Section 1 Scope of Application, Conflicting Terms and Conditions

(1) The following general terms and conditions govern the relationship between Foxden Creative and users when using the offered services.

(2) Conflicting terms and conditions of the users are not valid, even if Foxden Creative does not object in individual cases.

Section 2 Description of the Service Object

(1) Foxden Creative provides a service for the design and development of custom websites and web applications.

(2) For this purpose, Foxden Creative creates the product tailored to the personal needs of the respective user and according to their specifications, which is then delivered to the user through digital means.

Section 3 Paid Services; Billing; Direct Debit Authorization

(1) Foxden Creative issues an invoice upon delivery of the product or a collective invoice at the end of the month, which is payable within a payment period of 14 working days from receipt.

Section 4 Warranty

(1) Foxden Creative guarantees the production of the products according to the design specifications and specifications of the user and will promptly and within the shipping time specified in the order process hand over the product to the client. All created products remain property of Foxden Creative upon full payment of the invoice, independent of a full delivery of the poduct.

(2) Foxden Creative retains the right to remove and/or destroy any created product if the customer does not pay the invoice in full within 14 days of the invoice date.

Section 6 Responsibilities and Obligations of Users

(1) The user is solely responsible for the content and information they provide during product creation or the ordering process.

(2) Foxden Creative reserves the right – but does not assume the obligation – to check the content of a text written by a user for compliance with law and legislation and, if necessary, to take necessary and appropriate measures to prevent a legal violation.

• distribute illegal content. This includes in particular insulting, defamatory, racist, seditious or comparable content, as well as content that violates the personal rights, copyrights, trademark rights or other rights of third parties;
• send unsolicited advertising via the service, whether electronically or via postal delivery services;

Section 7 Liability

(1) Foxden Creative is liable for damages to the user caused intentionally or through gross negligence by Foxden Creative, its legal representatives, executives or vicarious agents.

(2) Regardless of the degree of fault, Foxden Creative is liable for damages resulting from a breach of a duty by those mentioned in paragraph 1, which is of essential importance for the achievement of the contractual purpose (cardinal duty), as well as in the case of fraudulent misrepresentation. Foxden Creative is equally liable regardless of the degree of fault if the damage is based on a breach of a guarantee assumed by Foxden Creative or on a slightly negligent organizational fault.

(3) In cases other than those mentioned in paragraphs 1 and 2, the liability of Foxden Creative – regardless of the legal basis – is excluded. This exclusion of liability does not affect claims for damages by the user arising from injury to life, body or health, which are based on a breach of duty by Foxden Creative or the persons mentioned in paragraph 1.

(4) Claims for damages are, except in the cases mentioned in paragraphs 1 and 3, limited to the foreseeable, contractually typical damage. In the case of default, they amount to a maximum of 5% of the order value.

(5) Claims for damages against Foxden Creative expire after 12 months from their occurrence, unless they are based on an unlawful or intentional act.

Section 8 Indemnification by Users

(1) The user indemnifies Foxden Creative from all claims that other users or third parties assert against Foxden Creative due to the violation of their rights by content, information, statements or information provided by this user or due to abusive behavior. The user also assumes the reasonable costs of the necessary legal defense of Foxden Creative. This does not apply if the legal violation is not attributable to the user.

Section 9 Right of Withdrawal and Instruction

(1) Right of Withdrawal

You can revoke your contract declaration at any point during the project process. All work progress by Foxden Creative will have to be paid in full up to this point.

(2) Consequences of Withdrawal

The created product and content will remain property of Foxden Creative and will not be officially delivered to the client. The client will have no right to use, copy, or sell the created content and product in any way and the project will be declared as failed.

End of the withdrawal instructions.