General Terms and Conditions (GTC) of YASEEN Design und Druckservice
1. Scope
These General Terms and Conditions (GTC) apply to all contracts, services and offers between YASEEN Design und Druckservice (hereinafter the “Contractor” or “we”) and the customer (hereinafter the “Customer” or “you”). Deviating terms and conditions of the customer become part of the contract only if we have expressly agreed to them in writing.
2. Subject matter
2.1 Scope of services: We provide services in the field of graphic design and printing. This includes in particular the concept and design of advertising materials (e.g., logos, menus, flyers) and the organization of printing of the designed materials. In addition, digital communication services and automated bot functions via messaging platforms (e.g., WhatsApp) may be used, such as for transcription of voice messages, automated responses or forwarding.
2.2 Use of third‑party services: The customer agrees that we may use technical services of third parties to provide certain automated bot functions (e.g., external speech recognition services). Details on the processed data, legal bases, storage periods and the rights of data subjects are set out in our privacy policy in its current version. Customer consent may be obtained interactively (e.g., via a WhatsApp button) and may be withdrawn at any time. In the event of withdrawal, certain automated functions may be limited or no longer available.
3. Contract conclusion
3.1 Offer and acceptance: Our offers (quotations) are non‑binding and intended solely for the respective inquirer. A contract is concluded as soon as the customer expressly accepts an offer (e.g., by email or WhatsApp) and we confirm acceptance. Upon confirmation (also by email or WhatsApp), the order is deemed binding.
3.2 Confidentiality of the offer: Our offers and quotations may not be passed on to third parties without our express consent, especially not to competitors. They are intended exclusively for the addressed customer.
4. Customer cooperation & content responsibility
4.1 Duty to cooperate: The customer undertakes to provide all information, materials and content required for order execution (e.g., texts, images, logos, product details) completely, correctly and in due time. If performance is delayed due to missing or late cooperation by the customer, agreed deadlines are extended accordingly.
4.2 Content responsibility: The customer is solely responsible for ensuring that the provided content does not infringe third‑party rights and does not violate applicable law. The customer warrants that they hold all copyright, usage or trademark rights in the materials provided or are otherwise entitled to use them. If YASEEN Design und Druckservice is held liable by third parties due to customer‑provided content (e.g., copyright or data‑protection infringements), the customer shall indemnify us against all claims.
4.3 Data from restaurant and food clients: Customers in the gastronomy or food sector must provide correct and up‑to‑date information on ingredients, allergens and additives of their products. The customer bears the primary responsibility to inform their end customers about allergens and additives and to comply with all relevant food‑law regulations. YASEEN Design und Druckservice is not obliged to verify the accuracy of the information provided. In case of health issues of end customers or legal disputes due to incorrect information or non‑compliance with food regulations, only the customer shall be liable.
4.4 Print files provided by the customer: If the customer provides their own finished design or print files, these must comply with our technical specifications communicated in advance. We only check customer‑provided files for obvious format errors or technical unusability (e.g., incorrect dimensions) for printing and assume no responsibility for content errors in such files or quality deviations in the print result attributable to the customer’s file. The customer must ensure that color design and all content in the delivered files are correct; we are not liable for any color deviations or content defects resulting from the customer’s file.
5. Prices and payment terms
5.1 Prices: Our prices are based on the price list valid at the time of contract conclusion or the individual offer. Unless otherwise stated, all prices are in euros plus statutory VAT.
5.2 Payment due date: Invoices are due immediately without deduction unless otherwise agreed. Payment can be made by bank transfer or other payment methods stated in the offer or order confirmation.
5.3 Deposits and partial payments: We reserve the right to agree on partial payments or deposits. In particular, a deposit of, for example, 30% of the total amount and/or a flat initial partial payment (e.g., €60) may be due before work starts to cover initial concept work. The exact payment plan is defined in the offer. The customer is obliged to pay the agreed (partial) amounts on time, otherwise we are entitled to suspend work until payment is received.
