Terms and Conditions (T&Cs)

ffor the use of sky-memories.eu

1. Scope of Application

1.1 These Terms and Conditions apply to all contracts concluded between Sky-Memories Real Estate Marketing(hereinafter referred to as the “Provider”) and customers via the web shop on the website https://sky-memories.eu.

1.2 Customers within the meaning of these Terms and Conditions include both consumers pursuant to Section 13 of the German Civil Code (BGB) and entrepreneurs pursuant to Section 14 BGB.

1.3 Deviating or conflicting terms and conditions of the customer shall not apply unless the Provider has expressly agreed to their validity in writing.

2. Subject Matter of the Contract

2.1 The Provider produces videos in accordance with the order, edits them and makes them available to the customer in digital form upon completion.

2.2 The specific scope of services results from the respective product description in the web shop.

3. Conclusion of Contract

3.1 The presentation of services in the web shop does not constitute a legally binding offer, but an invitation to place an order.

3.2 By placing an order, the customer submits a binding offer to conclude a contract.

3.3 The contract is concluded when the Provider accepts the customer’s offer by sending an order confirmation via email or by commencing performance of the service.

4. Delivery and Provision

4.1 Delivery is carried out exclusively in digital form, in the agreed file or video quality.

4.2 Delivery times result from the product description or an individual agreement.

5. Rights of Use

5.1 The customer receives a simple, non-exclusive, unlimited right in terms of time and territory to use the created video. The video may be used for private and/or commercial purposes.

5.2 Resale, editing or public performance is permitted only within the limits of statutory provisions or with the Provider’s explicit consent.

5.3 The Provider reserves the right to use any created video for its own marketing purposes. This includes, in particular, publication on the Provider’s own website, on social media platforms (e.g. Facebook, Instagram, TikTok, YouTube), in online advertising and in other marketing materials.

5.4 The customer may not prohibit the Provider from such use.

5.5 The granting of these rights applies to both parties without limitation in time.

5a. Identification by Provider Logo

5a.1 The Provider is entitled to visibly integrate its company logo into all created videos.

5a.2 The logo may appear throughout the entire video, in individual sequences and/or exclusively in the credits. The specific design is at the Provider’s discretion.

5a.3 The customer expressly acknowledges that removal, concealment or modification of the logo without prior written consent of the Provider is not permitted.

5a.4 Upon the customer’s request, an alternative design of the logo integration may be agreed. Additional costs may apply.

6. Prices and Payment Terms

6.1 All prices stated in the web shop include statutory value-added tax (VAT), where applicable.

6.2 Payment is made using the payment methods offered during the ordering process.

6.3 The remuneration is due immediately upon conclusion of the contract, unless otherwise agreed.

7. Right of Withdrawal for Consumers

7.1 Consumers generally have a statutory right of withdrawal.

7.2 In the case of individually created digital content (such as personalized videos), the right of withdrawal expires prematurely once the Provider has begun performance of the service after the customer has expressly consented and confirmed that they lose their right of withdrawal upon commencement of performance.

7.3 Detailed withdrawal instructions are provided to the customer during the ordering process.

8. Warranty and Liability

8.1 The statutory warranty rights apply.

8.2 The Provider is liable without limitation in cases of intent and gross negligence.

8.3 In the event of a slightly negligent breach of duty, the Provider shall be liable only for damages resulting from injury to life, body or health, as well as for damages arising from the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage.

8.4 Any further liability is excluded.

9. Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR platform):
https://consumer-redress.ec.europa.eu/

9.2 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 If the customer is a consumer, this choice of law applies only insofar as it does not deprive the customer of mandatory consumer protection of the state in which the customer has their habitual residence.

10.3 The place of jurisdiction shall be the Provider’s registered office, insofar as legally permissible.

10.4 Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.