General Terms and Conditions
1 Provider and scope of application
1.1 Between the publisher of Masterclass. Business & Art, Dagmara Nawratek, Scheffelstraße 6, 04860 Torgau, Germany (hereinafter referred to as ‘Masterclass’) and the customer, a business relationship is established only when a contract has been concluded on the basis of a confirmed order and the following General Terms and Conditions have been agreed to.
1.2 Masterclass shall provide the Customer with the ordered service against payment of the fees formulated and stated in the order.
2 Conclusion of contract
2.1 A contract is concluded between Masterclass and the customer if the following conditions are met:
– The customer must provide a billing address and, if applicable, a delivery address in the case of the option to receive a gift from Masterclass.
– The customer must confirm the order in the order sent as a PDF by e-mail.
– The customer must confirm the General Terms and Conditions in the order sent as a PDF by e-mail.
– The customer must sign the PDF document with the order sent by e-mail after confirming the order and the General Terms and Conditions and send the signed PDF document to pr@masterclassmagazine.com.
2.2 The order includes the selection of the services to be provided, their scope, the deadlines for final delivery and, if necessary, the agreement of individual wishes of the customer with Masterclass.
3 Prices, terms of payment and payment options
3.1 All prices listed in the order are subject to the small business regulation according to § 19 UstG. Therefore, no VAT will be charged.
3.2 All prices listed in the order are listed in euros and are to be paid accordingly. The customer must ensure that the full price is paid in euros in the event of any conversion charges.
3.3 The prices always correspond to the offer that the customer has selected on the website under the menu item ‘Offers’.
3.4 The prices do not include delivery costs for any gifts from Masterclass to the customer. Should the customer require delivery, the fee for any delivery carried out by Deutsche Post or DHL shall be borne by the customer. Details will be agreed individually between Masterclass and the customer.
3.5 The prices do not include the prices for the online and print magazine or books. The online and print magazine as well as books can be purchased via Amazon at the conditions stated there.
3.6 The Customer shall pay the fee specified in the order by bank transfer to the account of Masterclass. The account details of Masterclass will be communicated to the Customer separately in an e-mail with the invoice.
3.7 In the event that the Customer wishes to publish an independently written article or an advertising banner with Masterclass, the full invoice amount shall be due immediately upon receipt of the invoice.
In the event that the customer wishes to have a business card, an article or an interview written by Masterclass, the full invoice amount is due immediately upon receipt of the invoice.
If the customer wishes to participate in a Masterclass book project, the full invoice amount is due immediately upon receipt of the invoice.
In the event that the customer wishes to be included in one of the online galleries, the full invoice amount is due immediately upon receipt of the invoice.
3.8 If the customer fails to settle the invoice, a reminder will be sent 14 days after receipt of the invoice. A reminder fee of 3 Euros will be charged.
4 Corrections and additions
4.1 If the service formulated in the order has not been provided by Masterclass or has not been provided in full, the Customer shall be entitled to make corrections or additions until the services formulated in the order have been provided in full.
4.2 The Customer shall notify Masterclass of his requests for corrections and amendments in an e-mail within seven days after the service has been provided in full. If the Customer expressly and unambiguously confirms that all services have been provided by Masterclass, or if the Customer does not notify Masterclass of his correction and change requests within seven days, the services formulated in the order shall be deemed to have been provided.
4.3 An extension of the order shall take place precisely when the Customer requests additional services that were not formulated in the previous order. In this case, Masterclass shall invoice the additional services additionally.
5 Warranties by Masterclass
5.1 Masterclass warrants that:
– articles, graphics, photographs or videos provided by the customer are adopted unchanged in terms of content and optimised as far as possible for the websites, newsletters, online galleries and the online and print magazine in terms of layout and spelling.
– articles, interviews, graphics, photographs or videos created by Masterclass were created independently, do not constitute plagiarism or copyright infringements in terms of content or graphics, correspond to the truth in terms of content and graphics and respect the rights of third parties.
– a translation of all articles and interviews into German and English.
– Articles and interviews shall be published in German and English on the Masterclass websites or in Masterclass magazines, depending on the order.
