§ 1 Scope

(1) The icon usability test (distributed online under the URL www.Icon-Test.com) is a service offered by Apliki GmbH & Co. KG, which hereinafter is referred to as the Contractor

(2) The icon usability test service and these General Terms and Conditions apply exclusively to companies, legal entities under public law and special funds under public law in accordance with § 310 Paragraph 1 BGB (German Civil Code) for orders made within the framework of the Icon Test. 

(3) Terms and Conditions of the Customer that conflict with or differ from our Terms and Conditions shall not be recognized without express written agreement.

§ 2 Placement of orders

(1) Orders are placed by email. 

(2) The Customer sends an email with the icons and their respective functions to info@icon-test.com.

(3) The Customer is obliged to provide his or her full contact details with the order.

(4) The Contractor is entitled to reject orders without giving any reasons. If an order is rejected, the Contractor shall inform the Customer that the order has been rejected as soon as possible, at the latest however within two workdays.

(5) A simple email or telephone call is sufficient to cancel the order or reject it.

§ 3 Order processing

(1) The Contractor undertakes to process incoming orders as quickly as possible.

(2) Every order will be processed within two workdays.

(3) If the Contractor is unable to comply with the guaranteed deadline given in § 3.2, the Customer shall receive the test free of charge. Any further claims on the part of the Customer towards the Contractor are excluded.

(4) Liability claims are also excluded if the Contractor was unable to know about the order as a result of technical problems or force majeure when transferring the order. The Customer is obliged to ensure that the order has been successfully transferred by telephoning to receive confirmation.

§ 4 Prices and payment

(1) Unless otherwise agreed in writing, our prices apply subject to Value Added Tax to the respective applicable amount.

(2) Billing shall be exclusively conducted by email.

(3) The invoice amount shall be exclusively paid to the account stated in the invoice without deductions.

(4) Unless otherwise agreed, the invoice amount shall be paid within 10 days after delivery. Interest on default is charged at 8% p.a. above the current base rate. We reserve the right to assert a higher claim for compensation due to delay.

§ 5 Miscellaneous

(1) This Agreement and the entire legal relationships of the Parties are subject to the legislation of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and exclusive place of jurisdiction, including for all disputes arising from this Agreement, is the legal domicile of our company insofar as this is not otherwise specified in the order confirmation.

(3) All agreements made between the Parties relating to the execution of this Agreement are stipulated in this Agreement in writing.

(4) Should individual provisions of this Agreement be or become invalid, or contain a loophole, the validity of the other provisions shall remain unaffected thereof. The Parties undertake to replace the invalid provision with a legally permissible provision that best satisfies the commercial intention of the invalid provision or fills this loophole.