Individual agreements take precedence over these terms and conditions. Any conflicting or deviating terms and conditions of the client shall not apply unless Advertising media Toccori has expressly agreed to their validity.

§ 2 Conclusion of contract
Offers from Toccori & Toccori GbR advertising media are subject to change and non-binding unless expressly designated as binding. A contract is formed when the client accepts an offer from Advertising media Toccori & Toccori GbR or when a written order confirmation is issued. Acceptance can also be effected by payment of a deposit or by providing the materials necessary for order fulfillment.

Individually prepared offers remain valid for 7 days unless a different period is specified in the offer. The client is obligated to provide all content, data, and materials necessary for the performance of the services completely, correctly, and on time. Performance deadlines only begin once all necessary information has been received. Advertising media Toccori is entitled to reject orders in whole or in part if there are objective reasons. Individual agreements between the parties take precedence over these terms and conditions. Amendments and additions must be in writing.

§ 3 Scope of Services
The specific scope of services is defined in the respective offer, order confirmation, or individually agreed-upon project documents. Advertising media Toccori & Toccori GbR provides services primarily in the areas of web design, web development, website maintenance, graphic design, content creation, photography, image editing, prepress, textile printing, and other media and design services. Services are provided according to the client's specifications and wishes. A prerequisite for the provision of services is that the client provides all necessary information, content, and materials completely, accurately, and on time. Delays due to missing or incorrect content will extend agreed-upon deadlines accordingly. Installation, instruction, or training are only included in the scope of services if explicitly agreed upon.

Unless otherwise agreed, the client receives up to two rounds of revisions per project phase. Further changes or additional revisions are considered extra work and will be billed separately. Change or expansion requests from the client will be considered if they are necessary to achieve the purpose of the contract or are agreed upon separately. Additional work will be billed according to the applicable hourly rates or as per a separate quote. Content submitted or changed by the client after the project has begun will be considered a change request and may incur additional costs. Advertising media Toccori is entitled to provide partial services, provided these are reasonable for the client.

Bei Hosting- oder Wartungsleistungen schuldet Werbemedien Toccori eine sorgfältige Ausführung, jedoch keine permanente Verfügbarkeit oder bestimmte Reaktionszeiten, sofern diese nicht ausdrücklich vereinbart wurden. Bei kreativen Leistungen (z. B. Design, Layout, Fotografie, Text) besteht künstlerische Gestaltungsfreiheit. Reklamationen hinsichtlich der künstlerischen Gestaltung sind ausgeschlossen, sofern die Leistung dem vereinbarten Rahmen entspricht.

§ 4 Prices and Payment
The prices of Advertising media Toccori & Toccori GbR valid at the time of order placement apply, unless a fixed price has been expressly agreed upon. All prices are subject to statutory VAT. Shipping costs, travel expenses, installations, training, printing costs, material costs, license fees, and other ancillary services are not included in the price and will be billed separately, unless otherwise agreed. Additional services and extra work will be charged separately. This applies in particular to:

• Subsequent change requests,
• missing or incorrect customer data,
• additional research work,
• Testing -, auditing or legal research services,
• License management and procurement of third-party software (e.g., plugins, themes , fonts),
• Third-party services (e.g. hosting, printing companies),
• Working outside of regular business hours,
• Reprocessing of data or format conversions.

Additional work is charged at the current hourly rates of Advertising media Toccori. The client will be informed in advance if additional work is anticipated. New clients are required to make a 50% down payment before work commences. For printing, textile printing, or vinyl lettering, the full amount is due before production begins. Alternative payment terms can be agreed upon for existing clients. Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. A payment term of 7 days may be agreed upon for new clients. If the client defaults on payment, statutory default interest will apply.

• For consumers: 5 percentage points above the base interest rate,
• For entrepreneurs: 9 percentage points above the base interest rate.

The following reminder levels also apply: – 1st reminder: free of charge,

• 2nd reminder: Reminder fee of €5.00,
• 3rd reminder: Reminder fee of €15.00 and announcement of further legal action.

Payments are applied first to costs, then to interest, and finally to the principal. Returned direct debits are the responsibility of the client. A processing fee of €12.00 will be charged for each returned direct debit, in addition to any fees charged by the bank. Until all outstanding payments are received, delivered products, print data, layouts, designs, and digital works remain the property of Advertising media Toccori. Usage rights are transferred only upon full payment. In the event of late payment or outstanding invoices, Advertising media Toccori is entitled to suspend ongoing work or temporarily deactivate services (e.g., hosting, maintenance, support, domain services) until all outstanding amounts have been settled. Hosting, maintenance, and service contracts have a minimum term of 12 months and are automatically renewed for a further 12 months unless terminated in writing at least 30 days prior to expiration. Price changes for existing contracts will be communicated to the client at least 30 days in advance. The following response times apply to support requests:

• Standard inquiries: within 48 hours on working days,
• Malfunctions or technical problems: within 24 hours on working days.

There is no entitlement to immediate processing. Price information in brochures, advertisements, on the website, or in other media is non-binding and does not constitute a legally binding offer. Invoices are sent electronically via email in XRechnung and/or ZUGFeRD format as standard. By placing an order, the client agrees to electronic invoicing.

§ 5 Dates, deadlines and impediments to performance
Delivery and performance dates are only binding if they have been expressly agreed upon as such and confirmed in writing by Advertising media Toccori. All other information is non-binding and for guidance only. Adherence to deadlines is contingent upon the client providing all necessary information, content, access data, approvals, and materials completely, correctly, and on time. Delays due to missing or late cooperation will automatically extend agreed deadlines by the corresponding duration plus a reasonable processing time. If an agreed payment is not received on time, all deadlines will automatically be extended by the duration of the payment delay plus a reasonable processing time. Advertising media Toccori is entitled to suspend work until payment is received. The following response times apply to approvals:

• Drafts, layouts, corrections or interim results must be reviewed within 5 working days.
• If no response is received, the release is considered granted (deemed acceptance).
• Changes made after the deadline are considered additional work.

Acceptance upon commissioning:

• If a project is used productively or published, the work is considered accepted.
• Subsequent change requests are considered additional work.

Go-live processes:

• Go- live only occurs after the GoLive checklist has been fulfilled (technical check, content, legal information, mobile display, loading times, security).
• The client confirms fulfillment in writing or by email .
• Points that have not been checked are considered approved.

Test environments:

• Services can be provided in a test environment.
• Deviations between the test and live environment do not constitute a defect.
• Adjustments due to different environments are considered an additional expense.

Test data and real-world data:

• Test data can be used during development.
• The client will provide all real-time data in a timely manner.
• Deviations due to data quality or data volume do not constitute a defect.
• Adjustments resulting from the changeover are considered additional expenses.

