Terms and Conditions

Revolte Group Terms and Conditions of Delivery and Payment

All agreements and offers are based on the terms and conditions (hereinafter referred to as GTC) of Revolte GmbH, Revolte Digital GmbH and Revolte Prime GmbH (hereinafter referred to as the Revolte Group). They are deemed to be accepted when an order is placed or a delivery is accepted. Any deviating terms and conditions of the purchaser (hereinafter referred to as the client) that are not expressly accepted in writing by the Revolte Group are not binding on the Revolte Group, even if the Revolte Group does not expressly object to them.

1. Placing and acceptance of orders

By placing an order with the Revolte Group, regardless of the form in which this is done, the customer accepts these General Terms and Conditions for the duration of the entire business relationship. Amendments, supplements and subsidiary agreements, as well as acceptance of the customer's terms and conditions of purchase and/or payment, must be made in writing to be effective. The written form requirement also applies to any waiver of this form requirement. Upon acceptance of the order by the Revolte Group, a contract for the use of our services is concluded.

2. Price quotation

Price quotations are given exclusively in euros and, unless otherwise stated, are net prices (prices excluding value added tax); they only become binding upon confirmation of the order by the Revolte Group.

3. Due date of remuneration

Remuneration is due upon delivery. It is payable without deduction. A discount is only granted if this has been expressly stated. If the ordered work is accepted in parts, a corresponding partial fee is due upon acceptance of each part. If an order extends over a longer period of time or requires high financial advance payments from the Revolte Group, appropriate instalment payments shall be made, namely 1/3 of the total remuneration upon placement of the order and 1/3 upon completion of 50% of the work. However, the remuneration is due six months after the order is placed, regardless of completion, provided that the work has not been completed solely through the fault of the Revolte Group. If, upon completion or after the acceptance obligation has arisen, no shipping instructions have been received from the client or if the goods are stored at the Revolte Group, the invoice shall be issued on the date of completion of the goods. The payment terms shall commence on the invoice date. Advance payment may be required for new connections. If the Revolte Group provides large quantities of paper and cardboard or special materials, it shall be entitled to demand immediate payment for these. The client may only offset undisputed or legally established claims against claims of the Revolte Group. The client is only entitled to assert a right of retention on the basis of counterclaims arising from the same legal relationship. Revolte Group is entitled to default interest within the statutory framework. This does not exclude the assertion of further damages caused by default. In the case of bank transfers and cheques, the date on which Revolte Group receives the credit notification is deemed to be the date of receipt of payment. If a significant deterioration in the client's financial circumstances becomes known or if the client defaults on a payment, the Revolte Group shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due, or the current account balance, as well as to demand cash payments for cheques not yet due and the equivalent value for orders still in progress. Similarly, Revolte Group shall be entitled to suspend further work on the client's current orders. If the above terms of payment are amended in favour of the client, the client shall bear all credit and other costs.

4. Retention of title

Only rights of use are granted for drafts and working drawings, but not rights of ownership. The delivered goods remain the property of the agency until all claims have been paid in full or the cheques given for them have been cashed. In the case of current accounts, the retained title serves as security for the current account claim. The goods subject to retention of title may not be pledged or transferred as security without the consent of the Revolte Group before full payment or before the cheques given for them have been cashed. The client is only entitled and authorised to resell the goods subject to retention of title on condition that the purchase price claim from the resale is transferred to the Revolte Group. The client's claims from the resale of the goods subject to retention of title are hereby assigned to the Revolte Group, which hereby accepts this assignment. A lien is established on all raw materials of any kind handed over by the client with regard to all claims of the Revolte Group upon handover.

5. Special provisions for website design/internet services

Our services in this area include the creation and testing of the customer's websites with all necessary activities, the provision of storage space, registration with search engines, the transfer of the pages to the appropriate server on which the customer has storage space, and the maintenance of the customer's websites. In addition, we offer continuous search engine optimisation, search engine marketing and general internet marketing as required.

The websites are created by the Revolte Group in accordance with the customer's wishes and the Revolte Group's recommendations, which can be changed at any time during the contractual relationship with the corresponding surcharges for changes. After termination of the contractual relationship upon receipt of payment and handover of the pages to the customer, the Revolte Group does not guarantee against errors caused by interventions by the customer or by third parties. Upon receipt of the homepage, the customer must ensure that the pages created by Revolte GmbH function under the previously specified test conditions. The customer can only extend the Revolte Group's liability for the pages created by concluding a maintenance contract with the Revolte Group. However, the Revolte Group does not guarantee the completeness of the data or that the service will satisfy a specific purpose pursued by the customer. The Revolte Group endeavours to fulfil the customer's order as quickly as possible. However, there is no deadline for completion unless this has been agreed in writing in advance. The Revolte Group is therefore not liable for any losses incurred by the customer as a result of delays in fulfilling the order. Even in the case of binding deadlines, the Revolte Group shall not be responsible for any delay in the provision of services due to force majeure or events that make it significantly more difficult or impossible for Revolte GmbH to provide the service. The Revolte Group shall then be entitled to postpone the service for the duration of the hindrance, plus a reasonable start-up period.

