General Terms and Conditions
This is a courtesy translation. The German version (Allgemeine Geschäftsbedingungen, namuba.de/agb/) is legally binding. In case of doubt, the German text prevails (see section 17.5). The terms refer to German law, to the German provisions cited and to German practice.
§ 1 General, scope and conclusion of contract
1.1 The work and services of NAMUBA (Christian Janzen), Büscherweg 21, 33609 Bielefeld, Germany, hereinafter the "Contractor", are agreed and provided exclusively under these General Terms and Conditions (T&Cs), unless something different has been agreed in text form in an individual case. The Contractor also operates under the brands HERZKOLLEKTIV and TRIPFABRIK. These T&Cs apply to all brands.
1.2 The T&Cs apply to all services of the Contractor, in particular web design, support and maintenance plans, photography, video production, colour grading, photo editing, graphic design, social media content, and wedding and family films and photos.
1.3 The client may be a business (Section 14 BGB, German Civil Code) or a consumer (Section 13 BGB). Provisions that apply to only one of these groups are expressly marked.
1.4 Any counter-confirmation by the client referring to its own terms and conditions is expressly rejected. The client's general terms and conditions become part of the contract only if the Contractor has expressly recognised them in text form.
1.5 Sections 10 to 12 contain special provisions for individual service areas. In the event of a conflict, they take precedence over the general provisions.
1.6 Descriptions of services, packages and prices on the website, in social media profiles or in brochures are non-binding. Individual quotations are valid for 30 days from the date of the quotation unless stated otherwise. The contract is concluded when the client accepts the quotation in text form (for example by email, signature, or confirmation by messenger) or when the Contractor confirms the order in text form. If the Contractor starts work at the express request of the client, the contract is concluded at the latest at that point.
1.7 Side agreements, amendments and additions to the contract require text form. Individual agreements take precedence over these T&Cs.
§ 2 Remuneration, payment and withdrawal
2.1 For business clients, work and services are carried out after full advance payment, unless agreed otherwise (for example through a payment plan in the quotation).
2.2 For consumers, unless the quotation provides otherwise, the following payment plan applies:
- Web design: 40% on order, 40% on approval of the design, 20% on handover or go-live.
- Photo, film and social media content: 30% on booking, the rest on delivery or acceptance.
- Ongoing services (support plans, hosting brokerage): in advance for each billing period.
2.3 Unless otherwise provided, the agreed remuneration under the order confirmation or invoice is due without deduction within 7 days of invoicing for business clients and within 14 days of invoicing for consumers. In the event of late payment, statutory default interest under Section 288 BGB applies. For business clients, the flat-rate default charge of €40 under Section 288(5) BGB also applies. The right to claim further damages remains unaffected.
2.4 For long-running services, the Contractor may invoice partial payments for partial services already performed.
2.5 In the event of late payment, the Contractor may withhold further services and postpone the handover of files and go-live until payment is received.
2.6 If the client cancels or makes changes, or if the service conditions change, the client bears the resulting costs to the extent they could not have been avoided. Otherwise section 2.7 applies.
2.7 If the client terminates the contract or withdraws from it, the Contractor may, in addition to the remuneration for services already performed, demand the following flat-rate amounts for the services not performed:
- Project services (for example web design, post-production): before the project starts, 30% of the agreed remuneration; after the project starts, 30% of the remuneration attributable to the part not yet performed.
- Appointment-based services (shoot, filming, event): up to 30 days before the appointment 25%, 29 to 14 days before 50%, from 13 days before 80% of the agreed remuneration.
The client remains free to prove that the Contractor has suffered no loss or a substantially lower loss. The Contractor remains free to prove a higher loss. Down payments already made are credited.
2.8 All prices stated in quotations and orders are exclusive of the applicable statutory VAT for business clients and inclusive of VAT for consumers. [Falls Kleinunternehmerregelung: Gemäß § 19 UStG wird keine Umsatzsteuer berechnet.] Not included are the costs of daily technical flat rates, actors, props, packaging, insurance, shipping and data carriers unless they are included in the quotation.
