Erdmann Gallery
Owner: Yvonne Erdmann
Angermunder Straße 32
40489 Düsseldorf
The following terms and conditions (GTC) with §1 to §15 are the full basis and component of every contractual agreement - through a corresponding contract and / or a corresponding order confirmation - between the Erdmann Gallery agency / owner: Yvonne Erdmann and the respective client or contractual partner.
Erdmann Gallery / Owner: Yvonne Erdmann hereby expressly objects to any conflicting provisions in the general terms and conditions (GTC) of the client or contractual partner.
§ 1 CONCLUSION OF CONTRACT
Contracts between the Erdmann Gallery agency / owner: Yvonne Erdmann and the client or contractual partner are generally only concluded with the express acceptance of the contract, e.g. through a corresponding order confirmation by the Erdmann Gallery agency / owner: Yvonne Erdmann and the client or contractual partner.
Offers from the agency Erdmann Gallery / Owner: Yvonne Erdmann are subject to change until the contract is accepted or the order is confirmed.
The scope of the contractual service obligation results exclusively from the service description of the Erdmann Gallery agency / owner: Yvonne Erdmann and / or the information in the contract confirmation or order confirmation.
Subsidiary agreements that change the scope of the contractual services require express written confirmation.
Changes or deviations of individual contractual services from the agreed content of the contract or the order confirmation, which become necessary after the conclusion of the contract, are permitted provided that the changes or deviations are not significant and do not affect the overall structure of the agreed contractual services.
The Erdmann Gallery agency / owner: Yvonne Erdmann undertakes to inform the client / contractual partner immediately about changes or deviations in services.
§ 2 PRICES
All prices offered or agreed are net prices, excluding VAT.
The initial contact is free of charge for the client. This includes initial general offers and rough concepts.
If the Erdmann Gallery agency / owner: Yvonne Erdmann creates detailed concepts, extensive offers and presentations, etc. at the express request of the client before the order is placed, these will be charged according to the actual effort involved. The hourly rate of the Erdmann Gallery agency / owner: Yvonne Erdmann is € 120.00 net per employee plus the legally applicable VAT.
This also applies to additional expenses in the form of repeated design work and time-consuming corrections to offers or concepts that have already been created.
Unless otherwise offered or agreed, third parties are commissioned in the name and on behalf of the Erdmann Gallery agency / owner: Yvonne Erdmann. In this case, the Erdmann Gallery agency / owner: Yvonne Erdmann is not obliged to invoice the services provided by third parties on its behalf or to present invoices to the person it has commissioned.
Services not included in the offer, contract or order confirmation that are carried out at the request of the client / contractual partner, or additional expenses that are caused by incorrect information provided by the client / contractual partner, by transport delays that are not the client's fault, or by preliminary services provided by third parties that are not carried out on time or professionally, insofar as they are not fulfillment assistance from the Erdmann Gallery agency / owner: Yvonne Erdmann, will be invoiced to the client / contractual partner in addition according to the current remuneration rates of the Erdmann Gallery agency / owner: Yvonne Erdmann. The hourly rate of the Erdmann Gallery agency / owner: Yvonne Erdmann is € 120.00 net per employee plus the legally applicable VAT.
§ 3 PAYMENT
Erdmann Gallery / Owner: Yvonne Erdmann is entitled to invoice each individual service immediately after it has been provided.
Unless otherwise agreed, invoice amounts are due for payment in full immediately upon receipt of the invoice. Any deductions of any kind, such as a reduction in the invoice amount or a discount, are not possible without prior written agreement and are therefore excluded.
In addition, the Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to request advances / payments on account to cover its expenses as follows:
01. 50% of the agreed total order amount according to the offer, contract and/or order confirmation up to 21 days before the first day of the event for a total order volume of up to €20,000.00 net. The Erdmann Gallery agency / owner: Yvonne Erdmann will send a corresponding advance invoice to the client/contractual partner.
02. 33% of the agreed total order amount according to the offer, contract and/or order confirmation immediately after the order is placed and a further 33% of the agreed total order amount according to the offer, contract and/or order confirmation up to 21 days before the first day of the event for a total order volume of €20,000.00 net or more. The Erdmann Gallery agency / owner: Yvonne Erdmann will send a corresponding advance invoice to the client/contractual partner/customer.
