General Terms and Conditions (GTC)
of Auerswald Marketing S.L., Ctra. del Cap de la Nau Pla, 126-1-18, 03730 Xàbia (Alicante), España
§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between Auerswald Marketing S.L. (hereinafter “Contractor”) and its clients (hereinafter “Client”) for the provision of services in the fields of web design, web development, UI/UX design, e-commerce, SEO & marketing and CRM systems.
Deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their application in writing.
§ 2 Conclusion of contract
Offers by the Contractor are non-binding and subject to change. A contract is concluded upon written order confirmation by the Contractor or upon actual commencement of performance.
Amendments or supplements to the contract require written form. This also applies to any waiver of the written form requirement itself.
§ 3 Scope of services
The specific scope of services is defined in the individual offer or service description, which forms part of the contract. Changes to the scope of services (change requests) require a written agreement and may result in adjustments to price and schedule.
The Contractor is entitled to have services performed by qualified third parties (subcontractors), provided this is communicated to the Client and no overriding interests oppose it.
The Client is obliged to provide all content, access credentials and information necessary for performance in a timely manner. Delays caused by late cooperation on the part of the Client shall not be borne by the Contractor.
§ 4 Remuneration and payment terms
Remuneration is based on the individual offer. All prices are exclusive of statutory VAT.
Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. For projects with a value of EUR 1,000 net or more, a deposit of 50% is due upon placement of the order.
In the event of late payment, the Contractor is entitled to charge default interest at 9 percentage points above the applicable base rate and to suspend performance until outstanding amounts are settled.
§ 5 Usage rights and copyright
All works created by the Contractor (designs, code, graphics, texts) are protected by copyright. Upon full payment of the agreed remuneration, the Contractor grants the Client a simple, non-transferable right of use for the agreed purpose.
Extended usage rights (e.g. exclusive rights, transfer to third parties) require a separate written agreement and, where applicable, additional remuneration.
The Contractor retains the right to use the services provided for reference purposes in its portfolio, unless the Client expressly objects.
For content provided by the Client (texts, images, logos, etc.), the Client warrants that it holds the necessary rights and that no third-party rights are infringed.
§ 6 Liability
The Contractor shall be liable for damages only in cases of intent and gross negligence. In cases of simple negligence, the Contractor shall be liable only for breach of a material contractual obligation (cardinal duty) and only up to the amount of foreseeable, typical contractual damage.
Liability for indirect damages, loss of profit and consequential damages is excluded to the extent permitted by law.
The above limitations of liability do not apply in cases of culpable injury to life, body or health or liability under product liability law.
The Contractor is not liable for damages arising from incorrect content provided by the Client.
§ 7 Warranty
The Contractor warrants that the services provided comply with the agreed specifications. The Client must report defects without undue delay, at the latest within 14 days of acceptance, in writing.
In the event of justified defect notices, the Contractor shall first be entitled to remedy the defect. If remedy fails twice, the Client may demand a price reduction or, in the case of material defects, withdrawal from the contract.
The warranty period is 12 months from acceptance of the service.
§ 8 Data protection
The processing of personal data is carried out in accordance with our Privacy Policy and applicable data protection law (GDPR). Where data processing is required for performance, a corresponding data processing agreement pursuant to Art. 28 GDPR shall be concluded.
§ 9 Confidentiality
Both parties undertake to treat all confidential information received in the course of cooperation as strictly confidential and not to disclose it to third parties. This obligation shall also apply after termination of the contractual relationship.
§ 10 Termination
Ongoing service contracts (e.g. maintenance, hosting, SEO) may be terminated by either party with 30 days’ notice to the end of a calendar month in writing, unless otherwise agreed individually.
The right to extraordinary termination for good cause remains unaffected.
§ 11 Applicable law and jurisdiction
The law of the Kingdom of Spain applies. The place of jurisdiction for all disputes arising from or in connection with this contract is Alicante (Spain), provided the Client is a merchant, a legal entity under public law or a special fund under public law.
For consumers with habitual residence in Germany, German consumer law applies additionally to the extent it contains mandatory protective provisions that cannot be derogated from by choice of law. In such cases, consumers in Germany may also bring proceedings before German courts.
The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
§ 12 Severability clause
Should individual provisions of these GTC be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid or unenforceable provision with a valid provision that comes closest to the economic purpose of the invalid provision.
Last updated: June 2026 | Auerswald Marketing S.L.