AGB's

Rachel Dusper Bilić
Ostlandstraße 4 a
D - 24340 Eckernförde
Germany

1. General information

These General Terms and Conditions (GTC) apply to all business transactions with my customers. The GTC are recognised by the customer by placing the order and apply for the entire duration of the business relationship. Delivery contracts, amendments, supplements and collateral agreements shall only become binding for me upon written confirmation. The customer's terms and conditions shall only be binding for me if I have expressly recognised them.

2. Placing an order

The customer places translation orders in writing, electronically or in any other form. An order shall only be deemed to have been placed if it has been confirmed by me in writing (fax or e-mail). I shall not be liable for delays or deficiencies in execution caused by an unclear, incorrect or incomplete order placement or errors or misleading or incorrect formulations in the source text.

3. Prices

All offers and prices are subject to change. Prices are quoted in EURO unless otherwise agreed. In the case of large orders, a down payment or payment in instalments may be required according to the quantity of text completed. All prices quoted in my offers are net prices excluding VAT. Shipping costs will be charged to the customer.

4. Delivery times

Delivery times are given to the customer to the best of our knowledge and belief. They can only ever be estimated dates.

5. Disruption, force majeure, closure and restriction of operations, network and server errors, viruses

I am not liable for damages caused by disruptions, in particular by force majeure, e.g. natural disasters and traffic disruptions, network and server errors, other line and transmission disruptions and other obstacles for which I am not responsible. In such exceptional cases, I am entitled to withdraw from the contract in whole or in part. I am also not liable for damage caused by viruses. To avoid the risk of infection, I use anti-virus software and recommend this to my clients. In the case of deliveries of translations in file form, the customer is responsible for a final check of the transferred files and texts. Claims for damages in this respect cannot be recognised.

6. Liability and complaints

If no special agreements have been made regarding the qualitative requirements for the translation or if no specific requirements are evident from the nature of the order, the contractor shall produce the translation of the text to the best of his knowledge and belief, completely and in accordance with the meaning and grammatically correct. If the client does not raise any written objections without delay, but at the latest within 7 days (receipt by me), the translation shall be deemed to have been approved. In this case, the client waives all claims to which he may be entitled due to any defects in the translation. If the client complains about an objectively existing and not merely insignificant defect within this 7-day period, this defect must be described as precisely as possible and I must first be given the opportunity to rectify it. If rectification is demonstrably unsuccessful, the client shall be entitled to a reduction in price or cancellation of the contract. Further claims, including claims for damages due to non-fulfilment, are excluded. Liability shall in any case be limited to the value of the order in question. In any case, I shall only be liable for gross negligence and wilful intent; liability for slight negligence shall only apply in the event of a breach of material contractual obligations. I shall not be liable for translation errors caused by incorrect, incomplete or untimely information or documents provided by the client or by incorrect or illegible (even partial) source texts. If the client does not specify the intended use of the translation, especially if it is to be published or used for advertising purposes, he cannot demand compensation for the damage caused by the fact that the text proves to be unsuitable for the intended use or that the publication or advertising has to be repeated due to a faulty adaptation or leads to damage to the company's reputation or loss of image. If the customer does not indicate that the translation is intended for printing or if he does not send me a proof before printing and prints without my approval, any defect shall be fully at his expense. If a claim is made against me on the basis of a translation due to an infringement of copyright, or if claims are asserted by third parties, the customer shall indemnify me in full against liability. Unless expressly agreed otherwise in writing, I accept no liability whatsoever for materials, order components, warranted properties, dispatch instructions, processing instructions and the like provided by the customer. I am not obliged to check these for compliance with the statutory standards within the meaning of the Product Liability Act and/or the German Civil Code (BGB). In such cases, the customer shall be liable without limitation and shall indemnify me in full against all third-party claims at the time the claim is made.

7. Delay in delivery, impossibility, cancellation

The customer is only entitled to withdraw from the contract in cases of delay in performance and impossibility for which I am responsible if the delivery period has been exceeded by me for an unreasonably long time and he has set me a reasonable grace period in writing. Order cancellations are excluded.

8. Terms of payment

Unless otherwise agreed, I shall invoice the client for the fee immediately after completion of the translation. My fee is due for payment by bank transfer within 14 days of the invoice date, excluding offsetting or retention. If payment is not made by the due date, the client shall be in default without the need for any further special notification. In the event of default, I shall be entitled, without prejudice to any further claims, to charge interest and commission in accordance with the usual rates of German banks for short-term loans, but at least interest of 3.5% p.a. above the respective discount rate of the European Central Bank.

9. Retention of title

The delivered translation and the copyright to it shall remain my property until all claims have been paid in full. Until then, the client has no right of use. If the translation was made for a third party, I reserve the right to inform this third party of my outstanding claim and the resulting illegality of the use of the translation and, if necessary, to demand payment of the outstanding amounts and any expenses incurred by me in connection with this.

10. Protection of secrets

All texts will be treated confidentially and I undertake to maintain secrecy about all facts that become known to me in connection with my work for the client. In view of the electronic transmission of texts and data as well as any other communication in electronic form between the client and possible vicarious agents, I cannot guarantee absolute protection of business and information secrets and other confidential data and information, as it cannot be ruled out that unauthorised third parties may gain access to the transmitted texts by electronic means.

11. Applicable law and place of jurisdiction

The contractual relationship and further business relations between me and the customer are subject exclusively to German law, to the exclusion of international sales law. As far as permissible, the following applies to all Eckernförde, Germany, shall be the exclusive place of jurisdiction for both parties in the event of disputes.