General Terms and Conditions of ATELIER EK
01 Scope of These General Terms and Conditions (1) All deliveries, services, and offers of ATELIER EK are exclusively subject to these General Terms and Conditions. These are an integral part of all contracts concluded by ATELIER EK with its contracting partners (hereinafter referred to as customers or clients) regarding the deliveries and services it offers. They also apply to all future deliveries, services, or offers to the customer, even if they are not expressly agreed upon again.
(2) The offer of ATELIER EK is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
(3) The customer's or third parties’ general terms and conditions or purchasing conditions shall not apply, even if ATELIER EK does not explicitly object to their validity in individual cases. Even if ATELIER EK refers to a document containing or referring to the customer's or a third party's general terms and conditions, this does not constitute agreement to their validity.
02 Subject Matter of the Contract and Conclusion of the Contract
(1) ATELIER EK and its vicarious agents provide creative, manufacturing, and printing services for the customer following mutual agreement. Unless otherwise agreed, services are performed on an object provided by the customer (e.g., amusement ride, vehicle, trailer, sign). The customer must deliver the object in a condition suitable for processing. If ATELIER EK is not contractually responsible for preparing the surface, the customer must ensure it is rust-free, smooth, and primed. ATELIER EK does not guarantee the adhesion or quality of the paint if the customer carries out these preparatory actions themselves.
(2) ATELIER EK and its vicarious agents have artistic and journalistic creative freedom within the framework of the order. The works created by ATELIER EK or its agents are considered personal intellectual creations and are protected by copyright law, even if the required level of creativity under Section 2 UrhG is not met.
(3) The services are mainly performed manually. Initially, drafts are created to define the characteristics of the final service. However, these drafts are only approximate representations, particularly regarding color, contours, and sharpness, as technical limitations prevent them from matching the final result. Deviations may arise due to the structure and surface of the product and the manual application of colors. The depiction in the draft is not a guaranteed quality feature but an approximate description of the final work.
(4) The content of an approved draft is binding for the customer. Any desired or necessary changes during the execution of the order are only binding if expressly confirmed (contract amendment). Additional work shall be remunerated separately.
(5) ATELIER EK is free to engage third parties it deems suitable for service execution.
(6) ATELIER EK is entitled to order necessary external services in the name and for the account of the customer. The customer grants ATELIER EK the corresponding authorization. ATELIER EK assumes no liability for orders placed in the customer's name and account.
(7) All offers of ATELIER EK are non-binding and without obligation. If the contract is not concluded at ATELIER EK’s business premises, ATELIER EK will send an order form with the contractual content to the customer upon request. A contract is considered concluded when ATELIER EK receives the signed order form from the customer.
(8) If the client terminates the contract prematurely, ATELIER EK is entitled to the agreed remuneration but must account for any saved expenses or substitute orders undertaken or maliciously omitted (Section 649 BGB).
03 Information, Documents, Third-Party Rights
The client must provide ATELIER EK with timely and complete information and documents necessary for proper order execution. The client guarantees that no third-party rights conflict with the motifs, templates, sketches, photos, models, or other work materials used for order processing and later use. If in doubt, the client must research and acquire the necessary licenses before commissioning.
04 Additional Costs / Payment Terms / Default
(1) Unless otherwise agreed, the following shall be charged separately: object preparation, set construction, object construction, materials, final drawings, translations, travel expenses, procurement costs, technical costs (e.g., typesetting, interim photographs, prints, tooling costs), production of promotional materials, and services of third-party companies (e.g., vehicle construction, research, legal services).
(2) Payment, including the applicable VAT, is due immediately upon invoicing without deduction.
(3) ATELIER EK is entitled to demand appropriate advance or installment payments based on the proportion of services rendered to the total contractual scope. If a concept prepared by ATELIER EK and approved by the client is not implemented, ATELIER EK retains its claim to payment.
(4) In case of payment default, ATELIER EK may charge default interest of nine percentage points above the applicable base interest rate. The right to claim higher damages remains unaffected.
05 Usage and Other Rights
(1) ATELIER EK grants the client the necessary usage rights to the work results to the extent required for the agreed purpose. Unless otherwise agreed, only a simple (non-exclusive) usage right is granted. The usage rights remain with ATELIER EK until full payment is made.
(2) Drafts and final drawings may not be altered in any form without ATELIER EK’s explicit consent. Any imitation, including partial imitation, is prohibited.
(3) Client contributions or suggestions do not affect ATELIER EK’s entitlement to remuneration.
(4) Usage rights for rejected or unused drafts remain with ATELIER EK, even if they are not protected by specific legal rights.
06 Protectability and Legal Compliance
ATELIER EK assumes no responsibility for the registrability or protectability of its services, especially regarding trademark and design rights. ATELIER EK is not liable for compliance with trademark, copyright, or competition law and is not obligated to conduct legal reviews of its designs.
07 Liability and Indemnification
(1) ATELIER EK is liable for intent and negligence, including that of its legal representatives and agents. If no intent is attributable, liability is limited to foreseeable damages at the time of contract conclusion. Liability for negligent damages is further limited to a maximum of half of the agreed remuneration.
(2) Liability under the Product Liability Act remains unaffected.
(3) The customer is solely responsible for approved work. If the customer makes corrections, ATELIER EK’s liability ceases. The customer must ensure that the use of motifs, characters, persons, graphics, and texts complies with legal regulations and does not infringe third-party rights. The customer indemnifies ATELIER EK against all claims from third-party rights violations.
08 Completion Deadlines
(1) Completion deadlines are binding only if confirmed in writing. Fixed-date transactions require special agreements. The customer must grant ATELIER EK a four-week grace period in case of delays unless unreasonable in a specific case.
(2) The commencement of agreed deadlines requires the timely fulfillment of the customer's obligations, particularly providing necessary materials, approvals, and clarifications.
09 Reference and Advertising Rights
ATELIER EK is entitled to reference the contractual relationship in its advertising and use all resulting work for self-promotion. The customer expressly agrees to this procedure.
10 Final Provisions
(1) German law exclusively applies to this contract.
(2) If the customer is a merchant, a legal entity under public law, or a special public asset, the exclusive place of jurisdiction for all disputes related to ATELIER EK’s services is Lippstadt, North Rhine-Westphalia.
(3) If the contract or these General Terms and Conditions contain gaps, legally effective provisions shall be deemed agreed upon that best fulfill the contract’s economic objectives and purpose.
We hereby expressly acknowledge that we have read and understood the above General Terms and Conditions.
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