These General Terms and Conditions apply to all legal transactions, including future transactions, between 360 Business View GmbH and the contractual partner.
Any terms and conditions of the contractual partner that conflict with or deviate from or supplement these Terms and Conditions of Delivery and Payment shall only apply if they have been expressly recognized by us in writing.
The Contractor shall be liable in cases of intent or gross negligence on the part of the Contractor or a representative or vicarious agent and in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, however, the Contractor's liability shall be limited to the foreseeable damage typical of the contract, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph applies at the same time. Otherwise, the Contractor shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in sentence 1 or sentence 2 of this paragraph exists at the same time.
Liability for damages or reimbursement of expenses regardless of fault is excluded. In particular, the Contractor shall not be liable for technical errors on GoThru and Matterport or on the portals operated by Google or their websites.
The provisions of the above paragraphs shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort. They also apply to claims for compensation for futile expenses.
The above provision does not imply a change in the burden of proof to the detriment of the client.
The Client may only withdraw from the contract within the framework of the statutory provisions if the Contractor is responsible for the breach of duty. In the event of a breach of duty, the Client must declare within a reasonable period of time after being requested to do so by the Contractor whether it will withdraw from the contract due to the breach of duty or insist on performance. In the event of defects, the statutory provisions on withdrawal shall apply.
In the event of non-performance of the contract by the Client, the Contractor shall be entitled to demand EUR 190.00 net as compensation. The Client shall be entitled to prove that the Contractor has suffered no damage or significantly less damage. The Contractor shall be entitled to prove that higher damages have been incurred.
In the event of default of payment, the Contractor shall be entitled to demand reminder fees of EUR 5.00 per reminder letter as well as default interest of 9 percentage points above the base interest rate (Section 247 BGB). The Client shall be entitled to prove that the Seller has suffered no loss or a significantly lower loss. The Contractor shall be entitled to prove that a higher loss has been incurred.
The Contractor may postpone an agreed date for taking the photographs to a later date up to 72 hours before the appointment without incurring any further costs. If the appointment is postponed at shorter notice, the Contractor shall be entitled to demand a lump sum of EUR 190.00 net from the Client. The Client shall be entitled to prove that the Contractor has not incurred any damage or that the damage incurred is significantly lower. The Contractor shall be entitled to prove that higher damages have been incurred.
Any claims by the client for breach of contract shall lapse within 12 months of acceptance of the service provided. This shall not apply to bodily injury and damage to health and loss of life for which 360 Business View GmbH is responsible, in the case of intentional or fraudulent conduct on the part of 360 Business View GmbH, or in the case of claims under the Product Liability Act and within the scope of quality guarantees given. In the cases referred to in the preceding sentence, the statutory limitation periods shall apply.
The place of performance for both parties is the registered office of 360 Business View GmbH.
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 the contractual relationship, including actions on bills of exchange and checks, shall be the registered office of 360 Business View GmbH.
This contract and the legal relationship between 360 Business View GmbH and the contractual partner are subject to the law of the Federal Republic of Germany, excluding the provisions of international private law (conflict of laws) and the UN Convention on Contracts for the International Sale of Goods.
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