Advances, A-Account payments or down payments do not bear interest.
Following the event or incentive or after the service has been provided, the Erdmann Gallery agency / owner: Yvonne Erdmann will send the client / contractual partner a final invoice listing all services provided and any advance payments.
§ 4 OBLIGATIONS OF THE CLIENT / CONTRACTUAL PARTNER TO COOPERATE
The information and any documents or materials required by the Erdmann Gallery agency / owner: Yvonne Erdmann to carry out an order will be handed over by the client / contractual partner in full and on time. Instructions from the client / contractual partner to the agency must be communicated promptly so that there is an appropriate period of time for implementation.
The client/contractual partner will name at least one contact person with decision-making authority for the desired event processes and event content to the Erdmann Gallery agency/owner: Yvonne Erdmann. This person can be contacted at short notice for queries or coordination requirements before and during the event/incentive.
The Erdmann Gallery agency / owner: Yvonne Erdmann is released from liability for service disruptions that are caused by failure to make timely arrangements with the client's / contractual partner's contact person.
§ 5 COPYRIGHTS AND RIGHTS OF USE
Erdmann Gallery / Owner: Yvonne Erdmann is entitled, after consultation with the client / contractual partner, to take photos and videos at all events, incentives and event services organized by her.
The Erdmann Gallery agency / owner: Yvonne Erdmann holds the exclusive copyright and right of use for these photos and moving images. The Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to use these photos and moving images for its own advertising purposes - regardless of the specific distribution medium.
This regulation does not affect any personal rights of persons depicted. Special agreements must be made regarding the consent of any persons depicted if the regulation in Section 23 KUrhG does not apply.
Concepts and drafts created by the Erdmann Gallery agency / owner: Yvonne Erdmann are subject to confidentiality and may not be used, implemented or passed on to third parties without the express consent of the Erdmann Gallery agency / owner: Yvonne Erdmann itself or with the help of other providers. A culpable breach of this obligation entitles the Erdmann Gallery agency / owner: Yvonne Erdmann to demand a contractual penalty of up to € 10,000.00, but a maximum of 10% of the relevant order value according to the respective concept or draft. The penalty is due for each case of infringement. The parties waive the defense of continuity.
§ 6 WITHDRAWAL
In the event of withdrawal from a concluded contract / agreement or in the event of cancellation of any agreed service by the client / contractual partner, the latter must immediately inform the Erdmann Gallery agency / owner: Yvonne Erdmann in writing, stating the reason / reasons.
In this case, unless otherwise agreed in writing, the following binding deadlines and binding payment obligations on the part of the client / contractual partner to the Erdmann Gallery agency / owner: Yvonne Erdmann apply in order to compensate for the costs incurred up to the time of withdrawal / cancellation as well as the lost profit as a minimum damage:
- in the event of withdrawal / cancellation up to 60 days before the start of the service:
20% of the agreed total amount including all agreed services
(for example, advice, offer, concept, calculation, planning, commissioning of third-party
service providers, cancellation of third-party service providers, invoicing, etc.)
- in the event of withdrawal / cancellation up to 50 days before the start of the service:
30% of the agreed total amount including all agreed services
- in the event of withdrawal / cancellation up to 40 days before the start of the service:
40% of the agreed total amount including all agreed services
- in the event of withdrawal / cancellation up to 30 days before the start of the service:
50% of the agreed total amount including all agreed services
- in the event of withdrawal / cancellation Cancellation up to 20 days before the start of the service:
70% of the agreed total amount including all agreed services
- in the event of a withdrawal / cancellation up to 10 days before the start of the service:
80% of the agreed total amount including all agreed services
- in the event of a withdrawal / cancellation after 10 days before the start of the service:
100% of the agreed total amount including all agreed services
- or in the event of a non-attendance by the client / contractual partner:
100% of the agreed total amount including all agreed services
The Erdmann Gallery agency / owner: Yvonne Erdmann expressly reserves the right to claim higher damages. Should commissioned third-party service providers justifiably claim higher withdrawal or cancellation costs from the Erdmann Gallery agency / owner: Yvonne Erdmann, the Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to pass these costs on to the client / contractual partner in full. In this case, the Erdmann Gallery agency / owner: Yvonne Erdmann will additionally charge the client / contractual partner for all other services commissioned, for which no higher withdrawal or cancellation costs are incurred by third-party service providers, in accordance with the provisions set out in §6 WITHDRAWAL.