Delays can arise in particular from:

• Subsequent change or expansion requests,
• missing or delayed approvals,
• insufficient technical prerequisites,
• Problems or outages from third-party providers (hosting, plugins, themes , APIs, printers),
• missing access data,
• Delayed responses from the client,
• technical changes due to platforms (CMS updates, browser updates, social media APIs),
• official regulations or testing processes.

Changes to the scope of services:

• If changes are requested, previously agreed deadlines become invalid.
• New dates will be scheduled based on effort and availability.

Escalation levels in case of project standstill:

• Stage 1: Reminder after 7 days without response.
• Stage 2: Project break after 14 days.
• Stage 3: Completion or termination after 30 days of inactivity. Services already rendered must be compensated.

Postponements by the client may cause additional costs, especially for printing or publication deadlines.

Obligations of the client:

• Availability during the project duration.
• Provision of all legal content (legal notice, privacy policy, terms and conditions).
• Ensuring valid licenses for third-party software.
• Provision of all domain permissions and auth codes.

GDPR obligations:

• The client is responsible for the legality of all content.
• Toccori advertising media does not undertake any legal review.
• GDPR- relevant adjustments must be commissioned separately.

Browser compatibility:

• Optimization is performed for current versions of common browsers.
• Compatibility with outdated browsers or exotic devices is not guaranteed.
• Adjustments are considered additional services.

Caching systems and CDN:

• Delayed updates due to caching or CDN do not constitute a defect.
• Adjustments to the cache configuration are considered additional services.

Email deliverability:

• Advertising media Toccori assumes no guarantee of deliverability.
• DNS entries (SPF, DKIM, DMARC) are the responsibility of the client.

Cookie banners and tracking tools:

• Setup is only carried out upon request.
• The client bears the legal responsibility.

Accessibility:

• Barrier-free implementation will only be carried out if explicitly agreed upon.
• Deviations from WCAG standards do not constitute a defect.

Performance optimization:

• Performance depends on hosting, data volume, and third-party providers.
• Specific loading times or PageSpeed scores are only owed if expressly agreed upon.

Security updates:

• Security updates are only included in a maintenance contract.
• If a recommended update is omitted, Advertising media Toccori is not liable for any resulting damages.

Backups:

• Regular backups are only performed as part of a maintenance contract.
• Without a contract, the client is responsible for backups.

Data storage:

• Project files are kept for a maximum of 90 days after completion.
• They can then be deleted.

Data portability:

• Data exports are only carried out by prior arrangement and are considered an additional service.

Malware and compromised systems:

• Advertising media Toccori is not liable for damages caused by compromised systems of the client.
• Restoration work is considered an additional service.

E-commerce systems and payment providers:

• Disruptions or changes by payment providers do not constitute a defect.
• Adjustments due to external changes are considered additional work.

Newsletter systems:

• Deliverability depends on external factors.
• Advertising media Toccori assumes no guarantee for delivery rates.

Social Media Integration:

• Changes made by social media platforms can affect functionality.
• Adjustments are considered additional work.

Third-party APIs:

• API changes, limitations, or outages do not constitute a defect.
• Adjustments are considered additional services.

Interface monitoring:

• Monitoring is only carried out as part of a maintenance contract.

Server‑Limits:

• Reaching hosting limits does not constitute a deficiency.
• Adjustments are considered additional services.

Content delivery deadlines and content freeze:

• Content must be delivered by the agreed deadline.
• In case of delayed delivery, deadlines will be extended accordingly.
• A content freeze can be set shortly before the go- live.

Image rights and copyrights:

• The client ensures that they have all necessary usage rights.
• Advertising media Toccori is not liable for copyright infringements caused by customer data.

Technical dependencies:

• Changes caused by CMS updates, browser updates, or external services do not constitute a defect.
• Adjustments are considered additional services.

Advertising media Toccori is entitled to provide partial services, provided these are reasonable. Force majeure, labor disputes, network disruptions, or other unforeseen events extend the performance deadlines by the duration of the disruption. Claims for damages arising from such events are excluded.

§ 6 Acceptance
Upon completion of the agreed services, Advertising media Toccori will notify the client that they are ready for acceptance. The client is obligated to carefully inspect the services immediately, but no later than within 7 business days, and either declare acceptance or refuse acceptance in writing, specifying concrete and verifiable defects. If no response is received within this period, the services will be deemed accepted (deemed acceptance). This also applies if the client delays or refuses acceptance without providing reasons.

Acceptance in partial steps:

• For extensive projects, acceptance can take place in defined partial deliveries.
• Each partial acceptance is considered an independent acceptance.
• Following partial acceptance, any subsequent change requests for this section will be charged separately.

Acceptance protocols:

• An acceptance report can be prepared upon request.
• The protocol documents the state of the service at the time of acceptance.
• Undocumented defects are considered not to exist, unless they were hidden.

Automatic acceptance at go-live:

• If a go-live occurs at the request of the client or through their approval, the service is automatically considered accepted.
• This also applies if individual points of the Go LiveChecklist have not been checked by the client.

Decline during productive use:

• The service is considered accepted as soon as the client uses the website, parts of it, or other work results productively or makes them publicly accessible.

Acceptance during data migration:

• If data is transferred from existing systems, the migration is considered accepted as soon as the data is visible or usable in the target system.
• Deviations due to faulty, incomplete, or inconsistent source data do not constitute a defect.
• Subsequent data cleansing is considered an additional expense.

Acceptance of print data (soft proof/hard proof):

• Print data is considered approved once the client has released a soft proof or hard proof .
• Color variations due to different output devices, monitors or printing processes do not constitute a defect.
• Subsequent changes after approval are considered additional services.

Acceptance for textile printing or foil lettering:

• Acceptance is based on the approved print or plot files.
• Material-related deviations (e.g., structure, color, feel) do not constitute a defect.
• Subsequent changes after production release are excluded.

Acceptance in hosting or maintenance contracts:

• For hosting or maintenance services, acceptance occurs upon provision of the service.
• Ongoing services are considered accepted unless the client raises specific objections within 7 working days of provision.
• Regular maintenance work does not constitute a defect.

Minor defects do not justify refusal of acceptance. These will be rectified under warranty. If readiness for acceptance is not explicitly communicated, acceptance is deemed to have occurred as soon as the client could reasonably have been notified of completion. A refusal of acceptance is only valid if the client describes all defects specifically, comprehensibly, and in detail. General objections are not considered a valid refusal of acceptance.

Once accepted, any subsequent change requests, additions, or modifications are no longer part of the original scope of work and are considered separately billable additional expenses. If the client delays acceptance without justification, Advertising media Toccori is entitled to unilaterally determine acceptance and invoice the services. Acceptance covers only the contractually agreed-upon services. Extensions, additional features, or subsequent change requests are not included in the acceptance.