2.9 The client may only set off claims that are undisputed or have been finally determined by a court.
§ 3 Travel, accommodation and incidental costs
3.1 All travel costs, travel time and necessary accommodation costs are charged in addition, at actual cost. These include accommodation, expenses, rental cars, train and air travel, parking fees and tolls.
3.2 For journeys in the Contractor's own vehicle, a charge of €0.80 per kilometre driven applies.
3.3 Travel time is charged at 50% of the daily rate of the respective employee. If no daily rate has been agreed, the hourly rate for travel time is €50 net per hour. For consumers, all amounts include VAT.
3.4 If the client postpones or cancels an appointment, the client bears the non-refundable travel costs and any cancellation costs of third parties.
3.5 Fees, admission charges and permit costs required for the service are charged separately after prior agreement.
§ 4 Obligations of the client
4.1 The client provides the Contractor with all data and documents required to carry out the project (texts, images, logos, access credentials, schedules, contact persons) in good time, in full and in usable form, within 30 days of the Contractor's request. If the client does not meet this deadline, the client receives a one-time grace period of 14 days. If the client also fails to meet this grace period, the Contractor may terminate the contract and, in addition to the remuneration for services already performed and costs incurred, demand a flat-rate amount of 30% of the remuneration attributable to the part not performed. The client remains free to prove that the Contractor has suffered no loss or a substantially lower loss.
4.2 The client approves drafts and interim results within 14 days or communicates specific change requests. If there is no reply, agreed deadlines are extended accordingly.
4.3 The client bears the risks that arise during the work in its business or in its sphere (for example safety requirements, access, facilities, people on site) to the extent the client is responsible for them. The Contractor's liability is governed by section 7.
4.4 For appointment-based services (shoots, filming, events), the client arranges access, the necessary permits from the venue and a contact person who can be reached on site.
§ 4a No response and project standstill
4a.1 Reachability: When placing the order, the client names a contact person with an email address and, if desired, a phone number or messenger. Notices from the Contractor in text form to these contact details are deemed received as long as no non-delivery is known. The client notifies the Contractor of changes to the contact details without delay in text form.
4a.2 Project standstill: A standstill exists if the client fails to provide cooperation that is necessary for the project to progress (for example delivery of content, approval of drafts, reply to questions, agreeing appointments or payment of an invoice that is due) within the period agreed for it. If no express period has been agreed, it is 10 days from the Contractor's request. Sections 4.1 and 4.2 remain unaffected.
4a.3 Reminder: In the event of a standstill, the Contractor reminds the client in text form (for example by email or messenger) of the outstanding cooperation and sets a period of 10 days for it.
4a.4 Final request: If the client still does not provide the cooperation, the Contractor requests it one last time in text form to the email address under section 4a.1 and sets a grace period of 21 days. The request contains a notice that, if the period expires without result, the Contractor will terminate the contract and assert the rights under section 4a.6. The Contractor is not obliged to send further reminders or make further attempts at contact, in particular by phone.
4a.5 Suspension of services: For as long as the standstill continues, the Contractor's obligations to perform are suspended. Agreed delivery dates, deadlines and reserved appointments are postponed by the duration of the standstill. The Contractor does not have to keep capacity free for the project. After the project resumes, the Contractor starts with a reasonable lead time of at least 14 days.
4a.6 Termination in the event of continued non-response: If the client does not respond by the end of the grace period and does not provide the cooperation, the contract is deemed cancelled (Section 643 BGB), provided the request contained the notice of termination under section 4a.4. The Contractor retains the claim to remuneration for the services performed up to that point (in particular drafts, concepts, preparatory work and recordings) and to reasonable compensation under Section 642 BGB. For the part not performed, the Contractor may demand the flat-rate amount under section 2.7. The client remains free to prove that the Contractor has suffered no loss or a substantially lower loss. Down payments already made are credited.
