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Conditions

§1 General / Scope

                          

The following general terms and conditions apply to all offers, deliveries and services from "from Sophie with love", represented by Sophie Papendick (owner). The version current at the time the contract is concluded is decisive. The contractual partners are hereinafter referred to as customers, "from Sophie with love, Sophie Papendick" as wedding planners.

The following conditions are part of all contracts that are concluded between the customer and the wedding planner. These also apply to all future business relationships with the customer, even if they are not expressly agreed again. The customer's general terms and conditions, amendments to these terms and conditions and side agreements are only valid if the wedding planner has expressly agreed to them in writing.

 

§2 Offer / scope of services

 

Offers from the wedding planner to the customer are non-binding unless otherwise expressly agreed in writing. The contract is concluded by the customer's written confirmation of the offer. By accepting offers, the customer agrees in any case to these General Terms and Conditions.

 

The contractual agreement made with the customer in accordance with the offer and these General Terms and Conditions is exclusively decisive for the type and scope of the services to be provided by the wedding planner.  

 

Unless otherwise stated in the contract, the contractual relationship includes organizational services for an event or advice.

 

Changes to the contract or offer after the contract or offer has been signed are only valid if they are submitted in writing by both business partners.

 

§3 Prices  

 

The services to be provided by the wedding planner/speaker are charged at a flat rate or according to individual services, depending on the agreement.

Subsequent changes and additions requested by the customer, as well as additional services that only become apparent as necessary during the services carried out by the wedding planner, must be remunerated additionally. The prices do not include an ID card  Value added tax , since use is made of the small business regulation according to § 19 paragraph 1 UStG.

 

The wedding planner calculates during the complete planning  the services as a lump sum, based on the amount of work required to provide the service. The first conversation is always free of charge.

For all services to be provided by the wedding planner/speaker that go beyond those fixed in the contract, EUR 49.00 per hour will be charged. In the case of partial planning and individual services, services are contractually recorded. The effort is in hours  converted. The price of applies here as well  EUR 49.00 per hour.

§4 Terms of payment

 

The terms of payment specified in the contract apply. Unless otherwise agreed, the invoices of the wedding planner/wedding speaker are payable immediately after invoicing without deduction.  

 

Invoices are to be paid interest by the customer at 5.0% during a delay. If the customer is in arrears with payments and does not pay within a period set in the form of a written reminder, the wedding planner is entitled to withdraw from the contract immediately. In the event of this withdrawal, the customer is obliged to pay the wedding planner compensation for non-performance.

 

Offsetting by the customer with counterclaims is excluded, unless they have been legally established, recognized by the wedding planner or not disputed.

The customer is only entitled to assert a right of retention if his claim is based on the same contractual relationship.

 

§5 Termination and Withdrawal

 

If the implementation of the planned event becomes impossible for reasons of force majeure, i.e. an unforeseen extraordinary reason that cannot be influenced by either party, both contracting parties are entitled to withdraw. This must be done by means of a written declaration to the other party.

 

Furthermore, the termination of this contract for the parties for extraordinary reasons is legally permissible. Examples of such reasons are:

  • Failure to provide contractually owed services despite a written reminder and setting of a deadline

  • The opening of insolvency proceedings over the assets of the respective contractual partner

  • A serious breach of contract by the other party, which is not refrained from despite a written warning and thus makes further execution of the contract unreasonable

In any case, the termination must be made in writing to the other contracting party. Services that the wedding planner/wedding speaker has already provided by the time the notice of termination is received must be remunerated in accordance with the contract. Expenses that the wedding planner/wedding speaker has already incurred with regard to the event must also be reimbursed.

Covid 19 regulation
If the wedding is postponed due to Covid-19, an alternative date will be agreed in favor of all parties. The fee remains the same.
If no alternative date that is possible for both parties can be found, Ms. Papendick can assign her previous services to the bridal couple. In any case, at least the following cancellation costs are due based on the work done so far:
• Up to 6 months before the start of the event – 45% of the fee
• up to 4 months before the start of the event – 65% of the fee
• Up to 1 month before the start of the event – 85% of the fee

 

§6 Complaints and defects

 

Obvious defects must be reported to the wedding planner in writing by the customer immediately after the performance or delivery. This applies in particular to defective individual services in the overall service offered by the wedding planner. If the customer does not comply with his notification obligation in a timely manner and if defects due to the customer's behavior cannot be remedied in good time during or by the end of the event, no claims by the customer can be derived from these defects.

 

The customer initially has the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. However, the wedding planner is entitled to refuse the type of supplementary performance if this is associated with disproportionate costs and another type of supplementary performance remains without significant disadvantages for the client. During the supplementary performance, the customer cannot reduce the price or withdraw from the contract.

 

If the supplementary performance has failed after 2 unsuccessful attempts, the customer can choose to either reduce the price or withdraw from the contract. However, the customer may only withdraw from the overall contract if the wedding planner's breach of duty is significant. Furthermore, Section 5 of these General Terms and Conditions applies.

 

§7 Liability

 

The wedding planner is only liable - regardless of the legal reason - if the damage was caused by culpable violation of a contractual obligation (cardinal obligation) in a way that jeopardizes the achievement of the purpose of the contract or is due to gross negligence or intent.

 

The wedding planner is not liable for damage to the customer caused by his own contractual partners within the framework of the event to be organized. This also applies if the wedding planner has made organizational arrangements with the customer's contractual partners on behalf of the customer.

Furthermore, the wedding planner is not liable for the consequences of force majeure. This also applies to the occurrence of circumstances that make the event impossible but were not caused by the wedding planner or are otherwise responsible.

 

§8 Retention of title and right of use

 

The wedding planner retains ownership of the services provided and products delivered until all claims arising from the service contract have been paid in full, provided that these are to be transferred to the customer's property in accordance with the contract.

 

Rights of use of any kind to the concepts, texts, photographs, plans, programs, sketches, drafts and models created by the wedding planner in connection with the fulfillment of the order remain with the wedding planner, unless the parties expressly agree otherwise in writing.

 

The wedding planner is entitled to use texts, drafts, concepts, photos and delivered goods from the present fulfillment of the contract for the purpose of self-promotion and for reference purposes. Furthermore, the latter is entitled to take photos during the event and to use these for the purpose of self-promotion and for reference purposes.

 

§9 Severability Clause

 

Changes and additions to these conditions must be in writing. The same applies to this written form requirement. Should individual provisions of these conditions be or become invalid, the validity of the remaining conditions shall not be affected. The invalid provision is replaced by a replacement provision that comes as close as possible to the purpose of the invalid provision.

 

§10 Miscellaneous

 

The contractual agreements and the entire legal relationship between the parties are subject - regardless of the nationality of the customer    the law of the Federal Republic of Germany.

The place of jurisdiction for all legal disputes is the seat of the wedding planner

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