TERMOS E CONDIÇÕES

Termos e condições gerais

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Information in accordance with § 5 TMG

Global Fairs TT-Messe Nintemann e.K..
Owner: Jan Nintemann

Bohmter Strasse 40.
49074 Osnabrueck

contact

Telephone: +49 541 971260
Fax: +49 541 9712666
email: nintemann@global-fairs.de

Editorially responsible

Jan Nintemann
Bohmter Strasse 40
49074 Osnabrueck

EU dispute resolution

The European Commission provides a platform for online dispute resolution (OS):

https://ec.europa.eu/consumers/odr/
Our e-mail address can be found at the top of the legal notice.

Consumer dispute resolution/universal conciliation body

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Sales tax ID

Sales tax identification number in accordance with Section 27 a of the Sales Tax Act: DE183208864

Business identification number

0000000

1. General; scope

  1. These terms and conditions apply to all current and future business relationships with customers.
  2. Entrepreneurs within the meaning of § 14 BGB are considered to be customers. Entrepreneurs are natural or legal persons or legal partnerships with whom
  3. drawing is entered into, acting in the exercise of a commercial or self-employed professional activity. This includes in particular clients, manufacturers, distributors, network operators, providers and service providers whose products and services we promote in channel campaigns (brochures) or on the Internet or other media and in trade fair projects organized by Global Fairs, or for any type of services that Global Fairs provides for them. On the other hand, these terms and conditions also apply to all orders and cooperation agreements placed by us.
  4. Deviating, conflicting or supplementary terms and conditions, even if known, do not become part of the contract, unless their validity is expressly agreed in writing.

2. Offer; conclusion of contract

  1. Offers from Global Fairs are subject to change. Orders must be placed in writing on the order forms provided by Global Fairs. In any case, ancillary agreements must be made in writing. This also applies to the waiver of the formal requirement.
  2. The sample designs provided by our clients, service providers, cooperation partners and customers — whether in digital or print format — for brochures, exhibition stands and presentations are non-binding. The samples are only intended to provide an indication of the scope of services and the graphical or exhibition stand implementation of the advertised articles and services or exhibition stands. We reserve the right to design our products and services in each case. The same applies to the advertising presentation of products and services in other media, in particular on the Internet.
  3. Global Fairs assumes no liability for the content and graphical presentations of templates and specifications submitted to us by clients and customers.
  4. Upon receipt of written orders for our services in accordance with our service and price list from clients and customers, our contractual relationship with
  5. justifies this.
  6. Global Fairs is entitled to carry out the work assigned to it itself or to commission it on its own behalf through vicarious agents or subcontractors.

3. Prices

  1. Deliveries and services provided by Global Fairs are based on the prices valid at the time of conclusion of the contract. Our prices are exclusive of statutory value-added tax. All prices do not include packaging, transport and insurance costs; these are borne by the customer.
  2. Additional services that are not included in the offer and are carried out at the customer's request will be charged to the customer. This also applies to additional expenses caused by incorrect approvals by the customer or untimely or professional advance payments made by the customer or third party commissioned by him, incorrect information provided by the customer and requests for changes on the part of the customer following approval or partial acceptance.
  3. Otherwise, our prices are subject to change.

4. Delivery and performance

  1. Deliveries are made directly from the printer/supplier. In the absence of a special written agreement, the shipping route and means are left to our free choice as part of business practice.
  2. With regard to the products and services advertised in brochures, other media and at exhibition stands, Global Fairs only acts as an intermediary. In this regard, the contractual relationship is concluded exclusively between our clients and the end customers. This also applies to business use of the Internet (e.g. online shop systems).
  3. Our services are otherwise specified in the cooperation agreement to be concluded with our business partners.

5. Delivery periods, withdrawal

  1. Our delivery periods and delivery dates are non-binding, unless we have expressly described them as binding in a written commitment.
  2. We reserve the right to withdraw from the contract in whole or in part if our sub-supplier is unable to carry out the delivery or service within a reasonable period of time due to force majeure, strike, turmoil, official intervention, machine damage, inadequate supply of materials, disruption of transport routes and other operational disruptions through no fault of their own.
  3. The supplier or client must reimburse us for all costs we incur as a result of culpably delayed deliveries or services. This also applies to print templates.

