General Terms and Conditions (GTC)
VAN TECKEL | Proprietor: Maximilian Sarnow
Fasanenweg 15, 83104 Tuntenhausen, Germany
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts, offers, and services provided by “VAN TECKEL | Proprietor: Maximilian Sarnow” (hereinafter referred to as “Agency”).
1.2 Deviating conditions of the client are not accepted unless the Agency expressly agrees to their validity.
1.3 These GTC also apply to future business relationships, even if they are not expressly agreed upon again.
2. Conclusion of Contract and Services
2.1 The basis for cooperation is an individual offer or an order confirmation (including email or messenger). The contract is concluded upon acceptance of the offer.
2.2 Changes or extensions after the conclusion of the contract require an agreement and may incur additional costs.
2.3 The Agency is entitled to involve third parties to fulfill the contract.
2.4 The client is obligated to obtain necessary permits (e.g., from property owners, performers, authorities) unless otherwise agreed.
2.5 The artistic scope of design lies with the Agency. Complaints regarding style, technical means, or artistic implementation are excluded.
3. Copyright and Usage Rights
3.1 All works created by the Agency (photos, videos, concepts, storyboards, etc.) are protected by copyright. The Agency is the author.
3.2 Raw materials (unedited files) remain the property of the Agency and are not released unless expressly agreed upon.
3.3 Usage rights are granted to the client only to the extent specified in the contract. Without separate agreement, the client receives only a simple usage right for the agreed purpose.
3.4 Transfer of usage rights to third parties is only permitted with the Agency’s consent.
3.5 The Agency is entitled to use created works for self-promotion (e.g., website, social media, portfolio, showreel), unless the client objects before the conclusion of the contract.
3.6 The client is obligated to name the Agency as the author in publications, as far as this is customary in the industry.
3.7 The Agency reserves the right to transfer secondary rights to collecting societies.
4. Remuneration and Payment Terms
4.1 All prices are net plus the statutory value-added tax.
4.2 The Agency may require an advance payment of up to 50% of the order value before commencement.
4.3 The remaining balance or the total amount for orders without an advance payment is due after delivery/acceptance and must be paid within 14 days without deduction, unless otherwise agreed in the offer.
4.4 If the client is in default of payment, the Agency is entitled to charge default interest at the statutory rate and to withhold further work until payment is received.
5. Cancellation and Cancellation Fee
5.1 In case of cancellation by the client, the following costs apply:
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Up to 14 days before the appointment: 50% of the order value
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Up to 7 days before the appointment: 80% of the order value
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Within 48 hours before the appointment: 100% of the order value
5.2 Already incurred third-party costs (e.g., travel expenses, rental fees, external services) must be reimbursed in full.
5.3 In case of cancellation by the Agency (e.g., illness, force majeure), an alternative date will be offered. In this case, the client has no claims for damages.
6. Liability
6.1 The Agency is liable only for intent and gross negligence.
6.2 In case of slight negligence, the Agency is liable only for the violation of essential contractual obligations (“cardinal obligations”).
6.3 Liability is limited to the foreseeable, typical contractual damage.
6.4 The client is solely responsible for the legality of content, motifs, or music usage provided or requested by the client.
7. Final Provisions
7.1 The place of performance and exclusive place of jurisdiction is the registered office of the Agency, provided the client is a merchant or a legal entity under public law.
7.2 German law applies exclusively. The UN Sales Convention is excluded.
7.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
7.4 In case of discrepancies between the German and English versions of these GTC, the German version shall prevail.