Terms and Conditions
Business-To-Consumer (B2C)
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all contractual relationships between DigitalConnect Media UG (haftungsbeschränkt), Alter Weg 26, 47918 Tönisvorst, Germany (hereinafter referred to as “DigitalConnect”, “we” or “us”), and consumers within the meaning of § 13 of the German Civil Code (BGB).
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities.
By accepting an offer or entering into a contract for our services, the customer acknowledges these GTC as legally binding in the version valid at the time the contract is concluded.
§ 2 Conclusion of Contract
Our offered products include custom digital services such as graphic design, animations, video editing, web development, creative concepts, as well as photography and videography. These works are predominantly tailored to the customer’s specifications and are therefore not standardized mass products.
The contract is not concluded via an automated online system but exclusively through direct personal communication, such as via email, phone, in-person discussions, or other means of communication.
After detailed coordination and negotiation, we send the customer a binding written offer. A contract is only concluded once the customer explicitly confirms this offer in text form (by signing the document). With this confirmation, the customer accepts our General Terms and Conditions and, if applicable, agrees to waive their statutory right of withdrawal (see also Section 6).
§ 3 Prices and Payment
All prices stated in the offers include statutory VAT.
Accepted payment methods:
• Bank transfer
• Invoice
• PayPal (with restrictions, see below)
Payment terms:
The invoice amount is due without deduction within 14 days of invoicing. For larger projects or individually agreed services, we reserve the right to require a deposit of up to 50% of the total price. This deposit will be explicitly stated in the respective offer.
Special conditions for PayPal payments:
• A processing fee of 2% of the total price applies.
• Payment must be made using the “Goods & Services” option only.
• Payments via “Friends & Family” will not be accepted and will result in rejection or the need to resubmit the payment correctly.
Refunds:
• In case of an erroneous or mistaken payment to our account, we reserve the right to process the refund within up to 30 days of receiving the amount.
§ 4 Delivery and Access to Digital Products
The digital content we produce is provided to the customer via a secure, individual download link. This link is made available through a secure cloud service that ensures data protection.
Important notes on download link availability:
• The provided download link is active and usable for 30 days from the time it is sent.
• After this period, the customer has no claim to renewed access to the files. We do not guarantee that files will be stored or re-provided beyond this timeframe.
• It is the customer’s sole responsibility to download and back up the digital products in a timely manner.
The exact delivery time for each product is specified in the binding offer. If payment is made on account, the digital products are generally delivered promptly together with the invoice.
§ 5 Right of Withdrawal and Returns
The statutory right of withdrawal is generally 14 days from receipt of the product or the last partial delivery.
Since our products are usually custom-made according to the customer’s specifications, no statutory right of withdrawal applies to these services pursuant to § 356 para. 5 BGB in conjunction with § 312g BGB, as long as the following conditions are met:
• The customer expressly agrees to the commencement of performance before the withdrawal period has expired, and
• The customer acknowledges that they lose their right of withdrawal upon commencement of performance.
This explicit consent and confirmation are provided by the acceptance (signature) of our offer, which is sent to the customer in text form before service delivery begins.
For standardized products, such as pre-made design packages, a right of withdrawal may be granted, provided the product has not yet been used. Partial use, such as downloading individual components, generally voids the right of return.
Comprehensive information on the right of withdrawal and its scope is available on our website under Cancellation Policy
§ 6 Warranty and Rectification
The statutory provisions on liability for defects according to §§ 434 ff. BGB apply. If a product we deliver does not have the agreed qualities or is defective, the customer is generally entitled to request rectification.
Rectification:
The customer has 7 calendar days from the final delivery of the product to request minor revisions. These rectifications will be made to a reasonable extent and are intended to correct minor errors or deviations. There is no unlimited or ongoing right to rectification, and major or fundamental redesigns are excluded.
Liability for third-party services:
As we collaborate with external service providers, such as freelance designers, responsibility for defects that are demonstrably caused by these third parties lies with the respective providers.
Our liability is limited to cases of gross negligence or intent clearly attributable to our area of responsibility. We disclaim liability for minor errors or defects beyond our control.