4a.7 Rights of use and material: Until full payment, section 8.3 applies. Drafts, interim results that have not been accepted, raw material and project files are not handed over (sections 11.3 and 11.11) unless remunerated separately.
4a.8 Resumption: If the client gets in touch later, the Contractor is willing, but not obliged, to resume the project subject to availability. The Contractor may charge a flat fee of €[Betrag] net for familiarisation and re-planning and apply the prices valid at that time. After [6 Monaten] without contact, resumption is treated as a new order.
4a.9 Data: The Contractor archives the project data under section 11.4 and then deletes it. The client's access credentials are deleted or returned under section 14.5. The client backs up its own data itself.
4a.10 Consumers: Statutory rights of consumers remain unaffected. In every request under sections 4a.3 and 4a.4, the Contractor points out the consequences.
§ 5 Delivery periods, appointments and delivery
5.1 Agreed delivery periods are non-binding unless the Contractor has expressly designated them as binding commitments.
5.2 If the Contractor is in default with its services, the client first sets a reasonable grace period in text form. If it expires without result, the client may withdraw under the statutory provisions. For business clients, compensation for damage caused by delay is limited, in cases of slight negligence, to the value of the order. Section 7 remains unaffected.
5.3 Events outside the Contractor's sphere of influence (force majeure, illness, accident, failure of technology or infrastructure, official orders, extreme weather) extend agreed deadlines appropriately. If the obstacle lasts longer than four weeks, either party may withdraw from the part not yet performed.
5.4 Delivery is digital by a download link that remains available for at least 30 days. The Contractor's delivery obligation is fulfilled as soon as the work or services have been made available or sent. For business clients, the client bears the risk of transmission (for example damage, delay or loss), whatever medium is used. For consumers, the statutory rules on the passing of risk apply.
5.5 The client may postpone an agreed appointment once free of charge if the client notifies the Contractor in text form at least 14 days in advance and the Contractor is available on the new date. Every further postponement is treated as withdrawal with a new booking; section 2.7 applies.
5.6 Physical data carriers (for example hard drives, SSDs, USB sticks) and cloud services for delivery must be paid for by the client in addition.
§ 6 Acceptance, defects and warranty
6.1 The client inspects the work and services delivered without delay after receipt and reports defects in text form immediately after discovering them. For business clients, obvious defects are deemed approved if they are not reported within 10 working days of delivery; hidden defects must be reported without delay after discovery. Statutory rights of consumers remain unaffected.
6.2 The Contractor reports completion in text form. The service is deemed accepted if the client does not report material defects in text form within 14 days of this notice or puts the service into productive use (for example go-live of the website, publication of the film). The Contractor points out this consequence in the notice.
6.3 Two rounds of corrections for each partial service are included in the price (for example design draft, rough cut, fine cut, image selection). The client bundles its change requests for each round in text form. Every further correction and every change request that does not concern a defect is charged at an hourly rate of €100 net.
6.4 In the event of defects, the Contractor has the right to cure (repair or produce again). This is free of charge for the client. The client sets a reasonable period for this; at least two attempts at repair are regarded as reasonable. If cure fails, the client may reduce the price or withdraw from the contract. For business clients, claims for defects become time-barred 12 months after acceptance; for consumers, the statutory periods apply.
6.5 The following are not defects: deviations caused by changed requirements from the client, by matters of taste within the scope of creative freedom, by differences in display (screen, browser, device, print), by interference from third parties or by updates to third-party software after acceptance.
6.6 Claims for damages and under guarantees are governed exclusively by section 7. The Contractor gives guarantees only if it expressly declares them as such in text form.
§ 7 Liability
7.1 The Contractor is liable without limit for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, for guarantees expressly given and under the Product Liability Act.
7.2 In the event of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the client may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. For business clients it is also limited to the amount of the remuneration for the order concerned. Otherwise, liability for slight negligence is excluded.
7.3 For events that cannot be repeated (wedding, events), the Contractor takes reasonable precautions, for example backup equipment and double storage. If material is lost despite this care because of technical faults, the Contractor is liable for simple negligence at most up to the amount of the remuneration for the service concerned. Section 7.1 remains unaffected.