5.4 No discount & cancellation: Set‑off against our claims or withholding of payments by the customer is only permitted with undisputed or legally established counterclaims. If the customer cancels the order after we have already started performance or created a first design draft, any refund of deposits is excluded. In particular, already paid initial partial amounts (such as a concept fee) or agreed deposits serve to cover the work performed to date and are non‑refundable.
Clarification: The first partial payment of €60 is a non‑refundable concept fee that compensates for consulting and documentation services already provided.
5.5 Remaining balance and default: If a remaining balance is still outstanding after delivery, it must be paid no later than 30 days from the invoice date unless a shorter period is agreed. If the deadline is exceeded, the customer is in default. In case of default, we are entitled to suspend further performance. If the customer is still in default with payment of the remaining balance within a grace period of 15 days after completion of the design, we may unilaterally terminate the contract. In this case, a final statement will be issued for services already rendered: payments received are booked as compensation for the design work. Unpaid design drafts or files must be deleted immediately by the customer; there is no entitlement to final design files or further services. The customer is responsible for avoiding interruption or termination by timely payment.
5.6 Payment plan by order value:
–
€60–€180: remaining balance after final design approval.
– >€180: three phases: €60 before start +
30 % after document creation and before design
start + balance (70 %) after final design
approval.
5.7 Customer inactivity / automatic termination: If the customer does not pay the second rate (30 %) or does not respond substantively within 30 days from the invoice date, the order is deemed automatically cancelled. A final statement will be issued for services already rendered; the paid €60 is booked as compensation for conceptual work. A final payment reminder is sent after 15 days (WhatsApp/email). No files will be released in this case.
5.8 Payment default: In case of default, default interest applies pursuant to § 288 BGB (consumers: base rate + 5 pp, B2B: base rate + 9 pp). In B2B cases, an additional late‑payment fee of €40 under § 288(5) BGB applies.
6. Changes and revisions
6.1 Initial draft and first correction: After order placement and receipt of any agreed deposit, we create an initial design draft in accordance with the agreed specification. One revision/correction loop to adapt the draft to the customer’s wishes is included in the price. The customer must communicate any change requests within 5 days of receiving the draft to benefit from the free revision. Orthographic or obvious spelling errors in the design will be corrected free of charge.
6.2 Further change requests: Additional changes or revisions beyond the first free correction are chargeable. Extensive adjustments, additional design variants or new drafts after the first correction round are billed on an hourly basis. Our current hourly rate for design services is €60 net per started hour unless a flat fee is agreed.
6.3 Extensive design adjustments: If further design changes are required after the first revision that affect multiple design elements or involve a fundamental redesign, these changes will be carried out only in direct collaboration with the customer, e.g., in a live session via screen sharing (Google Meet or similar). During such a session, the first hour of design adjustment is free; each additional started minute is charged at €1. This approach ensures that extensive change requests are implemented efficiently and in the customer’s interest.
6.4 Deadline for change requests: The customer must submit all change requests within 5 days of receiving the respective design draft. If changes are requested only after this period or after final acceptance, we may refuse implementation or make it contingent on separate remuneration at our discretion. Delays caused by late change requests may lead to additional costs based on the prices valid at the time of final invoicing.
7. Use of external service providers
YASEEN Design und Druckservice is entitled to involve external freelance designers or service providers for contract execution. This is done especially for specialized services or high workload. Only information and materials necessary to fulfill the respective order are shared with external providers. External providers are contractually bound to confidentiality and to compliance with applicable data‑protection regulations. Our responsibility toward the customer remains unaffected; we remain the contractual partner for proper performance.
8. Delivery and acceptance
8.1 Delivery of the design: The final design results (e.g., final graphics or print layouts) are usually delivered digitally, e.g., by email or via an agreed messaging service (e.g., WhatsApp). The customer must review the delivered design immediately. Any defects or deviations from the agreed service must be reported within a reasonable period. If no such notice is given and the customer does not raise objections within 5 business days, the delivered design is deemed accepted. Upon acceptance, the customer’s right to request further changes under the contractual performance obligation ends, without prejudice to warranty claims for defects.
Legal basis: § 640(2) BGB (deemed acceptance).