5.2 Masterclass does not guarantee the publication of photographs, graphics and videos that show nudity, or of articles, interviews, photographs, graphics and videos that are racist, vulgar, offensive to groups, origins, religions, gender or age, or that contain hate speech.
6 Obligations of the customer
The customer is obliged to
– send the signed PDF document (see 2.) immediately by e-mail to pr@masterclassmagazine.com.
– the details of his name and all other details of his billing and delivery address are true. The customer must inform Masterclass immediately of any changes.
– the information provided by him/her independently in articles, graphics, photographs or videos corresponds to the truth in terms of content and graphics, does not constitute plagiarism, does not infringe any copyright and does not damage the rights of third parties.
– the information provided by him independently in articles, graphics, photographs or videos is provided in English, German or Polish.
– the information required for articles, interviews, graphics, photographs or videos produced by Masterclass is truthful in terms of content and graphics.
– provide Masterclass immediately with all information and materials necessary for the service to be rendered.
– inform Masterclass immediately if additions or changes are to be made to the order.
– notify Masterclass within seven days of the final delivery of articles and interviews of any requests for corrections or additions if Masterclass has not provided the service formulated in the order or has not provided it in full.
– The customer shall not be entitled to provide graphics, videos and photographs whose resolution is suitable for publication on the websites, in newsletters, in online galleries, in social media and in online and print magazines (further information on this shall be provided in consultation with Masterclass).
7 Copyright, publication, utilisation and ownership rights
7.1 Masterclass always grants itself the right to decide which content is published or not. This applies in particular to content whose publication Masterclass expressly does not guarantee in 5.2.
7.2 In the case of articles, interviews, graphics, photographs or videos created independently by Masterclass for the websites, social media and the online and print magazine, the copyright, publication and usage rights shall remain with Masterclass.
7.3 In the case of articles, interviews, graphics, photographs or videos provided by the customer, the copyright shall remain with the customer. He grants a limited or unlimited right of publication and use for newsletters, the websites, social media, book projects, advertising material as well as online and print magazines of Masterclass and for further marketing purposes in connection with the cooperation with third parties in the sense of the ordered services.
8 Availability and liability
8.1 Masterclass shall always endeavour to provide the services specified in the order and to make them available to the customer as agreed. If, due to force majeure or disruptions in the business processes of partners and providers, punctual or incomplete provision is not possible, the customer shall have no claim to compensation, price reduction or the services themselves as long as these circumstances exist.
8.2 Masterclass assumes no liability for cases of damage resulting from failure to fulfil the Customer’s obligations (see 6., in particular 6.2). The customer alone shall be responsible for such cases of damage.
8.3 Masterclass accepts no liability in the event that the customer cannot be reached by e-mail, resulting in delays in the delivery of the order.
8.4 Masterclass accepts no liability in the event that any gifts from Masterclass to the customer are damaged during transport to the customer.
9 Term and cancellation of the contract
9.1 The provisions of the contract between Masterclass and the Customer and the General Terms and Conditions shall apply in accordance with the services formulated and to be provided in the order.
9.2 The customer has the right to terminate the contract 14 days after conclusion of the contract (see 2.). The customer also has a right of cancellation if Masterclass does not provide the services formulated in the order despite explicit and clear correction and change requests or if Masterclass did not comply with the warranties formulated in the General Terms and Conditions (see 5.).
9.3 Masterclass has the right to terminate the contract if the customer does not pay the total payments due or does not pay them in full. Masterclass is also entitled to terminate the contract if the customer does not fulfil the obligations formulated in the General Terms and Conditions (see 6.).
10 Data protection
10.1 The customer’s data, such as name, address or contact data, e-mail address or invoice data, shall only be used by Masterclass within the scope of the services formulated in the order and for sending the newsletter.
10.2 For the use of the websites www.masterclasssmagazin.com and www.masterclassmagazin.de, the data protection guidelines deposited there apply: LINK
- Final provisions
11.1 The place of jurisdiction shall be the registered office of Masterclass in the event of any disputes arising in connection with the contract concluded.
11.2 If, in the course of formulated orders, gaps arise in the General Terms and Conditions or in the contract concluded between Masterclass and the customer, Masterclass and the customer shall work out a mutually agreeable solution to close the gap.