I. Scope

1 These general terms and conditions (hereinafter referred to as „GTC“) apply to all contract productions carried out by hypetwin GmbH, Röntgenstraße 20b, 21493 Schwarzenbek (hereinafter: „hypetwin“), as well as all related offers, deliveries, and services.

2 The general terms and conditions of hypetwin apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if hypetwin has expressly agreed to their validity. This requirement of consent applies in every case, for example, even if hypetwin performs the service unconditionally with knowledge of the customer’s terms and conditions.

3 Unless otherwise agreed, these GTC apply in their current version at the time of contract conclusion or at least in the last text form communicated by hypetwin as a framework agreement for similar future contracts, without the need for hypetwin to refer to them again in each individual case.

II. Offer & Contract Conclusion

1 All offers from hypetwin are non-binding and subject to change unless they are explicitly marked as binding or contain a specific acceptance period. Orders or assignments can be accepted by hypetwin within fourteen days after receipt.

2 The dispatch of goods or the execution of the commissioned services constitutes acceptance.

III. Delivery and Payment Terms

1 The service is delivered in the agreed format. If no format is specified, delivery is made in a standard format determined by hypetwin. If the creation of a 3D model is only intended to enable further services, no separate delivery of the 3D model will take place. Open data and files will only be provided against a corresponding buy-out.

2 The agreed remuneration is due for immediate payment upon conclusion of the contract, unless explicitly agreed otherwise. Billing is based on project progress. hypetwin is explicitly entitled, at its own discretion, to issue partial invoices according to the progress of the project.

3 The delivery times and deadlines specified by hypetwin are non-binding unless explicitly agreed otherwise.

4 If the customer is in default of payment, hypetwin is entitled to demand default interest at the statutory rate. The assertion of further damages caused by delay remains unaffected.

IV. Contract Productions

1 hypetwin is entitled to have the services owed by it provided by third parties at its own discretion. The customer has no claim to production being carried out by specific persons.

2 If no written complaints regarding defects have been received by hypetwin within two weeks after delivery of the 3D models, the 3D models are deemed to be accepted as contractually compliant and free of defects.

3 hypetwin is entitled to use the customer’s logo, the 3D model, and other material as a reference, in particular for its company website and print publications.

4 Both parties undertake to treat all information received within the scope of the contractual relationship confidentially and not to disclose it to third parties unless there is a legal obligation to disclose.

V. Provided 3D Models & Services

1 These GTC apply to any 3D models and services provided to the customer, regardless of their stage of creation or technical form. They particularly apply to electronically or digitally transmitted 3D models and services.

2 The customer acknowledges that the 3D models and services delivered by hypetwin are copyrighted works.

3 Design proposals or concepts commissioned by the customer are independent services and must be paid for separately unless expressly agreed otherwise.

4 The provided 3D models and services remain the property of hypetwin, even if compensation is paid for them, unless the customer is a consumer. If the customer is a consumer, ownership of the 3D models and services transfers upon full payment of all claims arising from the underlying contract.

5 The customer must handle the 3D models and services carefully and may only pass them on to third parties for internal business purposes of review, selection, and technical processing.

6 Complaints concerning the content of the delivered material, its quality, or condition must be reported within two weeks after receipt. Otherwise, the 3D models and services shall be deemed properly and contractually received as listed.

VI. Usage Rights

1 Unless explicitly agreed otherwise, hypetwin grants the customer usage rights to the delivered 3D models and services under the following conditions:

a) The customer is granted a simple right of use for one-time use of the 3D models and services for the purpose specified by the customer, in the publication and in the medium or data carrier specified by the customer, or as evident from the circumstances of the order. Online publications or inclusion in digital databases are, unless otherwise agreed, limited to the duration of the publication periods of the corresponding or a comparable print object.

b) The right to use the 3D models and services by hypetwin as per section 3 remains unaffected.

2 Exclusive usage rights, media-specific or territorial exclusivity rights, or embargo periods must be separately agreed upon through buy-outs.

3 Notwithstanding the granted usage rights, hypetwin is entitled to use the 3D models and services for self-promotion free of charge. By concluding the contract, the customer explicitly consents to promotional use on hypetwin’s company websites and social media profiles.

VII. Liability

1 hypetwin is liable for damages caused by it or its vicarious agents only in cases of intent and gross negligence. This does not apply to injuries to life, body, or health, claims due to the violation of cardinal obligations, and compensation for delay damages (§ 286 BGB).

2 hypetwin assumes no liability for the infringement of rights of depicted persons or objects unless hypetwin has explicitly guaranteed this in a corresponding release statement.

VIII. Fees

1 The agreed fee applies. If no fee has been agreed, it is determined according to the current fee schedule of the Mittelstandsgemeinschaft Foto-Marketing (MFM).

2 The agreed fee compensates for the use of the 3D model and the services provided according to Section VI.

3 Costs incurred during the project, such as material costs, model fees, and travel expenses, are not included in the fee and shall be borne by the customer.

X. Confidentiality

Both parties undertake to treat all information received in the context of the contractual relationship confidentially.

XI. General Provisions

1 The law of the Federal Republic of Germany applies, even in the case of international deliveries.

2 Any verbal or written collateral agreements do not exist.

3 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.

4 The place of performance and jurisdiction, if the customer is a merchant, is the registered office of hypetwin.