1 Unless agreed otherwise, remuneration is due as follows:
- 25% of the total remuneration upon placing the order,
- 25% after completion of half of the work, and
- 50% upon acceptance.
For orders with an expected duration of less than one month, the following payment terms apply:
- 25% of the total remuneration as an advance payment before work begins,
- 75% after completion of the work.
3.2 Work results are provided to the client via a download link or sent by email.
3.3 Complaints of any kind must be made in writing to the 3D designer within 7 days after delivery of the work. After that, the work is deemed accepted as free of defects (for merchants also § 377 German Commercial Code).
3.4 Acceptance may not be refused for aesthetic/artistic reasons.
3.5 In the event of default in payment, the 3D designer may charge default interest in accordance with applicable law.
4. Rights of use and retention of title
4.1 Rights of use are transferred to the client only after full payment of the remuneration for the design and execution. Until full payment, all created products remain the property of Paradox-Grafix.
4.2 All designs, developments, elaborations, drawings and other work results are entrusted to the client within the meaning of German unfair competition law.
4.3 The 3D designer grants the client the rights of use required for the respective contractual purpose.
5. Ownership of designs and data
5.1 Only rights of use are granted; ownership is not transferred.
5.2 Originals must be returned to Paradox-Grafix undamaged within a reasonable period unless otherwise agreed. The client is liable for damage or loss.
5.3 Data and files created in performance of the contract remain the property of Paradox-Grafix.
6. Liability
6.1 The 3D designer is liable for damages only in cases of intent and gross negligence.
6.2 The client assures that they are entitled to use all materials provided to the 3D designer. Otherwise, the client shall indemnify the 3D designer against third-party claims.
7. Termination
7.1 If the client terminates the contract prematurely, the 3D designer shall receive the agreed remuneration minus saved expenses.
8. Confidentiality
8.1 Both parties undertake to treat as strictly confidential all information they receive from each other within the scope of an order.
9. Final provisions
9.1 Place of performance and jurisdiction is the registered seat of Paradox-Grafix – Marco Giorgino, provided the client is a merchant or a legal entity under public law.
9.2 The invalidity of any provision shall not affect the validity of the remaining provisions.
9.3 German law applies.
Last updated: 20.02.2025