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Auvelle

Terms & Conditions

§ 1 Scope

(1) These General Terms and Conditions (“Terms”) apply to all contracts between Auvelle, owner Fedai Polat, Lange Furche 23, 72072 Tübingen, Germany (“Auvelle”, “we” or “us”) and the client concerning the provision of services in the field of conception, design, development and support of online academies and related digital services.

(2) Deviating, conflicting or supplementary terms of the client only become part of the contract if we have expressly agreed to their validity in text form.

§ 2 Subject matter and services

(1) The subject of the contract is the service specifically described in the respective offer or order confirmation, in particular the creation and set-up of an individual online academy, the design of content and, where applicable, its ongoing support.

(2) The nature and scope of the services are determined by the individual service description in the offer. A free design preview (“Preview”) is non-binding, does not give rise to any claim for the provision of further services and does not constitute a binding offer.

§ 3 Conclusion of contract

(1) The presentation of our services on the website does not constitute a binding offer, but an invitation to submit an enquiry.

(2) By submitting an enquiry via our contact or booking form, the client does not yet make a binding contractual offer. A contract is only concluded through an individual offer prepared by us and its acceptance by the client (in text form, e.g. by email) or through our order confirmation.

§ 4 Prices and payment terms

(1) The prices stated in the respective offer apply. All stated prices are final; no value-added tax is shown.

(2) Unless otherwise agreed, invoices are due for payment without deduction within 14 days of receipt. For extensive projects, partial or advance payments are permissible by separate agreement.

§ 5 Client's duties to cooperate

(1) The client provides us with all content, information and access (e.g. texts, images, logos, login details) required for the provision of services in good time and in a suitable form.

(2) The client warrants that they hold the necessary rights to all materials provided and that their use does not infringe the rights of third parties. In this respect, the client indemnifies us against justified claims by third parties.

§ 6 Provision of services and deadlines

Stated dates and deadlines are only binding if they have been expressly agreed as binding. Delays caused by the client's late or incomplete cooperation extend agreed deadlines accordingly.

§ 7 Rights of use

(1) Upon full payment of the agreed remuneration, we grant the client the simple rights of use to the work results created by us that are necessary for the contractually intended purpose.

(2) Templates, frameworks and libraries used by us, as well as our know-how, remain with us. Rights to third-party content and materials are governed by their respective licence terms.

§ 8 Warranty

We provide our services with due care in accordance with the current state of the art. In the event of defects, we are first entitled to subsequent performance. Obvious defects must be reported to us in text form within a reasonable period. In all other respects, the statutory provisions apply.

§ 9 Liability

(1) We are liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health.

(2) In the case of simple negligence, we are only liable for the breach of an essential contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract.

(3) Any further liability is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 10 Confidentiality

Both parties treat confidential information of the other party as confidential and use it exclusively for the purposes of the contract.

§ 11 Term and termination

For ongoing support or maintenance services, the term is governed by the individual agreement. The right to extraordinary termination for good cause remains unaffected. Terminations must be made in text form.

§ 12 Right of withdrawal for consumers

Consumers within the meaning of § 13 of the German Civil Code (BGB) have a statutory right of withdrawal for distance contracts and contracts concluded away from business premises.

Instructions on withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Auvelle, owner Fedai Polat, Lange Furche 23, 72072 Tübingen, Germany, email: hello@auvelle.beauty) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal: If you withdraw from this contract, we must repay all payments we have received from you without delay and no later than within fourteen days from the day on which we receive notification of your withdrawal from this contract.

Early expiry: The right of withdrawal expires in the case of a contract for the provision of services if we have fully performed the service and only began performance after you gave your express consent and at the same time confirmed your acknowledgement that you lose your right of withdrawal upon full performance of the contract by us.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.

(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered place of business.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.