General terms and conditions of business
§1 Contracting parties
The following General Terms and Conditions (GTC) are part of all contracts and services concluded between
Agency Da Chatdeife
Christian Kastenberger
Dorfstraße 13a, 82110 Germering
E-mail address:info@dachatdeife.de
(hereinafter referred to as the ‘Contractor’)
and the customer (hereinafter referred to as the "client"). These General Terms and Conditions apply exclusively to all clients of the concluded contractual services, even if the use or access takes place outside the Federal Republic of Germany.
§2 Subject matter of the contract
(1) The subject of the service contract is the acceptance of mail items by postal authorization, their subsequent digitization, and forwarding of these items by the Contractor to the email address specified by the Client or via other technical platforms. If necessary, the original mail items will also be forwarded by post.
(2) The Client is entitled to use the address stated in the contract in its own imprint during the term of the contract (as well as the test phase).
(3) The subject matter of the agreement is exclusively the receipt and processing of letter mail.
(4) After receipt of a letter by the Contractor, it will be forwarded to the Client within a period of up to 6 months at the currently applicable conditions, unless the Client has requested its destruction.
(5) Use of the service (the address in the imprint) is permitted only by the client himself for the projects specified by him upon conclusion of the contract. Use by third parties is prohibited. If the client, in breach of contract, provides the address provided to him to third parties or uses it himself for projects not specified upon conclusion of the contract, the contractually agreed fee shall be deemed to have been additionally agreed upon from the time and for the duration of the unauthorized use by the third party(ies).
(6) Any homepage, other web presence (e.g., blog, Instagram account, Facebook account, homepage, etc.), and book publication of the client are considered a project. Multiple URLs pointing to the same homepage are considered a single project. Multiple web presences of a project (e.g., social media presences) will be billed at an additional rate.
(7) Consignments whose transport or storage is clearly subject to national or international dangerous goods regulations or whose transport and storage is subject to special requirements will not be accepted. The Contractor is entitled to refuse consignments if, in its reasonable opinion, the contents are illegal or contrary to common decency.
§3 Conclusion and commencement of the contract
(1) The contract is concluded via distance communication (email and mail). The offers presented represent a non-binding invitation to submit an offer by placing an order or sending the contract, which the contractor can then accept. The ordering process for concluding the contract comprises the following steps:
a. Retrieval of the draft contract and power of attorney
b. Completion and signature
c. Sending to the contractor and acceptance/confirmation
(2) The contract is concluded upon sending an order confirmation.
(3) The contract text will be stored by the Contractor. The Client has the option of requesting a copy of the contract text. The Client may correct any input errors during the ordering process. To do so, they can proceed as follows: Timely notification of corrections to the Contractor prior to contract confirmation.
§4 Service fees and other service charges
(1) The amounts for the selected package are due upon invoicing for the contract term and the billing interval.
(2) The primary payment methods are PayPal, advance payment, and invoice. In cases where the Contractor specifies payment by invoice, the due date is 14 days from the invoice date.
(3) Billing is generally done on the first of each month. If a contract does not start on the first of a month, the first billing will be pro rata on the first of the following month or the billing or fee interval.
(4) The Contractor may increase prices, in particular if it is itself exposed to price increases by third parties (e.g., postal service providers) or due to other cost factors arising in the normal course of business. The Contractor shall notify the Client of any changes to fees in text form via email. Changes to fees shall take effect at the earliest at the beginning of the new contract term.
(5) The Client agrees to receive invoices and credit notes electronically. Electronic invoices and credit notes will be sent to the Client via email in PDF format.
§5 Contract duration and termination
(1) The contractual relationship concerns recurring/permanent services and is concluded for an indefinite period.
(2) The notice period is two weeks prior to the end of the contract term. If the client does not terminate the contract in a timely manner, the term of the contract will be automatically extended for a further period. The right to terminate the contract – possibly without notice – for good cause remains unaffected.
(3) The Contractor shall be entitled, in particular, to terminate the contract without notice for good cause if:
a. the client defaults on payment of the contract or service fee,
b. the client culpably violates the terms of the contract and fails to remedy the violation within a reasonable period of time after receiving a warning from the contractor. In the case of serious violations, a warning is unnecessary.
(4) Termination by the client is either
in writing to Agentur Da Chatdeife, Christian Kastenberger, Dorfstraße 13a, 82110 Germering or
b. in text form by email toinfo@dachatdeife.deto explain.
(5) The Contractor may terminate the contract in writing or in text form. A written notice of termination shall be deemed received even if it was sent to the last address provided by the Client but could not be delivered or was not received there.
