NOTE: Sales only within Austria.
General Terms and Conditions
The company CAINACADIE e.U. (www.naildesign.world) only concludes image processing orders in accordance with these General Terms and Conditions. By placing an order, the client acknowledges their applicability. Deviating agreements can only be made legally effective in writing. Within the framework of an ongoing business relationship, the General Terms and Conditions shall also apply to all future orders, offers, deliveries or services of CAINACADIE e.U. without express approval.
Scope of services / processing of orders / obligations of the client
The scope of services results from the product/service description in the written offer from www.naildesign.world. Additional and/or subsequent changes to the product/service descriptions require written confirmation by www.naildesign.world.
The client must immediately object to the content of meeting minutes transmitted by www.naildesign.world if he does not wish to accept the content presented. www.naildesign.world is entitled to partial services, insofar as these are reasonable for the client. Without a separate agreement, www.naildesign.world is not obliged to hand over interim results, drafts, layouts, source files etc. belonging to the contractual service.
Without a separate agreement, the patent, design, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts, drafts and other services provided within the scope of the contract is not owed.
The risk of the admissibility of the services of www.naildesign.world under competition and/or intellectual property law shall be borne by the client. www.naildesign.world shall not examine the services from a legal point of view.
Competition, advertising, trademark or other legal reviews are only the responsibility of www.naildesign.world if this has been expressly agreed in writing. In this case, the client assumes the additional costs incurred, e.g. by engaging a law firm. www.naildesign.world is not liable for the trademark registrability of the designs and services.
Cooperation of the client
The client shall support www.naildesign.world in the fulfillment of its contractually owed services. This includes in particular the timely provision of information, materials, data, including all access data as well as hardware and software, insofar as the client’s cooperation services require this. When placing the order, the Client shall nominate a technically competent person authorized to make decisions as a contact person for the Contractor.
This person shall provide the Contractor with the documents and information required to carry out its work.
Content to be provided by the client must be made available in a common, directly usable digital format. The detailed requirements are defined in the service description of the offer. If it is necessary to convert the content provided by the client into another format, the client shall bear the costs incurred for this according to the usual hourly rates of www.naildesign.world.
If the client recognizes that his own information, requirements or contents are incorrect, incomplete, ambiguous or not feasible, he must immediately inform www.naildesign.world of this and the consequences recognizable to him.
Cooperation services of the client which are owed within the scope of the contract shall not be remunerated or offset against the remuneration agreed with www.naildesign.world, unless expressly agreed otherwise.
Commissioning of third parties
www.naildesign.world is entitled to carry out the assigned work itself or to commission third parties to do so.
4.2 www.naildesign.world is entitled but not obliged to place orders for the production of advertising material and/or the purchase of photos, images or graphics from third parties in the name and for the account of the client, unless the client expressly declares otherwise when placing the order. www.naildesign.world is entitled to accept standard industry terms and conditions at the expense of the client. The client hereby grants a corresponding power of attorney.
www.naildesign.world is not liable for services of third parties, which were commissioned in the name of the client in accordance with the above section 4.2. or which www.naildesign.world has merely mediated. This applies in particular to the services of photographers, models, printers, mailing service providers and other so-called letter store services. Such services are generally only brokered by www.naildesign.world. The contract is concluded directly with the respective third party and the client. In these cases, the client must contact the respective third party who has provided the services directly.
If the client requests an offer from www.naildesign.world, he will receive a non-binding and free offer from naildesign.world.
The prices and general conditions stated in the offer are binding for www.naildesign.world, provided the client places an order within 14 calendar days. The agreed prices do not include packaging, freight, postage, insurance or other shipping costs. These costs will be charged to the client. Contributions to artists’ social insurance, fees for collecting societies (e.g. GEMA), customs duties or other charges or fees, including those incurred subsequently, shall also be passed on to the client. The order is placed by paying the offer price by bank transfer or online booking. All prices are quoted in euros and include the statutory value added tax of 20%. www.naildesign.world delivers the services in accordance with the offer on account. All invoices are payable immediately, without any kind of deduction. In the event of late payment, www.naildesign.world is entitled to charge interest on arrears and reminder fees. If the client is in arrears with the payment of an invoice, www.naildesign.world is entitled to suspend further work, even if it is another order, until full payment has been made.
Right of modification
The client retains all rights to all documents that are transferred to www.naildesign.world by the client or by persons authorized by the client. The client grants the provider the right to copy, adapt, modify, store, duplicate, alter, reproduce or edit the images in any form to achieve the desired result.
Delivery / Shipping
As a rule, the finished image material is made available as a download via a password-protected download area (in exceptional cases by e-mail). The client will be informed of the delivery time in the offer. Delivery/production deadlines and delivery/production dates are only binding if www.naildesign.world confirms their binding nature in writing.
