Terms & Conditions for Consumers (B2C)

This is a courtesy translation for your convenience. Only the German version is legally binding under German law — this includes the right-of-withdrawal notice below.

Version: 14 August 2026 · Version 2026-08-14-B2C · Print / save as PDF

This version applies to contracts with consumers (§ 13 German Civil Code, BGB). For contracts with businesses, see the Terms for Businesses (B2B).

§ 1 Scope

(1) These Terms & Conditions apply to contracts between Tobias Wachter · Grafik und Kommunikationsdesign, Aspergstr. 28A, 70186 Stuttgart — hereinafter the "Contractor" — and consumers within the meaning of § 13 BGB — hereinafter the "Client".

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(3) These Terms apply in particular to services in the following areas:

(4) Individual agreements between the parties take precedence over these Terms.

(5) The content and scope of the owed service are determined, in order of priority, by: 1. the relevant individual contract, 2. the expressly incorporated offer including the service description and any attachments, 3. expressly agreed changes or additional services, 4. these Terms as a supplement.

§ 2 Formation of Contract and Offers

(1) Offers by the Contractor are non-binding unless expressly designated as binding.

(2) If an acceptance period is stated in an offer, the offer may be accepted within that period.

(3) A contract is formed in particular by:

(4) Before the contract is concluded, the Client receives the consumer information legally required for the relevant contract.

(5) For distance contracts and contracts concluded away from business premises, the statutory provisions on the right of withdrawal additionally apply (see § 28).

§ 3 Scope of Services

(1) The content and scope of the owed service result from the relevant offer and contract.

(2) Services, features, content, variants or characteristics not agreed there do not form part of the owed scope of services.

(3) General service descriptions such as, in particular:

only apply to the extent they are described in more detail in the specific offer.

(4) No particular subjective design effect is owed, unless a specific characteristic has been agreed.

(5) A particular economic outcome is only owed if expressly agreed as a binding result of the service. Absent such an agreement, in particular no specific:

are guaranteed.

(6) Statutory claims of the Client for a deviation from the agreed characteristics remain unaffected.

§ 4 Client's Cooperation

(1) Where necessary to carry out the order, the Client shall provide the Contractor with the necessary content, information, files and access credentials in a timely manner. This may include, in particular:

(2) The Client is responsible for the factual accuracy of the information it provides, unless reviewing it is expressly part of the scope of services.

(3) The Client warrants that it holds the rights necessary for the contractual use of the images, texts, logos and other content it provides.

(4) The Contractor is not obliged to research or create missing content itself, unless agreed.

(5) Delays due to missing required cooperation may lead to a reasonable postponement of the project schedule.

§ 5 Feedback and Approvals

(1) Unless another deadline is agreed, the Client should provide required feedback within five business days of receiving the relevant project state.

(2) Feedback should, where possible, be submitted collectively and unambiguously.

(3) Approvals, change requests and other material project decisions should, for evidentiary reasons, be made in text form, for example by email.

(4) By an expressly stated approval, the Client confirms the relevant project state as the basis for further work.

(5) Before approving, the Client should in particular check:

(6) Changes to a project state that has already been expressly approved may constitute an additional, separately agreed service.

(7) Statutory warranty rights remain unaffected by this.

(8) Silence by the Client on a draft or interim state does not constitute approval.

§ 6 Revision Rounds

(1) The scope of services includes the revision rounds expressly agreed in the offer or contract. Unless agreed otherwise, two revision rounds are included.

(2) A revision round refers to a completed round of revisions relating to a specific project state.

(3) The Client shall submit the desired changes as far as possible together, and specifically enough that they can be clearly implemented.

(4) As long as the Contractor has not yet started implementing the feedback, several messages may be combined into one revision round.

(5) Change requests received after implementation has started may be assigned to a further available revision round.

(6) Revision rounds cover changes within the agreed design concept. This may include, in particular, minor changes to:

(7) In particular, the following are not treated as a mere revision:

Such services require a separate agreement.

(8) Remedying a defect is not counted against a revision round.

§ 7 Additional Services and Changes to the Order

(1) If the Client wishes services outside the originally agreed scope of services, the Contractor will inform it, before carrying them out, of the resulting additional costs or how they will be calculated.

(2) The additional services are only carried out once the Client has expressly commissioned them.

(3) Unless a fixed price is agreed, payment is made at the agreed hourly rate.