§ 7 Usage Rights and Copyright
Upon full payment of the agreed purchase price, the customer receives a simple, non-exclusive, and non-transferable right to use the delivered digital product. This usage right is unlimited in time and territory and entitles the customer to use the product for their own purposes.
Copyright and all other rights to the created works remain entirely with DigitalConnect Media UG. We expressly reserve the right to continue using the created works for our own purposes, such as advertising, marketing, or inclusion in our portfolio.
Customer restrictions:
• Resale, lending, leasing, or any other transfer of the product to third parties is strictly prohibited.
• The customer is entitled to use the delivered product for their own marketing and advertising purposes. Minor modifications and edits, such as cropping or small adjustments, are permitted.
• Major alterations or use of the product on behalf of or for third parties (e.g., for another company) are not permitted unless a legal succession or merger occurs in which the customer remains the legal entity.
• A complete redesign, significant modification, or repurposing of the product is excluded.
§ 8 Term of Contract and Termination
All contracts concluded with us are designed as one-time service purchases. There are no recurring payment obligations, subscriptions, or long-term contractual commitments. Upon full performance of the agreed services and receipt of payment, the contract is deemed fully completed. No further obligations or subsequent services apply automatically.
§ 9 Liability
We are liable only in cases where intentional or grossly negligent behavior by us or our agents can be proven. This means we are only responsible for damages if we or our staff have committed serious breaches of duty with intent or gross negligence.
In cases of simple negligence — i.e., minor inattentiveness or errors — we are only liable if essential contractual obligations (also known as cardinal obligations) are breached. These are obligations critical to achieving the purpose of the contract. In such cases, our liability is limited to typical foreseeable damage at the time of contract conclusion. This means we are not liable for extraordinary or excessive consequential damages that are uncommon.
Furthermore, we expressly exclude any liability for the following:
• Data losses occurring after the download period defined in these GTC has expired. Customers are responsible for downloading and backing up their products in time.
• Indirect or consequential damages, such as loss of profit, production downtime, loss of use, or other financial disadvantages not directly resulting from our error.
• Errors, damages, or other issues caused by external service providers we engage as part of our services. These providers act independently, and we do not accept liability for their services.
This exclusion of liability applies to the extent permitted by law and is intended to clearly define our liability without unduly restricting customer rights.
§ 10 Data Protection
In the context of handling inquiries and orders, we collect and process personal data of our customers. This data includes, but is not limited to, name, address, email address, telephone number, social media profiles (or links), and payment information. The processing of this data is carried out exclusively for the purpose of contract fulfillment, customer communication, and marketing activities, such as sending newsletters.
We place great importance on protecting your data and act in strict accordance with applicable data protection laws, especially the General Data Protection Regulation (GDPR). Full details regarding the type, scope, and purpose of data processing and your rights as a data subject are outlined in our detailed Privacy Policy, available at any time on our website.
As a customer, you have the right at any time to request information about the data stored about you and to request correction, deletion, or restriction of its processing. For this purpose, you can contact us at any time by email at dsgvo@digitalcnnct.eu. We will process your concerns promptly and in compliance with statutory deadlines.
§ 11 Jurisdiction and Final Provisions
All disputes arising from or in connection with this contract shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where legally permissible, the court with jurisdiction over our registered office in Krefeld shall have exclusive jurisdiction.
The contact details of the District Court of Krefeld are:
Amtsgericht Krefeld
Nordwall 131
47798 Krefeld
Branch office: Preußenring 49
Phone: +49 2151 847-0
Email: poststelle@ag-krefeld.nrw.de
You can find our own contact details in the Imprint.
If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original.
Last updated: May 30th, 2025 at 10:55PM
Business-To-Business (B2B)
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between DigitalConnect Media UG (limited liability), Alter Weg 26, 47918 Tönisvorst, Germany (hereinafter referred to as “Digital Connect”, “we” or “us”) and entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding a contract.
We do not recognize any deviating, conflicting, or supplementary terms and conditions of the customer unless we have expressly agreed to their validity in writing.
§ 2 Conclusion of Contract
Our products include custom digital services such as graphic design, animations, video editing, web development, creative concepts as well as photography and videography. These services are primarily tailored to the specific requirements of the customer and are not standardized mass products.
