General Terms and Conditions

for the commissioning of design and branding services from Visuarex Creative Studio

  1. Scope of application
  2. These General Terms and Conditions (GTC) apply to all current and future contractual agreements between Nico Erbacher, Visuarex Creative Studio (hereinafter "Visuarex") and its customers. Customers of Visuarex are entrepreneurs and consumers to whom Visuarex provides design and branding services.
  3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. (§ 14 BGB).
  4. Terms and conditions of the customer or third parties shall not apply, even if Visuarex does not separately object to their validity in individual cases. Even if Visuarex refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this shall not constitute an agreement to the validity of those terms and conditions.
  5. Amendments to the GTC shall be communicated to the customer in good time with reference to their future validity. If this amendment is not objected to within one month of receipt, it shall be deemed to have been approved by the provider. The same applies to the inclusion of these GTC in existing contracts.
  6. Conclusion of contract
  7. In the case of an order via the ordering options provided by Visuarex on the Internet, the customer commissions Visuarex by going through the selection process of an offered service package on the Visuarex website (also referred to hereinafter as the "ordering process"). The selection process itself does not constitute an effective offer.

By clicking on the corresponding order button, the customer submits a binding offer to conclude a service contract for a fee.

Visuarex accepts the customer's offer by means of an express declaration (e.g. by e-mail). With the declaration of acceptance of the offer, Visuarex sends the customer a contract document.

The information to be provided during the ordering process must be complete and correct. The customer is obliged to correct or complete incorrect or incomplete information immediately. The same applies in the event that the information provided changes after it has been provided or it is discovered that incorrect information has been provided.

  1. In cases other than those specified in paragraph (1), orders placed with Visuarex shall not be deemed accepted until Visuarex has confirmed the order in writing, unless Visuarex indicates that it accepts the order, for example by taking action on the order. Order confirmations from Visuarex, even electronically and informally in the context of project communication, shall replace an order from the Customer unless objected to in writing within three days.
  2. The legal relationship between Visuarex and its customers shall be governed by the agreed order, including these GTC. The order agreement fully reflects the agreements between the contracting parties on the subject matter of the contract. It primarily describes the main service of Visuarex as the subject matter of the order. Visuarex does not owe any further success, in particular not the achievement of a certain economic success for the customer.
  3. Changes or extensions to the scope of services require a written agreement.
  4. Consumers have a 14-day right of withdrawal for online orders. Consumers can find more details on the right of withdrawal at: [link to withdrawal policy].
  5. Services
  6. The design and branding services to be provided by Visuarex shall be set out in detail in a separate agreement to be concluded between the customer and Visuarex (specification) or shall result from the placement of the order.
  7. Analyses and evaluations provided by Visuarex are exclusively for internal processes and strategic decisions and do not constitute legal or commercial advice.
  8. Fixed deadlines and dates are only binding if they have been confirmed as binding by Visuarex in writing. Should Visuarex fail to meet an agreed delivery date, the customer must set a reasonable grace period, which may in no case be less than two weeks.
  9. Visuarex may use third parties to fulfill its performance obligations. Unless the customer has expressly reserved the right to have a say, Visuarex shall select third parties. Visuarex shall use AI-supported tools to support the design process, unless the Customer objects to AI processing vis-à-vis Visuarex. Such an objection must be declared to Visuarex in writing. As a precautionary measure, Visuarex points out that the waiver of AI support may result in longer processing times and/or higher costs.
  10. The customer is obliged to perform all acts of cooperation necessary for the execution of this agreement and to support Visuarex. This obligation to cooperate applies in particular to projects with deadlines, where the Customer's cooperation is essential in order to meet certain deadlines. The Customer shall ensure that Visuarex receives all documents necessary for the execution of the agreement in good time and without special request, and that Visuarex is informed immediately of all processes that may be of significance for the execution of the agreement. The contact persons named by the customer must be authorized to sign, in particular with regard to the approval of budgets, cost estimates, drafts, texts and other coordination processes. The customer must notify us in writing in good time of any restrictions on the authorization to sign.