1. Scope of application
These General Terms and Conditions shall apply to the services agreed upon by Beautiful Products GmbH (hereinafter referred to as Genius Partner) as part of a consulting and/or project contract (hereinafter referred to as “Contract”) concluded with the client, as offered on this website. The inclusion of the client’s own terms and conditions is hereby objected to, unless otherwise agreed.
2.1 Genius Partner shall make services as ordered available to the client primarily in electronic form (email, download, etc.), alternatively in written form or on a data carrier upon the client’s express request.
2.2 The client shall receive a non-exclusive license, not limited with respect to time and place, to use Genius Partner’s services to the extent agreed in the Contract. The client shall indemnify Genius Partner against all claims of third parties which the latter assert against Genius Partner due to the client exceeding the rights of use granted to the client.
2.3 The client shall be responsible to provide Genius Partner with the information required for delivering the services at the latest at the time specified in the Contract.
3. Prices and Payments
3.1 The remunerations for the services are laid down in the Contract (plus the applicable statutory value added tax).
3.2 If the client is in arrears with a remuneration more than one month, Genius Partner shall be entitled to refuse its services until the outstanding amount has been paid in full. The client’s payment obligation shall remain unaffected by this. Genius Partner shall also be entitled to perform further services only against advance payment of agreed remuneration.
4.1 Genius Partner does not provide any warranty or assurance, either expressly or implicitly, with respect to the quality of the services under the Contract, or their suitability for a particular purpose. Genius Partner does not provide any guarantee and does not give any assurance that the services meet the requirements of the client or that they are error-free and complete (esp. in the case of research for third-party rights such as trademark rights).
4.2 Genius Partner shall be liable without limitation for damages arising from injury to life, body or health, guarantees for the quality of the subject matter of the contract, fraudulent concealment of defects and claims under the Product Liability Act as well as for damages caused intentionally or by gross negligence.
4.3 Without prejudice to clause 4.2, Genius Partner shall only be liable for slight negligence if it breaches a contractual obligation the fulfillment of which is a prerequisite for the proper performance of the contract and/or the breach of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which the Customer may regularly rely (so-called cardinal obligations).
4.4 Liability for slightly negligent breaches of cardinal obligations pursuant to Section 4.3 shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. In all other cases, the liability of Genius Partner for slight negligence shall be excluded.
4.5 Notwithstanding the above liability provisions, Genius Partner shall only be liable for the loss of data up to the amount that would have been incurred to restore the data if the data had been properly and regularly backed up.
4.6 The above liability provisions shall apply accordingly to legal representatives and vicarious agents of Genius Partner.
5 Confidentiality, data protection
5.1 The client undertakes to treat all information regarding Genius Partner and all data and information in connection with the performance of the Contract as confidential. Excluded from this obligation shall be such confidential information
– which provably was already known to the recipient at the time of the conclusion of a Contract or which subsequently becomes known to the recipient through a third party without violating a confidentiality agreement, statutory provisions or official orders;
– which are in the pubic domain at the time of conclusion of a Contract or are made public thereafter, insofar as publication is not based on a violation of these General Terms and Conditions;
– which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the recipient obligated to disclose shall inform the other party in advance and give it the opportunity to take action against the disclosure.
5.2 It is pointed out to the client that Genius Partner stores and processes personal data for the performance of the Contract only for the purpose and to the extent required for the processing and execution of the client’s order.
Genius Partner shall use the client’s e-mail address, irrespective of the execution of the Contract, exclusively for its own advertising purposes for the dispatch of its newsletter.
6. Amendments to the General Terms and Conditions
Amendments to these General Terms and Conditions by Genius Partner shall be communicated to the client in writing. If the client does not reject the amendments in writing within one month of notification, they shall be deemed accepted. Genius Partner shall expressly draw the client’s attention to this legal consequence when notifying the amendments.
7.1 The client may transfer rights and obligations arising from or in connection with the Contract to third parties only with the written consent of Genius Partners.
7.2 These General Terms and Conditions and the respective contractual relationship shall be governed by and construed exclusively in accordance with the laws of the Federal Republic of Germany.
7.3. If the Customer is an entrepreneur, Munich shall be the exclusive place of jurisdiction for any disputes arising from a Contract.
7.4 Amendments, supplements and additions to these General Terms and Conditions must be made in writing with express reference to these General Terms and Conditions. The requirement of the written form can itself only be waived in writing.
7.5 The contractual language shall be German; this shall also apply to these General Terms and Conditions. In case of contradictions between the German and the English version, the German version shall prevail.
7.6 The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the other provisions of these General Terms and Conditions. In this case, Genius Partner and the client undertake to conclude an agreement which comes closest to the invalid provision from a commercial point of view.