The start of the service is deemed to be the beginning of the agreed event or the agreed incentive or the agreed event service, and generally the day on which the Erdmann Gallery agency / owner: Yvonne Erdmann is obliged to provide the contractually owed service.
The withdrawal must be made in writing. The date on which the withdrawal notice is received by the Erdmann Gallery agency / owner: Yvonne Erdmann is deemed to be the key date for calculating the deadline.
In the event of withdrawal/cancellation by the client/contractual partner, the Erdmann Gallery agency/owner: Yvonne Erdmann will issue the client/contractual partner with an invoice in accordance with the provisions set out in Section 6 WITHDRAWAL. The invoice amount is due for payment in full immediately upon receipt of the invoice (Section 3 PAYMENT).
The cancellation payments have been determined taking into account the usual savings in use. Proof of higher damages remains unaffected.
In every case of withdrawal by the Erdmann Gallery agency / owner: Yvonne Erdmann, the liability of the Erdmann Gallery agency / owner: Yvonne Erdmann towards the client / contractual partner is limited to an amount of 10% of the agreed total price.
§ 7 TERMINATION
If an event or an incentive or an event service is made significantly more difficult or endangered or significantly impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, or if it is therefore not feasible, both the Erdmann Gallery agency / owner: Yvonne Erdmann and the client / contractual partner can terminate the contract or the concluded agreement in writing. If the contract / the concluded agreement is terminated for the reasons stated in §7 TERMINATION, the Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to demand appropriate compensation for the services already provided or still to be provided to complete the event / incentive / event service and to invoice the client / contractual partner accordingly.
§ 8 LIABILITY
The liability of the Erdmann Gallery agency / owner: Yvonne Erdmann towards the client / contractual partner for damages due to pre-contractual or contractual claims is limited in total and at most to the amount of 1 time the agreed price of the respective service.
Liability for slight negligence - to the extent permitted by law - is excluded.
It is agreed between the Erdmann Gallery agency / owner: Yvonne Erdmann and the client / contractual partner that the latter uses the services of the Erdmann Gallery agency / owner: Yvonne Erdmann at their own risk.
If the agency Erdmann Gallery / owner: Yvonne Erdmann offers a service with an increased risk, the agency Erdmann Gallery / owner: Yvonne Erdmann can request the signing of a separate liability waiver.
Insofar as the Erdmann Gallery agency / owner: Yvonne Erdmann has to offer and provide its services to third parties (i.e. persons who are assigned to the client's / contractual partner's camp, such as vicarious agents of the client / contractual partner, guests of the client / contractual partner, etc.) on behalf of a client / contractual partner, the client / contractual partner shall indemnify the Erdmann Gallery agency / owner: Yvonne Erdmann from all liability claims of third parties insofar as these exceed the liability limits stated in §8 LIABILITY. The client / contractual partner undertakes to agree identical liability limitations and exclusions with the participants for the benefit of the Erdmann Gallery agency / owner: Yvonne Erdmann.
The Erdmann Gallery agency / owner: Yvonne Erdmann assumes no liability for any materials, equipment or space provided by the client / contractual partner or third parties for the implementation of events or event services. In this respect, the client / contractual partner releases the Erdmann Gallery agency / owner: Yvonne Erdmann from any liability claims made by the client / contractual partner or participants against the Erdmann Gallery agency / owner: Yvonne Erdmann.
The Erdmann Gallery agency / owner: Yvonne Erdmann is not liable in particular if the operational personnel is subject to the instructions of the client / contractual partner during the action.