7.4 The Contractor is not liable for content supplied by the client or for failures or changes of third-party services (hosting, domains, plugins, themes, social media platforms). For infringements of rights that are based on content or requirements from the client, section 9 applies in addition.
7.5 In the event of data loss, the Contractor is liable only for the effort that would have been needed for restoration if the client had made regular backups appropriate to the risk.
7.6 For business clients, claims for damages become time-barred after one year unless section 7.1 applies. The liability provisions also apply for the benefit of the Contractor's employees, subcontractors and vicarious agents.
§ 8 Copyright and rights of use
8.1 The services developed under the order are protected as personal intellectual creations by the Copyright Act. The copyright remains with the Contractor. This provision is also deemed agreed if the level of originality required under the Copyright Act is not reached.
8.2 On full payment of the agreed remuneration, the client acquires the rights of use to all work produced under the order for the contractually agreed duration and to the contractually agreed extent. Unless agreed otherwise, this is a simple, non-transferable right of use, unlimited in time, for the client's own purposes. Territorially, it applies worldwide for online presences (website, social media) and, for all other uses (for example print, outdoor advertising, trade fairs), in Germany, Austria and Switzerland. Further territories or types of use require an agreement in text form and are subject to a fee.
8.3 Rights of use already acquired remain in place after the end of the contract. Rights of use to work that has not yet been paid for when the contract ends remain with the Contractor. Until full payment, use is permitted only provisionally and subject to revocation.
8.4 For wedding and family recordings, consumers receive a right of use for private, non-commercial purposes. This includes sharing with family and guests and publication on private social media profiles.
8.5 The Contractor may sign the advertising materials it has developed in an appropriate manner (for example "Photo/Film: NAMUBA") and may publish the order it has received for its own promotion (portfolio, website, social media). Signing and promotional use can be excluded by a separate agreement. Business clients may object to the use as a reference at any time with effect for the future. For consumers, for wedding and family recordings and for recognisable people, it takes place only with express consent.
8.6 The Contractor's work may not be changed by the client or by third parties instructed by the client, either in the original or in reproduction. Exceptions are customary technical adjustments (format, size, compression) and the client's maintenance of the content of a website. Imitating essential design features, including parts of the work, is not permitted. In the event of breach, the Contractor is entitled, against business clients, to a fee equal to the agreed remuneration in addition to the agreed remuneration. The client remains free to prove a lower loss and the Contractor a higher one.
8.7 Transferring granted rights of use to third parties and multiple uses are, unless regulated in the initial order, subject to a fee and require the Contractor's consent. Section 8.4 remains unaffected.
8.8 The Contractor is entitled to information about the extent of use.
§ 9 Third-party rights, collecting societies and artists' social insurance levy
9.1 The client is responsible for ensuring that all content, materials and requirements it supplies are free of third-party rights or that it may use them (copyright, trademark, personality and data protection rights) and that they do not violate any statutory provisions. The client indemnifies the Contractor against third-party claims arising from the infringement of such rights, to the extent the client is responsible for the infringement.
9.2 The client is responsible for the legal review and suitability of the content provided for its intended use. The client is also responsible for the lawful use of the work created, in particular for advertising claims, price information, imprint and privacy policy. The Contractor does not carry out any legal review and does not provide legal advice. Its liability is governed by section 7.
9.3 The client undertakes to pay any fees due to collecting societies such as GEMA. If the Contractor advances these fees, the client reimburses them on proof. This may also happen after the contractual relationship has ended.
9.4 The client is informed that, when an order in the artistic, conceptual and advertising consulting field is placed with an individual, an artists' social insurance levy (Künstlersozialabgabe) may have to be paid to the Künstlersozialkasse. The client may not deduct this levy from the Contractor's invoice. The client is responsible for complying with the registration and levy obligations.
