Congratulations🎉 Your
application has reached us!
General Terms and Conditions (GTC)
1. Scope
1.1 The following General Terms and Conditions shall apply to the entire business of Millenia Marketing GmbH (incl. the "confidently women" brand; "confidently women brands") with its contracting party, hereinafter referred to as the "Customer", unless expressly agreed otherwise in writing between the parties.
1.2 An agreement between the parties shall be concluded when the customer has countersigned the offer and returned it to Millenia Marketing GmbH or accepted it via electronic means, or has made unconditional payment according to the payment terms agreed in the offer/Sales Agreement.
2. General subject of the agreement
2.1 The subject matter of the agreement shall be the services agreed in the offer and to be provided by Millenia Marketing GmbH or third parties. Millenia Marketing GmbH shall not owe specific successes. In particular, Millenia Marketing GmbH shall not give any assurances as to the occurrence of specific economic or other consequences. The customer bears full responsibility for the selection and implementation of the actions provided and recommended by Millenia Marketing GmbH within the framework of this agreement.
2.2 Millenia Marketing GmbH only offers its services to commercial or prospective commercial customers or entrepreneurs in the B2B sector. Consumers are expressly excluded. If the customer deceives about his entrepreneurial status, he can no longer invoke consumer protection rights.
2.3 Deadlines specified in the offer shall be deemed to be mere targets and shall not be binding.
2.4 Millenia Marketing GmbH shall be authorized at any time to make use of suitable third parties for the provision of its services and/or to transfer the provision of the order entirely to third parties.
3. Cooperation and the customer's duty to cooperate
3.1 The services of Millenia Marketing GmbH significantly depend on the cooperation of the customer with Millenia Marketing GmbH. The customer is required to provide, without special request and in a timely manner, all information and documents necessary for the proper provision of services according to the service agreement. Millenia Marketing GmbH may assume that the documents provided and information given by the customer, as well as the instructions, are correct and complete. Millenia Marketing GmbH assumes no liability for losses, damages, or defects related to the services that arise from inaccurate, incomplete, or otherwise erroneous information and documents or incorrect instructions.
3.2 Millenia Marketing GmbH strives to deliver high-quality services and supports customers with care and professionalism. Advice, goals, and coaching are provided to the best of our knowledge and conscience. Nevertheless, the customer bears full responsibility for selecting and implementing the services provided by Millenia Marketing GmbH
3.3 Coaching sessions and live calls, as well as Q&A sessions or similar are not intended to monitor any individual learning success. Such success is neither agreed nor owed.
3.4 The Customer is encouraged to submit feedback, suggestions and ideas (all hereinafter defined as "Feedback") regarding the services provided by Millenia Marketing GmbH. By submitting Feedback, the Customer consents to the use of such Feedback by Millenia Marketing GmbH for advertising and marketing purposes. The customer guarantees that the submitted feedback does not infringe any rights of third parties (in particular copyrights) and that it has all necessary rights to submit such feedback.
3.5 The customer undertakes to refrain in good faith from making any statements that are detrimental to the business relationship with future, existing and past business relationships, in particular with other customers of Millenia Marketing GmbH. The customer must refrain from all actions that make it difficult or impossible for Millenia Marketing GmbH to enter into business relationships with other customers.
4. Confidentiality
4.1 The parties undertake to maintain secrecy about all confidential information of which they become aware on the occasion of or in connection with the provision of services within the scope of the execution of the agreement. Confidential shall mean all data concerning facts, methods and knowledge which, at least in their concrete application in the course of the performance of the Agreement, are not
a. is or becomes generally available to the public, whereby this is not due to a breach of an obligation under this Clause 4;
b. acquired by a third party without an obligation of confidentiality;
c. are or were independently created by or known to the recipient of the Confidential Information prior to receipt; or
d. is generally known or can be easily determined by third parties with general knowledge.
4.2 Excluded from the foregoing is the disclosure and transfer of Confidential Information by Millenia Marketing GmbH to third parties in the course of providing the Services pursuant to the Agreement or for data processing and storage, provided that the respective third parties are subject to an equivalent obligation or statutory provision to maintain confidentiality.
4.3 The confidentiality obligation shall continue to exist beyond the termination of the contractual relationship
4.4 The above obligations shall not prevent Millenia Marketing GmbH from executing the same or similar orders for other customers.
4.5 The Customer acknowledges that Millenia Marketing GmbH also uses electronic media such as telephone, e-mail and websites for its communication with the customer and with third parties in connection with the agreed services. During electronic transmission, data may be intercepted, destroyed, manipulated or otherwise adversely affected, as well as lost for other reasons and arrive late or incomplete. Each party shall, on its own responsibility, take reasonable precautions to ensure error-free transmission and receipt of electronic data. The customer acknowledges that absolute protection is not possible. Millenia Marketing GmbH therefore disclaims any liability for unauthorized access and manipulation of electronically transmitted data.
