General Terms and Conditions (GTC) for

New Moon Design | Website Studio by Karolin Werminghoff

1. scope of application

(1) These General Terms and Conditions (GTC) apply to all contracts between New Moon Design | Website Studio by Karolin Werminghoff, Witellikerstrasse 16a, 8702 Zollikon, hello@newmoon-design.com (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer") for the provision of website design services.

(2) The GTC apply to all services of the provider, in particular to the development, design and maintenance of websites.

(3) Deviating conditions of the customer are only recognized if the provider expressly agrees in writing.

2. conclusion of contract

(1) The contract is concluded when the customer accepts the provider's offer. The offer can be made by written confirmation or by accepting a binding offer on the provider's website.

(2) The supplier is entitled to confirm the offer within 7 days of receipt of the order.

3. services of the provider

(1) The Provider shall provide the agreed services in accordance with the respective contract or offer, such as the design, development and implementation of websites.

(2) The provider undertakes to provide the agreed services in accordance with the current state of the art and the applicable legal provisions.

4 Prices and payment

(1) The prices for the provider's services are based on the amount stated in the offer or contract.

(2) Unless otherwise agreed, payments are due without deduction within 14 days of invoicing.

(3) In the event of late payment, the provider reserves the right to charge reminder fees and to suspend the provision of services until the outstanding amount has been paid.

5. rights to the content created

(1) The provider grants the customer a simple, non-transferable right to use the website created and the associated content (e.g. designs, texts, graphics) within the scope of the purpose of the contract.

(2) The provider reserves all copyrights and other intellectual property rights to the content created by him, unless expressly agreed otherwise.

6. data protection

(1) The provider collects, processes and uses the customer's personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and the Swiss Data Protection Act (DSGV).

(2) Further information on data processing and the rights of the customer can be found in the provider's privacy policy.

(3) The provider undertakes to treat all personal data confidentially and to process it only within the scope of the contractual relationship.

7. liability

(1) The provider is liable for damages resulting from an intentional or grossly negligent breach of duty. In the event of slight negligence, the provider shall only be liable for damages arising from the breach of essential contractual obligations, but limited to the foreseeable, typically occurring damage.

(2) The provider is not liable for damages resulting from the use of software provided by third parties.

8. right of withdrawal

(1) If the contract was concluded with the customer via distance selling (e.g. online order), the customer has the right to withdraw from the contract within 14 days without giving reasons.

(2) The right of withdrawal does not apply to contracts for the provision of services that have already been fully performed and for which the customer has expressly agreed that the performance of the service will begin before the end of the withdrawal period.

9. final provisions

(1) The law of Switzerland shall apply, even if the customer is domiciled outside this country.

(2) The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the provider, provided that the customer is a merchant or a legal entity under public law.

(3) Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.