In any case, they only apply if the client has properly fulfilled any obligations to cooperate (e.g. procurement of documents, approvals, provision of information, access data, images, films and other content required to fulfill the contract, preparation of service catalogs / specifications). The delivery/production period shall be extended in the event of unforeseen obstacles that are beyond the control of www.naildesign.world, insofar as such obstacles can be proven to have a significant influence on the delivery of the delivery item. The delivery period is extended according to the duration of such measures and obstacles. www.naildesign.world will immediately inform the client of the beginning and end of such obstacles.
Templates and drafts provided by www.naildesign.world are only binding in terms of color, image, line or sound design if their corresponding possibility of realization has been confirmed in writing by www.naildesign.world.
If www.naildesign.world is in default with its services, it must first be granted a reasonable grace period. After fruitless expiry of the grace period, the client can withdraw from the contract. Compensation for damages caused by delay can only be demanded up to the value of the order. Minor delays in delivery of a maximum of five working days shall not entitle the client to refuse acceptance and shall not give rise to any claims for damages. Delays in delivery, e.g. due to shipping, force majeure, acts of God or other events for which www.naildesign.world is not responsible, shall not give rise to any claims for damages.
Shipping
Shipping is carried out by Austrian Post. The costs are calculated according to the current price list based on weight and shipping method.
Warranty and complaints
www.naildesign.world has freedom of design within the scope of the order. Warranty claims with regard to the artistic design only exist if www.naildesign.world has not observed the recognized rules of the trade.
Complaints regarding obvious defects must be made within 7 days of receipt of the commissioned work at the latest. Only technical deficiencies that could have been avoided according to the current state of the art shall be deemed to be justified defects, but not taste-related aspects such as color shifts, color tones, dimensions, etc. The statutory limitation period of six months shall apply to defects that are not recognizable. In the event of justified complaints, the client shall only be entitled to rectification or replacement at our discretion. If the client is not satisfied with the result, www.naildesign.world will rework once free of charge. Reworking free of charge is only possible on the basis of the scope of services originally described by the client. All change requests that include new requirements must be ordered separately. A sample image with a lower resolution is displayed in the personal download area so that the client can assess whether the result meets their expectations. Further warranty claims and claims for damages shall only exist in the event of complete or partial non-fulfillment of the order.
Changes to services
If the client wishes to change the contractually agreed scope of services, he must inform www.naildesign.world in writing. www.naildesign.world will examine the client’s change request and its effects on the existing agreement. The examination is to be remunerated with the usual hourly rate of www.naildesign.world.
www.naildesign.world will inform the client of the result of the examination. www.naildesign.world will either submit a detailed proposal for the implementation of the change request or explain why the change request cannot be implemented. If the change is feasible, the contracting parties will agree on the content of the proposal for the implementation of the change request. If an agreement is reached, the contract shall be amended accordingly. If no agreement is reached, the original scope of services shall remain unchanged.
Agreed deadlines shall be postponed, if and insofar as they are affected by the change procedure, taking into account the duration of the review, the agreement on the change proposal and, if applicable, the change requests to be carried out, plus a reasonable start-up period. www.naildesign.world shall inform the client of the new deadlines.
Acceptance of work services
If www.naildesign.world provides work services, the client is obliged to accept the services immediately.
If the client does not expressly accept the services of www.naildesign.world, they are considered accepted 14 days after delivery.
Upon request by www.naildesign.world, the client is also obliged to approve drafts and interim results, provided that these can be reasonably assessed on their own.
Change requests after approval represent a change in performance (see point Changes in performance).
Liability
Claims for compensation for consequential damage suffered by the client are excluded. www.naildesign.world is not liable in particular for damage suffered by third parties, loss of profit or loss of data. No liability is assumed for damage and/or loss of image files and image materials, photos, negatives or slides. A warranty is limited exclusively to the pure material value.
Copyright and industrial property rights
The client warrants that it holds the sole copyright, trademark rights, the right to publish and the right to offer the images provided. This also applies to image content that requires approval by third parties. The client warrants that it has obtained the consent of the persons depicted in the images, that it has not infringed any property rights to the depicted objects and that it has obtained the necessary authorizations for the depiction. In the case of legally protected objects, the client must have the consent of the rights holder. Should any legal or other consequences arise from an infringement of third-party rights, copyright infringement or trademark infringement, these shall be borne solely by the client. The client shall indemnify www.naildesign.world against all claims arising from any of the above-mentioned infringements. All rights to the resulting images remain with www.naildesign.world until full payment has been made.
Rights of use
Upon settlement of all invoices relating to the order, www.naildesign.world shall grant the client all rights of use required for use to the extent agreed for the order. In case of doubt, www.naildesign.world fulfills this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Austria for the duration of the use of the advertising material and/or the design or programming. Any use beyond this, in particular editing and modification, requires the prior written consent of www.naildesign.world.
www.naildesign.world is not obliged to grant this consent.
