Terms and Conditions

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I. General terms

(1) Contracting parties are WERI-Design GbR (hereinafter supplier), Chemnitzer Straße 85, 09405 Zschopau, Germany and the customer.
(2) The involvement of the customers own terms and conditions is rejected. Exemptions require a separate agreement between supplier and customer. Exclusively German law is considered.
(3) Our terms and conditions apply both to consumers and to business customers, unless in the relevant clause is made a difference.

II. Offer and conclusion of the contract

(1) Offers in brochures, ads, etc. - also with regards to prices - subject to confirmation and not binding unless expressly agreed as binding.
(2) The contract will be concluded only with the acceptance of the supplier (order confirmation in electronic form) within two weeks or by the delivery of the service.

III. Contract / Scope of delivery

(1) This contract contains the purchase or rental of software or individual software components, designs for websites (e.g. content management systems) as well as the creation of websites and their conceptual development. The individual characteristics of the goods or rental terms are documented in the individual product descriptions on the supplier’s website.
(2) The creation of individual websites is done on the nature and extent of the client completely provided information, documents and tools. In a significant change in the contractual obligations for the purpose of adapting to the needs of the customer, the provider can invoice the additional expenses.
(3) The provider is entitled to partial deliveries, unless the customer would have any interest.
(4) For individually created software components, websites or program adaptations the acceptance of these components must be performed by the customer latest 4 weeks after the delivery of this component. This acceptance will be confirmed in writing by the customer. If the acceptance is not performed after 4 weeks after delivery, the components have been accepted. The provider is entitled to submit individual components to the customer for partial acceptance.

IV. Obligation to co-operate

(1) The customer will deliver required data, especially website content or program components on time and in digital form. The supplier does not have to check the content which will be delivered by the customer.
(2) Unless the supplier provides the customer designs and / or test versions, specifying a reasonable time to check for accuracy and completeness, the designs and / or test versions of the deadline shall be deemed approved if the supplier does not receive a prompt correction.

V. Revocation

A revocation is only for individual development (e.g. websites). For services which have been purchased via download there is no right of revocation.

VI. Delivery

(1) Milestones/contractual dates and appointments are generally made in written form.
(2) Is for the service the involvement of the customer required, the delivery period is extended by the time the customer has not complied with this obligation. In case of delays caused by:
a) changes in customer requirements,
b) inadequate conditions in the application environment (hardware or software deficiencies), the provider if they were not known or had to be known,
c) problems with third party products (e.g. computer software from other manufacturers),
the delivery or performance date shall be extended accordingly.
(3) If the customer orders changes or additions those not only have minor extent, the origin dates and deadlines, which are based on the original contract, lose their validity.
(4) The delivery of software or software components, which offered in the shop for purchasing / renting, shall be delivered via download by the customer. With developments in the business field of websites the delivery will be performed via upload to the web space by the supplier or the shipment in electronic form to the customer (e.g. email).

VII. Payments and delay of payments

(1) For purchases / rentals over the internet shop the purchase price has to be paid within the order. The customer can pay the purchase price with one of the payment options. For payments by bank transfer the delivery will be executed after receiving of the payments by the supplier.
(2) For website creation / custom software development services, the agreed amount has to be paid within 10 working days.
(3) The deduction of a discount requires a separate written agreement.
(4) The supplier is entitled to charge for web design or programming services, a prepayment of half of the total contract value.
(5) Is the customer in default of payment, the provider may charge expenses for reminding for payment in the amount of 5% of contract value, but max. € 7 per reminder to the customer.

VIII. Reservation of ownership / Rights of use / Reference

(1) The customer receives a perpetual, nonexclusive right to use developed custom software or websites. For used standard software the relevant provisions of the manufacturer must be considered.
(2) This right only applies to the use of the whole website or of parts of the website on the Internet. It is not allowed to use design elements of the website or the entire website in another form, especially for printing. Exceptions are possible and require the written approval of the supplier.
(3) Until receiving of the full payment the service or product remains the property of the supplier.
(4) The customer shall give the supplier the right to include its logo and a copyright notice in the commissioned work and, if it is a web based project, to link with the supplier’s website.
(5) The supplier reserves the right to use designs and objects, even if they are based on customer templates, for presentation purposes and to include the customer's website in a reference list for promotional purposes and to set appropriate links.
(6) For some software components special license types will be used (e.g. GNU/GPL 2.0). For this component’s the relevant regulations of the underlying license will be applied.

IX. Liability for defects / Warranty

(1) Defects has to be reported to the supplier within two weeks after the occurrence of the defect in writing or electronically (email, ticket system) display. If notification is not received within this period the warranty rights expire.
(2) For defects the supplier has the choice to repair or to rebuild. If the supplier refuses to fix the defect and subsequent performance due to excessive costs, the customer can choose only price reduction (reduction) or cancellation of the contract (withdrawal).
(3) If the customer is consumer, the warranty expires after two years. The warranty period starts with the transfer of risk.
(4) If the customer is an entrepreneur, the warranty period is one year.
(5) Customer warranty claims are excluded, however, if the software is released under the GNU / GPL license or the customer / third parties did changes on the source code.
(6) Guarantees in the legal sense are not possible.

X. Liability for damages

(1) The supplier is liable for willful misconduct or gross negligence on the part of all of him or his legal representatives or agents caused damages to a limit of the contractual value. This also applies in cases of slight negligence in the case of loss of life, limb or health. Further claims for damages are excluded.
(2) The supplier is not responsible for the content which will be provided by the customer. In particular, the supplier is not obliged to check the contents for possible violations of law. If third parties claim possible legal violations of the content of the website, the customer agrees, to excuse the supplier from all liability and to reimburse the costs that arise because of possible legal violations.

XI. Obligation of the customer to backup data

The customer is obliged to protect themselves adequately against data loss. The installation of software, but also the change of installed software, has a risk of data loss, so the customer is obliged to backup data before installation or modification of the software.

XII. Privacy Policy

(1) The provider stores necessary customer data as part of contract negotiations and settlement (e.g. address, passwords and bank details).
(2) Both parties will handle marked privileged information confidential.
(3) Documents relating to software, such as documentation and source code are primarily to protect against unauthorized access. The supplier indicates that it is not possible in the current state of the art to prevent duplication of work especially of graphics and other visual or acoustic design elements that are reachable in the internet.