General Terms and Conditions (GTC) of Welscher Publishing GmbH, Brückenstraße 2, 10179 Berlin (hereinafter: Welscher Publishing) towards entrepreneurs.

§ 1 Scope
(1) If you (hereinafter: “customer”) receive newsletters/mailings from Welscher Publishing (Brückenstraße 2, 10179 Berlin)
– and/or use services
– and/or enter into consulting/coaching contracts
– and/or book seminars/events with us,
we agree that these General Terms and Conditions (GTC) will apply exclusively. We do not permit the use of our offers without prior acceptance of our GTC. They also apply to all future deliveries, services or offers to the client, even if they are not agreed again separately.

(2) Before using our services, you confirm that you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and that you are using our services or entering into contracts with us in this regard solely for the purpose of setting up or expanding your (secondary) commercial activity or freelance activity.

(3) All agreements made between you and us in connection with the respective contract arise from these terms and conditions and from individual agreement with you.

(4) The version of our General Terms and Conditions valid before you use our services shall be decisive.

(5) We do not accept any deviating terms and conditions from the customer. This also applies if we do not expressly object to their inclusion.

(6) Terms and conditions of the customer or third parties do not apply, even if Welscher Publishing does not specifically object to their validity in individual cases. Even if Welscher Publishing refers to a letter or email that contains or refers to terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.

§ 2 Subject of the contract
(1) Welscher Publishing provides individual consulting and agency services in the marketing of entrepreneurs with a special focus on personal branding and brand building. The offer also includes the creation of software, in particular websites for companies including conception and implementation including advertising texts, graphics and sales-optimized structure.

(2) Unless expressly agreed otherwise in writing, we are not obliged to provide a work in this respect either. In particular, we can only predict the success of certain advertising measures based on experience. The customer is aware that we are not obliged to achieve such success. If separate remuneration is agreed for achieving a certain success of an advertising measure, this will be paid as a success-related bonus. However, there is in principle no entitlement to achieving a specific success. The customer also has no entitlement to achieving a certain media reach. Any media data published by Welscher Publishing is not binding.

(3) The customer must always provide the cooperation required of him in full and on time upon first request from Welscher Publishing. If the customer fails to provide cooperation and thereby prevents Welscher Publishing from providing the service, Welscher Publishing's claim to remuneration remains unaffected.

(4) With regard to the services to be provided by Welscher Publishing to the customer, Welscher Publishing shall have a right to determine the performance in accordance with Section 315 of the German Civil Code (BGB).

(5) Welscher Publishing is entitled to have services owed to the customer performed by subcontractors, vicarious agents and third parties.

(6) Deadlines for the provision of services promised by Welscher Publishing are not binding and are always subject to sufficient cooperation on the part of the customer.

§ 3 Conclusion of contract
(1) The presentation and advertising of our services on our websites, brochures or within advertisements (for example on Facebook) does not constitute a binding offer to conclude a contract with us.

(2) The contract between us and the customer can be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer has no right to receive the contract contents from us again in written form, unless otherwise agreed.

(3) Contracts between us and the customer are concluded by telephone through mutual declarations of intent. The customer agrees that we may record the telephone call with him and/or the respective video chat for evidence and documentation purposes.

(4) We will immediately confirm receipt of your orders and requests placed via our websites/video chat by email. Such an email does not constitute a binding acceptance of the order unless it also declares acceptance in addition to confirmation of receipt. This is particularly the case if you are granted immediate access to your order (for example by accessing the password-protected participant platform).

(5) If the provision of the services you have ordered is not possible, for example for technical reasons, we will refrain from accepting the offer. In this case, no contract will be concluded. We will inform you of this immediately and, if applicable, immediately refund any consideration already received.

§ 4 Services requiring acceptance
(1) The services provided by Welscher Publishing are generally subject to service contract law. If an agreed service is subject to contract for work and services law by law and therefore requires acceptance, the following paragraphs 2-7 apply only in relation to these services.

(2) Welscher Publishing may require the Customer to accept each partial service after completion of the respective partial service and, after all adaptation services have been carried out, to accept all services in total.