The customer indemnifies the Revolte Group against all claims by third parties with regard to the data provided. The customer is obliged to observe the copyright and rights of third parties with regard to the data provided to us and must have permission to publish and/or modify this data. The customer is obliged to make backup copies of all data that they send to us, regardless of the form. The Revolte Group is not liable for the loss or alteration of data. Use of the Revolte Group's services for pornographic or other criminal content is prohibited. Due to our tight pricing structure, we are unable to conduct a detailed individual review of whether third-party claims are justified or unjustified. The same applies if content could violate the applicable law of the Federal Republic of Germany or the USA according to general legal principles. The customer is responsible for providing the necessary evidence that the content is actually harmless. For all matters relating to the provision of storage space and domain names (web hosting), we refer to the terms and conditions of the respective web host/provider.

Registration with search engines is carried out by the Revolte Group to the best of its ability. However, we do not guarantee the success of the registration.

The Revolte Group is liable, if commissioned, for ensuring that the customer's data is transferred correctly to the server of their choice. The customer must verify this after completion. The Revolte Group accepts no liability for any changes subsequently made by the customer themselves or by third parties. If the customer already has storage space and/or online access with another provider before the start of the contract, they are solely responsible for checking whether the corresponding use (e.g. for commercial activities) is lawful with the respective provider. The Revolte Group cannot be held responsible for unauthorised use. If the customer concludes a maintenance contract with the Revolte Group, the latter is responsible for checking and updating the customer's pages at appropriate intervals and, if necessary, rectifying any malfunctions. During the term of the contract, the customer is responsible for ensuring that no changes are made by third parties to the pages listed in the maintenance contract. Changes made by the customer themselves are possible at any time, provided they do not impair the functionality of the pages. However, they must be communicated to the Revolte Group.

The customer shall pay 50% of the order value to the Revolte Group upon placing the order.

6. Deliveries

apply ex works, unless otherwise agreed. Shipping is at the expense and risk of the client. Unless the client gives specific instructions, the Revolte Group is not responsible for the cheapest and fastest shipping. Transport insurance is only taken out by the Revolte Group at the express instruction and expense of the client.

7. Delivery time

If no delivery dates have been agreed, but a delivery time measured according to specific periods has been agreed, the delivery time shall commence on the day the order confirmation is dispatched; it shall end on the day on which the goods leave the delivery plant or are stored due to impossibility of dispatch. The delivery period shall be interrupted for the duration of the client's review of the test prints, proofs, production samples, etc., from the date of dispatch to the client until the date of receipt of the client's comments. If, after confirmation of the order, the customer requests changes to the order which affect the production time, the new delivery period shall commence only upon confirmation of the change. Operational disruptions – in our own company or in third-party companies on which production and transport depend – caused by war, strikes, lockouts, riots, coal or power shortages, failure of means of transport, work restrictions and all other cases of force majeure shall release us from compliance with the agreed delivery times and prices. Any exceeding of the delivery time caused by this does not entitle the client to withdraw from the order or to hold the Revolte Group responsible for any damage incurred.

8. Delayed delivery

In the event of a delay in delivery by the Revolte Group, the client shall in any case only be entitled to exercise its statutory rights after setting a reasonable grace period; compensation for lost profits or damages is excluded.

9. Delay in acceptance

If the client is in default of acceptance, the Revolte Group shall be entitled to the rights set out in § 326 BGB (German Civil Code). Instead, however, the Revolte Group shall also be entitled to withdraw from the contract only in part and to claim damages with regard to the other part. If the client does not accept the delivery within a reasonable period of time after completion or, in the case of notified shipment, does not accept it promptly, or if shipment is impossible for a longer period of time due to circumstances for which the Revolte Group is not responsible, the Revolte Group shall be entitled to either store the delivery itself at the expense and risk of the client or to store it with a forwarding agent.