§ 7 Cooperation Obligations
The client shall provide all information, content, access data, materials, and approvals required for the performance of the services completely, correctly, and in a timely manner in digital form. This includes, in particular, texts, images, videos, logos, legally required information, and all other content to be uploaded. The client is obligated to check all content for accuracy, completeness, and legal compliance before providing it. This includes, in particular:

• Copyright and usage rights,
• Trademark and personality rights,
• Data protection and GDPR regulations,
• Legal notice and information obligations,
• Pricing information, product information and mandatory texts,
• Youth protection and advertising regulations.

Advertising media Toccori does not undertake any legal review of content provided by the client. The client is solely responsible for the legality of all content (texts, images, videos, downloads, products, prices, legal information). If drafts, revisions, test versions, or previews are provided for review, the client must carefully examine them within 7 business days and communicate any change requests or defects in writing. If no response is received within this period, the provided drafts or test versions are considered approved (deemed approval). The client is obligated to inform Advertising media Toccori immediately of any errors, malfunctions, or other deviations and to describe them as specifically as possible. Failure to report such issues in a timely manner precludes any claims for damages or additional expenses.

The client is responsible for the accuracy of the content they approve. Printing, display, or production errors resulting from insufficient or superficial review by the client do not constitute grounds for liability on the part of Advertising media Toccori. If print data, graphics, layouts, or other media are approved by the client, Advertising media Toccori is not liable for errors discovered after approval. Subsequent changes are considered additional services. The client ensures that all technical requirements for the provision of services are met, in particular:

• functional server and hosting environments,
• valid licenses for third-party software,
• working login credentials,
• sufficient system resources,
• Compatible browser and device configurations.

The client ensures that all provided data is free of malware. Damages resulting from infected files are the client's responsibility. The client is obligated to inform Advertising media Toccori of any legal changes or necessary updates to their content. Failure to provide such information will result in Advertising media Toccori not being liable for any legal risks arising therefrom. Delays caused by a lack of cooperation, late provision of content, missing approvals, or insufficient technical requirements will automatically extend agreed deadlines and may incur additional costs.

If content or materials are not provided by the client, or are provided late, Advertising media Toccori is entitled to pause the project or set new deadlines. Expenses already incurred must be compensated. The client is obligated to make all decisions necessary for implementation in a timely manner. Delays due to the client's internal coordination processes will extend the deadlines accordingly. The client ensures that all provided content is in a common, usable format. Necessary conversions, data cleansing, or formatting are considered additional services. If content is provided by third parties of the client (e.g., photographers, copywriters, agencies), the client is liable for its quality, legality, and adherence to deadlines. The client is obligated to ensure the quality, structure, and completeness of the source data during data migrations. Erroneous or incomplete data does not constitute a defect.

The client ensures that all necessary access, tokens, API keys, and permissions for social media integrations, APIs, newsletter systems, or e-commerce functions are provided. The client is responsible for backing up their data unless a maintenance or backup agreement is in place. Advertising media Toccori is not liable for data loss due to the client's failure to perform backups. The client is obligated to inform Advertising media Toccori in a timely manner of any planned changes to hosting, domains, servers, DNS entries, or third-party systems. Failure to do so will result in Advertising media Toccori not being liable for any resulting disruptions. The client ensures that all content intended for publication has been thoroughly reviewed and approved. Subsequent changes are considered additional services. The client is obligated to securely manage all passwords, access credentials, and permissions relevant to the implementation and not to disclose them to unauthorized third parties. Security risks resulting from improper management are the client's responsibility. If legal requirements (e.g., GDPR, Price Indication Ordinance, legal notice requirements) are not met, the client bears sole responsibility. Advertising media Toccori accepts no liability for legal violations committed by the client.

§ 8 Rights of Use
Advertising media Toccori grants the client a simple, non-exclusive, perpetual, and worldwide right of use to the work results created under this contract, unless otherwise agreed. The transfer of exclusive or more extensive rights of use is only possible by express written agreement. The rights of use are transferred to the client only upon full payment of all fees. Until full payment, all rights remain with Advertising media Toccori. Use prior to full payment is only permitted with written consent. The scope of use includes the agreed-upon application of the created services, in particular websites, graphics, layouts, texts, print data, social media content, advertising materials, brand materials, and other digital or analog media. Any use beyond the agreed-upon scope requires prior written consent. The client is obligated to provide Advertising media Toccori with written information about the extent of use upon request.

If the client provides templates, materials, or content, the client guarantees that they possess all necessary usage rights and that no third-party rights are infringed. The client is solely liable for any legal infringements caused by content they provide. Advertising media Toccori may use third-party licensed material (e.g., stock photos, fonts, plugins, themes, templates, software, sound effects, videos) to provide its services. This material is transferred to the client only within the framework of the respective license terms and often only to a limited extent. This may include, in particular, temporal, geographical, or content-related restrictions. It is possible that third-party licensed material may no longer be available in the future or may only be used under modified conditions. Advertising media Toccori has no influence over this. In such cases, Advertising media Toccori will make every effort to provide comparable material. However, there is no entitlement to this. The costs for third-party licensed material may be invoiced to the client upon presentation of the license invoice. No further disclosure of third-party material will be made.

The client may only use third-party licensed material in connection with the services provided by Advertising media Toccori. Isolated use, distribution, modification, or sublicensing is prohibited without the express consent of the licensor. If Advertising media Toccori is held liable by the licensor or a third party due to the client's unauthorized use of the licensed material, the client shall indemnify Advertising media Toccori against all claims and reimburse all resulting damages, costs, and expenses. The client is obligated to inform Advertising media Toccori immediately of any unauthorized use of the licensed material that comes to their attention and to cooperate in the enforcement of intellectual property rights. If the client becomes aware of any infringement of usage rights through the services provided by Advertising media Toccori (e.g., through cease-and-desist letters from third parties), Advertising media Toccori shall be indemnified against all claims, provided the infringement is based on content provided by the client or on use outside the agreed scope.

Open‑Source‑Software:

• When open source components are used, only the respective license terms of the open source projects apply.
• Advertising media Toccori assumes no liability for restrictions, security risks or license changes of Open SourceSoftware.
• The client accepts that open source licenses may contain certain terms of use or disclosure obligations.

Web fonts and font licenses:

• Fonts and web fonts are often subject to strict licensing conditions.
• The client only receives the usage rights that are permitted under the respective license.
• Distribution or use outside of the project is prohibited unless explicitly licensed.

Stock material (images, videos, music):

• Stock material may only be used within the framework of the respective license terms.
• Use in merchandising, resale, logos or trademark registrations is often excluded and requires separate licenses.
• The client is responsible for complying with these conditions.

AI-generated content:

• When AI tools are used to create texts, images, videos or code, this is done exclusively to support creative work.
• The client is responsible for the legal review and approval of all AI-generated content.
• Advertising media Toccori is not liable for legal risks arising from AI-generated content.

