UGCMarkt - Gabrielyan Lianna & Steiner Zsofia GbR
Please note: This English version is provided for convenience only. The legally binding version is the German AGB (Allgemeine Geschäftsbedingungen). In case of any discrepancy between the English and German versions, the German version shall prevail.
UGCMarkt - Gabrielyan Lianna & Steiner Zsofia GbR
Max-Planck Str. 4a, 82008 Unterhaching, Germany
E-Mail: inquiries@ugcmarkt.de
Website: www.ugcmarkt.de
(1) These Terms and Conditions apply to all business relationships between the provider (UGCMarkt GbR - Gabrielyan Lianna & Steiner Zsofia) and its customers.
(2) Customers are categorized as follows:
(3) Deviating terms and conditions of customers shall only apply if expressly agreed to in writing by the provider.
(4) For all business relationships other than online purchases (e.g., portfolio audits), individual agreements shall apply and take precedence over these Terms and Conditions.
(5) These Terms and Conditions apply irrespective of the communication channel used, including but not limited to email, telephone, WhatsApp, or online forms.
(1) The presentation of services on the website or in offers is non-binding.
(2) A contract is concluded as follows:
(1) The specific services are defined in the respective contract, order, or project briefing.
(2) These Terms and Conditions contain no guarantees of success; results depend on the customer's efforts and prevailing market conditions.
(3) Prices and VAT:
(1) Customers shall provide all materials, information, access credentials, or other resources required for performance in a timely manner.
(2) Customers warrant that they hold the necessary rights to the materials provided.
(3) For Clients and Audit Creators: complete and accurate documentation is a prerequisite for service provision.
(4) For Freelancer Creators: compliance with the briefing and technical specifications is mandatory.
(1) Ownership of delivered materials remains with UGCMarkt GbR until full payment of the agreed remuneration has been received (retention of title).
(2) Upon full payment or project acceptance, the agreed usage rights to the content are transferred to the client.
(3) Use of the content is permitted exclusively within the agreed scope of services; transfer or use by third parties requires prior written consent from UGCMarkt GbR.
(1) Feedback materials (e.g., portfolio audits) remain the property of UGCMarkt GbR.
(2) Audit Creators receive the content for personal use only.
(3) Distribution, reproduction, or public use by Audit Creators is only permitted with prior written consent from UGCMarkt GbR.
(1) Upon acceptance of the delivered work or project approval, all usage rights to the content are transferred to UGCMarkt GbR.
(2) UGCMarkt GbR is entitled to transfer the content to clients.
(3) Freelancer Creators warrant that they hold all necessary rights to the delivered materials, do not infringe third-party rights, and that all music, images, or other content used are either royalty-free or properly licensed.
(1) The provider shall be liable without limitation in cases of intent or gross negligence.
(2) In cases of slight negligence, liability shall be limited to essential contractual obligations (cardinal obligations).
(3) No liability shall be assumed for indirect damages, loss of profit, or business success.
(4) Freelancer Creators shall indemnify the provider against third-party claims if content infringes third-party rights.
(5) The provider assumes no liability for damages caused by force majeure.
(1) Personal data is processed in accordance with our Privacy Policy.
(2) All submitted materials shall be treated confidentially; optional anonymized use for internal testing or presentations is permitted unless contractually excluded.
(1) Clients: anonymized projects or logos may be used as references unless otherwise agreed.
(2) Audit Creators: only with explicit consent.
(3) Freelancer Creators: anonymized examples may be used as references only if contractually agreed.
(4) This applies to the provider's website, social media, and other marketing materials.
(1) Right of Withdrawal: Consumers have the right to withdraw from the contract for the portfolio audit service within 14 days without stating reasons. The withdrawal period is 14 days from the date of contract conclusion (e.g., confirmation email/Stripe receipt).
(2) Early Expiry of the Right of Withdrawal: The right of withdrawal expires prematurely if the service has been fully performed before the withdrawal period expires, provided that the customer has expressly consented (§ 356 para. 4 German Civil Code - BGB).
(3) Withdrawal Procedure: Withdrawal must be declared in writing, e.g., via email to: inquiries@ugcmarkt.de.
(4) Consequences of Withdrawal: In the event of a valid withdrawal, payments already made shall be refunded within 14 days, provided that no consideration (e.g., completed audit) has already been fully delivered.
(5) Online Dispute Resolution (ODR): The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(1) Contract language: German
(2) Applicable law: Germany
(3) Place of jurisdiction: Munich (to the extent permitted by law)
(4) Severability clause: The invalidity of individual provisions shall not affect the validity of the remaining provisions.
(5) Amendments to these Terms and Conditions will be communicated at least 30 days in advance.