If the Erdmann Gallery agency / owner: Yvonne Erdmann acts as a service provider and/or agent for a client/contractual partner in the organization and realization of an event or an incentive trip or an event service, the client/contractual partner is the sole legally valid organizer of this event or incentive trip and is therefore fully liable for all liability claims from third parties. The client/contractual partner releases the Erdmann Gallery agency / owner: Yvonne Erdmann in any case from all liability claims from third parties. The client/contractual partner is obliged to take out appropriate insurance for the event or incentive trip for any personal injury and property damage in the appropriate amount.
§ 9 RENT
If the Erdmann Gallery agency / owner: Yvonne Erdmann rents or lends out objects of any kind, the client / contractual partner is liable for loss, damage or other impairment of the substance and intended use of the rented or loaned objects. The current replacement value is the basis for claims for compensation by the Erdmann Gallery agency / owner: Yvonne Erdmann.
The Erdmann Gallery agency / owner: Yvonne Erdmann can require the client / contractual partner to take out appropriate insurance for the aforementioned risks.
§ 10 AGENCY SERVICE
The Erdmann Gallery agency / owner: Yvonne Erdmann is not liable for service disruptions and damages in connection with services that are merely brokered as third-party services and/or that are expressly identified as third-party services in the offer/contract/order confirmation.
If, during an agency transaction, one of the contractors is unable to perform the service he is required to provide, the Erdmann Gallery agency / owner: Yvonne Erdmann is to be released from all claims of the respective client / contractual partner. This also applies to claims arising from breach of contract or other claims for damages.
If artists/service providers arranged by the Erdmann Gallery agency / owner: Yvonne Erdmann are unable to fulfill the contract/agreement due to illness or another unforeseen obligation or due to force majeure, an equivalent replacement artist/service provider will be offered to the client/contractual partner if possible. If the client/contractual partner rejects the replacement artist/service provider, the contract/agreement is deemed null and void. If it is impossible for the Erdmann Gallery agency / owner: Yvonne Erdmann to find a replacement artist/service provider due to, for example, short notice or unsuitability, the contract/agreement is deemed null and void.
Insofar as the Erdmann Gallery agency / owner: Yvonne Erdmann acts as an agent and agency for services, artistic performances, etc., the respective client / contractual partner undertakes not to use the contacts established by the Erdmann Gallery agency / owner: Yvonne Erdmann to conclude direct transactions. In the event of a breach of this obligation, the Erdmann Gallery agency / owner: Yvonne Erdmann is to be treated as if the unauthorized direct transaction had been brokered by the Erdmann Gallery agency / owner: Yvonne Erdmann. In this case, the Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to payment of the brokerage commission - for each breach by the client / contractual partner - that the client / contractual partner would have paid to the Erdmann Gallery agency / owner: Yvonne Erdmann for the specific brokerage transaction.
If the Erdmann Gallery agency / owner: Yvonne Erdmann acts as an intermediary in the name and on behalf of the client / contractual partner, the client / contractual partner must bear all costs incurred in connection with the implementation of the event / incentive / event service, such as GEMA, artists' social insurance fund (KSK), local taxes or similar, directly and in full.
§ 11 WARRANTY
The Erdmann Gallery agency / owner: Yvonne Erdmann has the right to withdraw from the order/contract for events, incentives, event services for which participation requires special physical or other qualifications, even during the duration of the event/incentive, insofar as execution of the order is impossible for these reasons and the withdrawal is also in the best interests of the client/contractual partner or the participating third parties. The Erdmann Gallery agency / owner: Yvonne Erdmann is also entitled to exclude individual participants from the event/incentive if this appears necessary for reasons relating to the person of the client/contractual partner.
If a service is not provided or is not provided in accordance with the contract, the client/contractual partner must immediately complain about the lack of service and demand redress. The client/contractual partner can only refuse replacement services from the Erdmann Gallery agency/owner: Yvonne Erdmann if this is unreasonable for him for an important reason that is recognizable to the Erdmann Gallery agency/owner: Yvonne Erdmann.
In particular, if the acceptance of the replacement service affects the overall structure of the booked event/incentive/event service.