(3) In the event of a significant defect, Welscher Publishing is entitled to make two improvements within a reasonable period of time to be set by the customer. The time required for this must be paid for separately by the customer at the usual market rate. Insignificant defects in the (partial) service do not preclude acceptance.

(4) If there is a dispute between the parties as to whether a work has a significant or insignificant defect, an expert publicly appointed by a Chamber of Commerce and Industry must be heard before legal proceedings are initiated. The customer is obliged to pay the appropriate remuneration of the expert to be called in advance. If the expert called in determines that there is a significant defect in the work, Welscher Publishing will reimburse the customer for the expenses incurred in this regard.

(5) The (partial) service to be accepted by Welscher Publishing shall also be deemed to have been accepted if the customer does not declare in writing within 7 working days of Welscher Publishing’s request to accept the respective (partial) service.

(6) The customer shall not be entitled to any further claims, in particular for reimbursement of the necessary expenses for the elimination of defects, damages or reimbursement of wasted expenses.

(7) Unless the defects leading to the extraordinary termination of the contract constitute significant defects in the aforementioned sense, the customer shall have no right to claim reimbursement of any part of the remuneration.

§ 5 Payments, prices, conditions
(1) All prices quoted by us are net prices and are exclusive of statutory value added tax.

(2) Our services will be provided at the times specified in the main contract with the customer.

(3) Unless otherwise agreed with us, the customer is obliged to make advance payments. The agreed remuneration is due immediately upon conclusion of the contract.

(4) Any deadlines we have promised for the provision of services are not binding and are always subject to sufficient cooperation on the part of the customer.

(5) Die Aufrechnung mit Gegenforderungen ist wechselseitig nur zulässig, wenn der jeweils andere Vertragspartner die Aufrechnung anerkannt hat oder diese rechtskräftig festgestellt ist. Dasselbe gilt für die Ausübung eines Zurückbehaltungsrechts durch eine Vertragspartei.

§ 6 Termination, Term
(1) The contract is concluded for the term agreed in the respective main contract.

(2) Early/free termination rights of the customer within the contract term are excluded.

(3) In the event of early termination by the customer for good cause, our claim to compensation remains unaffected. The customer reserves the right to prove that we have suffered no or significantly less damage.

§ 7 Default / extraordinary termination
(1) Deadlines for the provision of services by Welscher Publishing do not begin until the invoice amount has been received in full by us and the data required for the services have been fully received by us as agreed or the necessary cooperation has been fully provided.

(2) If the customer is in arrears with payments due, we reserve the right not to carry out any further services until the outstanding amount has been settled.

(3) If the customer is in arrears with a payment due to Welscher Publishing, Welscher Publishing reserves the right not to carry out any further services until the outstanding amount has been paid. If the customer is in arrears for more than 14 days, Welscher Publishing is entitled to terminate the contract without notice. We will claim the entire remuneration that is due until the next regular termination date as compensation. Any expenses saved must be deducted.

(4) If the customer is in arrears with a payment due to Welscher Publishing, Welscher Publishing reserves the right not to carry out any further services until the outstanding amount has been paid. If the customer is in arrears for more than 14 days, Welscher Publishing is entitled to terminate the contractual relationship without notice.

(5) If the customer is in arrears with at least two payments due to Welscher Publishing in the case of installment payments, Welscher Publishing is entitled to terminate the contract extraordinarily and to discontinue the services. Welscher Publishing will claim the entire remuneration that is due up to the next regular termination date as compensation.

§ 8 Conduct and consideration
(1) The customer must ensure that Welscher Publishing behaves in the usual manner of an honest businessman/entrepreneur. Welscher Publishing reserves the right to pursue any illegal and/or improper or unfounded statement about our company and our services, whether by customers, competitors or other third parties, in particular untrue factual allegations and defamatory criticism, under civil law and, in addition, to file criminal charges without prior notice.

(2) If the customer provides Welscher Publishing with false information (e.g. when publishing an advertorial with regard to their own business and financial circumstances, titles, training, etc.), Welscher Publishing is entitled to withdraw the respective publication in the respective medium without replacement. Welscher Publishing's claim to remuneration remains fully valid in this case. The customer shall indemnify Welscher Publishing against all claims by third parties that have arisen or will arise due to false factual statements upon first request.