(4) Additional services may require a reasonable extension of the project period.

§ 8 Fees and Payment

(1) The agreed fee results from the relevant offer or contract.

(2) The fee is exclusive of the applicable statutory VAT.

(3) The payment schedule and due dates result from the relevant contract or offer.

(4) Unless otherwise agreed, invoices are payable within 14 calendar days of receipt.

(5) Where works-contract law applies, the statutory provisions on the due date of remuneration, in particular in connection with acceptance, remain unaffected.

(6) In the event of payment default, the statutory provisions apply.

(7) The Client's statutory rights of set-off, retention and refusal of performance remain unaffected.

§ 9 Deadlines and Project Delays

(1) Deadlines are only binding if expressly agreed as binding.

(2) Agreed project deadlines presuppose that the Client provides necessary cooperation in a timely manner.

(3) If required cooperation is delayed, any deadlines dependent on it are postponed accordingly.

(4) After a longer interruption caused by the Client, rescheduling the project may become necessary. The Contractor will inform the Client of this.

(5) The statutory rights of both parties remain unaffected.

§ 10 Failure to Cooperate

(1) If an act by the Client is required for the Contractor to provide its service, the Contractor may request the Client to carry out that act.

(2) Where the statutory requirements are met, the Contractor may set a reasonable deadline and assert the statutory rights arising from a failure to cooperate.

(3) For works contracts, the statutory provisions of §§ 642 and 643 BGB remain unaffected in particular.

(4) The statutory rights of refusal of performance and retention remain unaffected for both parties.

§ 11 Drafts, Working Files and Delivery Formats

(1) Drafts, interim states, test versions and other unfinished working states generally serve project coordination.

(2) Providing an interim state does not mean that it already represents the completed final product.

(3) The owed delivery formats result from the offer or contract.

(4) Editable working files such as, for example:

are only delivered if expressly agreed.

(5) For web projects, the handover of technical project files is governed by the agreed scope of delivery.

(6) Internal tools, templates, libraries, routines and cross-project technical aids are not part of the delivery, unless expressly agreed.

§ 12 Usage and Copyright

(1) Copyright remains with the respective author.

(2) The nature and extent of the usage rights granted to the Client result from the relevant offer or contract.

(3) Unless otherwise agreed, the Client receives a simple, unlimited (in time and territory) right of use for the agreed purpose.

(4) Agreed usage rights are generally granted after full payment of the fee owed for them.

(5) Technically necessary changes in size, format or file type within the agreed purpose of use are permitted.

(6) Further editing, transfer or exclusive usage rights require a corresponding agreement.

(7) Deviating usage rights may be agreed for logo, photography or other services.

(8) The Client's statutory rights remain unaffected.

§ 13 AI-Assisted Service Delivery

(1) The Contractor may use AI tools to support the delivery of its services, in particular for research, ideation, concept development, text, image editing or technical implementation, unless expressly excluded.

(2) Personal or confidential content is only processed in compliance with statutory and contractual requirements.

(3) For purely or predominantly AI-generated elements, legal protectability may be limited.

(4) A guarantee that every AI-assisted element is independently protected by copyright or exclusively usable exists only if expressly agreed.

(5) Statutory transparency and labeling obligations remain unaffected.

§ 14 Web Design and Technical Framework Conditions

(1) The technical implementation of a website is governed by the offer.

(2) Where a static website is agreed, the service does not include an editorially manageable content-management system, unless expressly agreed.

(3) Responsive design means reasonable adaptation of a website to different common screen sizes.

(4) Pixel-identical display across all:

is not technically owed, unless a corresponding characteristic has been expressly agreed.

(5) The website is generally implemented for current, market-standard browsers and operating systems supported by their manufacturer.

(6) Minor technically caused display differences are not a defect if the agreed functionality, usability and characteristics are essentially preserved.

§ 15 Third-Party Providers

(1) Where the service involves products or services from third parties, for example:

their availability and operation are additionally governed by the terms of the relevant third-party provider.

(2) The Contractor is not responsible for changes or outages of a third-party provider, unless it is responsible for them.

(3) If a third-party product is changed, discontinued or becomes technically incompatible after the project is completed, a required later adjustment may constitute a separately commissioned service.

(4) Statutory claims for defects and liability due to a breach of duty for which the Contractor is responsible remain unaffected.