8.2 Forwarding to print shops: The customer agrees that we may pass the final design and necessary information (e.g., print specifications, quantity, delivery address) to trusted print partners to execute the agreed printing. This transfer is made only for contract fulfillment and in compliance with data protection (see also clause 16). Our print partners are contractually obliged to use the transmitted data only for order execution and to keep it confidential.
8.3 Partial deliveries: If the customer requests partial delivery of ordered printed materials (e.g., only part of a total run in advance), this is possible only after full payment of the total order value. Delivery of partial quantities before full payment is excluded.
9. No refund after project completion
If the customer has accepted the final design and paid the agreed remuneration, there is no entitlement to a refund. In particular, rescission of the contract due to a change of mind or reasons outside our sphere is excluded. Statutory claims of the customer remain unaffected, e.g., in case of defects (see warranty in clause 14) or a possible statutory right of withdrawal for consumers (see clause 17).
10. Early termination by the customer
10.1 Termination option: The customer may terminate the contract before completion of the agreed services at any time. Such termination must be declared to YASEEN Design und Druckservice in text form (e.g., by email or written WhatsApp message).
10.2 Settlement up to the termination date: In case of early termination, services rendered and working hours incurred up to that time are invoiced to the customer on a pro‑rata basis. Deposits or partial payments already made are credited. If the payments made do not cover the services rendered, we issue a final invoice for the remaining difference. If payments exceed the value of the services rendered, we will refund the excess or credit it for future orders by agreement.
10.3 No entitlement to delivery before payment: The customer is entitled to receive the partial services or designs created up to that time only after full payment of the remuneration billed under clause 10.2. Until all outstanding amounts are paid, all work results remain our property and may not be used by the customer.
10.4 No release of original files: The customer has a right to editable original files (e.g., Photoshop, InDesign files) only if expressly agreed in advance and, unless otherwise stipulated, against separate remuneration. Otherwise, the customer receives the designs created up to termination in a format sufficient for the agreed purpose (e.g., print‑ready PDF).
10.5 Waiver of completion: By terminating early, the customer waives completion of the originally agreed scope of services. After receipt of the termination notice, we are not obliged to provide further design work or services unless otherwise agreed.
10.6 No full reimbursement: Payments made in advance or during the project are considered compensation for partial services already rendered and are not fully refundable. In particular, the initial partial payment agreed at project start (e.g., €60 concept fee) and any 30% deposit cover our efforts for consulting, concept and design work up to that point and are not refunded in case of project cancellation (unless they exceed the value of services rendered – see clause 10.2). These provisions apply in addition to our other contractual and statutory rights.
11. Usage rights and copyright
11.1 Copyright: All drafts, clean copies, graphics and other creative services created by us are protected as intellectual creations under copyright law. Copyright generally remains with the executing designer or with YASEEN Design und Druckservice.
11.2 Granting of usage rights: Upon full payment of the agreed remuneration, we grant the customer the usage rights to the design services provided to the extent required for the agreed purpose. Unless otherwise agreed, the grant is a non‑exclusive right of use unlimited in time and territory for the customer’s intended uses (e.g., printing and publication of materials for the customer’s own marketing). Any further use (e.g., editing, transfer to third parties outside the intended purpose, or other commercial exploitation) requires our express consent unless mandatory law provides otherwise.
11.3 Transfer of rights subject to payment: Until full payment of the total order value, all rights to the services provided remain with us. Only after payment is received does the customer acquire the rights under clause 11.2. If the customer defaults on payment or the contract is terminated early (see clause 10), we are entitled to prohibit use of drafts or designs already provided.
11.4 Reference right: We reserve the right to use designs and works created for the customer for self‑promotion (e.g., as a reference on our website, in portfolio presentations or on social media). This is done while safeguarding the customer’s legitimate interests. If the customer does not agree in a particular case (e.g., due to confidentiality reasons or until an official publication), they must notify us in writing no later than acceptance of the work.
12. Provision of editable files
12.1 Not included as standard: As a rule, we deliver our work results in final formats (e.g., print‑ready PDF files, high‑ resolution image files). Open, editable original files (e.g., AI, PSD, INDD files) are not part of the delivery unless expressly agreed otherwise. This is because, in the interest of a consistent quality standard, we generally handle further editing and adjustments ourselves.