10. Complaints

are only permissible within one week of receipt of the goods. The client's obligation to inspect the delivered goods also applies if samples have been sent. Defects in part of the delivery cannot lead to a complaint about the entire delivery. Only a reduction in price can be demanded, but not rescission or compensation. The Revolte Group has the right to repair or replace the goods. Deviations in the quality of the paper, cardboard and other materials procured by the Revolte Group cannot be objected to if they are declared permissible in the delivery conditions of the paper and cardboard industry or the other relevant supply industry, which are available to the client on request, or if they are due to differences between the print and the print run caused by printing technology. The Revolte Group shall only be liable for light fastness, variability and deviations in colours and bronzes, as well as for the quality of the gumming, varnishing, impregnation, etc., to the extent that defects in the materials were apparent during proper inspection prior to their use. For work carried out by a third party, the delivery conditions of the relevant industry shall apply, which are available to the client upon request. Liability for negligence on the part of personnel shall also be limited to § 831 BGB (German Civil Code) within contracts.

11. Materials procured and provided by the client

of any kind whatsoever shall be delivered free of charge to the Revolte Group. Receipt shall be confirmed without any guarantee being given as to the accuracy of the quantity stated as delivered. In the case of larger items, the costs associated with counting or weight checking as well as storage costs shall be reimbursed. If the client provides paper and cardboard, the packaging material and waste resulting from unavoidable losses during printing preparations and production, trimming, punching and the like shall remain the property of the agency. If the client provides the Revolte Group with materials of any kind, the work necessary for production shall be invoiced. The client shall ensure that the content provided by him is free of third-party rights and that its publication does not violate applicable law in any way. The content provided also includes content and sources recommended or suggested by the client to the Revolte Group with regard to the performance of its tasks. The client indemnifies the Revolte Group against all claims and damages suffered by the Revolte Group as a result of legal violations attributable to the client. This applies in particular if the Revolte Group has acted at the express request of the client, even though it has communicated its concerns regarding the admissibility of the advertising measures to the client.

12. Use of third-party services and tools

The following provisions apply to the use of third-party services and tools (hereinafter collectively referred to as "third-party services") by the Revolte Group in the context of the performance of services for the client. Third-party services are defined as services procured from third parties on behalf of or on the instructions of the client, such as rights of use for online platforms, analysis and marketing tools, stock images or open source software. If material defects or defects of title are based on the faulty performance of a third party and if the third party is not acting as a vicarious agent of the Revolte Group, but rather the Revolte Group is merely passing on a third-party service to the client in a manner recognisable to the client, the client's claims for defects shall be limited to the assignment of the Revolte Group's claims for defects against the third party. The Revolte Group shall be liable for the defect itself if the cause of the defect was set by the Revolte Group, i.e. the defect is based on an improper modification, integration or other treatment of the services of third parties for which the Revolte Group is responsible. The Revolte Group shall not be responsible if the services of third parties are restricted or discontinued altogether by the third party. If the third party introduces a fee for the provision of third-party services, the Revolte Group shall be entitled to adjust the remuneration agreed with the client accordingly, provided that the client wishes to continue using the third-party services after consultation and the remuneration would be borne by the Revolte Group.

13. Legal requirements and legal obligations to cooperate

The services provided by the Revolte Group do not include legal review or legal advice (e.g. in relation to trademark law, copyright law, data protection law or competition law) or the fulfilment of the client's legal information obligations (e.g. provider identification, data protection declaration, consumer information for distance selling contracts, etc.). If the client has justified doubts about the legal admissibility of a measure, the Revolte Group may demand its approval and postpone the implementation of the measure until such time as approval has been granted. If the Revolte Group considers a legal review by a particularly knowledgeable person or institution to be necessary for the measures to be carried out, the client shall bear the costs after consultation.

14. Conduct of third parties

The client acknowledges that the behaviour of third parties in online media is difficult to predict and that the Revolte Group is not responsible for the behaviour of third parties (e.g. negative comments, protests, etc.). This does not apply if the Revolte Group has culpably provoked such behaviour. The Revolte Group's responsibility shall be determined on the basis of industry standards of conduct and reasonably expected patterns of behaviour of third parties. The Revolte Group shall inform the client as soon as, in its professional opinion, the behaviour of third parties reaches a level that could cause lasting damage to the client's reputation or sales promotion. If there are concrete doubts about the legal admissibility of third-party content or reason to assume possible damage to the client, the Revolte Group is entitled to remove this content (e.g. delete comments) or block users.

15. Packaging

made of paper or cardboard is charged at cost price plus VAT and cannot be returned.

16. Sketches, drafts, test prints and samples

The submission of drafts, test prints, samples, sketches and all other activities performed by the Revolte Group for the client are subject to a fee, unless expressly agreed otherwise.

