#GENERAL_TERMS_AND_CONDITIONS
GENERAL TERMS AND CONDITIONS
1. Definitions
1.1 In these conditions:
"The Network" means RadicalFuture Network, represented by the founder and brand owner Ilaria Forte.
"The Customer" means any person, firm, or company whose order or proposal has been accepted.
"The Products" means any and all products described in the order acknowledgment.
"The Contract" means the agreement between the Network and the Customer for the sale of products and services.
"The Order Acknowledgement" means the Network’s written acknowledgment of the Customer’s order for products.
"Delivery" means collection by the Customer from the Network or delivery by the Network to the Customer or a specified third-party address.
1.2 These conditions are part of every agreement between the Network and its Customers for all products and services ordered or commissioned through www.radicalfuturenetwork.com and affiliated websites (sinnaesthetik.com, www.coevolutionr.org, www.ilariaforte.org).
1.3 Any divergent conditions or alterations to the agreement must be expressly agreed upon in writing for each specific order.
1.4 If any provision of these conditions cannot be enforced due to being unreasonable or excessively onerous, it shall be interpreted in a way that aligns as closely as possible with the original intent.
1.5 The agreement supersedes and prevails over all previous correspondence and arrangements between the parties.
1.6 If any provision of these conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. Proposal
2.1 Offers shall be made in the form of a project offer or proposal, including a short description of the research project and the expected duration.
2.2 The price of the project will be determined by the Network based on data provided by the Customer, excluding German VAT and other governmental levies.
2.3 Unless specified otherwise, the quoted price does not include additional costs such as travel, accommodation, meetings, rental of location and equipment, presentation preparation, and unforeseen expenses.
2.4 Proposals are valid for one month from the date of issuance, provided the order can be executed within the specified period from the proposal’s starting date.
2.5 Quotations by the Network do not constitute offers. An order based on the Network’s quotation constitutes an offer, which must be accepted in writing by the Network via an order acknowledgment.
3. Conditions of Contract
3.1 These conditions are the only terms applicable to the contract. No other terms, warranties, undertakings, or representations, expressed or implied, shall apply unless agreed in writing.
3.2 Any terms or conditions from the Customer's documents are void unless explicitly accepted in writing by the Network. Delivery by the Network constitutes an offer to contract solely under these conditions, which the Customer accepts by taking delivery.
4. Product Improvement
The Network may modify the products as deemed appropriate, provided such modifications do not materially affect the products' functionality.
5. Delivery Dates
5.1 Delivery dates are estimates and not binding. The Network is not liable for any losses or damages resulting from failure to meet estimated delivery dates.
6. Cancellation and Variation of Orders
6.1 Orders cannot be canceled or delivery dates altered without the Network’s prior written consent. The Network may impose charges for cancellations or variations.
6.2 Unauthorized cancellations by the Customer make the Customer liable for the full price, and the Network may retain any received payments.
7. Prices
7.1 The Customer shall pay the price shown on the order acknowledgment.
7.2 Prices are exclusive of VAT and other taxes, applied according to government legislation on the invoice date.
7.3 The project scope includes only what is agreed in the proposal. The Network reserves the right to charge for additional work not initially envisaged.
7.4 Additional costs due to discrepancies in customer-provided data or unforeseen external circumstances will be charged to the Customer, who will be informed promptly.
8. Payment
8.1 Payments shall be made in Euros unless otherwise agreed in writing.
8.2 Payments are due within 14 days following receipt of invoice, or on or before delivery for those without a satisfactory credit arrangement.
8.3 The Network may defer delivery if any payment amounts remain outstanding.
8.4 Non-payment incurs interest at the statutory rate and the Customer bears all judicial and extrajudicial costs for collection, ranging from 3% to 9% of the outstanding amount, with a minimum of €250.
8.5 If any invoice is unpaid on time, the Customer is in default, making the total research amount immediately due and payable.
9. Intellectual Property
The Network retains all copyrights, design rights, and other intellectual property rights in the products and any supplied software, data, or information.
10. Force Majeure
The Network is not liable for failure to deliver due to causes beyond its control, including strikes, lockouts, fires, floods, supply delays, governmental actions, or other unforeseeable events.
11. Mutual Promotional Benefit
The Network may use the Customer’s name, logo, and approved images for promotional purposes. With prior written approval, the Network may also produce case studies and press releases for mutual benefit, ensuring no commercially sensitive information is disclosed.
12. Analysis & Interpretation
12.1 The Network will provide reports, advice, interpretation, and analytical outputs as guidance only and is not liable for any damages arising from their use.
12.2 Ownership of all data supplied by the Network remains with the Network, which may use such data as it sees fit, provided customer confidentiality is not infringed.
13. Liability
13.1 The Network ensures reasonable skill and care in its reports and analyses but does not guarantee specific results or accept liability for errors in provided data, customer interpretations, or resale of analyses.
13.2 The Customer acknowledges reliance only on the contract's representations and terms. The Network disclaims all other warranties, including fitness for purpose.
13.3 The Network excludes liability for loss of contract, profit, revenue, business, or any indirect or consequential damages.
13.4 Nothing in this contract limits liability for death or personal injury caused by negligence, fraud, data protection breaches, or any other legally unexcludable liability.
14. Governing Law
The contract is governed by German law. All disputes shall be settled by the competent court in Hamburg.
LAST UPDATE: 05/2023