General Terms and Conditions (GTC) – Blush & Oak

Scope of Application
These General Terms and Conditions (GTC) apply to all contracts between Anne Odendahl, operating under the name “Blush & Oak” (hereinafter referred to as the “Contractor”), and her clients (hereinafter referred to as the “Client”) concerning the provision of services.
These provisions apply regardless of whether the Client is a consumer or a business. A consumer is any Client who enters into a contract primarily for purposes that cannot be attributed to their commercial or self-employed professional activities (§ 13 German Civil Code – BGB). A business is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activities (§ 14 BGB).
Any terms and conditions of the Client that differ from these GTC shall only apply if expressly agreed in writing.

Conclusion of Contract
The presentation of services on the website or in other media does not constitute a legally binding offer, but merely an invitation to submit an inquiry.
A contract is concluded when the Client accepts an offer from the Contractor in writing or in text form (e.g. by email), or when the Contractor confirms an individually agreed order in writing.
Any changes or additions to the agreed scope of services require the consent of both parties and may result in an adjustment of the fees and agreed delivery deadlines.

Services
The specific scope of services is determined by the respective offer, order confirmation, or individual agreement.
The services may include, in particular:
development of designs and creative concepts,
creation of graphics, illustrations, and layouts,
creation of digital files,
revision and adaptation of existing designs,
other creative services as agreed.

The Contractor is entitled to use suitable technical tools and software solutions to provide the services.

Delivery Times
Agreed delivery periods shall only commence once all information, files, and any agreed advance payments required to carry out the project have been provided in full.
Delivery dates are only binding if they have been expressly agreed in writing as binding.

Client’s Obligation to Cooperate
The Client agrees to provide the Contractor with all information, content, texts, images, logos, and other materials required to carry out the project in full and on time.
Delays resulting from late or incomplete cooperation by the Client shall extend the agreed delivery periods accordingly.
The Client warrants that they hold all necessary rights of use in the materials provided and that no third-party rights are infringed.

Revisions and Change Requests
The scope of included revision rounds is set out in the respective offer.
Additional revisions or services shall be charged based on the time and effort involved, unless otherwise agreed.
Change requests made after a design has been approved may result in additional costs.

Approval of Designs
By providing written or electronic approval of a design, the Client confirms that the content and design are correct.
Once a design has been approved, any subsequent changes shall be subject to additional charges unless they are due to an error for which the Contractor is responsible.

Use of Third-Party Programs and Software
Professional third-party programs and digital tools may be used to create and edit design services, including, for example, Canva, Kittl, Procreate, Affinity by Canva, and other suitable design and editing software.
The selection of the tools used is at the Contractor’s discretion and does not form part of the contractual obligation to provide the services.
The Client receives the agreed final deliverables and usage rights, but does not automatically acquire any rights to specific production processes, software access, or editable source files.

Delivery of Files
Files shall be delivered in the agreed file formats. Open or editable files (e.g. Canva files, editable project files, or source files) are only included in the scope of services if expressly agreed.

 Usage Rights and Copyright
All services created, including designs, drafts, graphics, and other creative works, are subject to copyright protection.
Upon full payment of the agreed fees, the Client shall receive the usage rights specified in the respective offer. Unless otherwise agreed, only a non-exclusive right of use is granted. Any transfer, modification, reproduction, or commercial use beyond the agreed purpose is only permitted with the Contractor’s prior consent. The right to modify, transfer, or resell the delivered designs shall only exist if expressly agreed in writing.
Copyright remains with the Contractor.

Third-Party Licenses and Elements Used
Licensed third-party elements may be used in the creation of designs, including, for example, fonts, graphics, illustrations, templates, or other design elements.
Such elements may only be used in accordance with the applicable license terms of the respective providers.
The Client does not acquire any rights beyond those granted in relation to individual third-party elements, insofar as such rights cannot be transferred. The Client is responsible for any independent use of individual components outside the delivered end product and shall indemnify the Contractor against any third-party claims arising from unauthorized use of the provided content.

 Use as Reference
The Contractor is entitled to use the work created as part of the project as a reference for self-promotion (e.g. on the website, in a portfolio, or on social media) after its publication, unless the Client expressly objects to such use before or at the time the contract is concluded and provided that no legitimate interests oppose such use.

Prices and Payment Terms
Prices are based on the individual offer. All prices are binding on the basis of the scope of services described therein and include statutory VAT.
Invoices are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed in writing.The Contractor is entitled to request a reasonable advance payment of up to 50% of the total order value. Work on the project shall begin once the advance payment has been received. If the Client is in default of payment, the Contractor is entitled to suspend further work on the project until full payment has been received. The statutory provisions governing late payment shall also apply.
The delivered work shall remain the property of the Contractor until all claims arising from the respective contract have been paid in full (§ 449 BGB).

Right of Withdrawal
A statutory right of withdrawal only applies to consumers within the meaning of § 13 BGB. Businesses within the meaning of § 14 BGB are not granted a right of withdrawal. For contracts concerning digital content or individually created design services, the consumer’s right of withdrawal shall expire prematurely if the Client has expressly consented to the Contractor beginning performance of the contract before the expiry of the withdrawal period and has simultaneously confirmed that they are aware that they lose their right of withdrawal once performance begins (§ 356 para. 5 BGB). Detailed information on the right of withdrawal can be found in the Contractor’s separate withdrawal policy.

Liability
The Contractor shall only be liable in cases of intent or gross negligence. In cases of ordinary negligence, the Contractor’s liability shall be limited in amount to the respective order value. Any further liability, in particular for indirect damages, consequential damages, or loss of profit, is excluded.
The Contractor assumes no responsibility for content provided by the Client, including with regard to any existing third-party rights.
The Contractor shall not be liable for damage resulting from improper use, further processing, or modification of delivered designs, files, or templates by the Client.

Privacy Policy
Information on the processing of personal data can be found in the current Privacy Policy available on the website.

 Termination
Both parties may terminate the contract for good cause. Services already rendered shall be paid for.

Severability Clause
Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely correspond to the economic objective pursued by the parties with the invalid or unenforceable provision. The same shall apply if the contract contains any gaps.Juraforum, 2025. (§ 139 BGB)

Final Provisions
Communication may be carried out by email. The Client acknowledges that, despite customary security measures, complete data security cannot be guaranteed when communicating electronically.
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. 
The laws of the Federal Republic of Germany shall apply. The place of jurisdiction shall be the Contractor’s registered office.

Note on the Application of These GTC
These General Terms and Conditions form the basis for a transparent and legally compliant cooperation between the Contractor, Blush & Oak, and its clients. They apply to all services offered and form an integral part of every contract. Any individual deviations from or additions to these GTC require a written agreement between the parties. Any changes to these GTC shall be communicated to the Client in good time and shall be deemed accepted unless the Client objects within a reasonable period.

Stand: 20.07.2026