Terms and conditions
General Terms and Conditions (GTC)
SINEOS GmbH, Stuttgarter Str. 40, 73430 Aalen for entrepreneurs (§ 14 BGB) and merchants (HGB)
- 1 Scope of application
(1) All services and offers of SINEOS GmbH are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts that SINEOS concludes with its contractual partners (hereinafter also referred to as "customer") regarding the deliveries or services it offers. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties do not apply, even if SINEOS does not specifically object to their validity in individual cases. Even if SINEOS refers to a letter or email that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
(3) Services and offers from SINEOS GmbH are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and merchants (HGB).
- 2 Services
(1) SINEOS provides comprehensive consulting and agency services for operators of online shops, particularly in the areas of online marketing, website/shop development and subsequent maintenance and care. Unless expressly agreed otherwise in writing, SINEOS does not owe the customer the provision of a work / specific success, in particular not the achievement of certain company figures or sales limits.
(2) The customer must provide the cooperation required of him in full and on time upon first request from SINEOS GmbH. If the customer fails to cooperate and thereby prevents SINEOS from providing the service, SINEOS GmbH's right to remuneration remains unaffected.
(3) The customer is advised that third-party providers (e.g. Facebook, Google) are entitled to stop / discontinue or delete advertising campaigns and accounts at any time without stating reasons. SINEOS is not responsible for such an action. SINEOS GmbH's right to remuneration remains unaffected in these cases.
(4) When using third-party services, their terms and conditions apply. These must be observed by the customer.
(5) With regard to the services to be provided by SINEOS GmbH to the customer, SINEOS has the right to determine the performance in accordance with Section 315 of the German Civil Code (BGB).
(6) SINEOS is entitled to have services owed to the customer performed by vicarious agents / subcontractors and third parties.
(7) Any advertising costs incurred for third-party providers are not included in the remuneration of SINEOS GmbH and must be borne separately by the customer.
(8) The customer is solely responsible for the legal conformity of any advertisements, landing pages (including imprint and data protection declaration). Any legal texts provided to the customer are to be understood as samples/placeholders only and must be checked by the customer at their own responsibility if necessary.
(9) SINEOS is entitled to advertise with the customer's current company logo on the Internet and social media.
(10) Any licenses required for the use of third-party services are always to be borne by the customer and, unless expressly agreed otherwise, are not included in the remuneration agreed with SINEOS.
- 3 Formation of contracts
The contract between SINEOS and the customer can be concluded by telephone, in writing or in text form.
- 4 Services requiring acceptance
(1) The services provided by SINEOS GmbH are generally subject to Service contract law. If an agreed service is, by way of exception, predominantly subject to the law on work contracts and therefore requires acceptance, the following paragraphs 2-6 apply only in relation to these services.
(2) SINEOS can request acceptance of the partial service from the customer after completion of the respective partial service and, after all adaptation services have been carried out, an overall acceptance of all services.
(3) Acceptance of the services requires a functional test by the customer. The functional test is successfully carried out if the adaptation services meet the agreed requirements.
(4) If the functional test is successfully carried out, acceptance must be declared immediately. SINEOS can request the customer to accept the partial or overall service within one week. It is deemed to have been accepted upon expiry of the deadline if the customer