§ 16 Performance, SEO and Accessibility

(1) An agreed performance optimization includes the technical optimization measures described in more detail in the offer.

(2) A specific PageSpeed, Lighthouse, Core Web Vitals or other measurement value is only owed if expressly agreed as a characteristic or binding result.

(3) SEO services improve technical or editorial conditions for findability in search engines. A specific ranking or placement is only owed if expressly agreed.

(4) Where accessibility services are commissioned, their scope is governed by the relevant offer.

(5) Full compliance with WCAG, BITV, BFSG or other statutory requirements is only owed if expressly agreed.

(6) A technical or design accessibility service does not constitute legal advice, unless permissible legal advice is expressly the subject of the contract.

§ 17 Maintenance, Support and Backups

(1) The scope and content of maintenance, support or upkeep services result from the chosen plan or offer.

(2) Where updates have been agreed, the service includes the proper implementation of the updates provided for within the agreed scope.

(3) Adjustments required due to a significant change or discontinuation of third-party software may fall outside the agreed maintenance scope. The Client will be informed before any chargeable additional service.

(4) Security measures serve to reduce technical risk. Complete protection from attack cannot be technically guaranteed.

(5) Where backups are agreed, the backup scope, interval and retention period result from the relevant plan.

(6) Restoration is based on an existing, technically usable backup.

(7) Agreed response times refer to the time until work begins or a qualified response, and not a guaranteed resolution time, unless expressly agreed otherwise.

(8) Unused monthly included time expires at the end of the relevant billing period if expressly agreed in the specific plan.

§ 18 Third-Party Costs and Services

(1) Costs of external providers are only part of the agreed fee if expressly stated in the offer. This includes, for example:

(2) Before commissioning additional chargeable third-party services, the Client is informed of the resulting costs.

§ 19 Legal Content

(1) Legal advice or a legal review is not part of the service, unless expressly and legally permissibly agreed.

(2) This concerns, in particular, the legal review of:

(3) Legal texts provided by the Client may be technically integrated in accordance with the agreed scope of services.

(4) The technical integration of a legal text or consent system does not constitute confirmation of its legal completeness or permissibility.

§ 20 Warranty and Defect Rights

(1) The statutory warranty rights apply.

(2) The Client is asked to report identified defects as specifically as possible so that the Contractor can review and, where applicable, remedy them. Failing to report within a certain period does not result in the loss of statutory consumer rights.

(3) In the event of a defect, the statutory rights to subsequent performance and other statutory warranty rights apply.

(4) Changed wishes or requirements arising after the service has been properly delivered do not constitute a defect.

(5) The Contractor is not responsible for incorrect content provided by the Client, provided it neither knew of its incorrectness nor was obliged to check it, and no breach of duty on its own part exists.

§ 21 Acceptance for Works-Type Services

(1) Where the agreed service is to be accepted under works-contract law, the statutory provisions on acceptance apply.

(2) The Client is obliged to accept a work produced in accordance with the contract. Acceptance cannot be refused because of insignificant defects.

(3) After completion, the Contractor may set the Client a reasonable deadline for acceptance.

(4) Deemed acceptance under § 640(2) BGB only applies to a consumer if the Contractor, together with the request for acceptance, informed the consumer in text form of the statutory consequences of a failure to accept, or a refusal of acceptance without stating a defect.

(5) Statutory warranty rights remain unaffected.

§ 22 Liability

(1) The Contractor is liable without limitation:

(2) For a slightly negligent breach of a material contractual obligation, the Contractor is liable for the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfillment makes proper performance of the contract possible in the first place and on whose observance the Client may regularly rely.

(3) In all other respects, liability for slightly negligent breaches of duty is excluded, insofar as legally permissible.

(4) The above liability provisions apply correspondingly to the Contractor's legal representatives and vicarious agents.

(5) Mandatory statutory claims remain unaffected.

(6) For data loss, the Contractor is liable — unless unlimited liability applies under the preceding paragraphs — only for the restoration effort that would also have arisen with proper, regular and risk-appropriate data backup.

§ 23 Data Protection

(1) Personal data is processed in accordance with the applicable data-protection provisions.

(2) Details can be found in the Contractor's privacy policy (German).

(3) Insofar as, in an individual case, personal data is processed on behalf of a Client and the statutory requirements of Art. 28 GDPR are met, a corresponding agreement will be concluded.

