We believe that creativity has no limits and enriches people’s lives. For this reason we create unique design concepts for private customers as well as companies and brands all over the world.
1.1 The following General Terms and Conditions (GTC Delivery) apply to all orders placed with WELOVESTREETAR e.KT („we“) for services and works.
1.2 We render our services and works exclusively on the basis of these terms and conditions. Terms and conditions of the customer and deviating agreements shall only apply if we have expressly acknowledged them.
1.3 Our terms and conditions shall also apply if we provide our services or works for the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions.
2.1 Without our express consent, our services and works, including the agency and copyright identification, may not be altered either in the original or in reproduction.
2.2 All our work (drafts and works, software, photographs, logos, layouts, sketches, etc.) shall be deemed to be protected by copyright law in relation to the client even if the required level of creation has not been achieved. Any imitation, even of parts of our work, by the customer shall be inadmissible.
2.3 Our services, works and work may only be used for the agreed type of use and the agreed purpose within the agreed scope. In the absence of an express agreement to the contrary, the only purpose of the contract shall be the purpose made recognisable by the customer at the time the order is placed. Unless otherwise expressly agreed, only a simple right of use shall be transferred in each case. Under no circumstances shall we be obliged to hand over source code or open layout files or other open files unless this has been expressly agreed.
2.4 All rights of use to ideas presented but not selected for implementation shall remain with us.
2.5 The right to use the work to the agreed extent is acquired by the client upon payment of the fee. 2.6 The transfer of granted rights of use to third parties as well as multiple uses (e.g. for another product, another campaign, another website, another platform or by another company) require our express consent and are subject to remuneration.
2.7 The publication of our work is only permitted with agency and copyright designation. A breach of this obligation shall entitle us to damages. Without proof, we are entitled to a surcharge of 100% on the agreed or customary usage fee.
2.8 Suggestions and instructions of the client or his employees and agents have no influence on the amount of the remuneration, even if they exceptionally establish a joint copyright.
2.9 We may mark the advertising media/artworks developed by us with our name and/or logo in small letters in an appropriate manner and – even after the end of the contract period – use them free of charge for our own advertising within the framework of presentations as well as on our website; press releases shall be agreed with the client.
2.10. We are entitled to a claim for information against the customer regarding the scope of use.
3.1 Our offers are valid for 14 days from the date of issue.
3.2 Unless expressly agreed otherwise, payment for our services and works shall be made on a time basis, which shall be invoiced monthly or task-related on an hourly basis in accordance with our standard agency hourly rates valid at the time the order is placed.
3.3 Expenses and incidental costs shall be reimbursed separately. Against proof, the client bears in particular all travel, travel and accommodation costs incurred for the execution of the respective order, as well as technical ancillary costs, in particular production and reproduction costs, hosting fees, costs for the production of models and photos as well as GEMA fees, artists‘ social security contributions, customs costs, insurance costs, etc. The client shall be liable for all costs incurred in connection with the execution of the respective order.
3.4 The pure travel time is calculated with 50% of the respective standard agency hourly rate.
3.5 External legal audits or trademark searches shall only be subject to our offer if expressly agreed. In the absence of an express agreement, these are additional services to be ordered and paid for separately.
3.6 Unless otherwise agreed, we shall be entitled to a commission of 35% of the net cost for the execution of orders with third parties whose costs are charged directly to the customer. This does not apply if we receive commissions (e.g. AE commissions) from the third party for the mediation.
3.7 The agreed prices are net prices in Euro plus VAT. They shall apply subject to the proviso that the order data on which they are based and the scope of services remain unchanged.
4.1 The remuneration is due upon delivery of the work; it is payable without deduction. If work is justifiably delivered in parts, the corresponding partial fee shall be due upon delivery of the part. For services that are not delivered, but performed, the remuneration is due at the time of their performance. If an acceptance takes place before the delivery of a work or the rendering of a service, the remuneration is already due with the acceptance.
4.2 Separately invoiced expenses and ancillary costs are to be paid immediately by the client.
4.3 When accepting an offer, the client undertakes to make a down payment of 80 percent of the order value. The remaining amount of the order is due after acceptance.
4.4 The delivered services and work shall remain our property until all claims arising from the respective contract have been paid in full.
4.5 The customer shall only be entitled to set-off against our claims if and to the extent that his counterclaims have been legally established, acknowledged by us or are undisputed. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
4.6 The customer shall not be entitled to assign claims to which he is entitled against us or to have them collected by third parties. The provision of § 354a HGB remains unaffected by this.
4.7 We shall be fully entitled to the statutory rights of set-off and retention. We are entitled to assign all claims arising from the contract with the client without the consent of the client.
