General Terms and Conditions
of
KreativSchmëdd S.à r.l.
32, Rue de Beyren
6931 Mensdorf
Luxembourg
1. What these Terms and Conditions cover
These General Terms and Conditions apply to contracts between KreativSchmëdd S.à r.l., hereinafter referred to as “KreativSchmëdd”, and its customers. KreativSchmëdd operates in various fields. These include, in particular, publishing and book production, editing and proofreading, typesetting and layout, cover design and illustration, graphics and design, printed products, websites, software and databases, digital products as well as the sale of physical products through the web shop and other sales channels. These Terms and Conditions apply both to consumers and to businesses, unless individual provisions expressly distinguish between them. A consumer is a natural person who enters into a contract predominantly for private purposes. A business customer is a natural or legal person who enters into the contract in the course of their professional or commercial activity. If an individual quotation, author agreement, publishing agreement, development agreement or another specific agreement has been concluded for an order, that individual agreement takes precedence over these Terms and Conditions.
2. Quotations and conclusion of contracts
Our quotations describe what we will provide, what the service or product will cost and, where already possible, within what period it is expected to be provided. A contract is concluded when the customer accepts our quotation, expressly confirms an order, completes an order through our web shop or when, with the customer’s consent, we begin the agreed work. For larger or individually produced projects, we may require written confirmation of the order. Information on our website, in catalogues, social media or other publications does not constitute a binding offer unless it is expressly designated as such. For individually calculated projects, the scope of services stated in the respective quotation applies. Services not included there and requested additionally at a later stage may be charged separately.
3. Prices and payment
The prices agreed at the time the contract is concluded or displayed in the web shop apply. Prices for consumers are stated including the legally applicable taxes. Any additional shipping costs or other costs are shown before the order is completed. For business customers, prices may, where stated accordingly, be shown as net prices plus the applicable taxes. For individual projects, deposits, instalments or advance payments may be agreed. The respective quotation and the corresponding invoice are decisive. Invoices must be paid within the payment period stated on the invoice. If no specific payment period is stated, the invoice is due within 14 calendar days of the invoice date. In the web shop, payment may be required immediately when placing the order. The available payment methods are shown during the ordering process. For larger or longer-running projects, KreativSchmëdd is entitled to invoice services already performed in part.
4.Individual projects
Many of our services are not taken ready-made from a shelf but are created together with the customer. This applies, for example, to books, magazines, brochures, designs, websites, software, illustrations, printed products and other individual work. The agreed order forms the basis of such a project. If the scope of a project changes substantially at the customer’s request during the work, the price and completion date may change accordingly. Minor coordination and corrections that are normally part of the agreed order do not automatically become a new order as a result. Extensive changes, new design directions, additional content or work that goes beyond the agreed scope of services may, however, be charged separately. Before any additional costs arise as a result, we inform the customer.
5.Customer cooperation
For individual projects, we depend on the customer providing the required texts, images, data, login details, approvals and other information in good time. If a project is delayed because necessary documents or decisions from the customer are missing, an agreed deadline will be postponed accordingly. The customer is responsible for ensuring that the information provided by them is correct. This applies in particular to names, addresses, telephone numbers, prices, ISBN information, product data, dates, technical data and other information whose accuracy we cannot independently verify. If KreativSchmëdd has expressly been commissioned to carry out a content review, proofreading, editing or a comparable review, our responsibility is determined by the scope of the service agreed.
6.Texts, images and other customer content
The customer may only provide us with content that we are permitted to use for the agreed order. This includes, in particular, texts, photographs, illustrations, logos, fonts, music, videos, trademarks, graphics and other protected content. By providing such content, the customer confirms that they hold the necessary rights or have the required permission from the rights holder. KreativSchmëdd does not acquire any rights to this content beyond those required to carry out the respective order. In particular, we do not claim ownership or copyright in the customer’s works merely because files have been provided to us. If we receive credible information indicating that content provided may infringe third-party rights or may be unlawful, we may suspend use of that content until the matter has been clarified.
7.Authors and publishing projects
Copyright in a work generally remains with the author or the respective rights holder. The rights of use granted to KreativSchmëdd for publication, production, marketing, distribution or advertising are regulated in the respective author agreement, publishing agreement or another individual agreement. These Terms and Conditions do not transfer any additional rights of use. Exclusivity, contract duration, print runs, royalties, participation rights, distribution rights or rights relating to translations, audiobooks, film adaptations and other forms of exploitation arise only if they have been expressly agreed. In the case of services relating to a book where KreativSchmëdd merely provides, for example, editing, proofreading, typesetting, cover design, ISBN service or print production, no publishing right in the work arises automatically.
8.Editing, proofreading and editorial work
Our aim is to improve texts without taking away the author’s own language. The specific scope depends on the service booked. Proofreading is different from editing, and editing does not constitute a complete substantive or legal review of a work. Even with careful processing, it cannot be guaranteed that extensive texts will contain no spelling errors, typesetting errors or other irregularities whatsoever. This does not release KreativSchmëdd from its obligation to perform the agreed service carefully and professionally.