§ 24 Confidentiality

(1) Confidential information exchanged in connection with the contract is used exclusively to perform the contract and treated as confidential.

(2) This does not apply to information that:

§ 25 Archiving

(1) Permanent archiving of project and working files is only owed if expressly agreed.

(2) The Contractor may delete project files no longer required after a reasonable time, provided no statutory retention obligations, data-protection duties or other contractual obligations stand in the way.

(3) The Client should permanently back up the final products handed over to it itself.

§ 26 Termination of Works-Type Services

(1) Where works-contract law applies, the Client may terminate the contract up to completion under the statutory provisions.

(2) The consequences for remuneration of such termination are governed by § 648 BGB.

(3) Either party may terminate a works contract for good cause under the statutory requirements.

(4) For termination for good cause, the statutory provisions of § 648a BGB apply in particular.

(5) Where required cooperation by the Client is not provided, the Contractor's statutory rights, in particular under §§ 642 and 643 BGB, remain unaffected.

§ 27 Continuing Contracts

(1) The term and termination conditions of maintenance, monitoring and other continuing obligations result from the relevant offer.

(2) Absent a special agreement, the contract runs for an indefinite period.

(3) In that case, an indefinite-term contract may be terminated by either party with four weeks' notice to the end of a calendar month.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) Mandatory consumer-protection termination rights remain unaffected.

§ 28 Right of Withdrawal

(1) For distance contracts and contracts concluded away from business premises, the Client, as a consumer, generally has the statutory right of withdrawal, unless a statutory exception applies.

(2) The Client will be separately informed about the existence, period, exercise and consequences of the right of withdrawal in accordance with statutory requirements (see Annex 1).

(3) The withdrawal notice and the model withdrawal form are not part of these Terms; they are provided to the consumer separately (Annexes 1 and 2).

(4) Physically delivered, custom-made products (in particular individually produced printed items) are excluded from the right of withdrawal (§ 312g(2) no. 1 BGB). This exception applies to custom-made goods, not generally to design/web-design services.

(5) For the provision of digital content, the right of withdrawal expires in accordance with § 356(5) BGB (express consent and acknowledgment before commencement, see Annex 3).

(6) If the Client expressly wishes the Contractor to begin a service before the statutory withdrawal period expires, the statutory provisions on early commencement of performance and, where applicable, compensation for value apply.

(7) The right of withdrawal only expires under the statutory conditions.

§ 29 Consumer Dispute Resolution

(1) The Contractor is not obliged, and generally not willing, to take part in dispute-resolution proceedings before a consumer arbitration board, unless a statutory obligation exists.

(2) Statutory information obligations under the German Consumer Dispute Resolution Act remain unaffected.

§ 30 Final Provisions

(1) The law of the Federal Republic of Germany applies. Mandatory consumer-protection provisions of the state in which the Client has their habitual residence remain unaffected, insofar as they apply due to mandatory statutory provisions.

(2) No exclusive place of jurisdiction deviating from the statutory provisions is agreed to the detriment of the consumer.

(3) The statutory place of jurisdiction applies.

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of any invalid provision.

Annex 1 — Withdrawal Notice

The following notice is the courtesy translation of a statutory German consumer-protection disclosure. Only the German original is legally binding and should be used to actually exercise a withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Tobias Wachter, Aspergstr. 28A, 70186 Stuttgart, kontakt@tobias-wachter.de, +49 711 91 25 39 55) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that services should begin during the withdrawal period, you shall pay us an amount proportionate to what has been performed until the time you inform us of the exercise of the right of withdrawal, in comparison with the full scope of services provided for in the contract.

Annex 2 — Model Withdrawal Form

(If you want to withdraw from the contract, please fill in this form and return it.)

— To Tobias Wachter, Aspergstr. 28A, 70186 Stuttgart, kontakt@tobias-wachter.de, +49 711 91 25 39 55:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is notified on paper)

— Date

(*) Delete as appropriate.

Annex 3 — Declaration on Early Commencement of Performance

I expressly request that Tobias Wachter begin performing the commissioned service before the withdrawal period expires. I am aware that I lose my right of withdrawal once the contract has been fully performed, and that if I withdraw before performance is complete I owe compensation for the value of the services already provided.

Date / Signature: __________________________

Note: These Terms do not replace individual legal advice. For special contractual arrangements or larger project volumes, review by a lawyer is recommended. This English text is a courtesy translation; the German version is legally binding.