(3) All content of the collaboration between Welscher Publishing and the customer is subject to mutual confidentiality and may not be disclosed to third parties. This does not include obligations to public authorities, authorities, courts and judicial bodies. The customer must oblige the third-party service providers/subcontractors involved accordingly. In the event of violations, an appropriate contractual penalty to be determined by Welscher Publishing on a case-by-case basis, but not more than EUR 15,000.00, shall be deemed to have been forfeited.

§ 9 Rights of use, third-party property rights
(1) The customer receives his own right to copy, distribute and make publicly available the respective commissioned work by Welscher Publishing upon request and after prior examination and approval by Welscher Publishing, in particular with regard to the intended use pursued by the customer. Welscher Publishing will only refuse a corresponding request from the customer if there is an important reason. If there is an important reason, Welscher Publishing is also entitled to revoke any approval granted in this regard.

(2) Paragraph 1 shall apply exclusively on the condition that the customer has paid Welscher Publishing the remuneration due under the main contract in full. This shall apply accordingly in the case of payment by installments.

(3) The passing on of work and performance results to third parties (including affiliated companies) is excluded. The same applies to processing in accordance with Section 23 of the Copyright Act.

(4) The customer guarantees that the work materials provided to Welscher Publishing (e.g. photos) are free of third-party rights or that the necessary approvals for the purposes of the main contract are available. The customer indemnifies Welscher Publishing against any claims by third parties in this regard.

(5) Welscher Publishing is granted a simple, temporally and spatially unlimited right of use to all work materials provided by the customer with a view to achieving the purpose of the contract.

§ 10 Right of withdrawal
We only enter into contracts with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). There is no right of withdrawal for contracts entered into with entrepreneurs by telephone.

§ 11 Liability
(1) Welscher Publishing is liable for damages - regardless of the legal basis - only for intent and gross negligence. In the case of simple negligence, Welscher Publishing is only liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.

(2) Within the limits of paragraph 1, Welscher Publishing is not liable for data and program losses. Liability for data loss is limited to the typical recovery costs that would have been incurred if backup copies had been made regularly and in accordance with the risks. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.

§12 Data protection, consent to data processing and contact
(1) The protection of personal data is our top priority. We therefore provide separate information in our data protection declaration about the collection, storage and processing of personal data as well as the rights of those affected in this regard. You confirm that you have read our data protection declaration before using our services and that you agree to it.

(2) You give your revocable consent to our company contacting you via remote communication means (e.g. email, SMS, telephone, messenger services). If you object to us contacting you, you must send us an email to: admin(at)welscher-publishing.com. In your objection email, you must state all contact options through which we are no longer permitted to contact you. Any incompleteness in this regard is not our responsibility. The decisive factor is the actual receipt of your email by us.

(3) You give your revocable consent to the storage and processing of all personal data you leave with us (e.g. application form: name, address, telephone number, email address, personal interests, financial circumstances, hobbies, personality questions). You give your revocable consent to the use of cookies within our services, to the evaluation, storage and merging of your user behavior and to the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies from non-EU/EEA countries). Paragraph 2 and Section 5 of our data protection policy apply to a revocation.

§ 13 Final provisions
(1) Deviations from these General Terms and Conditions are only valid if they have been agreed in writing. Individual agreements made with the customer in individual cases, including ancillary agreements, additions and changes, always take precedence over these General Terms and Conditions. A written contract or written confirmation from Welscher Publishing is decisive for the content of such agreements.

(2) The law of the Federal Republic of Germany applies exclusively. The place of performance is the registered office of Welscher Publishing. The exclusive commercial place of jurisdiction is Berlin.

(3) The courts in Berlin have exclusive jurisdiction for all disputes arising from the contractual relationship between us and the customer. However, we are entitled to assert our claims against the customer at the customer's general place of jurisdiction.

(4) The contract language is German.

Terms and Conditions as of: September 13, 2024 © – Reproduction prohibited.