In the event of any disruptions in performance, the client/contractual partner is obliged to cooperate within the framework of the legal provisions and to avoid or minimize any damage. In the event of any disruptions in performance, the client/contractual partner is obliged to do everything reasonable to help resolve the disruption and minimize any damage that may arise.
If the client/contractual partner requests a reduction in the order price/contract price owed by them due to alleged poor performance of the order/contract by the Erdmann Gallery agency/owner: Yvonne Erdmann, they are obliged to immediately notify the Erdmann Gallery agency/owner: Yvonne Erdmann in writing, stating the reasons. If the contractual partner is a merchant or a legal entity or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies: In the event of a complaint, claims against the Erdmann Gallery agency/owner: Yvonne Erdmann can only be asserted if a lack of performance was immediately reported in writing within the meaning of Section 377 of the German Commercial Code (HGB) after the contractually agreed end of the event.
If the client/contractual partner provides rooms and areas for the implementation of the event or event service, he is responsible for ensuring that the rooms and areas provided for the implementation of the event or event service are approved and suitable. The client/contractual partner then assumes particular responsibility for obtaining any necessary permits, securing routes and areas against general dangers and excluding sources of danger. The client/contractual partner assumes the duty of care for the rooms and areas provided by him. He releases the Erdmann Gallery agency/owner: Yvonne Erdmann from any liability arising from a breach of the duty of care, from the nature or location of the rooms and areas provided.
§ 12 PROTECTION AGAINST COMPETITION
The persons or service providers employed by the Erdmann Gallery agency / owner: Yvonne Erdmann may not be employed by the client / contractual partner on a temporary or permanent basis, or commissioned as subcontractors or referred to third parties for a period of 18 months after the end of the assignment to the client / contractual partner. For each case of violation, a contractual penalty of € 5,000.00 per person or service provider is agreed. Further claims for damages remain unaffected.
§ 13 REFERENCE LAW
The Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to disclose the activity(s) for the client / contractual partner to third parties during and after the contract / service execution for reference purposes and to use the services provided for the client / contractual partner as a reference in other contexts. In particular, the client / contractual partner / customer may be named on the homepage and in the social media accounts of the Erdmann Gallery agency / owner: Yvonne Erdmann. The Erdmann Gallery agency / owner: Yvonne Erdmann is entitled to these rights without the client / contractual partner being entitled to any compensation. The client / contractual partner is entitled to object to this in writing with effect for the future, provided that he can prove a legitimate interest in doing so.
§ 14 FINAL PROVISION
All personal data provided to the Erdmann Gallery agency / owner: Yvonne Erdmann for the purpose of handling the event / incentive / event service is protected against misuse in accordance with the Federal Data Protection Act (BDSG). The client / contractual partner declares his consent to the storage of the data required to handle the order.
Should the offer and/or contract and/or order confirmation from the Erdmann Gallery agency / owner: Yvonne Erdmann contain additional terms and conditions not mentioned in §1 to §15 of these terms and conditions, these shall be deemed to be additional, legally binding agreements together with the terms and conditions of the Erdmann Gallery agency / owner: Yvonne Erdmann. Should the terms and conditions of the offer and/or contract and/or order confirmation from the Erdmann Gallery agency / owner: Yvonne Erdmann contradict these terms and conditions, the terms and conditions of the Erdmann Gallery agency / owner: Yvonne Erdmann contained in the offer and/or contract and/or order confirmation are to be regarded as having priority and ultimately prevail over the terms and conditions of the Erdmann Gallery agency / owner: Yvonne Erdmann.
Should individual provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be agreed that comes closest to the economic purpose of the parties.
The law of the Federal Republic of Germany applies.
§ 15 JURISDICTION AND PLACE OF PERFORMANCE
If the contractual partner is a merchant or a legal entity or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the place of jurisdiction for all claims arising from the contract/agreement is Düsseldorf. The client/contractual partner can only sue the Erdmann Gallery agency/owner: Yvonne Erdmann at the Düsseldorf District Court, regardless of the amount in dispute.
Erdmann Gallery
Yvonne Erdmann
Angermunder Straße 32
40489 Düsseldorf Angermund
Call us:
Phone: +49 211 975 379 40
Email: kontakt@erdmann-gallery.info