5. Storage
Millenia Marketing GmbH shall have the right to destroy customer data and files after ten years from the completion of the respective activity without prior request.
6. Property rights and rights of use
6.1 Millenia Marketing GmbH shall be exclusively entitled to all property rights, such as intellectual property rights and licensing rights, to the documents, products or other work results produced by Millenia Marketing GmbH in connection with the services rendered, as well as to the know-how developed and used in this connection.
6.2 The customer grants Millenia Marketing GmbH a comprehensive and unlimited right of use to any image material that the customer provides during the use of the purchased service or that is created in the course of the provision of the service (including photos, videos and other visual representations). This use includes advertising and marketing purposes as well as the presentation in social media, on the website of Millenia Marketing GmbH or in other communication materials.
6.3 The customer grants Millenia Marketing GmbH a comprehensive and unlimited right of use for marketing purposes to any feedback provided to Millenia Marketing GmbH or third parties. The parties understand feedback to mean all statements or communications (whether electronic or verbal) about the services offered by Millenia Marketing GmbH. The confidentiality interests (see section 4) of the customer shall be protected.
6.4 Millenia Marketing GmbH shall grant the customer, after full payment of the agreed remuneration, a non-exclusive and non-transferable right of use for the customer's own exclusive use of the documents, products and other work results provided to the customer, including the associated know-how.
7. Remuneration
7.1 Unless otherwise agreed, the remuneration due for the services to be performed by Millenia Marketing GmbH in accordance with the agreement and included therein shall be paid by the customer in advance without deduction to the account specified by Millenia Marketing GmbH.
7.2 If payment is not received on time, Millenia Marketing GmbH shall have the right, provided the
agreement has been validly concluded (cf. Section 1.3), to immediately discontinue contractually guaranteed services, to block any online access, to shut down websites or to terminate the agreement without notice. In the event of late payment, the customer may be charged reminder fees in the amount of CHF 20 per reminder. In addition, in the event of default from the due date, interest on arrears of 5% p.a. shall be owed. If payment by installments has been agreed, the total amount shall become due as soon as the client defaults on an installment payment.
7.3 The customer is not entitled to a refund if he does not use the services of the agreement or terminates the agreement.
7.4 In the event of termination of the agreement, the customer shall pay Millenia Marketing GmbH for all services and expenses already rendered, unless these costs are already covered by the prepaid remuneration.
7.5 Unless expressly agreed otherwise in the offer between the customer and Millenia Marketing GmbH,
a.remuneration shall be charged on a time basis at an hourly rate customary for the provision
of the service. This shall amount to at least CHF 180.– per hour;
b. Millenia Marketing GmbH shall be entitled to reimbursement of expenses and third-party fees incurred;;
c. remuneration and expenses are exclusive of taxes.
8. Non-competition clause
8.1 During the term of this agreement and for a period of twelve (12) months after its termination, the customer undertakes not to directly or indirectly disrupt or impair any business relationships with employees, contractors or customers of the Seller or to poach such employees, contractors or customers. This includes, in particular, offering employment, placing orders or inviting participation in activities that could negatively affect the Sellers existing business relationships.
8.2 In the event of a breach of this non-competition clause, the customer undertakes to pay Millenia Marketing GmbH a contractual penalty of CHF 10,000.00. The right to claim further damages, losses or expenses resulting therefrom remains reserved. Payment of the contractual penalty shall not release the customer from compliance with the obligations set out in section 8.1 above.
9. Liability and warranty
9.1 Millenia Marketing GmbH shall be liable for intentional or grossly negligent breach of its contractual obligations. For negligent breach of its obligations, liability shall be limited to a maximum of the amount of remuneration paid by the Customer pursuant to the service agreement in the year of the damaging event.
9.2 Liability for persons to whom Millenia Marketing GmbH has entrusted the provision of services on an authorized basis or whom Millenia Marketing GmbH has engaged for this purpose is hereby excluded altogether. Such third parties shall be exclusively liable themselves.
9.3 Under no circumstances shall Millenia Marketing GmbH be liable for damages for which it is not responsible. It shall also not be liable for lost profits and sales and for unrealized savings (even if these are the direct cause of the damaging event); indirect or consequential damages (even if these damages or losses were foreseeable or Millenia Marketing GmbH was advised of the possible occurrence).
9.4 There is no warranty of any kind.
10. Web design and hosting in particular
10.1 The services provided by Millenia Marketing GmbH shall include the creation and testing of the Customer's web pages with all activities necessary for this purpose, the provision of storage space, the registration with search engines, if necessary, the transfer of the web pages to the appropriate server on which the Customer has storage space, as well as other services specifically agreed upon with the Customer, in particular service packages which correspond to the purpose of the company.
