General Terms and Conditions
Please note: These General Terms and Conditions are an English translation of the original German version. The translation is provided to make the terms accessible to our international clients. In the event of any differences in interpretation, the German version shall apply, subject to mandatory statutory provisions.
1. Scope
(1) These General Terms and Conditions apply to all contracts between SATZGEWINN, hereinafter referred to as the “Service Provider”, and its clients concerning translations, certified translations, editing, proofreading and any other agreed language services.
(2) Any conflicting or differing terms and conditions of the Client shall apply only if the Service Provider has expressly agreed to their application in text form.
(3) Individual agreements contained in a quotation or order confirmation shall take precedence over these General Terms and Conditions.
2. Conclusion of the Contract
(1) Enquiries submitted by the Client are non-binding. After reviewing the documents provided, the Client will generally receive an individual quotation.
(2) A contract is concluded when the Client accepts the quotation in text form or the Service Provider expressly confirms the order.
(3) The quotation is prepared on the basis of the documents and information provided by the Client. If additional pages, texts or requirements are submitted subsequently, the fee and delivery date may be adjusted accordingly.
3. Scope of the Services
(1) The agreed services shall be performed carefully and in accordance with accepted professional standards. The relevant quotation and order confirmation shall determine the nature and scope of the services.
(2) The translation shall be prepared for the purpose communicated by the Client. If the Client has not specified a particular purpose, a translation suitable for general use shall be prepared.
(3) In the case of certified translations, the service comprises the translation and certification of its accuracy and completeness in accordance with the provisions applicable to the authorised translator commissioned for the assignment. Certification of the translation does not confirm the authenticity of the source document presented.
(4) Unless expressly agreed otherwise, a translation order does not include an additional independent review by a second person, editing, approval for printing or legal review.
(5) The Client shall receive the contractually agreed version of the completed service.
4. Editing and Proofreading
(1) Unless otherwise agreed, proofreading is limited to checking spelling, grammar, punctuation and typography.
(2) Editing may additionally include linguistic, stylistic and structural revisions. The precise scope of the service shall be specified in the quotation.
(3) Stylistic changes and editorial revisions shall be understood as professionally justified suggestions for improvement. Final responsibility for reviewing and approving the content rests with the Client.
(4) Complete freedom from errors cannot be guaranteed despite careful processing. This applies in particular if changes made by the Service Provider are subsequently implemented, modified or further processed by the Client or a third party.
5. Client’s Obligations to Cooperate
(1) The Client shall inform the Service Provider in good time about the intended purpose, required format, file formats, terminology, number of copies and any other specific requirements.
(2) All documents and information required to complete the assignment must be provided fully, accurately and on time. This includes, in particular, reference texts, terminology lists, illustrations, tables, abbreviations and internal terminology.
(3) The Client shall check names, figures, dates and addresses in the source text and in the completed service.
(4) If a translation is intended for publication or printing, the Client shall, where possible, provide the Service Provider with a proof for review before final publication.
(5) The Service Provider shall not be responsible for errors or delays caused by incomplete, incorrect, illegible or late documents or information.
(6) The Client confirms that they are entitled to use and submit the content provided and that performance of the assignment will not infringe any third-party rights.
6. Delivery Dates and Dispatch
(1) Delivery dates shall be binding only if they have been expressly confirmed as binding.
(2) A delivery period shall not begin until the assignment has been fully clarified, all required documents have been provided and any agreed advance payment has been received.
(3) Subsequent changes or additions to the assignment may result in an adjustment to the delivery date.
(4) If the completed service is sent by post, the stated processing time shall be extended by the delivery time. The Service Provider shall only be liable for delays or losses within the responsibility of the postal or delivery service to the extent that the Service Provider is responsible for them.
(5) Events beyond the Service Provider’s control, including technical faults, power or internet outages, illness, force majeure or the unavailability of commissioned specialists, shall extend the delivery period by a reasonable amount of time. The Client shall be informed as soon as reasonably possible.
7. Urgent Assignments
(1) An assignment shall be considered urgent if the usual processing time must be significantly reduced because of the particularly short deadline requested by the Client.
(2) Where possible, the Service Provider shall inform the Client before conclusion of the contract if the short processing time means that individual additional quality-assurance measures, particularly a separate final proofreading stage, cannot be performed or can be performed only to a limited extent.
(3) An independent review by a second person shall only be owed for an urgent assignment if it has been expressly agreed and listed in the quotation.
(4) To the extent permitted by law, the Service Provider shall not be liable for adverse effects arising solely because urgent processing was commenced at the Client’s express request despite the processing time being recognisably insufficient.
