General terms and conditions of business
Terms and Conditions (T&C)
of WerbeArtPro GmbH
1. Scope of Application
1.1 These Terms and Conditions apply to all contracts concluded between
WerbeArtPro GmbH, Düsseldorfer Straße 226, 45481 Mülheim an der Ruhr, Germany
(“Provider”) and its commercial customers (“Customer”) for the provision of social‑media management, digital‑marketing, content‑creation, consulting and related services.
1.2 Conflicting or deviating terms and conditions of the Customer shall only become part of the contract if the Provider expressly agrees to their validity in writing.
2. Subject Matter of the Contract
2.1 The Provider delivers the marketing, creative and consulting services specified in the respective offer, presentation or individual agreement.
2.2 The precise scope of services is exclusively set out in the accepted offer or individually executed contract.
3. Conclusion of Contract
3.1 The services presented on the Provider’s website are non‑binding and constitute an invitation for the Customer to submit an offer.
3.2 By placing an order, the Customer submits a binding offer to conclude a contract under the conditions stated in the order.
3.3 The Provider confirms receipt of the order by e‑mail. The contract is formed only when the Provider expressly accepts the order or begins to perform the services.
4. Prices and Terms of Payment
4.1 All prices are net prices plus the statutory value‑added tax (VAT), unless indicated otherwise.
4.2 Unless agreed otherwise, payment is made by bank transfer to the account specified in the invoice.
4.3 Invoices are payable without deduction within 14 calendar days from the invoice date.
4.4 In the event of late payment, the Provider may charge default interest at nine (9) percentage points above the applicable base interest rate (§ 288 para. 2 German Civil Code). Further claims remain unaffected.
5. Performance of Services
5.1 Services are rendered in accordance with the respective contract.
5.2 Performance starts on the agreed date, provided all requisite Customer obligations (e.g. supply of information) have been fulfilled.
5.3 Deadlines for deliverables are non‑binding unless expressly designated as binding in writing.
6. Retention of Title / Rights of Use
6.1 Until full payment has been received, all concepts, files, materials and results remain the property of the Provider. Usage rights are transferred to the Customer only after full payment and solely to the extent stipulated in the contract.
7. Warranty and Liability
7.1 Statutory warranty provisions apply.
7.2 The Provider is liable for damages only in cases of intent or gross negligence; in cases of slight negligence only for the breach of essential contractual obligations (cardinal obligations) and limited to foreseeable, typical damage.
7.3 Liability for lost profits, missed savings or other indirect or consequential damages is excluded to the extent permitted by law.
8. Data Protection
8.1 The Provider processes personal data in compliance with the GDPR and its privacy notice published on the website.
8.2 The Customer confirms that it has read the privacy notice and, where required, consents to the described processing.
9. Right of Withdrawal
9.1 If a contract is concluded solely by means of distance communication and the Customer is a consumer, statutory withdrawal rights apply. Since the Provider contracts exclusively with business clients, a right of withdrawal generally does not arise.
10. Jurisdiction and Applicable Law
10.1 These T&C and all contracts are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The exclusive place of jurisdiction for all disputes is the Provider’s registered office, provided this is legally permissible.
11. Final Provisions
11.1 If any provision of these T&C is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
11.2 Amendments or additions to the contract must be made in writing; this also applies to any waiver of the written‑form requirement.
Version: April 2025