Usage rights to concepts, drafts and interim results:

• Concepts, sketches, designs, mockups, wireframes and test versions remain the property of Advertising media Toccori until full payment is received.
• Using these preliminary stages without full payment is prohibited.

Further development and editing:

• The client is entitled to process or further develop the delivered services, provided that this does not violate the license terms of third parties.
• Toccori Advertising Media accepts no liability for errors caused by subsequent changes made by the client.

Attribution of authorship:

• Advertising media Toccori is entitled to be named as the author of the works created, unless otherwise agreed.
• Removing the copyright notice requires consent.

Revocation of usage rights:

• In the event of serious breaches of contract or unauthorized use, Advertising media Toccori may revoke the granted usage rights.

§ 9 Copyright notices and references
All copyrights, usage rights, and related rights to products, designs, concepts, program code, layouts, texts, graphics, photos, videos, animations, templates, social media content, and other services created or distributed by Advertising media Toccori remain exclusively with Advertising media Toccori, unless expressly transferred in writing. A transfer of usage rights occurs only by written agreement and only after full payment of all fees. Until full payment, all rights remain with Advertising media Toccori. Use prior to full payment is prohibited unless expressly permitted in writing. The client undertakes to retain all copyright notices, trademarks, watermarks, signatures, source code notices, or other proprietary notices unchanged and not to remove, alter, or obscure them. This applies in particular to notices in program code, metadata, layout files, print data, digital assets, and other technical or design components of the service.

Advertising media Toccori is entitled to place a copyright notice, logo, or text link on the created websites, media, designs, or other work results. Placement will be discreet and in accordance with industry standards. Removal is only permitted by written agreement. Advertising media Toccori is entitled to use the services provided to the client for presentation, demonstration, and advertising purposes. This includes, in particular:

• inclusion in online and offline reference lists,
• the presentation on one's own website,
• its use on social media channels,
• its use in presentations, portfolios, showreels and promotional materials,
• the link to the client's website,
• its use in case studies and success stories.

This right also applies if the services provided are based on client templates or contain content provided by the client. The client may object to publication for good cause. Good cause exists in particular if there are legitimate confidentiality interests. The objection must be made in writing. Advertising media Toccori is entitled to name the client as a reference customer unless the client expressly objects in writing. The client undertakes to inform Advertising media Toccori immediately if they become aware of any unauthorized use of works created by Advertising media Toccori by third parties. The client shall support Advertising media Toccori in enforcing its copyrights. Transfer, sale, or sublicensing of works created by Advertising media Toccori by the client is only permitted with express written consent.

White-label projects:

• If a project is created on behalf of the client for their customer, Advertising media Toccori nevertheless remains the author of the services provided.
• Complete removal of all copyright notices requires a separate written agreement and may incur additional costs.

Trademark and labeling rights:

• The client does not acquire any rights to trademarks, logos, lettering or other identifying marks of Toccori advertising media.
• Use of these trademarks is only permitted with express written consent.

Protection against disfigurement:

• The client may not alter the works created by Advertising media Toccori in a way that impairs their reputation, quality, or design integrity.
• Advertising media Toccori can prohibit use if it is used in a distorting or defamatory manner.

Protection against removal by third parties:

• The client shall ensure that third parties commissioned by him (e.g. agencies, developers, printers) do not remove or alter the copyright notices of Toccori advertising media.
• Violations are considered a breach of contract.

Usage rights to concepts, drafts and interim results:

• Concepts, sketches, designs, mockups, wireframes and test versions remain the property of Advertising media Toccori until full payment is received.
• Using these preliminary stages without full payment is prohibited.

AI-generated content:

• If AI tools are used to create texts, images, videos or codes, the resulting usage rights remain with Advertising media Toccori, unless otherwise agreed.
• The client is responsible for the legal review and approval of such content.

Open‑Source‑Software:

• When open source components are used, only the respective license terms of the open source projects apply.
• Advertising media Toccori assumes no liability for restrictions, security risks or license changes of Open SourceSoftware.

Revocation of usage rights:

• In the event of serious breaches of contract or unauthorized use, Advertising media Toccori may revoke the granted usage rights.

§ 10 Warranty
Advertising media Toccori performs all services with due diligence and according to recognized professional standards. Advertising media Toccori is entitled to have the order carried out in whole or in part by qualified third parties. Unless the client provides written specifications, Advertising media Toccori is free in the design and technical implementation. This includes, in particular:

• Image and text interpretation,
• Design, graphic arrangement and layout,
• Selection of models, locations, props and stylistic devices,
• Selection of technical procedures, software, plugins, themes and tools,
• Production of video , photo and graphic designs.

The client's subjective taste preferences do not constitute a defect. Deviations from previous deliveries or references do not constitute a defect unless an identical reproduction has been expressly agreed upon. Advertising media Toccori provides the client with two rounds of revisions to fulfill the warranty. Further revisions are considered additional services. The warranty for recognizable defects ends upon acceptance of the services (§6). Subsequent change requests or complaints are considered additional work. For products, materials, or services from third-party providers (e.g., films, colors, plugins, themes, applets, widgets, fonts, promotional items, hosting, servers, APIs), the warranty terms of the respective providers apply exclusively. Advertising media Toccori is not liable for:

• Dysfunctions,
• Outages,
• Delivery delays,
• License changes,
• Incompatibilities,
• Security vulnerabilities,
• Quality deviations,

that are caused by third-party providers. Server defects, hosting problems, network outages, API failures, CDN problems, browser updates, CMS updates, plugin updates, or other external technical influences do not constitute a defect in the services provided by Advertising media Toccori. Obvious defects must be reported in writing within 7 business days of delivery. Non-obvious defects must be reported within 7 business days of discovery. Failure to report defects within the specified time frame will void any warranty claims. Defect reports must be as detailed as possible. The client must provide, in particular:

• Error descriptions,
• Screenshots,
• Error logs,
• precise steps for reproduction,
• Affected systems and browsers.

Insufficiently documented defects cannot be addressed. The client bears the risk for all circumstances beyond the control of Advertising media Toccori, in particular:

• Weather conditions for outdoor shooting,
• Cancellation of models, performers or service providers,
• Travel disruptions,
• Missing or delayed provision of products, props or content,
• technical server problems of the client,
• Availability of web content or third-party systems,
• Event schedules, event changes, or organizational problems.

Shipments, deliveries, or returns travel at the client's risk and expense, unless otherwise agreed. Advertising media Toccori accepts no liability for defects arising from:

• improper use,
• Unauthorized changes by the client or third parties,
• missing updates or maintenance,
• unsuitable hosting environments,
• outdated browsers or devices,
• Insufficient technical resources of the client.