§ 10 Internet services (web design)
10.1 Acceptance and approval: The client reviews all drafts, layouts and designs delivered within 14 days and either approves them or communicates change requests. If there is no reply within this period, the drafts are deemed accepted. The Contractor points out this consequence when sending the drafts.
10.2 Service packages and additional services follow from the individual quotation and the price list on namuba.de valid at the time of the quotation. In the event of a conflict, the quotation applies.
10.3 Websites are built on the basis of WordPress or other technologies such as Next.js or Astro. For WordPress, unless agreed otherwise, the Divi theme is used with third-party plugins. The licence terms of third-party components used (themes, plugins, frameworks, libraries) apply to them. Valid licences are required for theme and plugin updates. The quotation states whether the Contractor's licence is used or whether the client acquires its own licence. If use of the Contractor's licence ends (for example because a support plan is cancelled), the client is responsible for its own licence.
10.4 Browser compatibility: The Contractor ensures that the websites it creates are compatible with the current versions of the main browsers (Chrome, Firefox, Safari, Edge) at the time of completion. No liability is accepted for later compatibility problems caused by browser updates.
10.5 Content: The client supplies all content (texts, images, videos and so on), unless it has been agreed that the Contractor will create it. Section 9 applies to the legal admissibility and the copyright of the content provided. The client checks the content before publication.
10.6 Change requests: After the design has been accepted, the client's change requests are treated as additional services and charged by effort at an hourly rate of €100 net.
10.7 Backup, maintenance and support plans: On request, the Contractor offers regular backups and maintenance work for an additional fee, in particular through the support plans Essential, Performance and Enterprise. The services follow from the respective plan description and may differ depending on the technology (WordPress, Next.js, Astro). Without these additional services, responsibility for backup, updates and maintenance of the website lies with the client. The minimum term of a support plan is [3 Monate]. After that it renews for an indefinite period and may be cancelled with one month's notice to the end of a month. The Contractor announces price increases in text form at least six weeks in advance; the client may then cancel with effect from the date the increase takes effect. The right to terminate for good cause remains unaffected.
10.8 Hosting and domain: On request, the Contractor offers hosting services, namely through all-inkl.com. The costs for this are charged separately. Unless agreed otherwise, the hosting contract is concluded directly between the client and the hosting provider. Domains are registered in the name and at the expense of the client. The client is the domain holder and is responsible for renewing domain registrations in good time.
10.9 Search engine optimisation (SEO): If agreed, the Contractor carries out basic SEO measures. Long-term success of a website in search engines requires continuous measures, which are agreed and charged separately. No particular success in rankings, reach or conversions is owed unless it has been expressly promised.
10.10 Handover: Handover takes place with a handover protocol. On handover the client receives the access credentials and changes the passwords.
10.11 Accessibility under the Barrierefreiheitsstärkungsgesetz (BFSG, German Accessibility Act) is owed only if expressly agreed. The client checks for itself whether there are statutory accessibility obligations for its offering.
10.12 Web analytics: If the Contractor sets up web analytics at the client's request (for example with Matomo), the client is responsible for the legal basis, consent (for example a cookie notice, where required) and the privacy policy. Section 9.2 applies accordingly.
§ 11 Graphic design, photo, film and post-production
11.1 The number of filming days and recording hours, the film length, the number of edited photos and the delivery formats follow from the quotation.
11.2 The Contractor chooses image selection, editing, colour and music at its artistic discretion within the agreed framework. Customary image editing and colour grading are included; elaborate retouching and compositing are charged separately.
11.3 Raw material (RAW files, unedited clips), project files and recordings not selected are not part of the delivery. They can be handed over only against separate remuneration.
11.4 The Contractor archives the delivered results for 12 months after delivery. After that there is no claim to renewed delivery. The client backs up the delivered files itself.
11.5 Drone flights take place only if airspace, weather, permit situation and safety allow. The Contractor decides this at its reasonable discretion. The client bears the cost and procurement of flight permits that the client wants.
