1. general

Mit dir zu Zweit provides its services on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Mit dir zu Zweit and its customers. The version valid at the time the contract is concluded shall be authoritative. Deviations or other agreements with the customer are only effective if they are confirmed in writing by Mit dir zu Zweit.

The customer shall be notified of any changes to the GTC and these shall be deemed to have been agreed if the customer does not object to the amended terms in writing within 14 days.

The offers are non-binding and subject to change.

2. conclusion of contract

The contract is concluded by signing a written contract. Any changes are reserved.

3. concept protection, scope of services, order processing and the customer’s duty to cooperate

The customer undertakes to refrain from commercially exploiting the ideas presented by Mit dir zu Zweit or having them exploited or using them or having them used outside the corrective of a main contract to be concluded at a later date.

The scope of the services to be provided is set out in the service description in the contract or an order confirmation by Mit dir zu Zweit, as well as any protocol („offer documents“). Subsequent changes to the service content require written confirmation by Mit dir zu Zweit. Within the framework specified by the customer, Mit dir zu Zweit has the freedom to design the fulfillment of the order.

The customer shall provide Mit dir zu Zweit with timely and complete access to all information and documents required for the provision of the service. He shall inform them of all circumstances that are of significance for the execution of the order, even if these only become known during the execution of the order. The customer shall bear the costs incurred if work has to be repeated or is delayed as a result of incorrect, incomplete or subsequently changed information provided by Mit dir zu Zweit.

The customer is further obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights, labeling rights or other rights of third parties (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. Mit dir zu Zweit shall not be liable in the event of merely slight negligence or after fulfilling its duty to warn due to an infringement of such third-party rights by the documents provided. If claims are asserted against Mit dir zu Zweit by a third party due to such an infringement of rights, the Customer shall indemnify and hold Mit dir zu Zweit harmless; the Customer shall compensate Mit dir zu Zweit for all disadvantages incurred by Mit dir zu Zweit as a result of claims asserted by third parties, in particular the costs of appropriate legal representation. The Customer undertakes to support Mit dir zu Zweit in the defense against any third-party claims. The Customer shall provide Mit dir zu Zweit with all documents for this purpose without being requested to do so.

4. prices, payment

The date of receipt of the payment by Mit dir zu Zweit at the paying agent shall be decisive for the timeliness of the payment. All payments are to be made in the specified currency without deduction. If a deposit has been agreed, this must be paid in cash or by bank transfer upon conclusion of the contract. This shall be noted in the contract. Otherwise, all amounts are to be paid within 14 days of invoicing to the specified account without deduction.

Bills of exchange and checks are not accepted. Discount and collection charges as well as interest shall always be borne by the customer. Mit dir zu Zweit is entitled to charge reminder fees in the net amount of € 12 for each reminder of fees due. In the event of culpable default of payment, Mit dir zu Zweit is entitled to charge default interest of 1.5% per month.

5. execution of the services

The customer acknowledges that only consulting, organizational and support services are provided within the scope of the contract. A certain success cannot be promised. Mit dir zu Zweit will not conclude its own contracts with individual suppliers such as restaurant operators, music groups or florists, etc., but the individual contracts are concluded exclusively between the suppliers and the customer. In particular, this means that Mit dir zu Zweit cannot be held liable for poor performance by individual suppliers.

6 Cancellation conditions

In principle, the customer has the right to withdraw from the concluded contract at any time under the following conditions. However, it is not possible to withdraw from the contract in the case of location consulting; in this case, the agreed flat-rate price must be paid in full even if the service to be provided by the customer is waived.

Up to eight weeks before the specified wedding day, the cancellation fee is 50%, up to six weeks before the wedding day 75%, up to four weeks before the wedding day 90% and from a cancellation less than one week before the wedding day 100% of the agreed gross price. If billing has been agreed on an hourly basis, Mit dir zu Zweit has the right to charge for all hours worked up to the time of cancellation.

In the event of cancellation due to force majeure, i.e. due to unusual and unforeseeable events over which the contractor has no influence and their consequences, no cancellation costs shall be incurred.

7 Warranty, compensation for damages

Mit dir zu Zweit provides a warranty for its services within the scope of the statutory provisions in accordance with this contract. However, warranty claims are excluded if its plans or express instructions have been violated, as well as in the event of faulty execution of the order by third parties. The same applies to errors that are attributable to information, recommendations and instructions from the customer.

Mit dir zu Zweit is only liable for damages if intent or gross negligence can be proven within the scope of the statutory provisions. Liability for slight negligence, compensation for consequential damages or financial losses, unrealized savings, loss of interest or damages from third-party claims are excluded.

The warranty period is six months from delivery/service. The right of recourse against Mit dir zu Zweit expires one year after delivery/service. The customer is not entitled to withhold payments due to defects. The presumption rule is excluded.

The customer’s claims for damages shall expire six months after knowledge of the damage.

8. social media

Mit dir zu Zweit points out to its customers that the providers of social media reserve the right in their terms of use to refuse or remove advertisements and advertising appearances for any reason. The providers are therefore not obliged to forward content and information to social media users. There is therefore a risk, which Mit dir zu Zweit cannot calculate, that advertisements and advertising appearances may be removed for no reason. In the event of a complaint from another user, the providers will grant the option of a counterstatement, but even in this case the content will be removed immediately. Mit dir zu Zweit works on the basis of these terms of use of the providers, over which it has no influence. By placing an order, the customer expressly acknowledges that these terms of use determine the rights and obligations of any contractual relationship. Mit dir zu Zweit intends to carry out the customer’s order to the best of its knowledge and belief and to comply with the guidelines of Social Media. However, due to the currently valid terms of use and the simple possibility for every user to claim legal violations and thus achieve removal of the content, Mit dir zu Zweit cannot guarantee that the commissioned campaign will be available at all times.

9. data protection, other

The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number) may be used for the purpose of fulfilling the contract and supporting the customer as well as for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference).

The customer agrees to receive electronic mail for advertising purposes until further notice.

This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed at the top of the GTC.

The contract and all reciprocal rights and obligations derived from it as well as claims between Mit dir zu Zweit and the customer are subject to Austrian substantive law to the exclusion of its conflict of law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of performance is the registered office of Mit dir zu Zweit. In the case of shipment, the risk shall pass to the customer as soon as Mit dir zu Zweit has handed over the goods to the carrier of its choice.

The place of jurisdiction for all legal disputes arising between Mit dir zu Zweit and the customer in connection with this contractual relationship shall be the court having subject-matter jurisdiction for the registered office of Mit dir zu Zweit. Notwithstanding this, Mit dir zu Zweit is entitled to sue the customer at his general place of jurisdiction.