(5) Liability for intent and gross negligence, for injury to life, limb or health and for breaches of essential contractual obligations shall remain unaffected.
(6) An express surcharge shall be agreed for urgent assignments.
8. Defects and Subsequent Performance
(1) The Client is requested to examine the completed service upon receipt and to report any apparent defects within 14 days in text form, describing them as precisely as possible.
(2) This request shall not affect any statutory rights in respect of defects or statutory limitation periods.
(3) In the event of a justified defect, the Service Provider shall initially have the right to provide subsequent performance. The Client shall allow a reasonable period for this purpose.
(4) If subsequent performance fails, is refused or cannot reasonably be expected of the Client, the Client shall be entitled to exercise their statutory rights.
(5) A personal preference for different wording or stylistic choices shall not constitute a defect, provided that the translation is accurate in terms of content and suitable for the agreed purpose.
(6) A complaint shall not constitute a defect if it is based on errors, ambiguities or unclear passages in the source text, missing information or subsequent changes made by the Client or a third party.
9. Liability
(1) The Service Provider shall have unlimited liability for intent and gross negligence and for injury to life, limb or health.
(2) In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the loss typical of the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the Client may normally rely.
(3) In all other respects, liability for slight negligence shall be excluded to the extent permitted by law.
(4) The Service Provider shall not be liable for the legal admissibility or official acceptance of the service for a particular purpose unless such an assessment was expressly included in the assignment. The Client is responsible for establishing the requirements of the receiving authority or institution before placing the order.
(5) The Service Provider shall not be liable for changes to the delivered service subsequently made by the Client or a third party.
(6) Mandatory statutory liability provisions shall remain unaffected.
10. Confidentiality and Involvement of Third Parties
(1) The Service Provider shall treat all information and documents received in connection with the assignment as confidential.
(2) The Service Provider is entitled to engage suitable employees, specialist translators or other qualified third parties to complete the assignment.
(3) Any third parties engaged shall be required to maintain confidentiality and comply with the relevant data-protection requirements.
(4) Further information concerning the processing of personal data can be found in the Privacy Policy published on the website.
11. Fees and Payment
(1) The applicable fee shall be specified in the individual quotation or order confirmation.
(2) Invoices shall be due for payment in full within seven days of the invoice date unless otherwise agreed.
(3) The Service Provider may require an appropriate advance payment or payment in full before commencing work, particularly in the case of private clients, extensive assignments or urgent assignments.
(4) The Service Provider may make the handover or dispatch of the completed service conditional upon full payment of the agreed fee, provided that this was agreed before the order was placed.
(5) Subsequent changes, additional texts, further copies or services not included in the original quotation shall be charged separately.
12. Ownership and Rights of Use
(1) The delivered service shall remain the property of the Service Provider until payment has been received in full. Rights of use shall not be granted until full payment has been received unless otherwise agreed.
(2) Any copyright held by the Service Provider shall remain unaffected.
(3) In the case of certified translations, the certification statement, stamp and signature must not be altered, removed or used separately from the corresponding translation.
13. Consumer Right of Withdrawal
(1) Consumers generally have a statutory right of withdrawal in the case of contracts concluded away from business premises and distance contracts. Details are provided in the separate cancellation policy.
(2) If the consumer expressly requests that the Service Provider commence performance before the end of the withdrawal period, the Service Provider shall document the commencement of the service accordingly.
(3) The right of withdrawal from a service contract shall expire once the Service Provider has performed the service in full, provided that performance commenced only after the consumer had given their express consent and confirmed their understanding that they would lose their right of withdrawal upon complete performance of the contract.
(4) If the consumer withdraws from the contract after expressly requesting that performance begin before the end of the withdrawal period, the consumer may be required to pay for the services performed up to the time of withdrawal in accordance with the applicable statutory provisions.
14. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.
(3) The courts at the Service Provider’s registered place of business shall have exclusive jurisdiction only if the Client is a merchant, a legal entity under public law or a special fund under public law, or if the Client has no general place of jurisdiction in Germany and such an agreement is permitted by law.
(4) The contractual language is German. Where these General Terms and Conditions have been translated, the German version shall serve as the authoritative source version unless mandatory statutory provisions provide otherwise.
15. Final Provisions
(1) Amendments and additions to the contract should be made in text form for evidentiary purposes. Individual agreements shall remain unaffected.
(2) If any provision of these General Terms and Conditions is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.
(3) The Service Provider is neither obliged nor generally willing to participate in dispute-resolution proceedings before a consumer arbitration body unless required to do so by law.