If defects are caused by third parties (e.g., hosting providers, printing companies, social media platforms, payment providers, API operators), Advertising media Toccori is not liable for any resulting damages or delays. A claim for redevelopment, reproduction, or replacement exists only if rectification is objectively impossible or would incur disproportionately high costs. Further claims, in particular claims for damages, are excluded unless they are based on intent or gross negligence.

§ 11 Liability
The client is solely responsible for all content they provide or publish, including but not limited to texts, images, videos, audio recordings, downloads, product information, legal notices, and other media. They are obligated to verify the legality, completeness, and accuracy of this content before publication. Advertising media Toccori assumes no responsibility or liability in this regard. Advertising media Toccori is liable only for damages resulting from intentional or grossly negligent breaches of duty. For slight negligence, Advertising media Toccori is liable only for breaches of essential contractual obligations (cardinal obligations), and even then, only up to the amount of foreseeable damages typical for this type of contract. Liability under the Product Liability Act remains unaffected. Liability for data loss is limited to the typical cost of data recovery. This is calculated based on the damage that would have occurred had the client performed proper and reasonable data backups. Without a maintenance or backup agreement, the client bears the sole risk of data loss.

Advertising media Toccori is not liable for damages that are unforeseeable or atypical within the scope of the contract. This includes, in particular, indirect damages, consequential damages, lost profits, business interruptions, or other economic disadvantages. Advertising media Toccori is not liable for defects, failures, or damages caused by third parties, in particular by:

• Hosting providers, server operators, domain registrars,
• Printing companies, production partners, suppliers,
• Software manufacturers, plugin providers, theme developers,
• Social media platforms, API operators, payment providers,
• external service providers of the client.

Advertising media Toccori is not liable for cease-and-desist letters, legal violations, or other claims by third parties based on content provided by the client. This applies in particular to:

• Copyright infringements,
• Trademark infringements,
• Competition violations,
• Violations of GDPR, legal notice requirements or information obligations,
• Incorrect pricing or product information.

Advertising media Toccori operates solely on the basis of the client's instructions. The client bears sole responsibility for operational decisions, legal requirements, strategic content, and their impact. Advertising media Toccori is not liable for consequences arising from the client's decisions or omissions. Advertising media Toccori is not liable for malfunctions, failures, or damages resulting from:

• Brute force attacks, hacker attacks, malware, phishing,
• Security vulnerabilities in third-party software,
• Server outages, network disruptions, CDN problems,
• Browser updates, CMS updates, plugin updates,
• insufficient technical resources of the client,
• Improper use or modifications by the client or third parties.

The client bears the risk for all circumstances that are outside the control of Advertising media Toccori, in particular:

• Weather conditions for outdoor shooting,
• Cancellation of models, performers or service providers,
• Travel disruptions, delivery delays,
• Missing or delayed provision of content, products or props,
• Event schedules or organizational changes.

Shipments, deliveries, or returns are at the client's risk and expense unless otherwise agreed. Liability for damages resulting from unauthorized modifications, interventions, or additions by the client or third parties is excluded. To the extent that Advertising media Toccori's liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees, agents, and other representatives.

§ 12 Customer's Obligation to Back Up Data
The client is obligated to back up their data at regular and appropriate intervals and to take suitable measures to protect against data loss. This includes, in particular, backing up files, databases, configurations, emails, media, and other relevant information. Before any change to the system environment, especially before:

• New software installation,
• Updates to CMS, plugins, themes, or server components,
• Changes to hosting settings,
• Domain migrations or DNS adjustments,
• Data migrations,
• Installation of new software or extensions,
• Interventions by third parties,

The client is obligated to create a complete and functional data backup. If a data backup is not performed, Advertising media Toccori is not liable for any resulting damages, data loss, or recovery costs. The client bears sole responsibility for data loss. The client is obligated to protect their systems against unauthorized access, malware, hacking attacks, brute-force attacks, and other security risks. This includes, in particular:

• secure passwords,
• current software versions,
• regular updates,
• Firewalls and security mechanisms,
• Protection against unauthorized third parties.

Advertising media Toccori is not liable for data loss resulting from:

• Missing or insufficient backups from the client,
• improper use or modifications by the client or third parties,
• Server outages, hosting problems or provider changes,
• Cyberattacks, malware or security vulnerabilities,
• Technical errors outside the control of advertising media Toccori.

The client bears sole responsibility for data recovery unless a maintenance or backup agreement exists with Advertising media Toccori. Data recovery work is considered a separately billable additional service. If the client becomes aware of security-related problems, data loss, or system errors, they are obligated to inform Advertising media Toccori immediately, provided a collaboration exists. Failure to report such issues in a timely manner may preclude any claims for damages. The client ensures that all data they provide is free of malware. Damages caused by infected files are the client's responsibility.

§ 13 Data Protection and Confidentiality
Advertising media Toccori processes the client's personal data exclusively within the framework of legal regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG). This includes, in particular, contact details, address data, access data, billing data, and project-related information necessary for the execution of the contract. Advertising media Toccori protects sensitive data, access data, passwords, confidential documents, and other information requiring protection from unauthorized access using appropriate technical and organizational measures. The client is obligated to keep their own access data secure and not to disclose it to unauthorized third parties. Both contracting parties undertake to treat all confidential information that becomes known to them in the course of their collaboration as strictly confidential. This includes, in particular:

• Business and trade secrets,
• technical documents, source code, documentation,
• Marketing and strategy data,
• internal processes, calculations and pricing structures,
• Customer data and personal information.

Disclosure of confidential information to third parties is only permitted if:

• the other contracting party agrees in writing,
• this is absolutely necessary for the fulfillment of the contract (e.g. subcontractors),
• There is a legal obligation to disclose information.

Advertising media Toccori is entitled to use subcontractors, provided they are also bound by confidentiality agreements. Disclosure will only occur to the extent necessary. Software-related documents such as documentation, technical specifications, source code, scripts, configurations, or internal development processes must be protected by the client from unauthorized access. Disclosure or transfer to third parties is only permitted with the written consent of Advertising media Toccori. The client is obligated to inform Advertising media Toccori immediately if they become aware of any misuse, data leak, or unauthorized access to confidential information. Advertising media Toccori points out that, according to the current state of technology, it is not technically possible to completely prevent the reproduction or unauthorized use of works published online (e.g., graphics, photos, videos, texts, designs, audio content). Liability for copies, downloads, or misuse by third parties is excluded. The confidentiality obligation continues beyond the termination of the contract. It only ends when the relevant information has become generally known without breach of this agreement. Advertising media Toccori is not liable for damages resulting from inadequate data backup, improper management of access data, or security vulnerabilities on the client's side. The client is obligated to comply with all data protection regulations, particularly when providing personal data of third parties. Advertising media Toccori assumes no liability for data protection breaches committed by the client.