6. Organization of trade fairs and events

  1. The following applies to the joint stands organized by us at trade fairs and our own trade fair events: By ordering a stand area completed and signed by the co-exhibitor, in addition to marketing services, the order was placed after it has been returned to us, usually by e-mail or fax. All dimensions and locations shown at the joint stand or individual stands are outlined as precisely as possible. However, we reserve the right to make necessary changes at any time in order to adapt the stand plan to the wishes of the organizer and all exhibitors.
  2. If an application for a stand space and marketing service is successful, the customer becomes an exhibitor or co-exhibitor.
  3. Unless otherwise agreed, the general terms and conditions of the main organizer of the trade fair also apply, which are sent to the co-exhibitors via hyperlink in the registration form as far as possible. This applies in particular to hazard regulations, approval to present products up to date, advertising regulations and assembly and dismantling times.
  4. We, our employees, contractual service providers and representatives are not liable for any accidents, losses or damage caused by the employees of the co-exhibitor, sub-exhibitor and visitor or for the property of the same. Every visitor and participant at the co-exhibitor's stand is to be regarded as a guest or licensee of the co-exhibitor, and not as our guest or licensee. The co-exhibitor is liable for accidents involving damage to his property, visitors to his stand, guests invited to the exhibition or a group of the co-exhibitor and assumes full responsibility and liability for all activities and omissions of employees and independent visitors, regardless of whether they act in their area of responsibility, to indemnify us and the exhibition hall directly or indirectly from such omissions and measures.
  5. We cannot be held responsible for errors in carrying out obligations as a result of strike, commotion, force majeure, or other reasons beyond our control
  6. We commit ourselves to take out liability insurance at our own expense to cover damage to trade fair projects, joint stands or exhibition stands organized by us. However, the co-exhibitor is always responsible for his own exhibition material or other property, regardless of location.

7. Cancellation

  1. Unless otherwise agreed, it is only possible to cancel the exhibition area vis-à-vis Global Fairs under the following conditions.
  2. Any cancellation, even partial, must be justified in writing and sent by registered letter to Global Fairs. The cancellation date is the delivery date of this message.
  3. If we have received a cancellation up to 14 days after conclusion of the contract, the co-exhibitor must pay compensation in the form of a cancellation fee of 10% of the invoiced amount.
  4. If the cancellation is made up to 2 months before the start of the event, the cancellation fee is increased to 50% of the amount charged.

5. If the cancellation is made later than 2 months and up to 1 month before the start of the event, the full price must be refunded. Cancellation from one month before the start of the event is prohibited. This also applies to contracts concluded at short notice within these 4 weeks before the start of the event. If, in cases 7.4 and 7.5, Global Fairs manages to re-lease the stand space at standard conditions, it is only entitled to compensation from the co-exhibitor in the amount of 25% of the amount charged to it.

  1. The cancellation fee is waived if the co-exhibitor who has announced the stand is transferred in full to another company that meets the exhibitor criteria of Global Fairs
  2. Fulfilled, resold. Payments that have already been made will be charged. The co-exhibitor acknowledges that this compensation is justified to compensate for the costs incurred by Global Fairs and the organizer as well as compensation for the loss or delayed rental of the exhibition space to others.
  3. If the co-exhibitor does not pay the installments set out in the respective event contract, Global Fairs can cancel the reserved exhibition space without notice and the co-exhibitor may be held liable for any damage caused.

8. Warranty

  1. The legal provisions apply to the customer's rights in the event of material and legal defects, unless otherwise provided below.
  2. Insofar as the quality has not been agreed upon, it must be assessed in accordance with legal regulations whether there is a defect. We are not liable for public statements made by the manufacturer or third parties. Customary, minor or technically unavoidable deviations in quality, size and color are not considered a defect and cannot be objected to by our clients and customers.
  3. The customer must check the work and services provided by Global Fairs upon receipt, at the latest before use. If a defect is discovered during the inspection or later, the customer must immediately report this in writing. The complaint is considered immediate if it is made within two weeks, the timely sending of the notification being sufficient to meet the deadline. If the customer does not comply with his inspection obligation and/or does not report the defect in good time, liability for known defects, obvious deficiencies or subsequent defects is excluded.
  4. The customer must give us the opportunity and time necessary to complete the complaint and, upon request, hand over the complained goods for inspection purposes. In the event of a justified defect, Global Fairs is free to remedy the defect through repair or subsequent delivery. Our right to refuse repayment in accordance with legal provisions remains unaffected.
  5. We take responsibility for the information in brochures and other advertising media, in particular for the price impressions, as well as the pictorial and descriptive representations.
  6. We cannot guarantee the availability of the goods and services advertised in brochures and other advertising media as well as at trade fairs.
  7. We assume no liability for deficiencies caused by our contracted suppliers and our clients and customers in advertising projects.
  8. The suppliers assume responsibility for deliveries and services in accordance with legal regulations.