Rights of use to work that has not yet been fully paid for at the end of the contract remain with www.naildesign.world, unless otherwise agreed.
If photos, images or graphics of third parties are acquired for the fulfillment of the contract (e.g. via picture agencies), the acquisition of related rights shall take place via www.naildesign.world unless otherwise agreed. The license fees incurred for this shall be passed on to the client.
The transfer of rights of use from the client to third parties requires the prior written consent of www.naildesign.world.
The above regulations also apply to any, even partial, use of the work and services (presentations) presented or handed over by www.naildesign.world with the aim of concluding a contract, whether they are protected by copyright or not. This also applies to the use in modified or edited form and for the use of the ideas on which the work and services of www.naildesign.world are based, insofar as these have not been reflected in the client’s previous advertising material. Rights of use are only acquired here if a separate contract for use is concluded. The acceptance of a presentation fee does not constitute consent to the use of the work and services of www.naildesign.world.
Templates, files and other work materials (in particular negatives, models, original illustrations, etc.) that www.naildesign.world creates or has created in order to provide the service owed under the contract shall remain the property of www.naildesign.world. There is no obligation to surrender them. www.naildesign.world is not obliged to store them.
www.naildesign.world has the right to use all works created for the client in the context of self-promotion in all media. Insofar as the order includes the production of advertising material, www.naildesign.world is to be provided with a reasonable amount of the advertising material for these purposes free of charge. www.naildesign.world is entitled to name the client as a reference.
Examination of content
www.naildesign.world is entitled, but not obliged, to check the content transmitted by the client in his order for legality. If, in the opinion of www.naildesign.world, individual contents or the entire contents of the client’s order violate applicable law, www.naildesign.world is entitled to exclude the contents from production without further notice. In the case of punishable content, the right to file a complaint with the criminal prosecution authorities is reserved.
Third-party content
www.naildesign.world is not responsible for materials and content, in particular images and graphics, provided by the client. www.naildesign.world is not obliged to check the materials and content for possible legal violations. www.naildesign.world is in particular not liable for image or film material provided.
In the event that claims are made against www.cainacadie.world on the basis of the materials and content, images, graphics or film material provided by the client, the client shall indemnify and hold www.naildesign.world harmless.
Illegal image material
It is expressly forbidden to disseminate illegal image material (e.g. child pornography etc.). www.naildesign.world will carry out ongoing content checks of the image files set up in this respect and take all other suitable and legally prescribed measures to prevent such misuse. Image files containing unlawful image material will be blocked immediately and www.naildesign.world will report this to the responsible law enforcement authorities, to whom all data and image material, including any known personal data, will be forwarded in this case. Since a complete control of the existing image files is not possible, www.naildesign.world does not assume any liability for the content of existing image files. By signing the contract, the contractual partner agrees to this procedure.
Retention of title
All physical services delivered shall remain the property (reserved goods) of www.naildesign.world until all monetary claims of www.naildesign.world arising from its business relationship with the client have been satisfied in full, even if payments for the specific service have been made.
Confidentiality
The contracting parties agree to maintain confidentiality about the content and conditions of this contract and about the knowledge gained during its execution.
www.naildesign.world shall ensure that only those employees who are involved in the respective project have access to confidential information.
The client uses an offer received from www.naildesign.world only for his own purposes. All rights are reserved by www.naildesign.world. The offer or parts of the offer may not be copied, reproduced or processed, duplicated or distributed using electronic systems without the prior written consent of www.naildesign.world.
Confidentiality also applies beyond the termination of the contractual relationship.
Upon request, the documents handed over in each case must be returned after termination of the contractual relationship, unless the other contractual party asserts a legitimate interest in these documents.
Reference naming
www.naildesign.world is entitled to use the client as a reference including logo insertion on the website.
Updating the GTC
With the publication of the updated GTC, older versions lose their validity.
Miscellaneous
www.naildesign.world may change or terminate the service offer at its own discretion and without prior notice.
Severability clause
If a provision is or becomes invalid in whole or in part, this shall not affect the validity of the remaining part of the provisions or the validity of the remaining provisions. In this case, the partners undertake to replace the invalid provision with a valid provision which, as far as legally possible, comes as close as possible to the economic purpose pursued by the invalid provision, taking into account the interests of the partners expressed in the contract. The same applies if the contract contains a loophole not foreseen by the partners.
Legal matters
Austrian law shall apply exclusively. This agreement is subject to Austrian law. The place of jurisdiction is the registered office of CAINACADIE e.U..
The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship shall be the registered office of CAINACADIE e.U. if the Purchaser is a merchant or a legal entity under public law.
Austrian law shall apply exclusively, even if the ordering party has its registered office abroad. The contract language is German.
Final note: In accordance with the Equal Treatment Act, the terms used in the contract, “the contractual partner”, “the photographer”, refer to both male and female persons.
Status: 2024
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