§ 14 Termination
Contracts with Advertising media Toccori have a basic term of 12 months, unless expressly agreed otherwise in writing. Ordinary termination is possible for the first time 3 months before the end of the respective contract term. Termination must be in writing. If no notice of termination is given in due time, the contract will automatically renew for another 12 months. This also applies if the client does not actively confirm the renewal. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• the client is more than one month in arrears with a payment due,
• the client violates essential contractual obligations,
• the client violates Section 7 (Duties to cooperate) or Section 8 (Rights of use),
• the client provides incorrect or unlawful content,
• The client has significantly hampered cooperation despite a warning.
• The client disregarded safety-relevant requirements.

In the event of termination without notice by Advertising media Toccori or premature termination by the client, the client is obligated to pay the contractually agreed remuneration in full until the regular contract end date. The remaining term becomes due immediately and will be invoiced. Services already rendered, work already begun, reserved resources, and prepared materials must be paid for in full, regardless of the termination date. If the client terminates the contract during an ongoing project, the following applies:

• All services rendered up to that point are considered accepted.
• Open projects are being cancelled.
• The client is not entitled to a refund of payments already made.
• Additional expenses for orderly handover or data provision are considered additional services.

After the contract ends, the client is obligated to:

• All access data, documents and materials from Toccori advertising media are to be treated confidentially.
• Do not reuse copyrighted content without valid usage rights.
• Advertising media Toccori is required to confirm the deletion of confidential data in writing at the request.

Advertising media Toccori is entitled after the end of the contract:

• To disable access to systems, servers, or tools,
• discontinue hosting or maintenance services,
• to remove technical integrations,
• Data should be deleted unless there are legal retention obligations.

Cancellations via email are permitted, provided they are sent from the email address of the client registered with the contract. Cancellations via messenger services, social networks, or telephone are excluded. A cancellation does not release the client from their obligations arising from services already rendered or outstanding invoices. Advertising media Toccori reserves the right to refuse or not renew contracts if:

• the client repeatedly violates contract terms,
• cooperation has become unacceptable,
• There are legal or technical risks.

§ 15 License Fee
Unless expressly agreed otherwise in writing, Advertising media Toccori is entitled to a publication and usage license fee of an agreed or reasonable amount for each grant of usage rights. The license fee is calculated in addition to the remuneration for the creation of the service. The license fee depends on the type, scope, duration, medium, reach, and purpose of the use, as well as on Advertising media Toccori's current price list. It is subject to statutory value-added tax. Any use of works created by Advertising media Toccori that exceeds the originally agreed purpose of use automatically triggers an additional license fee. This applies in particular to:

• Multiple use
• Use in other media or channels,
• Use in print, social media, video, TV, outdoor advertising or merchandising,
• Disclosure to third parties,
• Sublicensing,
• Use in new projects or campaigns,
• Use after the agreed usage period has expired.

Use without a valid license is prohibited. If such use occurs, Advertising media Toccori is entitled to at least twice the appropriate license fee as damages, without prejudice to any further legal claims. In the event of infringement of copyright, usage rights, or related rights, Advertising media Toccori is entitled to damages regardless of any fault on the part of the client. This includes, in particular:

• Claims for injunctive relief,
• Claims for removal,
• Information requests,
• Claims for surrender,
• Claims for damages.

In the event of an infringement of the right to attribution (author recognition), Advertising media Toccori is entitled to non-material damages at least equal to the appropriate license fee. Further pecuniary losses remain unaffected. The right to information includes all information necessary for calculating the license fee or damages. This right to information also applies to the right to injunctive relief. The client is obligated to inform Advertising media Toccori immediately of any unauthorized use, distribution, or publication of the works that comes to their attention. If works by Advertising media Toccori are used without a valid license, Advertising media Toccori is entitled to:

• to prohibit its use,
• to request deletion or removal,
• to claim damages,
• to demand the surrender of profits made,
• to initiate legal proceedings.

License fees are due immediately upon invoicing. Use is only permitted after full payment. Any use of Advertising media Toccori's works beyond the agreed-upon scope constitutes a separate license infringement and will trigger additional license fees.

§ 16 Notices
The contracting parties may use electronic media such as email or messenger services (e.g., WhatsApp) for communication. They acknowledge the validity of declarations transmitted in this manner in accordance with the following provisions. Electronic communications must contain at least the following:

• the sender's full name,
• the address or business contact address,
• Date and time of dispatch,
• a unique sender identifier (e.g. signature or name at the end of the message).

A tax identification number is not required and is not recommended for security reasons. Confidentiality cannot be guaranteed for data transmitted unencrypted. At the request of either party, both sides will provide an agreed-upon encryption system (e.g., TLS, PGP, peer-to-peer encryption, or certificates). An electronic message is considered received as soon as it is accessible on the recipient's server or device. Unless proven otherwise, it is deemed to have originated from the stated sender. Electronic form (text form) applies to all declarations concerning the ordinary execution of the contract, in particular:

• Approvals,
• Corrections,
• Scheduling appointments,
• technical inquiries
• Project information,
• Change requests,
• Minutes and votes.

Electronic form is excluded for:

• Terminations,
• Contract changes,
• Agreements on usage rights,
• Agreements on remuneration,
• Declarations for which written form has been expressly agreed.

These declarations must be made in writing (letter or signed PDF). The client is obligated to inform Advertising media Toccori immediately of any changes to their contact information (email, telephone number, address). If this is not done, communications sent to the last known address will be considered effectively delivered. Advertising media Toccori is not liable for delays or failures in communication caused by:

• technical malfunctions,
• Server outages,
• Spam filter,
• Network problems,
• faulty settings of the client,
• outdated or inaccurate contact details.

The client is obligated to regularly check their email inboxes and ensure that messages can be received. Overfilled inboxes, deactivated accounts, or blocked senders are the client's responsibility. Messenger services such as WhatsApp may only be used for organizational or technical coordination. Legally relevant declarations (e.g., approvals, acceptances, change orders) must be made via email unless otherwise agreed. Advertising media Toccori is entitled to archive and store electronic messages for documentation purposes, insofar as this is necessary for the fulfillment of the contract and complies with statutory data protection regulations. The contracting parties undertake to take appropriate measures against misuse, identity theft, and unauthorized access. In case of suspected manipulation or forgery, the other contracting party must be informed immediately.

§ 17 Shop systems of Advertising media Toccori
These Terms and Conditions apply exclusively to the services, products, and deliverables of Advertising media Toccori in the areas of media design, web development, hosting, consulting, and other agency services. If Advertising media Toccori operates its own online shops or sales platforms, the shop-specific Terms and Conditions, cancellation policies, data protection regulations, and other legal notices published therein apply exclusively to those shops. The Terms and Conditions contained in this document do not apply to Advertising media Toccori's own online shops. Any mixing of the sets of rules is excluded. Customers who purchase goods or digital products through an online shop operated by Advertising media Toccori accept only the Terms and Conditions of the respective shop upon completion of the order process. The shop-specific Terms and Conditions may vary depending on the shop, product type, or sales platform. The Terms and Conditions available in the respective shop at the time of purchase are always authoritative. For services related to the creation, maintenance, or technical implementation of shop systems for clients, these Agency Terms and Conditions continue to apply exclusively.