10.2 Millenia Marketing GmbH shall create the websites according to the customer's wishes, which may be changed in writing at any time during the contractual relationship with the corresponding surcharges. As a rule, a lump sum shall be charged which takes into account all services agreed upon at the time the order is placed. In the event of deviations from the services listed in the offer, surcharges may be applied, which shall be based on the time and effort involved and the approach set out in Section 7.5.
10.3 After termination of the contractual relationship by receipt of payment and delivery of the websites to the customer, Millenia Marketing GmbH shall not assume any warranty or guarantee for errors caused by the customer's intervention or the intervention of third parties. Upon receipt of the web pages, the customer shall satisfy itself that the web pages produced by Millenia Marketing GmbH function under the previously specified test conditions. The customer can only extend Millenia Marketing GmbH's liability by concluding a corresponding maintenance contract. However, Millenia Marketing GmbH shall not guarantee the completeness of the data and that the service will satisfy a specific purpose pursued by the Customer..
10.4 Millenia Marketing GmbH does not guarantee the availability of specific domain names and excludes liability for the temporary inaccessibility of the hosted domain.
10.5 The costs of website hosting shall be invoiced annually. In all other respects, the conditions in Clause 7 concerning remuneration shall apply. Cancellation may be effected at any time by giving one month's notice as of the end of any month. A refund of hosting costs for the current period shall not be granted.
10.6 Registration with search engines shall be carried out by Millenia Marketing GmbH to the best of its ability. However, Millenia Marketing GmbH shall not guarantee the success and usefulness of the registration.
10.7 Millenia Marketing GmbH shall be liable, if instructed to do so, for ensuring that the customer's data is properly transferred to the server of its choice. The Customer must satisfy itself of this after completion of the order. Millenia Marketing GmbH shall not be liable for any changes subsequently made by the customer himself or by third parties.
11. Products via "confidentlywomen.com" in particular
11.1. We do not offer products for purchase by minors. Our products for children and teenagers can only be purchased by adults. If you are under 18, you may use confidentlywomen.com only with the involvement of a parent or guardian.
11.2. Your order on confidentlywomen.com constitutes an offer to Millenia Marketing GmbH to conclude a purchase contract. When you place an order with Millenia Marketing GmbH, we will send you a message confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second e-mail (shipment confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us with respect to each shipping confirmation for the products listed in the respective shipping confirmation.
10.3. You agree that you will receive invoices electronically.
11.4. In all other respects, the other provisions of these GTCs shall apply unless they conflict with Section 11. In particular, there is no right of withdrawal in the sense of the distance selling legislation of the EU.
12. Duration of the agreement and termination
12.1. The term of the agreement shall apply from the conclusion of the agreement pursuant to Section 1.3 and shall last until the service has been provided, unless otherwise agreed. The provisions regarding the hosting of websites as well as the provisions in Section 11 shall remain reserved.
12.2. The right to extraordinary termination in the event of the customer's default in payment (cf. Section 7.2) or for other important reasons remains reserved. An important reason particularly includes a violation of Sections 3.5 and 8.1 of these General Terms and Conditions.
12.3. There is no other right of cancellation or withdrawal. All payments to Millenia Marketing GmbH are final and non-refundable, regardless of the use or consumption of the services offered.
13. Modification of these GTC
In justified cases, Millenia Marketing GmbH has the right to amend these GTC at any time. It is the responsibility of Millenia Marketing GmbH to announce the changes in advance and in an appropriate manner. Without written (e.g. E-Mail) objection within one month of notification, the changes are deemed to have been approved. In the event of an objection, the previously valid version of the GTC shall continue to apply until the termination of the agreement.
14. Miscellaneous provisions
14.1. With the exception of the Customer's obligation to pay for the services rendered or the products delivered, neither party shall be liable for any failure to perform any obligation under this Agreement for reasons beyond its reasonable control.
14.2. If individual provisions of this Agreement are invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The relevant provision shall be replaced by a permissible provision which corresponds as closely as possible to the intended purpose.
14.3. Millenia Marketing GmbH shall be entitled to provide services for other customers.
14.4. Amendments to the agreement must be made in writing.
14.5. This Agreement shall be governed by Swiss substantive law to the exclusion of conflict of laws and international agreements, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
14.6. The place of performance for all obligations arising from this agreement is Basel.
14.7. The competent court for all disputes arising from this agreement shall be the competent court for Basel-Stadt. Millenia Marketing GmbH shall also be entitled to sue the customer at its place of business.
Status: April 2024
Copyright 2024 - Millenia Marketing GmbH
This site is not part of the Facebook or Instagram website or Facebook Inc. Additionally, this site is NOT endorsed by Facebook or Instagram in any way. Facebook is a trademark of FACEBOOK, Inc.
Copyright 2024 - Millenia Marketing GmbH
This site is not part of the Facebook or Instagram website or Facebook Inc. Additionally, this site is NOT endorsed by Facebook or Instagram in any way. Facebook is a trademark of FACEBOOK, Inc.