Contracts are concluded exclusively through direct personal communication (e.g., via email, telephone, or other means), not via automated online systems.
After negotiations, we send the customer a binding written offer. A contract is only concluded when the customer expressly confirms the offer in writing. By confirming the offer, the customer accepts these GTC.
§ 3 Prices and Payment
All prices stated in our offers include the applicable statutory VAT.
Payment methods:
• Bank transfer
• Invoice
• PayPal (with restrictions, see below)
Payment terms:
The invoice amount is due within 14 days of the invoice date without any deductions. For larger projects or individually agreed services, we reserve the right to request a deposit of up to 50% of the total price. This deposit will be explicitly stated in the respective offer.
Special conditions for PayPal payments:
• A processing fee of 2% of the total price applies.
• Payment must be made using the “Goods & Services” option.
• Payments sent via “Friends & Family” are not accepted and will result in rejection or require correct repayment.
Refunds:
In the event of an incorrect or erroneous transfer to our account, we reserve the right to issue a refund within up to 30 days of receipt of the amount.
§ 4 Delivery and Access to Digital Products
Digital content is provided via a secure, individual download link that is valid for 30 days from the time of dispatch. After this period, any claim to renewed access expires. The customer is solely responsible for securing the files in time.
The delivery time is specified in the offer. If payment is made on invoice, delivery is generally made promptly together with the invoice.
§ 5 Right of Withdrawal and Returns
Entrepreneurs have no statutory right of withdrawal.
§ 6 Warranty and Rectification
The statutory warranty rights (§§ 434 et seq. BGB) apply.
The customer is obligated to inspect delivered products immediately for defects and report them in writing within 7 days of delivery.
We will provide rectification within a reasonable scope. Multiple or excessive rectification attempts are excluded.
Liability for services provided by third parties applies only in cases of gross negligence or intent on our part.
§ 7 Usage Rights and Copyright
Upon full payment, the customer receives a simple, non-transferable right of use for the delivered products, which is unlimited in time and geographical scope.
Copyright and all other rights remain with DigitalConnect Media UG. We expressly reserve the right to use the created works for our own promotional purposes.
Restrictions for the customer:
• Resale, lending, renting, or otherwise passing on the product to third parties is prohibited.
• Minor adaptations for the customer’s own marketing purposes are permitted.
• Major modifications or use of the product on behalf of or for third parties are not permitted, unless there is a legal succession without a change of legal entity.
§ 8 Term of Contract and Termination
All contracts are single-purchase agreements without recurring obligations. Upon full delivery of the agreed services and receipt of payment, the contract is deemed fulfilled and completed.
§ 9 Liability
We accept liability only in cases of intent or gross negligence by us or our vicarious agents.
In the case of simple negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations), and liability is limited to the typical, foreseeable damage at the time the contract was concluded.
We explicitly exclude liability for the following:
• Data loss occurring after the download period as defined in these GTC has expired.
• Indirect or consequential damages, such as lost profits, production downtime, or other financial disadvantages not directly caused by us.
• Errors, damages, or issues caused by third-party service providers commissioned by us. We are not liable for their performance unless due to gross negligence or intent.
§ 10 Data Protection
We process personal data as part of contract fulfillment, communication, and marketing activities in compliance with applicable data protection laws.
Detailed information about the nature, scope, and purpose of data processing, as well as your rights as a data subject, can be found in our Privacy policy available on our website.
Customers may request information, correction, or deletion of their data at any time by contacting us at dsgvo@digitalcnnct.eu.
§ 11 Jurisdiction and Final Provisions
All disputes arising out of or in connection with this contract shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Where legally permissible, the court with jurisdiction over our registered office in Krefeld shall have exclusive jurisdiction.
Contact details of the court:
Amtsgericht Krefeld
Nordwall 131
47798 Krefeld
Branch office: Preußenring 49
Phone: +49 2151 847-0
Email: poststelle@ag-krefeld.nrw.de
You can find our own contact details in the Imprint.
If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original.
Last updated: May 30th, 2025 at 10:57PM