§ 18 Textile printing & foil lettering
This paragraph applies to all services provided by Advertising media Toccori in the field of textile printing (in particular flex, flock, DTF, sublimation and transfer printing) as well as to foil lettering (e.g. vehicle lettering, shop window films, signs, advertising boards).

TEXTILE PRINTING
Variations in material and color are due to technical reasons and do not constitute a defect. In particular, the following variations are considered unavoidable:

• slight color differences between screen display and print,
• Differences between different textile batches,
• Deviations due to fabric structure, weave or material composition,
• Differences between flex, flock and transfer materials.

The client is obligated to check all print data before production begins. Production approvals (soft proof or hard proof) are binding. Once approved, complaints are excluded unless a technical production error exists. The durability of printed designs depends significantly on the quality of the textile, the material composition, and adherence to the washing and care instructions. Advertising media Toccori assumes no liability for:

• Bleach,
• Replacements,
• Cracks,
• Shrinkage,
• Deformations,

which result from improper care.

If textiles are provided by the client, processing is carried out entirely at the client's risk. Advertising media Toccori is not liable for:

• Damage to the textile,
• Printing errors due to unsuitable materials,
• Material reactions,
• Production reject,
• Color changes or discolorations.

Claims for replacement of customer textiles are excluded. With problematic materials (e.g., polyester, stretch fabrics, blends, impregnated fabrics), printing variations may occur. These do not constitute a defect.

Vinyl lettering
The durability of films depends on weather, UV exposure, maintenance, substrate condition, and usage. Advertising media Toccori assumes no liability for:

• Bleach,
• Shrinkage,
• Replacements,
• Cracks,
• Weather damage,
• Damage caused by car washes or pressure washers.

The client is responsible for ensuring the suitability of the substrate. Advertising media Toccori is not liable for damages to:

• old or weathered paints,
• repainted surfaces
• poorly repaired body parts
• porous or contaminated surfaces,
• Plastic parts with plasticizer migration.

Bubbles, streaks, or moisture inclusions may occur during wet application. These are technically normal and usually disappear within a few days. They do not constitute a defect. Film application can only be carried out under suitable temperatures and weather conditions. Delays due to unsuitable conditions do not constitute a breach of contract. The client is obligated to thoroughly clean the surface before application, removing all dust, grease, wax, silicone, and other residues. Damage or peeling due to insufficient cleaning is not the responsibility of Advertising media Toccori.

GENERAL PROVISIONS
Complaints must be submitted in writing within 7 business days of delivery. Subsequent complaints, particularly after use, washing, or installation, are excluded unless a technical production defect is present. Advertising Media Toccori does not guarantee a specific durability of the prints or films. Durability information provided by manufacturers is non-binding and does not constitute a warranty. Subsequent changes, repairs, or additions are considered separate services and will be billed accordingly. The client is obligated to inform Advertising Media Toccori of any special requirements, substrate conditions, or material properties before production begins. Failure to do so will result in Advertising Media Toccori not being liable for any resulting damages. Advertising Media Toccori is not liable for damages caused by improper use, care, cleaning, or external influences.

§ 19 Photography
This paragraph applies to all photographic services provided by Advertising media Toccori, including image capture, image editing, retouching, compositing, product photography, event photography, portraits, advertising photography, real estate photography, drone photography, social media content, and the creation of image material for print and online purposes.

COPYRIGHT, RAW DATA & RIGHTS OF USE
All photographs, image files, drafts, edits, and raw data (RAW) are subject to the copyright of Advertising media Toccori. The client receives only the contractually agreed-upon usage rights. Without an explicit written agreement, only simple, non-transferable usage rights are granted. Raw data (RAW files) are generally not released. Release requires a separate written agreement and payment. Advertising media Toccori is not obligated to permanently store raw data. Any use beyond the agreed-upon purpose (e.g., distribution to third parties, social media advertising, print campaigns, outdoor advertising, merchandising, TV advertising, AI training) requires an additional license and is subject to separate payment. Editing, altering, or further processing of the images by the client or third parties (e.g., filters, AI tools, retouching, compositing) is only permitted with the written consent of Advertising media Toccori.

PERSONAL PHOTOGRAPHY, LOCATION RIGHTS & THIRD-PARTY RIGHTS
The client is responsible for obtaining all necessary consents from depicted individuals (model releases), unless this has been expressly assumed by Advertising media Toccori. This applies in particular to:

• Employee photos
• Customer photos,
• Event photos,
• Group photos,
• Recordings of minors,
• Recordings in private spaces.

The client is also responsible for obtaining location releases, filming permits, trespass clearances, and other usage rights for the locations, buildings, or objects to be photographed. Advertising media Toccori is not liable for legal violations resulting from missing consents, permits, or third-party rights. The client indemnifies Advertising media Toccori against all third-party claims.

ADMISSION REQUIREMENTS, TECHNICAL TOLERANCES & ORGANIZATION
Technically caused deviations do not constitute a defect. These include, in particular:

• Color variations between monitor and print,
• Differences in brightness, contrast, or sharpness,
• Image noise in low light conditions,
• perspective distortions,
• natural fluctuations due to weather or light,
• Differences between different end devices.

The client is obligated to ensure suitable shooting conditions (e.g., clean products, prepared rooms, punctual models, appropriate clothing, makeup). Delays or additional expenses will be billed separately. Weather-related postponements may be necessary for outdoor shoots. These do not constitute a delay. Additional costs (e.g., travel expenses) are borne by the client. If a shoot cannot be conducted due to illness, accident, technical failure, or force majeure, Advertising media Toccori is entitled to reschedule or provide a replacement photographer. Claims for damages are excluded.

SELECTION, EDITING, RETOUCHING & DELIVERY
The selection of images is made exclusively by Advertising media Toccori. The client receives only the final edited images to the agreed-upon extent. Post-processing is carried out at the artist's discretion. Complaints regarding photographic style, image aesthetics, or creative execution are excluded. Additional editing, retouching, cutouts, color adjustments, skin retouching, beauty retouching, or alternative versions will be charged separately. Delivery is digital via a download link or a suitable transmission system. Physical media will be billed separately. Advertising media Toccori is not obligated to provide unedited images, rejects, or alternative versions.

LIABILITY, DATA BACKUP & PRINT RESULTS
Advertising media Toccori is not liable for damages resulting from:

• improper use of the images,
• Disclosure to third parties without a license,
• faulty printing results from external service providers,
• technical problems on the client's side,
• Data loss after transfer,
• Incorrect color reproduction due to monitors or printing systems of the client.

