General terms and conditions (T&Cs) for Graphic Design and Digital Products
1. Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between SpiTFireFX Studios AG and the customer in the area of graphic design and digital products, in the version valid at the time the contract is concluded.
2. Conclusion of Contract
2.1 The presentation of services and digital products on the Provider's website does not constitute a legally binding offer, but rather an invitation to place an order.
2.2 By submitting an order via the website or by email, the Customer submits a binding offer to conclude a contract.
2.3 The contract is concluded when the Provider accepts the Customer's order by sending an order confirmation via PDF.
3. Services and delivery
3.1 SpiTFireFX Studios AG provides graphic design services as well as the creation and delivery of digital products in accordance with the agreed specifications.
3.2 The customer shall provide the provider with all necessary information and materials required to provide the service.
3.3 Delivery dates are only binding if expressly agreed in writing.
4. Prices and payment terms
4.1 All prices quoted are final prices and include statutory VAT or digital tax.
4.2 Payment is made via [payment methods, e.g., credit card, PayPal, bank transfer].
4.3 Payment is due before the service commences after invoicing. [Prepayment]
5. Rights of use
5.1 Upon full payment of the agreed fee, the customer receives the non-exclusive rights of use to the created design services and digital products.
5.2 Any further use, in particular the transfer to third parties or commercial use, requires the licensed sale and consent of SpiTFireFX Studios AG.
6. Right of withdrawal and return
6.1 There is no right of withdrawal for digital products unless the digital content is delivered on a physical data carrier and the customer has expressly agreed that the provider may begin executing the contract before the expiration of the withdrawal period, and the customer has confirmed their knowledge that by giving their consent, they will lose their right of withdrawal upon commencement of the contract's execution.
6.2 For graphic design services, the statutory provisions regarding the right of withdrawal apply.
7. Warranty and liability
7.1 The statutory warranty rights apply.
7.2 SpiTFireFX Studios AG is fully liable in accordance with the statutory provisions for damages resulting from injury to life, body, or health resulting from an intentional or negligent breach of duty by the provider, its legal representatives, or vicarious agents.
7.3 SpiTFireFX Studios AG is only liable for other damages if these are due to an intentional or grossly negligent breach of duty or fraudulent intent on the part of the provider, its legal representatives, or vicarious agents.
8. Data Protection
8.1 The Provider processes the Customer's personal data for specific purposes and in accordance with legal provisions.
8.2 The personal data provided for the purpose of ordering services and digital products (such as name, email address, address, payment details) will be used by the Provider to fulfill and process the contract. This data will be treated confidentially by the Provider and will not be shared with third parties not involved in the ordering, delivery, and payment process.
9. Final Provisions
9.1 Contracts between SpiTFireFX Studios AG and the customer are governed by the law of [country, e.g., the Federal Republic of Germany], excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
9.3 The contract remains binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions, if applicable, shall be replaced by the statutory provisions.