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GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Subject matter of the contract
1.1 The following general terms and conditions (GTC) apply to customers who have purchased services/construction work of any kind from DirtWays GmbH.
1.2 Customers within the meaning of Section 1.1 are private individuals, companies, associations and government institutions.
1.3 The contract is concluded between the customer and the company DirtWays GmbH , represented by Maximilian Gast, Niederndorfer Hauptstraße 24, 91074 Herzogenaurach.
1.4 Differing general terms and conditions of the customer will not be recognized unless DirtWays GmbH expressly agrees to their validity in writing.
1.5 The basis for all fees and other billing amounts is exclusively the current fee regulations of DirtWays GmbH, which are available on request. All prices on the DirtWays website, flyers or tenders are for guidance only.
§ 2 Terms of Payment/Remuneration
2.1 The fee for the services/construction work of DirtWays GmbH is based on the current prices, which are set out in the respective support contract or which have been individually agreed upon with the customer and DirtWays GmbH.
2.2 Payment of the invoice amount for all services/construction work is made by invoice. The customer receives a written invoice from DirtWays GmbH and/or an online invoice by email, which must be paid without deductions within 14 days of the invoice being issued. Deposits may be due after the offer has been signed. The customer can find details on the individual offer.
2.3 If additional costs such as travel, tool material, additional work or other costs arise due to the services/construction work, these must be borne in full by the customer. This also applies to all costs incurred by DirtWays GmbH in this context.
2.4 For all services, the travel costs incurred by DirtWays GmbH of €0.55 plus VAT per kilometer driven must be borne by the customer. 20km are included per service/construction service unit. The start of each journey is the company location of DirtWays GmbH, Niederndorfer Hauptstr. 24, 91074 Herzogenaurach.
2.5 If additional work is required during an order, DirtWays GmbH must inform the customer and, if necessary, adjust the current offer. If the customer does not agree to this, this can lead to an inferior result.
§ 3 Conclusion of contract/booked services
3.1 For each request, the customer receives an individual offer to sign. After signing, the customer receives an order confirmation. A deposit may be required and is clearly stated in the offer. An invoice will be sent after completion of the service/construction work.
3.2 A purchase contract for the service/construction work comes into effect as soon as the offer is signed.
§ 4 Liability
4.1 DirtWays GmbH is not liable for damages caused to third parties or to the client during the service/construction work. DirtWays UG GmbH is only liable for its own fault or gross negligence. In principle, any liability is excluded if the customer does not follow the instructions of DirtWays GmbH. After completion of the service/construction work, DirtWays GmbH is not liable for any kind of damage at any time.
4.2 If services are provided in rooms and with the means of third parties, DirtWays GmbH is also not liable for this. This applies in particular to service/construction work by DirtWays GmbH when using the built facility.
4.3 DirtWays GmbH has business liability insurance to meet any legal liability claims of the customer.
4.4 DirtWays GmbH does not guarantee at any time that the service/construction work will achieve its objectives. DirtWays GmbH will endeavor to fulfill the requested service/construction work. Deviations in completion may occur
§ 5 Scope of Services
The scope and content of all services/construction work provided by DirtWays GmbH are agreed and recorded individually with the respective customer(s).
§ 6 Care plan / contact times
6.1 Contact with DirtWays GmbH is made via email during the following business hours.
Mon-Fri: 8:00 a.m. – 6:00 p.m.
Sat: 9:00 a.m. – 4:00 p.m.
§ 7 Confidentiality & Data Protection
7.1 DirtWays GmbH is obliged to treat any type of information about its customers or any information received from its customers as confidential. The same applies mutatis mutandis to the customer and information that the customer receives from or through DirtWays GmbH.
7.2 All customer data collected as part of the service/construction work is processed in compliance with the currently valid General Data Protection Regulation (GDPR). By accepting the currently valid terms and conditions of DirtWays UG (limited liability), the customer authorizes DirtWays GmbH to process and store the data received.
7.3 Within the company DirtWays GmbH, those people who need your data to fulfill our contractual and legal obligations will have access to it. Service providers and vicarious agents used by us may also receive data for these purposes if they comply with the GDPR and other data protection instructions. These are essentially companies such as public bodies and institutions (e.g. police, public prosecutor's office), if there is legitimate reason for forwarding the data, credit and financial service institutions and other comparable institutions and processors to whom we transmit personal data in order to carry out the business relationship with you.
§ 8 Copyright and Trademark Law
If the website offers the option of entering personal or business data (email addresses, names, addresses), the disclosure of this data by the user is expressly voluntary. The use and payment of all services offered is permitted - as far as technically possible and reasonable - without providing such data or by providing anonymized data or a pseudonym. The use of contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers as well as email addresses by third parties to send information that has not been expressly requested is not permitted. Legal action against senders of so-called spam emails in the event of violations of this prohibition is expressly reserved.
§ 9 Final Provisions
9.1 Unless otherwise specified in these terms and conditions, changes, additions and ancillary agreements must be made in writing to be valid. Furthermore, individual additions by both parties to the general terms and conditions of DirtWays GmbH can be recorded in the respective business contract.
9.2 Should one of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid or unenforceable provision, a suitable legally effective replacement provision that comes as close as possible to the economic success will be agreed upon by mutual agreement.
9.3 By signing the disclaimer, the customer confirms the terms and conditions of DirtWays GmbH.
Dirtways GmbH
Niederndorfer Hauptstraße 24
91074 Herzogenaurach
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