Terms of service
<p>General Terms and Conditions for the provision of services by Ali Hashimzada "Hashimzada Handelsagentur", Bei der Ziegelei 24, 22339 Hamburg, Email: info@hashimzada.de (hereinafter "Contractor") towards its customers (hereinafter "Client")</p>
<h4>1. General</h4>
<p>1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.</p>
<p>1.2 The Contractor does not enter into contracts with consumers or private individuals.</p>
<p>1.3 The Contractor is entitled to assign the required services to subcontractors in its own name and for its own account, who may in turn also engage subcontractors. The Contractor remains the sole contractual partner of the Client in this respect. Subcontractors will not be engaged if it is apparent to the Contractor that their engagement would conflict with the Client's legitimate interests.</p>
<p>1.4 Insofar as, in addition to these GTC, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these GTC in the event of a conflict.</p>
<p>1.5 The Contractor does not recognize any terms and conditions used by the Client that deviate from these terms and conditions, unless expressly agreed.</p>
<h4>2. Subject matter of the contract and scope of services</h4>
<p>2.1 As an independent contractor, the Contractor provides the following services to the Client:</p>
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<p>The subject matter of the contract is the sale of goods, in particular medical work clothing and protective clothing, as well as related equipment.</p>
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<p>2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.</p>
<p>2.3 The Contractor provides the contractual services with the greatest possible care and diligence, in accordance with the latest state of the art, rules, and findings.</p>
<p>2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its activities, however, it is not subject to any instructions with regard to the manner in which its services are provided, the place of performance, or the time of performance. However, it will schedule its working days and the timing on those days in a manner that achieves optimal efficiency in its activities and in realizing the subject matter of the contract. The Contractor provides its services only in consultation and coordination with the Client.</p>
<h4>3. Client's duties to cooperate</h4>
<p>It is the Client's responsibility to provide complete and correct information, data, and other content that it is required to make available for the purpose of performing the services. The Contractor bears no responsibility whatsoever towards the Client for delays in the provision of services caused by delayed or necessary cooperation or input from the customer; the provisions under the heading "Liability/Indemnification" remain unaffected by this.</p>
<h4>4. Remuneration</h4>
<p>4.1 Remuneration is agreed individually by contract.</p>
<p>4.2 Remuneration is payable after the services have been rendered. If remuneration is calculated based on time periods, it is payable after the expiry of each individual time period (Section 614 of the German Civil Code (BGB)). In the case of expense-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.</p>
<p>4.3 After providing the services, the Contractor will issue an invoice to the Client by post or by email (e.g. as a PDF). Remuneration is due for payment within 14 days of receipt of the invoice.</p>
<h4>5. Liability / Indemnification</h4>
<p>5.1 The Contractor is liable without limitation on any legal grounds in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, on the basis of a guarantee promise, insofar as nothing to the contrary has been agreed in this respect, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited pursuant to the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract in the first place, and on the observance of which the customer may regularly rely. Otherwise, the Contractor's liability is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.</p>
<p>5.2 The Client shall indemnify the Contractor against any third-party claims asserted against the Contractor due to the customer's breaches of these contractual terms or of applicable law.</p>
<h4>6. Contract term and termination</h4>
<p>6.1 The parties shall individually agree on the contract term and the notice periods for ordinary termination.</p>
<p>6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.</p>
<p>6.3 After termination of the contract, the Contractor shall promptly return or destroy all documents and other content provided to it, at the customer's choice. The assertion of a right of retention in respect thereof is excluded. Electronic data must be completely deleted. Excluded from this are documents and data subject to a longer statutory retention obligation, but only until the end of the respective retention period. Upon the company's request, the Contractor shall confirm the deletion in writing.</p>
<h4>7. Confidentiality and data protection</h4>
<p>7.1 The Contractor will treat all matters that come to its knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the information relating to the subject matter of the contract. The confidentiality obligation applies for an unlimited period beyond the term of this contract.</p>
<p>7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the order.</p>
<h4>8. Final provisions</h4>
<p>8.1 The law of the Federal Republic of Germany applies, excluding the CISG.</p>
<p>8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall remain unaffected.</p>
<p>8.3 The Client shall support the Contractor in providing its contractual services through appropriate cooperative actions, to the extent necessary. In particular, the Client will provide the Contractor with the information and data required to fulfill the order.</p>
<p>8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor's place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.</p>
<p>8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions, or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the notice of amendment, their consent to the amendment is deemed to have been given. If they object, the amendments will not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily as of the date the amendment would have taken effect. The notice of the intended amendment to these GTC will indicate the deadline and the consequences of an objection or the failure to object.</p>
<h4>9. Information on consumer dispute resolution</h4>
<p>The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.</p>
<p>You can find our email address in the heading of these GTC.</p>