(6) After the end of the contract term, the Client is no longer authorized to use the address previously provided to him in any form for legal or commercial transactions. The Client must, in particular, ensure that the address is no longer provided for projects specified by him in the contract after the end of the contract term.
(7) If the client continues to use the address provided to him after the end of the contract in violation of paragraph 6, an amount equal to 100% of the fee owed for the authorized use shall be deemed agreed for the period of unauthorized use, unless the continued use is based exclusively on the client's inability to terminate the use in a timely manner - e.g., by notifying third parties of a new address - despite exercising reasonable due diligence. The assertion of resulting services pursuant to Section 4 remains unaffected. The assertion of this claim shall not be construed as approval of the unauthorized use by the client; the assertion of corresponding claims for injunctive relief and damages remains unaffected.
§6 Liability
(1) Claims for damages by the client are excluded unless otherwise stated for the following reasons. This also applies to the contractor's representatives and vicarious agents, should the client assert claims for damages against them. Excluded are claims for damages by the client due to injury to life, body, or health, or breaches of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages resulting from grossly negligent or intentional breaches of duty by the contractor or its legal representative or vicarious agents.
(2) When forwarding original mail, the Contractor is only liable for the timely and proper dispatch or forwarding of mail. The Contractor assumes no liability for any errors by third parties, such as Deutsche Post AG. The Client is responsible for verifying whether the authorization granted by the Client to open the mail is permissible.
(3) The client remains solely responsible for the content they publish and for maintaining a legally correct imprint. They are responsible for verifying whether the use of this service is legally permissible in their specific case.
(4) In the event of a simple negligent breach of cardinal obligations, the Contractor’s liability shall be limited to the damages typical and foreseeable under the contractual relationship and shall be limited to an amount of €100 per claim.
§7 Language, place of jurisdiction and applicable law
The contract is drafted in German. The further execution of the contractual relationship shall be conducted in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only to the extent that it does not restrict the legal provisions of the state in which the client has their place of residence or habitual abode. For disputes with clients who are not consumers, legal entities under public law, or special funds under public law, the place of jurisdiction is the registered office of the contractor.
§8 Data protection
In connection with the initiation, conclusion, processing, and reversal of a contract based on these General Terms and Conditions, the Contractor collects, stores, and processes data. This is done within the framework of the statutory provisions. The Contractor will not pass on any of the Client's personal data to third parties unless legally obliged to do so or the Client has expressly consented in advance. If a third party is used for services related to the processing of data, the provisions of the Federal Data Protection Act will be observed. The data provided by the Client when placing an order will be processed exclusively for the purpose of establishing contact within the scope of contract processing and only for the purpose for which the Client provided the data. Payment data will be passed on to the credit institution or payment service provider commissioned with the payment. If the Contractor is subject to retention periods of a commercial or tax law nature, the storage of some data may last for up to ten years. During a visit to the contractor's website, anonymized data that does not allow any conclusions to be drawn about personal data and is not intended to do so, in particular IP address, date, time, browser type, operating system, and pages visited, are logged. At the client's request, personal data will be deleted, corrected, or blocked within the framework of the statutory provisions. Free information about all of the client's personal data is available. For questions and requests regarding the deletion, correction, or blocking of personal data, as well as the collection, processing, and use, the client can contact the following address:
Agency Da Chatdeife
Christian Kastenberger
Dorfstraße 13a, 82110 Germering
E-mail address:info@dachatdeife.de
§9 Obligations of the Client
(1) The Client undertakes not to use the Contractor’s services for any business or private activities that violate legal provisions of any kind or that are likely to impair or damage the Contractor’s reputation.
(2) The Client shall independently ensure that the technical facilities through which he receives notifications (e-mail address) are ready to receive them and that mail sent to the address provided by him (postal forwarding address), in particular any official deliveries received at the address provided here, reach him.
(3) The Client is obliged to grant the Contractor an original signed postal authorization to enable the receipt of mail sent to the Client at the address provided.
(4) The Client undertakes to inform the Contractor immediately of any changes to his address, electronic contact details, bank account details and other circumstances of comparable importance for the contractual relationship.
§10 Miscellaneous, Final Provisions
(1) There are no oral side agreements.
(2) Amendments to the General Terms and Conditions will be communicated to the Client by email at least two weeks before they come into effect. Instead of attaching the full text, a reference to the internet address where the new version can be accessed is sufficient. If the Client does not object to such amendments within two weeks of notification, the new version shall be deemed agreed upon, provided that the Client is informed in this email of the intended meaning of silence. Within the two-week period from the date of notification, the Client also has the right to terminate the contractual relationship with the Contractor without notice.
(3) Should any provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
As of: October 23, 2024
