The following terms and conditions apply in addition to, or instead of the contractual obligations between AKZENTE Retail GmbH (referred to here as: AKZENTE) and its contractual partners (referred to here as: client) based applicable statutory provisions. They apply in the framework of an ongoing business relationship, even when they have not been in each case expressly agreed upon, or in the parameters of the contract conclusion no express reference is made to their applicability.
a) The client is committed not to headhunt freelance employees and other contractual partners, who are used by AKZENTE in the course of the contractual relationship with the client, who are not employees, but merchandisers who are particularly provided, not to induce them to terminate their collaboration with AKZENTE, not to recruit them and not to instruct them or hire them as employees. The client is also not allowed to use any third parties for this purpose. This obligation applies during the duration of the contractual relationship between the client and AKZENTE and for 24 months after completion of the contract period.
b) In the case of any violation of the foregoing obligation, the client is obliged to pay a contractual penalty to AKZENTE in the amount of 15.000,00 Euros. Each headhunting attempt, or alternatively, a recruitment or assignment of each employee of AKZENTE is considered as an infringement in this respect.
c) The client is also committed not to headhunt and recruit any employees from AKZENTE. This obligation applies during the contractual relationship between the client and AKZENTE and for 24 months after completion of the contract period. In the case of any violation of the foregoing obligation, the client is obliged to pay a contractual penalty to AKZENTE in the amount of 15.000,00 Euros. Each headhunting attempt, or alternatively, a recruitment of each employee of AKZENTE is considered as an infringement in this respect.
d) AKZENTE is entitled to claim for compensation in an amount that exceeds the contractual penalty amount.
a) The customer is obligated, to take delivery of the contractually agreed upon services of AKZENTE, for the duration of the agreed upon contract term, and to facilitate the rendering of those services and / or to comply with possibly existing cooperation duties in a complete and timely fashion.
b) AKZENTE will allow the customer to prematurely terminate the contract, by cancellation in writing with at least 8 weeks notice.
c) If the contractual remuneration (compensation) is calculated according to time and duration of the service or the contract period, then AKZENTE, in case of premature cancellation of the contract, as lined out under point b), remains entitled to the remuneration until the effective date of the cancellation. This equally applies in case of non acceptance of the services by the customer until the 8 week period has passed.
d) If the remuneration is not calculated according to duration or time period, AKZENTE retains claim on the full compensation, even in case of premature contract termination, or non acceptance of the services by the customer, however shall deduct from its remuneration the value of any savings realized by it as a result of the services not being provided or any proceeds AKZENTE realized, or maliciously failed to realize through otherwise deploying its services.
In case of cancellation, the following fees incur for the client:
a) The customer assumes the risk of legal admissibility of the services ordered from / provided by AKZENTE, as well as the promotional activities carried out. This applies in particular in the areas of patent -, copyright -, and trademark protection, third party rights, advertising and competition law.
b) Delivery dates and performance deadlines are principally tentative time specifications, unless such deadlines being specifically agreed upon as binding in writing. Even in this case AKZENTE does not enter into default if events, not under the control of AKZENTE, are the cause of the delay, or the delay is minimal in relation to the total agreed upon period of the service performance. If AKZENTE thereafter is held liable for damages suffered, the liability is limited by the amount of the contractual remuneration.
c) For damages, other than those due to injury of live, body and health AKZENTE is only liable if they were caused by willful intend or gross negligence by us or one of our various agents. The client’s contributory negligence, such as failing to point out risks, he has knowledge of, has to be taken into account.
d) In case the necessity arises, to arrange third party services for the purpose of contract implementation, these third parties are not considered agents of AKZENTE, within the contractual relationship. AKZENTE has no liability for damages caused by any third parties and inflicted upon the client. In turn AKZENTE cedes in advance any contractual or legal claims, which might arise from its contractual relationship with the third party, irreversibly to the client but will, if requested, endeavor to assist the client in case of an intended enforcement of a claim.
a) Place of performance and court of jurisdiction for disputes arising from this contract, to the extend legal arrangements are permitted, is Munich.
b) If not otherwise agreed upon, German law will apply to the contractual relationship exclusively.
c) In the event that a provision in these General Terms and Conditions should become fully or partially void or unenforceable this will not affect the enforceability of the remaining provisions. An invalid provision will, in the form of a supplementary interpretation of the contract, be replaced with a provision which comes as close as possible to fulfilling the commercial purpose which was intended with the invalid.
Munich, December 2017