4.8 If our works or work are used by the customer beyond the contractually agreed scope of use without our consent, an appropriate remuneration shall be due. This is calculated for photo uses according to the MFM picture fees and within the scope of the fee recommendations of the Association of German Graphic Designers according to these.
5.1 Our activities are based on the briefing by the client. If the briefing is given orally, we will immediately send the client a briefing protocol. This protocol becomes a binding working document and is valid as a commercial letter of confirmation. Agreements and orders contained therein and the other content shall become binding if and insofar as the customer does not object in writing or in text form within three working days.
5.2 Within the scope of the order, we have the freedom of design.
5.3 We shall not owe the protection or registrability of the work carried out and services rendered.
5.4 Only one draft and its one-off revision shall be owed in each case. If the client wishes further changes or the creation and submission of further drafts in addition to the one-time submission and revision of a draft, these are additional services which are remunerated according to time expenditure.
6.1 We are entitled to order the external services necessary for the fulfilment of the order in the name and for the account of the customer. The customer undertakes to grant us corresponding power of attorney.
6.2 Insofar as, in individual cases, contracts for external services are concluded in our name and for our account, the customer undertakes to indemnify us internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
6.3 We have the right to engage subcontractors and freelancers to perform our services in our own name and for our own accoun
7.1 With the release of the work, the client assumes responsibility for the correctness of the image and text.
7.2 Production shall only be monitored by us on the basis of a special agreement. If such an agreement exists, we shall be entitled to make necessary decisions and issue instructions.
7.3 Unavoidable changes in tonal value/colour in relation to samples, drafts or originals, or enlargements made at an earlier date do not entitle the customer to withdraw from the contract or make a complaint.
7.4 Due to artistic freedom, there may be deviations in the design, which do not entitle to withdrawal or complaint.
8.1 We shall be liable for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by us. We undertake to carefully select and instruct vicarious agents. Furthermore, we are not liable for our vicarious agents.
8.2 Insofar as we commission necessary external services, the respective contractors are not vicarious agents. We are only liable for our own fault and for intent and gross negligence.
8.3 Any other contractual and non-contractual liability on our part is excluded.
8.4 In particular, we shall not be liable for any damage arising therefrom if we have informed the customer of any legal or other risks associated with an advertising measure/design or any other design measure prior to its execution and the customer insists on an unchanged execution of the advertising measure/design despite these reservations. In addition, the customer shall indemnify us against all claims of third parties arising therefrom upon first request.
9.1 Delivery dates or deadlines which have not been expressly agreed as binding are exclusively non-binding.
9.2 If we are culpably unable to comply with an expressly agreed deadline or are in default for other reasons, the customer shall grant us a reasonable grace period, which shall commence upon receipt by us of the written notice of default or, in the case of the period determined on a calendar basis, upon the occurrence of the default.
9.3 In the event of default, we shall be liable in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if the customer is demonstrably entitled, as a result of the delay in performance or delivery, to invoke the discontinuation of his interest in the performance of the contract or if the default is due to an intentional or grossly negligent breach of duty for which we are responsible. In all other cases our liability is limited to the foreseeable, typically occurring damage.
9.4 Unless excluded by the nature of the order or unreasonable for the customer, we shall be entitled to partial performance and partial deliveries.
10.1 If the customer withdraws between the 60th calendar day and the 31st calendar day before the design date, AerosolAD e.K / WELOVESTREETART is entitled to charge 80% of the ordered services.
If the customer withdraws between the 30th calendar day and the 7th calendar day before the design date, AerosolAD e.K / WELOVESTREETART is entitled to charge 90% of the ordered services.
If the customer withdraws less than 7 calendar days before the design date, AerosolAD e.K / WELOVESTREETART is entitled to charge 100% of the ordered services.
10.2 The date of receipt of the written notice of withdrawal by AerosolAD e.K / WELOVESTREETART shall be decisive for the date of withdrawal.
11.1 The exclusive place of jurisdiction for all disputes arising from this contract shall be Munich; however, we shall also be entitled to sue the customer at another competent court.
11.2 The legal relations between the parties, in particular the contracts concluded on the basis of these General Terms and Conditions, shall be governed exclusively by the law of the Federal Republic of Germany, excluding the reference standards of international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods.
11.3 All agreements made between us and the customer for the execution of the contracts are recorded in writing.
11.4 Should individual provisions of these GTC and/or a contract concluded on the basis of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions or the contract as a whole. As far as general terms and conditions are concerned, the content of the contract is governed by the statutory provisions. In the event of other contractual provisions, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies to incompleteness. The contract shall be ineffective if adherence to it would constitute an unreasonable hardship for one of the contracting parties, even taking into account the change.