17. Copyright and rights of use for design services

Every order placed with Vogeldesign GmbH is a copyright contract aimed at granting rights of use to its work. The provisions of Sections 2 and 31 of the German Copyright Act (UrhG) in conjunction with the provisions on contracts for work and services in the German Civil Code (BGB) apply. The designs and working drawings of Vogeldesign GmbH are subject to copyright law as personal intellectual creations. The provisions of copyright law also apply if the level of creativity required under Section 2 UrhG is not achieved. The designs and work drawings, including the copyright notice, may not be altered either in the original or in reproduction. Any imitation – including parts or details – is prohibited. The works may only be used for the agreed type of use and the agreed purpose to the agreed extent. Any other or further use is only permitted with the consent of Vogeldesign GmbH and after agreement of an additional usage fee. Upon payment of the usage fee, the client acquires the right to use the work within the agreed scope. In doing so, Vogeldesign GmbH generally grants the client the exclusive right of use in accordance with Section 31 (3) of the German Copyright Act (UrhG). Suggestions made by the client or other forms of cooperation on their part shall have no influence on the amount of remuneration. They shall not give rise to any co-copyright unless this has been expressly agreed.

18. Storage

The Revolte Group will store all digital data for a period of two years. The data is used exclusively for further processing by the agency. However, liability for the accuracy and legibility of the data is excluded.

19. Liability

By approving drafts, final artwork or working drawings, the client assumes responsibility for the accuracy of images and text. No liability is accepted for drafts, final artwork or working drawings approved by the client. The Revolte Group is not liable for the admissibility and registrability of the designs under competition or trademark law. The Revolte Group undertakes to carry out the work entrusted to it with professional and commercial diligence to the best of its knowledge and in accordance with the generally accepted principles of advertising. It shall inform the client in good time of any significant risks that are recognisable to a prudent advertising professional. The Revolte Group shall be liable without limitation for damage caused intentionally or through negligence resulting from injury to life, limb or health by the Revolte Group, its legal representatives or vicarious agents. The Revolte Group shall be liable without limitation for damage caused intentionally or through gross negligence by the Revolte Group, its legal representatives or executive employees, as well as for damage caused intentionally by other vicarious agents. The Revolte Group shall be liable for damages due to the absence of warranted characteristics up to the amount covered by the purpose of the warranty and which was recognisable to the Revolte Group when the warranty was given. The Revolte Group shall be liable for product liability damages in accordance with the provisions of the Product Liability Act.

20. Insurance

If the manuscripts, originals, papers, stored printed matter or other items brought to the Revolte Group are to be insured against theft, fire, water or any other risk, the client must arrange the insurance himself. Otherwise, only the usual care can be expected.

21. Typographical errors

shall be corrected free of charge; however, the Revolte Group shall charge for any changes that are not its fault but are necessary due to the illegibility of the manuscript or deviations from the print template, in particular corrections made by the customer and author, according to the working time spent on them. The latest edition of Duden is authoritative for spelling. Changes to drafts and other additional services will be charged separately according to the time required. Any incidental costs incurred in connection with this work (e.g. model fees, travel expenses, reproductions, print templates, etc.) will be charged as net amounts plus VAT at the time they are incurred.

22. Proofs

and press proofs must be checked by the client for typographical and other errors and returned to the Revolte Group as ready for printing. The Revolte Group is not liable for errors overlooked by the client. Changes made by telephone must be confirmed in writing. In the case of smaller print jobs and typeset manuscripts, the Revolte Group is not obliged to send the client a proof. If the sending of a proof is not requested, liability for typesetting errors is limited to gross negligence. In the event of changes after approval for printing, all expenses, including the costs of machine downtime, shall be borne by the client. In the case of colour reproductions in all printing processes, minor deviations from the original shall not be considered a valid reason for a complaint. The same applies to comparisons between any proofs and the final print run.

23. Over- or under-delivery

In general, the full specified print run is delivered. The client is obliged to accept an over- or under-delivery of up to 5% of the ordered print run. The percentage increases to 10% for colour or particularly difficult prints and to 20% for continuous prints. In addition, the percentages for over- or under-delivery increase by the tolerance rates if the paper was procured by the Revolte Group on the basis of the delivery conditions of the paper manufacturing trade associations.

24. Verbal agreements and individual agreements

must be confirmed in writing to be binding.

25. Place of performance and jurisdiction

For all claims and legal disputes arising from the contractual relationship, including bill of exchange and document proceedings, Chemnitz shall be the exclusive place of jurisdiction for both parties, insofar as they are merchants.