11.6 The client obtains filming permits, consents from the holder of domestic authority over the premises and the consent of people shown (for example employees, customers, actors), unless it has been agreed that the Contractor will do this. Section 2.8 applies to actors, props and daily technical flat rates.
11.7 If the client wants particular music, the client clears the rights (for example GEMA, label, publisher) for the intended use, unless the Contractor expressly obtains the licence. The licence terms of the rights holders apply to third-party material (music, fonts, stock photos, templates). The client bears additional licence costs unless they are included in the quotation.
11.8 For social media content, formats and length follow the platform requirements at the time of production. Reach, engagement and platform decisions (for example suspensions) are not owed.
11.9 Travel, accommodation and transport costs for equipment, including for international assignments, trade fairs and events, are charged separately under section 3.
11.10 Graphic design, scope of services: The number of drafts or concepts, the formats and the correction rounds follow from the quotation; section 6.3 applies in addition. The draft is based on the client's briefing. If the briefing is changed after work has started, this is an additional service.
11.11 Drafts and concepts: Drafts, sketches and concepts that were not selected remain with the Contractor and may not be used by the client. The rights of use under section 8 relate only to the accepted result.
11.12 Logos and corporate design: Notwithstanding section 8.2, for logos and business stationery the client receives, after full payment, an exclusive right of use, unlimited in time, for the client's business operations. The Contractor may continue to show the result as a reference (section 8.5).
11.13 Trademark and name law: The Contractor does not carry out any trademark, name or design search. The client checks at its own cost whether names, logos or claims are free to use and capable of registration. The Contractor does not owe protectability or registrability.
11.14 Fonts, stock images and templates: Section 11.7 applies. The client bears licence costs for fonts, stock images or mockups unless they are included in the quotation.
11.15 Files: The agreed formats are delivered (for example PDF, PNG, SVG). Open source and working files (for example Illustrator, InDesign, Figma, Canva) are not part of the delivery. They can be handed over only against separate remuneration.
11.16 Print: Deviations in colour, paper and process between screen and print are not a defect (section 6.5). Before approving for print, the client checks texts, names, numbers, images and spelling. With approval, responsibility for errors contained in them passes to the client; section 7 remains unaffected. The client bears printing costs. If the Contractor coordinates printing, third-party costs and effort are charged separately.
§ 12 HERZKOLLEKTIV (wedding and family)
12.1 An appointment is reserved binding only once the client has confirmed the contract in text form and has paid the agreed down payment.
12.2 The client provides a schedule, locations, contact persons and special wishes (for example must-have shots, people who are not to be shown) in good time. If the day runs beyond the booked time, the additional time is charged by effort, provided the Contractor is available.
12.3 The Contractor cannot guarantee that every guest or every scene will be recorded. The couple or the client informs the guests about photo and film recordings and ensures that the Contractor can work without hindrance (for example view, positions, a note to guests about phones and other photographers).
12.4 The Contractor is not liable for obstacles caused by third parties (for example guests in the frame, interference by other photographers, instructions from the venue or church) to the extent the Contractor is not responsible for them.
12.5 Expected delivery time: photos 6 to 8 weeks, film 10 to 12 weeks after the date. In peak season the delivery time may be longer. These are guide values under section 5.1.
12.6 If the Contractor is unable to attend because of illness, accident or force majeure, it will endeavour to find an equivalent replacement from its network. If that is not possible, it refunds payments made for the service not performed. Further claims are governed by section 7.
12.7 If the wedding has to be postponed for reasons on the client's side, section 5.5 applies. For family shoots, a replacement date can be agreed once free of charge in case of bad weather.
12.8 The Contractor publishes wedding and family recordings only with the client's express consent (section 8.5).
§ 13 Services of third parties
13.1 Freelancers, employees, subcontractors, cooperation partners or other third parties engaged by the Contractor are vicarious agents of the Contractor. Their use is permitted. The Contractor remains responsible to the client.
13.2 Towards business clients, the client undertakes not to commission the people used in carrying out the order with projects, either directly or indirectly, for 12 months after the end of the order.
