1. General Provisions
1.1 The following General Terms and Conditions (GTC) in their version valid at the time of the order apply exclusively to the business relationship between the film production company Rabbitz Film AG (hereinafter referred to as “Rabbitz Film”) and its clients.
1.2 These GTC form an integral part of every contract concluded, unless explicitly agreed otherwise. They also apply to future business relationships with the client without requiring explicit inclusion each time.
1.3 Deviating terms and conditions of the client will not be recognized unless Rabbitz Film expressly agrees to their validity in writing. This also applies if Rabbitz Film does not expressly object to the client’s terms and conditions.
1.4 Rabbitz Film may amend these GTC if there is an objective reason (e.g., changes in legislation or case law). Amendments will be communicated to the client in writing at least one month before taking effect. The client has the right to object within this period. If no objection is raised, the amended GTC are deemed accepted. Rabbitz Film will inform the client about the right to object and the consequences of non-objection in the notification.
2. Conclusion of Contract
2.1 Offers by Rabbitz Film are non-binding and subject to change.
2.2 A contract is concluded only when the client receives a written confirmation from Rabbitz Film or Rabbitz Film commences performance of the service.
2.3 Services provided by Rabbitz Film at the client’s request prior to the conclusion of a contract may be invoiced to the client if no contract is subsequently concluded.
3. Liability and Warranty
3.1 Rabbitz Film is liable for damages caused by intentional or grossly negligent actions. In cases of simple negligence, Rabbitz Film is liable only for the breach of essential contractual obligations (cardinal obligations) and limited to foreseeable, typically occurring damages.
3.2 Liability for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected.
3.3 The client must notify Rabbitz Film of obvious defects without delay, but no later than within 14 days of receiving the service, in writing. Failure to make a timely notification results in the loss of warranty claims.
4. Data Protection
4.1 Rabbitz Film collects, processes, and uses personal data of the client in compliance with the legal requirements of the GDPR.
4.2 Data will only be shared with third parties if necessary for contract fulfillment or if Rabbitz Film is legally obliged to do so.
4.3 The client may request information about stored data at any time and may also demand its deletion or correction.
5. Usage Rights
5.1 Upon full payment of all invoices related to the order, Rabbitz Film transfers to the client the usage rights necessary for the agreed purpose. In case of doubt, simple usage rights are granted.
5.2 Further usage, especially modifications or alterations of the works, requires Rabbitz Film’s explicit consent.
5.3 Usage rights to works not fully paid for remain with Rabbitz Film.
6. Delivery Deadlines
6.1 Delivery deadlines are binding only if agreed upon in writing. Delays caused by force majeure or other unforeseeable events outside Rabbitz Film’s control entitle Rabbitz Film to extend the delivery deadline appropriately.
6.2 If Rabbitz Film is in default, the client must grant a reasonable grace period. If this period expires without success, the client may withdraw from the contract. Claims for damages are limited to the provisions in section 3.
7. Final Provisions
7.1 The place of performance and jurisdiction is the registered office of Rabbitz Film, provided the client is a merchant, a legal entity under public law, or a special fund under public law.
7.2 German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
7.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision.