GENERAL TERMS AND CONDITIONS OF BUSINESS

§ 1 Scope

All contracts, offers, deliveries and services from hempfprigge GmbH (hereinafter referred to as "hp") are based on these general terms and conditions. HP's general terms and conditions also apply if hp carries out the order without reservation despite being aware of conflicting or deviating terms and conditions of the client.

§ 2 Conclusion of contract

hp offers are subject to change. A contract is concluded when both parties sign the order or contract. In the case of full-time merchants, this can also be done by the contractor confirming the cost estimate. Cost estimates and other attachments to offers or order confirmations from hp are essential parts of the respective contract.

§ 3 Scope of services

The subject of each order is the agreed conception, promotion, event and/or consulting activity by hp, but not the achievement of a specific economic success. hp is entitled to commission third parties to provide the agreed services. Changes and additions to the orders require their effectiveness of the written form. For all additional services ordered by the customer, hp calculates the time spent on the activity (time fee) and expenses in accordance with hp's current fee and expense rates, which are made available at the client's request. In the event of changes and additions to the orders, hp is responsible not responsible for reasonable rescheduling.

§ 4 Obligations of the client to cooperate

The client is obliged to support hp to the best of his ability and to create all possible conditions necessary for the proper execution of the order. If the client does not comply with obligations under paragraph 1, he is liable to HP for the resulting damage.

§ 5 Remuneration and payment conditions

The fee for hp's services is either calculated based on the time spent on the activity (time fee) or agreed as a fixed price. Unless otherwise agreed, hp is entitled to reimbursement of expenses in addition to the fee claim. Details of the method of payment are regulated contractually. All claims are due upon invoicing and are payable immediately without deductions. All prices are net, i.e. plus the applicable statutory VAT. Price increases of up to 5% are permitted and must be borne by the client. For price increases of more than 5%, hp must provide the client with a cost estimate within 3 weeks of becoming aware of the price-increasing circumstances. If the client does not object to the cost estimate within 1 week, the price increases are deemed to have been approved. If the client is in default of payment, hp is entitled to charge default interest of 3% (in words: three out of a hundred) above the amount from the time the default occurs to calculate the respective discount rate of the Deutsche Bundesbank. hp reserves the right to assert further damages. If the client is in default of payment, hp has the right to withdraw from the contract and immediately discontinue its services without giving reasons and, if necessary, to stop ongoing promotions, events, etc. Any claims that may arise from this circumstance cannot be asserted against HP. If the promotion is not carried out through no fault of hp, the advance work already performed must be remunerated according to expenditure. The client is only entitled to a right of retention for claims that have been legally established or recognized by hp. Several clients are jointly and severally liable.

§ 6 Liability

Due to breach of contractual or non-contractual obligations, in particular due to impossibility, delay, negligence in concluding the contract and unlawful acts, hp is only liable for itself and its vicarious agents in cases of intent and gross negligence. The liability according to paragraph 1 is limited to the amount of the agreed fee , i.e. clients are only allowed to reduce fees. To the extent that hp obtains services from third parties, hp is not liable for their fault. This applies in particular in the case of commissioning promoters who are generally neither vicarious agents nor vicarious agents of hp. hp is also not liable for contracts that go beyond the power of representation of the promoters or for unlawful acts committed by the promoters. Liability for loss of or damage to items taken into care is only assumed in the case of gross negligence on the basis of insurance taken out by hp. The client bears the risk of the legal admissibility of the advertising measures, particularly in the event of violations of the provisions of competition law, copyright and advertising law. The client releases hp from all third-party claims due to actual or alleged inadmissibility of the advertising measures and because of factual statements about the client's products and services contained in the advertising.

§ 7 Warranty for Defects

Liability for damages and consequential damage caused by services provided by hp only exists in accordance with Section 6 (Liability). If complaints about defects are justified, hp is entitled to first improve its services. The client must immediately name any defects in writing, at the latest However, within three weeks after the service has been provided. If the repair fails, the client can demand a reduction in the remuneration or the cancellation of the contract. Any further claims for damages are based exclusively on the provisions of Section 6 (Liability).

§ 8 Protection of intellectual property

The client guarantees that the ideas, concepts, photographs, graphics, layouts, reports, organizational plans, drafts and drawings produced by hp as part of the order will only be used for the contractually agreed, time and place-limited purposes. Further use, passing on to third parties and partial or complete implementation require the written consent of HP and the payment of a fee to be agreed upon.

In the event of violations, hp is entitled to demand a penalty of 100,000 euros in each individual case.

§ 9 Data protection

The data provided by the client to carry out the order or to be collected by hp will be collected and processed exclusively in accordance with the client's instructions. The responsibility for protecting the rights of those affected i. S.d. BDSG remains exclusively with the client.

§ 10 Abwerbeverbot

The client undertakes not to employ any employees, self-employed employees or vicarious agents employed by hp to fulfill the contract without the consent of hp within a period of 12 months after termination of the contractual relationship with hp. In the event of violations, hp is entitled to demand a penalty of 2,000 euros in each individual case.

§ 11 Termination

Any termination must be in writing to be effective.

§ 12 Right of retention

hp has a right of retention on the documents and materials provided to it until its claims have been paid in full. After completion of its work and after settlement of its claims under the contract, hp will release all documents that the client or third parties have handed over to it for the purpose of executing the order. This does not apply to correspondence between the parties and to simple copies or backup copies of photographs, graphics, layouts, reports, organizational plans, drafts and drawings, etc.

§ 13 Confidentiality

Both contractual partners undertake to maintain secrecy about all business and trade secrets that become known during the collaboration, as well as other economically valuable knowledge and all other business or operational facts, including those of other companies involved, even after the contractual relationship has ended.

§ 14 Miscellaneous



The parties commit themselves to mutual loyalty. They will immediately inform each other about all circumstances that arise in the course of executing the order and that may influence the processing. Both contracting parties undertake not to provide any third parties with information about the agreed fee. The contracting parties allow each other to issue press releases. hp is to be named in publications upon request as the author and executing agency.hp is entitled to document the production on image and sound recordings for self-promotion and editorial purposes.hp reserves the right to reject advertising orders due to the content, the origin or the technical form does not correspond to the official or legal regulations or the publication of which is unreasonable for hp according to objectively justified principles. The contractor will be informed immediately if an order is rejected. In any case, it is the client's responsibility to ensure the content and legal admissibility of the advertising. hp must be indemnified from third-party claims. Rights arising from this contractual relationship may only be assigned by the client with the prior written consent of hp. Should an individual provision of the contract be or become invalid, this will not affect the validity of the rest of the contract. The invalid provision must be replaced by the contracting parties with an effective provision that corresponds to the economic meaning and purpose of the contract. Agreements that deviate from these general terms and conditions must be in writing to be valid. Documentary fax letters are recognized by hp. German law applies exclusively to the legal relationship between the contracting parties. The agreed place of jurisdiction is Hamburg.