13.3 The people engaged may not use the client's name or the work created from it for their own promotion unless something different is agreed in text form in an individual case.
§ 14 Data protection and confidentiality
14.1 The Contractor processes personal data in accordance with the GDPR and the BDSG (German Federal Data Protection Act). Details can be found in the privacy policy on namuba.de.
14.2 If the Contractor processes personal data on behalf of the client (for example during website maintenance, access to hosting, newsletter or form integration), the parties conclude a data processing agreement under Art. 28 GDPR beforehand.
14.3 The client is responsible for consents, information obligations and legal bases for the data processing it initiates and towards the people shown (for example cookie consent, tracking, consent of employees to image and video recordings).
14.4 Both sides treat the other side's confidential information and trade secrets as confidential. This obligation continues for two years after the end of the contract. Excluded is information that is publicly known or that must be disclosed because of a statutory obligation.
14.5 The client's access credentials are treated as confidential and are deleted or returned after the project ends.
14.6 Cloud services and third-party software: To edit and store image, video and project data, the Contractor uses software and cloud services from third-party providers, in particular Adobe (for example Photoshop) and Google. AI-based features of these services may be used, and personal data (for example of people shown) may be processed on these providers' servers, including outside the EU. Where necessary, the Contractor ensures an adequate level of data protection through data processing agreements and standard contractual clauses. If the client does not want its material to be processed with cloud services, the client tells the Contractor in text form before work begins; this may affect price and delivery time.
§ 15 Right of withdrawal for consumers
This section applies only to consumers who conclude the contract at a distance or away from business premises.
Withdrawal information
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 is concluded.
To exercise your right of withdrawal, you must inform us (NAMUBA, Christian Janzen, Büscherweg 21, 33609 Bielefeld, Deutschland, hallo@namuba.de, Tel. +49 157 570 34 754) of your decision to withdraw from this contract by means of a clear statement (for example a letter or email). You may use the attached model withdrawal form for this, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal. For this reimbursement we use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees because of this reimbursement.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal from this contract, compared with the total scope of the services provided for in the contract.
Early expiry of the right of withdrawal
Your right of withdrawal expires early if we have performed the service in full and only began performance after you gave your express consent and at the same time confirmed your awareness that you lose your right of withdrawal once we have fully performed the contract.
Model withdrawal form
If you want to withdraw from the contract, please complete this form and send it back:
To NAMUBA, Christian Janzen, Büscherweg 21, 33609 Bielefeld, Deutschland, hallo@namuba.de: I/We hereby withdraw from the contract concluded by me/us for the provision of the following service: [Leistung]. Ordered on: [Datum]. Name of consumer(s): [Name]. Address of consumer(s): [Anschrift]. Date and signature (only for notification on paper). Please delete as appropriate.
§ 16 Outstanding payments and assignment of claims
16.1 If an invoice amount is not paid in full, the Contractor may, after the payment period set has expired, assign the outstanding claims to a factoring or debt collection company or instruct it to collect them. Personal data is passed on for this purpose only to the extent necessary.
16.2 The client's objections to the claim remain unaffected.
§ 17 Final provisions
17.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that mandatory consumer protection provisions of the state in which the consumer has their habitual residence do not conflict with it.
17.2 Place of performance and place of jurisdiction is, as far as legally permissible, Bielefeld, Germany. This applies against businesses, legal entities under public law and special funds under public law. The Contractor may also sue at the client's general place of jurisdiction.
17.3 If one or more clauses of these T&Cs are partly or wholly invalid or void, the validity of the remaining clauses remains unaffected. The invalid parts are replaced by the valid agreements that come economically closest, where this is possible; otherwise the statutory provision applies. Such changes require text form.
17.4 The Contractor may change these T&Cs for future contracts. For existing contracts, the version agreed when the contract was concluded applies.
17.5 The German version prevails. Translations (English, Chinese) are for information only.
17.6 Consumer dispute resolution: The Contractor is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Last updated: October 2026