12.2 Release of open files for a fee: If the customer wishes to receive editable original files or print‑ready raw data, this requires prior agreement and may involve an additional charge. The amount of such additional remuneration depends on the type and scope of the project and is communicated in advance. The files are delivered only after payment of the agreed additional fee. Upon delivery, the customer may use the files within the scope of the granted usage rights; transfer to third parties or modifications by third parties are permitted only to the extent of the transferred usage rights (see clause 11.2).
13. Warranty
13.1 Notice of defects: Obvious defects or errors in delivered goods (printed products) or digital services must be reported in writing within 5 business days after delivery. Hidden defects must be reported immediately after discovery. Otherwise, the delivered goods and services are deemed approved.
13.2 Warranty rights: If a defect exists and was reported in time, the customer has statutory warranty rights. The customer may first request subsequent performance, i.e., at our choice, remedy of the defect or replacement delivery. If subsequent performance fails or is unreasonable, the customer may reduce the price or – in the case of material defects – withdraw from the contract and claim damages within the limits of liability (see clause 15).
13.3 Warranty period: For consumers, the statutory warranty period is two years from delivery. If the customer is an entrepreneur within the meaning of § 14 BGB, the warranty period is one year from delivery. This limitation does not apply in cases of gross negligence or intent, for damages to life, body or health, or where we fraudulently concealed a defect.
14. Limitation of liability
14.1 Unlimited liability: We are liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty committed with intent or gross negligence by us, our legal representatives or vicarious agents. We are also liable without limitation under the Product Liability Act and in the case of an express guarantee or assurance given by us, if a defect covered by it triggers our liability.
14.2 Limited liability for simple negligence: In case of property or financial damages caused by simple negligence, we are liable – subject to clause 14.1 – only for breach of essential contractual obligations (so‑called cardinal obligations). Essential obligations are those whose fulfillment enables proper performance of the contract and on which the customer may regularly rely. In such cases, our liability is limited to the foreseeable, typical damage at the time of contract conclusion.
14.3 Exclusion of liability: In all other cases of simple negligence, we are not liable. In particular, we are not liable for loss of profit, indirect damages or consequential damages not caused to the delivered service itself, or for damages caused by faulty templates or information provided by the customer.
14.4 Contributory negligence and data loss: Any contributory negligence of the customer (e.g., insufficient cooperation or inaccurate information, violation of clause 4) may reduce or exclude our liability in accordance with statutory provisions. For data loss at the customer, we are liable only for the recovery effort that would have arisen if backups had been made regularly and in line with the risk.
14.5 Limitation period: Claims for damages by the customer that are not based on intent are time‑barred within one year from the start of the statutory limitation period if the customer is an entrepreneur. For consumers, statutory limitation periods apply.
Note: The above limitations of liability apply only to the extent legally permissible. Any further limitation of liability in favor of the contractor, especially towards consumers, does not apply if it would be legally invalid.
15. Data protection and confidentiality
15.1 Data collection and processing: We collect, process and use the customer’s personal data exclusively in accordance with applicable data‑protection laws. Details of data processing are set out in our privacy policy, which is made available to the customer when initiating the contract. By concluding the contract (or by active consent when accepting the offer), the customer confirms having taken note of our privacy policy and consents to the data processing described therein where it is based on consent.
15.2 Data transfer for contract performance: The customer agrees that we may pass on personal data and project‑related information, as required, to external service providers involved in order processing (e.g., printers, shipping providers, IT service providers). We limit shared data to the necessary minimum (data minimization). All external service providers are contractually obliged to treat the data confidentially and to use it exclusively for contract fulfillment (see clauses 7 and 8.2). If the customer does not agree to a specific data transfer in individual cases, they must notify us in writing. However, we note that without consent to necessary data transfers, some services may not be provided or may only be provided in limited form (e.g., delivery of printed products to your address).
15.3 Confidentiality: Both parties undertake to treat all business and personal information of the other party obtained in the course of the contractual relationship as confidential. This obligation continues after termination of the contract. Excluded from this confidentiality obligation are information that is publicly accessible without breach of this obligation or that must be disclosed due to legal requirements.
16. Right of withdrawal for consumers
16.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion; for delivery of goods it begins on the day on which you or a third party named by you (who is not the carrier) takes possession of the goods.
16.2 Exercising the right of withdrawal
To exercise your right of withdrawal, you must inform us (YASEEN Design und Druckservice, Arndtstr. 9, 99880 Waltershausen, Email: info@yaseendesignservice.de) by means of a clear statement (e.g., a letter or email) of your decision to withdraw from this contract. You may use the sample withdrawal form below, but it is not mandatory. To meet the deadline, it is sufficient to send the withdrawal notice before the withdrawal period expires.
16.3 Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notice of your withdrawal. We will use the same payment method you used for the original transaction unless expressly agreed otherwise.
For goods, we may withhold the refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier. You must return the goods without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. You bear the direct cost of returning the goods unless otherwise agreed.
16.4 Exclusion and expiry of the right of withdrawal
- Customized goods (§ 312g(2) No. 1 BGB): There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for which individual selection or determination by the consumer is decisive or that are clearly tailored to the consumer’s personal needs (e.g., customized print products).
- Services (§ 356(4) BGB): For service contracts, the right of withdrawal expires if the service has been fully performed and the consumer has expressly agreed that we begin performance before the withdrawal period expires and confirmed their knowledge that they lose the right of withdrawal upon full performance.
- Digital content (§ 356(5) BGB): For contracts for the supply of digital content not on a tangible medium, the right of withdrawal expires if we have begun performance after the consumer has expressly agreed to begin before the withdrawal period expires and confirmed their knowledge that they lose the right of withdrawal by their consent; additionally, we provide a confirmation on a durable medium.
16.5 Model withdrawal form (Annex 2 to EGBGB)
(If you want to withdraw from the contract, please fill out this form and send it back.)
To:
YASEEN Design und Druckservice
Arndtstr. 9, 99880 Waltershausen
Email: info@yaseendesignservice.de
I/We (*) hereby withdraw from the contract concluded by me/us (*)
for the purchase of the following goods / the provision of the
following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notified on paper):
Date:
(*) Delete as appropriate.
17. Changes to the GTC
We reserve the right to amend or supplement these General Terms and Conditions in the future. We will notify existing customers with an ongoing contractual relationship of changes in due time and in an appropriate manner (e.g., by email or on our website). If the customer does not object to such changes within 6 weeks of notification in text form, the amended terms are deemed accepted. We will expressly point out the significance of silence in the change notice. For individual orders and contracts already concluded, the GTC valid at the time of contract conclusion apply, unless a change is legally required or mandated by authorities.
18. Force majeure
We are not liable for delays or non‑performance of obligations if they are due to circumstances beyond our reasonable control. This includes force majeure, official orders, natural disasters, epidemics/pandemics, war, terrorist acts, significant operational disruptions (e.g., fire, flooding) or labor disputes (strike, lockout) at us or our suppliers. For the duration of such impediments, we are released from our performance obligations and agreed deadlines are extended accordingly. If such disruptions last longer than 2 months, both parties are entitled to withdraw from the contract. Already provided consideration will be refunded in this case.
19. Final provisions
19.1 Governing law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For contracts with consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the law of their habitual residence.
19.2 Jurisdiction: If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is the registered office of YASEEN Design und Druckservice. However, we are also entitled to sue the customer at their general place of jurisdiction. Otherwise, statutory provisions apply. The place of jurisdiction is the provider’s seat where legally permissible.
19.3 Contract language: The contract language is German. If we provide these GTC or other contractual documents in another language, this is for understanding only. In case of interpretation, the German original text shall prevail.
19.4 Text form clause: Legally relevant declarations and notices made by the customer to us or a third party require text form (e.g., email) or written form, unless expressly stated otherwise in these GTC. There are no oral side agreements.
19.5 Severability clause: Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision that comes closest to the economic purpose of the invalid provision shall replace it. The same applies to any contractual gaps.