Terms and Conditions 

1 general | purview

The following terms and conditions apply to all declarations of intent, agreements, contracts and legal transactions or similar transactions of marrybylen, represented by Madlen Schmoz, Antwerpener Str. 49, 13353 Berlin. The following conditions are part of all contracts concluded between the customer and marrybylen. These also apply to all future business relationships with the customer, even if they are not expressly agreed again.

 

2 additional service

(1) All services that are not expressly specified in this agreement are considered additional agreements. Additional services must be agreed separately in writing. The extensions resulting from this agreement are also considered additional services.
 
(2) Guests will not be taken anywhere in marrybylen’s car, nor driven home.
 
(3) General opening times: Mo-Fr from 9.30 a.m. to 7 p.m., Sat 11 a.m. to 4 p.m., closed on Sundays and public holidays. The agency is also closed on vacation days. This will be announced in writing up to 1 week before arrival so that any open questions can be clarified in advance. In special cases, a representative is also required, by arrangement.

 

3 obligations of the client

(1) marrybylen records in writing all information, wishes and ideas about the client’s event that have been available up to that point. The client undertakes to notify marrybylen immediately of any change requests during the planning period. marrybylen can only enable proper and timely organization and planning with up-to-date information.
 
(2) During the planning period, the client makes decisions within a reasonable period of time so that the wishes can be implemented by marrybylen.
 
(3) Any decisions, booking requests from service providers or other things regarding the event, and/or changes in planning details must be communicated to marrybylen in writing by email.
 
(4) On the day of the event, the client provides food for all people employed by marrybylen.
 
(5) On the day of the event, the client will provide overnight accommodation for all marrybylen employees if the event location is more than 1.5 hours’ drive from the business location.

  

4 payment terms

(1) Unless otherwise agreed, the invoices issued by marrybylen’s contractor are to be paid in full within 10 days without deduction, otherwise the performance of the service cannot be guaranteed. marrybylen only starts working for the customer once the amount has been paid. The exception to this is billing by the hour. Invoicing for billing by hour takes place every 3 months based on the hours actually worked.
 
(2) The terms of payment are based on a scale for the individual service package. The first installment of 40% is to be paid immediately after the conclusion of the contract and receipt of the associated invoice. The invoice for the second and third installment of 30% each is timely and is to be paid according to the invoice.
In the case of partial planning or individual bookings (with the exception of management on the day of the event), the fee must be paid in full before the start of the service, by invoice. If these are different services that are carried out at different times, written agreements can be made at the time of the respective invoicing.
If the package accompaniment on the YES-DAY is booked individually, the fee is to be paid in 2 parts; 50% after signing the contract to reserve the day and 50% two months before the event.
 
(3) A payment is only deemed to have been made when marrybylen can freely dispose of the amount. Invoices are to be paid interest by the customer at 3% during the delay. If the customer is in arrears with payments and does not pay within a period set with a written reminder, marrybylen is entitled to withdraw from the contract immediately.
In the event of this withdrawal, the customer is obliged to pay marrybylen damages for non-performance.
 
(4) If, after the conclusion of a contract, marrybylen becomes aware of circumstances that call into question the creditworthiness of the customer, and if the customer stops making payments, marrybylen is entitled to make all claims due. In this case, it is also entitled to demand advance payments or security deposits before carrying out further deliveries and services.
 
(5) marrybylen is also entitled to remuneration if, as a result of circumstances for which marrybylen is not responsible, the event cannot be held on time or at all. marrybylen therefore recommends taking out event insurance.
 

 

5 cancellation

(1) The customer is entitled to a right of termination according to the provisions of the contract. Already

     payments made will not be refunded.

(2) The termination of this agreement is for the parties for extraordinary reasons legally permissible. Such

     reasons include, for example:

  • Non-performance of contractual services despite written reminder and deadline.
  • Substantial breach of contractual obligations by the other party, so that the further implementation of
  • the contract becomes unreasonable.
  • Initiation of the preliminary insolvency proceedings over the assets of the other contracting party. 

     The termination must in each case be made in written form to the other contracting party.

(3) The client has a special right of termination for the unexpected outage of marrybylen like severe illness-related failure. Both parties understand that therefore a partial refund, the amount of the prepayment has been paid in percentage terms, has to be done depending on the capacity of the already performed performance. This will be decided at the discretion of both parties.

(4) If the client does not express his wishes and no planning or only partial planning is possible, there is no right to repay any payments already made.

(5) In any case, the client remains responsible for fulfilling the contract concluded for the event committed with third parties.

(6) If, during a partial planning or placement, none of the proposed locations or service providers will be
     booked, there is no entitlement to repayment.