The client is obligated to back up the delivered files immediately. Re-provisioning may incur a charge. Advertising media Toccori is not liable for data loss unless caused by intentional or grossly negligent conduct.

REFERENCE RIGHTS
Advertising media Toccori is entitled to use the photographs taken for its own advertising purposes (e.g., website, social media, portfolio, print) unless the client expressly objects in writing. For photographs of people, this only applies with valid consent.

COMPLAINTS
Complaints must be submitted in writing within 7 business days of delivery. Subsequent complaints are excluded unless a technical defect exists. A full or partial refund is excluded if the service has been rendered and the client subsequently decides against the creative implementation.

§ 20 Printed Materials
This paragraph applies to all printed materials designed, produced, or manufactured by Advertising media Toccori through external service providers. This includes, in particular:

• Paper prints (flyers, posters, brochures, business cards, magazines, publications),
• Large format prints (tarpaulins, banners, mesh, PVC, fabric banners),
• Signs and panel materials (aluminum composite, rigid foam, acrylic, wood),
• Promotional items (mugs, ceramics, textiles, giveaways),
• Special prints and finished products.

PRINT DATA, APPROVALS & CLIENT'S RESPONSIBILITY
The client is responsible for providing print-ready files in the formats required by Advertising media Toccori. Errors in the supplied files (e.g., spelling, layout, colors, resolution, bleed) are the sole responsibility of the client. Before production begins, the client will receive a print approval (soft proof or hard proof). By approving the proof, the client confirms the accuracy of all content. Once approved, claims are excluded unless a technical production error has occurred. Changes after approval are considered additional services and will be billed separately.

TECHNICAL TOLERANCES & MATERIAL DEVIATIONS
Technically caused deviations do not constitute a defect. These include, in particular:

• Color variations between screen display and print,
• Color variations between different print batches,
• slight deviations in dimensions and cuts,
• Tolerances in material thickness, structure or surface,
• Differences between different printing processes (digital printing, offset printing, sublimation printing, UV printing),
• Deviations due to material properties (e.g. ceramic, PVC, fabric, metal).

With natural materials (e.g., wood, ceramics), variations in structure and color are unavoidable and do not constitute a defect. Due to the production process, variations may occur in ceramic and mug printing:

• minimal positioning deviations,
• slight color differences,
• Pressure tolerances occur during the firing process. These are not considered a defect.

PRODUCTION-RELATED SPECIAL FEATURES
Production rejects of up to 5% are standard in the industry and do not constitute a defect. For small print runs, the reject rate may be higher. For tarpaulins, banners, and mesh materials:

• Welds,
• Eyelet positions,
• Edge reinforcements,
• Slight rippling

these may occur. They are due to technical reasons and are not grounds for complaint. The following may occur with signs and panel materials:

• minimal scratches,
• Surface irregularities,
• Slight bends may occur due to the manufacturing process.

Advertising media Toccori is not liable for weather damage, UV fading, abrasion or mechanical stress after delivery.

PRINTING ON THIRD-PARTY MATERIALS
If materials are provided by the client (e.g., mugs, ceramics, signs, plaques), processing is carried out entirely at the client's risk. Advertising media Toccori is not liable for:

• Damage,
• Committee,
• Color changes,
• Material reactions,
• Adhesion problems with films or printing.

Claims for compensation for provided materials are excluded.

LIABILITY & THIRD-PARTY PRINTING
Advertising media Toccori may outsource printing to external printing companies. Advertising media Toccori is only liable for production errors, delivery delays, or technical problems of these service providers within the scope of its own warranty claims against the service provider. Delivery times are non-binding unless expressly guaranteed in writing. Advertising media Toccori is not liable for:

• Transport damage
• Delivery delays,
• Production losses,
• Force majeure,
• Faulty further processing by the client.

COMPLAINTS
Complaints must be submitted in writing within 7 business days of receiving the goods. Subsequent complaints are excluded unless there is a technical production defect. Minor deviations in color, material, format, or workmanship do not entitle the customer to a complaint or a price reduction. A refund is excluded if the customer has given print approval and the goods have been produced technically flawlessly.

OWNERSHIP & RIGHTS OF USE
Until full payment is received, all printed materials remain the property of Advertising media Toccori. Usage rights to layouts, designs, and print data are transferred only after full payment. Production data, print templates, and open files (e.g., PSD, AI, INDD) will not be released unless explicitly agreed upon.

§ 21 Applicable Law and Place of Performance
All legal relations between Advertising media Toccori and the client are governed exclusively by the laws of the Federal Republic of Germany. This also applies to cross-border services or international contractual relationships. The UN Convention on Contracts for the International Sale of Goods (CISG) and other international conflict-of-laws rules do not apply. The Product Liability Act does not apply to the extent permitted by law. In any case, liability for damages other than personal injury is excluded, provided the client is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). Indemnification and hold harmless agreements also include the costs of reasonable extrajudicial legal defense, including attorneys' fees and consulting costs.

These General Terms and Conditions apply analogously to all services provided and articles produced by Advertising media Toccori, regardless of the technology used, the process employed, or the method of implementation (digital, analog, hybrid). The place of performance for all mutual obligations arising from this contract is the registered office of Advertising media Toccori. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Aachen, provided the client is a merchant, a legal entity under public law, or a special fund under public law. However, Advertising media Toccori is also entitled to bring legal action against the client at the client's general place of jurisdiction. Mandatory consumer protection regulations remain unaffected, provided the client is a consumer within the meaning of Section 13 of the German Civil Code (BGB).

§ 22 Final Provisions
Amendments and additions to this contract, as well as any side agreements, must be in writing. This also applies to any waiver of this written form requirement. Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the legally permissible provision that most closely approximates the economic purpose of the invalid provision shall be deemed agreed. No oral promises, agreements, or arrangements exist. Only written agreements and the currently valid version of these General Terms and Conditions are authoritative. The client is not entitled to transfer rights or obligations arising from this contract to third parties without the prior written consent of Advertising media Toccori. Advertising media Toccori is entitled to amend these General Terms and Conditions at any time, provided that legitimate interests so require and the amendments are reasonable for the client. The client will be informed of any amendments in a timely manner. If the client does not object within 14 days of notification, the amendments shall be deemed accepted. In the event of any discrepancies between the contract, the offer, the service description, and these General Terms and Conditions, the following order of precedence shall apply:

1. Individual contractual agreements,
2. Written offers,
3. Service descriptions,
4. These terms and conditions.

The contract language is German. Translations are provided solely for clarity and have no legal effect. The client is obligated to comply with all legal requirements relevant to the use of services provided by Advertising media Toccori. Advertising media Toccori assumes no responsibility for any violations committed by the client. These terms and conditions also apply to future contracts between the parties unless expressly agreed otherwise.