9. Liability We are only liable in cases of intent and gross negligence as well as other liability reasons that cannot be excluded under case law. Otherwise, our liability is excluded. Global Fairs is not obliged to check whether the documents and information provided by the customer for the provision of services may infringe or infringe the property rights of third parties. The customer undertakes to indemnify Global Fairs from any claims for compensation by third parties and to pay for all damage arising from the infringement of industrial property rights and to make advance payments upon request.

  1. All claims against us, irrespective of the legal basis, expire at the latest 12 months after transfer of risk to our partner, and non-mandatory legal provisions require otherwise.
  2. The above regulations and liability limitations also apply to vicarious and vicarious agents of Global Fairs.

10. Payment terms

  1. Any agreed monthly contributions and payments as well as advertising products and services ordered by our clients and customers can be collected by means of a debit procedure after prior agreement.
  2. Otherwise, our deliveries and services are payable without deduction immediately after receipt of the invoice, no later than 10 days from the date of invoice, unless otherwise agreed in writing.
  3. We are entitled to offset payments from our clients and customers against the oldest outstanding claim, even if the payment order from our partner or our other clients and customers states otherwise.
  4. The customer is only entitled to offsetting and retention rights to the extent that his claim is legally established or is undisputed.
  5. Should circumstances become known which, in our commercial judgment, make the creditworthiness of a client and customer appear doubtful, we are
  6. entitled to either withdraw from the contract or to make delivery or performance dependent on previous payment.
  7. In the event of late payment by our clients and customers, we are entitled to charge default interest of 8%. The assertion of higher damage caused by delay remains unaffected. Our clients and customers reserve the right to prove minor damage caused by delay.
  8. Before full payment of due invoice amounts, including interest and any costs, we are not obliged to make further deliveries and services under current contracts.
  9. The costs of late payment, a reminder and legal action, including all necessary measures (e.g. bank costs, collection of information, involvement of a collection agency), are borne by our client and customer.

11. Retention of title

  1. We reserve title to the delivered goods until all claims, including interest, to which we are entitled from the business relationship with our client have been paid.
  2. The client may transfer the reserved goods or service in normal business transactions. The client hereby assigns all claims arising from further sales, including any securities, to us in the amount of our purchase price claim. In the event that the reserved goods are sold together with other goods and services that do not belong to us, the assignment of claims arising from the resale in the amount of the value of the reserved goods applies.
  3. The client is entitled to collect claims from further sales until we withdraw it at any time. At our request, he is obliged to inform his customer of the assignment made in our favor and to provide us with the information and documents required for collection. In addition, we ourselves are also entitled to disclose the assignment to its customer at the client's expense. The assertion of retention of title is only valid as a withdrawal from the contract if we expressly declare this in writing.
  4. The pledge or collateral transfer of reserved goods to third parties is excluded. In the case of seizures, the client must express the retention of title and notify us immediately.
  5. In the event of late payment, suspension of payment, settlement or bankruptcy (insolvency application) filed by the client or a creditor, we are entitled — without prejudice to all further rights — to withdraw and otherwise exploit the reserved goods/service. The proceeds, deducting all expenses related to the sale, which we can invoice without special proof at 20% of the sale proceeds, unless the client proves to us that there is a lower loss, will be reimbursed to the client on his total liability: any surplus will be paid out to the client.
  6. If the value of the securities to which we are entitled exceeds the total claim against the client by more than 20%, we are obliged to release securities of our choice at the client's request.

Information on data processing; reference

The data collected as part of the business relationship is processed in accordance with the Federal Data Protection Act. The customer confirms that personal data provided by him or at the instigation of third parties is collected and processed in accordance with the relevant data protection regulations, that there are any necessary consents from data subjects and that the use of this data by Global Fairs as part of the order placed does not violate any of these provisions or exceeds any consent given.

Global Fairs is entitled to use its work products, as well as the customer's name and logo, free of charge for documentation, reference or self-promotion — even after termination of the contract.

Final provisions

Osnabrück is agreed as the place of fulfilment and place of jurisdiction. However, we are also entitled to appeal to the court competent for the registered office of our contractual partner.
The contractual relationships are exclusively subject to German law. In addition, the uniform UN sales law applies to foreign customers. Should a provision of these terms and conditions be or become ineffective, or should there be a gap in a contract concluded on the basis of these terms and conditions, this results in

not to the invalidity of the remaining provisions. Rather, there should be a provision which, within the scope of what is legally possible, comes closest to what the contracting parties wanted or would have wanted in accordance with the spirit and purpose of the contract, provided that they had complied with this point.