 

6 guarantee

When delivering goods, the client must check them immediately after delivery. Obvious defects of the delivered goods are to be reported immediately to the executing company or event manager. The same applies to complaints of services provided by Madlen Schmoz. Hidden defects in the delivered goods and services must be reported to Madlen Schmoz immediately after discovery, either orally or by phone, but at the latest within 2 days after discovery in written form. For further claims of the client, in particular claims for damages including loss of profit or other financial losses of the client applies § 7 accordingly. If the client fails to comply with his obligation to notify in due time and defects due to the behavior of the client cannot be remedied in time during or until the end of the event, no claims of the client can be derived from these defects.
 

 

7 liability

(1) marrybylen is only liable to the client due to legal or contractual liability in the event of intent or gross negligence.
 
(2) All contracts with third parties are concluded exclusively in the name and on behalf of the customer.
Accordingly, marrybylen is not liable for claims or claims of the customer against third parties or third parties against the customer, as well as damage caused by third parties.
 
(3) marrybylen is not liable under this contract for the consequences of force majeure. These include orders from authorities (e.g. due to Covid 19), wars, civil unrest, hijacking, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, etc.

 

8 retention of title | rights of use | self-promotion

All services rendered and products supplied remain the property of marrybylen until all claims (including all balance claims from current accounts) have been settled in full.
Rights of use of any kind to the concepts, texts, photographs, plans, programs, sketches, drafts and models created by marrybylen in connection with the fulfillment of the contract remain with marrybylen subject to explicit, otherwise written regulation of the parties.
marrybylen is entitled to use texts, designs, concepts, photos and delivered goods from this contract for the purpose of self-promotion and for reference purposes. Furthermore, marrybylen is entitled to make photo and video recordings of decorations during the event or to request them from the respective photographer / videographer and to use them for self-promotion and for reference purposes. This also includes the dissemination of electronic media, e.g. Internet.

 

9 rental properties

The following conditions are part of the rental of rental objects to the client. General terms and conditions of the client, changes to these terms and conditions and side agreements are only valid if marrybylen has expressly agreed to them in writing. The rented items are owned by Madlen Schmoz, Trang Dang, Wiebke Schneider or owned by third parties (decoration rental).
 
  • 1. The customer is not permitted to let third parties use the rented property.
  • 2. The rental objects may not be used for purposes other than intended. The purpose of use results from the request and the order confirmation.
  • 3. The rented property may not be parked outdoors unattended after the end of an event.
  • 4. The rental property may not be used or parked outdoors during bad weather.
  • 5. Leased items such as porcelain and cutlery are to be cleaned of leftovers after use and rinsed with clear water or wiped with a damp cloth. Cleaning in a dishwasher is strictly prohibited.
  • 6. All other rental objects such as cake stands, cake stands, vases and candle holders must be returned in a clean condition.
  • 7. Should a rented property be damaged or lost, marrybylen is to be notified immediately after becoming aware of it.
  • 8. marrybylen obliges the tenant to treat the items carefully and with care and to return them in perfect condition. The lessee bears the responsibility for the loaned goods from acceptance to return of the goods. Since the exact inspection of the rented item for cracked, broken or missing porcelain must first be checked (max. 10 days after the end of the rental relationship), the return of the rented item is subject to reservation. Missing quantities, breakage and damage must be borne by the tenant.

 

10 Counter rights | Transfer of Rights | limitation

(1) The client may oppose claims of marrybylen retention rights only from this assert agreement and only with undisputed or legally established set off receivables.
 
(2) The claims of the client become statute-barred after 6 months from the due date, at the latest from obtaining the knowledge of the principal from the circumstances surrounding the creation of the claim justified or from the date on which the claim is based on a mandatory statutory exclusion period should have been asserted. The agreement between the parties is that the statute of limitations is shortened to any discrepancies currently and to regulate quickly.

 

11 data processing

(1) All data provided to marrybylen will be treated confidentially and only to third parties purposes of the implementation of this agreement.
 
(2) Any contact details of the client, that marrybylen got for the planning and implementation of the event are deleted no later than 6 months after the event.
 

 

12 general provisions

(1) All agreements, including those on ancillary agreements, require the legal validity of the written confirmation from marrybylen, as well as the cancellation of this clause. By an exercise deviating from the text of the contract in individual cases will not give any rights or rights duties established.
 
(2) The client hereby authorizes one another to hand over and to receive declarations of intent relating to this agreement. Changes are immediately indicated to marrybylen.
 
(3) Should any provision of this agreement be or become invalid in whole or in part, it will not affect the validity of the remaining provisions. The parties are obliged to ineffective provision to replace by provisions that serve the economic purpose of as ineffective as possible.
 

 

13 final provision

marrybylen is operated by the owner Madlen Schmoz. Company headquarters is: Antwerpener Str. 49, 13353 Berlin. The contractual relationship between the client and marrybylen is governed by the law of the Federal Republic of Germany, irrespective of the nationality of the client. Jurisdiction is Berlin.