9.Drafts, corrections and approvals
For many projects, the customer receives a draft, proof, screen preview, PDF file, sample or comparable preview before final production or publication. By expressly approving it, the customer confirms that the version presented may be used for further production. The approval relates in particular to content, spelling, arrangement, design, page sequence, formats and other elements recognisable to the customer. Errors that were already visibly present in a version expressly approved by the customer and were then produced unchanged are generally not considered production errors. This does not apply to errors that arise only during subsequent production by KreativSchmëdd or by a production partner commissioned by us. Changes requested after approval may result in additional costs, particularly where print files have already been prepared, production orders have been placed or external services have been commissioned.
10.Printing and production
Printed products are manufactured on the basis of the approved production files. Differences may arise between a display on a screen and a printed product. Monitors display colours using light, while printed products are produced with printing inks on a specific material. Completely identical colour reproduction therefore cannot be guaranteed in every case. Technical differences may also occur between different printing processes, paper types, print runs or production times. Minor, technically unavoidable and industry-standard deviations in colour, cutting, folding, paper, material or finishing do not constitute a defect, provided they do not significantly impair normal use or the agreed character of the product. If a particular colour, material or specific production result is essential to the order, this may be expressly agreed and, where appropriate, secured by means of a sample, proof or comparable production approval.
11.Custom-made and personalised products
Products manufactured specifically according to customer specifications can generally no longer be changed or sold elsewhere without difficulty once individual production has begun. These include, for example, individually printed books, personalised printed materials, individually designed promotional items, special formats, products bearing names or logos and other goods made specifically for a customer. For consumers, the statutory provisions on the right of withdrawal and its exceptions apply. The statutory right of withdrawal is not restricted by these Terms and Conditions beyond what is permitted by law.
12.Design and creative work
For design orders, the customer receives the rights of use required for the agreed purpose and agreed in the quotation or contract. Unless otherwise agreed, the agreed rights of use are granted after full payment of the respective order. Open working files, source files, raw data, drafts, intermediate versions and unused design proposals are not automatically included in the scope of delivery. If such files are to form part of the order, this may be expressly agreed. Drafts rejected by the customer or not used may not be used without our consent. Third-party rights, for example relating to fonts, stock material, software, images or other licensed components, are governed by the respective licence terms of the rights holder.
13.Websites, software and digital developments
For websites, databases, apps, software and other digital projects, the functions owed are determined by the respective quotation or project agreement. Changes and extensions after the order has been placed may be agreed and charged separately. KreativSchmëdd owes the agreed functionality of the developed product, but not unlimited compatibility with every future operating system version, browser generation, server environment, interface or third-party software. If changes to third-party technical systems after completion make adjustments necessary, these are generally new services unless maintenance or ongoing support has been expressly agreed. Where external services, interfaces, payment providers, hosting providers, platforms or other third-party systems are used, their terms and conditions also apply. We cannot guarantee the permanent availability of a system operated by an independent third party.
14.Delivery times and deadlines
We take agreed deadlines seriously. A deadline is binding if it has expressly been agreed as a binding completion or delivery date. Non-binding time estimates and expected production times are provided for planning purposes and may change if the scope of the project changes, approvals are missing or necessary information is provided late. For production handled through external printing companies, shipping companies or other production partners, we take their production and transport times into account. KreativSchmëdd is not liable for delays caused by exceptional circumstances outside our control which could not reasonably have been foreseen when the contract was concluded and whose consequences we could not avoid. Statutory consumer rights in the event of non-performance or late performance remain unaffected.
15.Shipping and transfer of risk
Goods are shipped to the delivery address provided by the customer. The customer is responsible for providing a complete and correct delivery address when placing the order. For consumers, the risk of accidental loss or accidental damage to the goods generally passes only when the goods are handed over to the consumer or to a person designated by them and authorised to receive them. For business customers, the statutory provisions or expressly agreed arrangements apply. Visible transport damage should, where possible, be documented immediately with the delivery company and also reported to KreativSchmëdd. If a consumer fails to make this immediate report, this does not result in the loss of their statutory warranty rights.
16.Retention of title
Delivered goods remain the property of KreativSchmëdd until payment has been made in full, insofar as this is legally permissible. In the case of individually provided services and creative work, agreed rights of use are withheld until full payment to the extent that this is legally permissible and applicable to the specific contractual relationship.
17.Right of withdrawal for consumers
For distance contracts and contracts concluded away from business premises, consumers generally have a statutory right of withdrawal of 14 calendar days. Details are set out in our separate information on the right of withdrawal. For goods, the withdrawal period generally begins upon receipt of the goods. For services, it generally begins when the contract is concluded. For goods manufactured according to customer specifications or clearly tailored to the customer’s personal needs, the statutory right of withdrawal may be excluded. This may apply in particular to individually printed or personalised products. In the case of services, the consumer may expressly request that KreativSchmëdd begin work before the withdrawal period has expired. If the consumer withdraws from such a contract after expressly requesting early commencement, proportionate payment may be owed for the service properly provided up to the time of withdrawal. If a service has been fully performed at the consumer’s express request and the statutory requirements are met, the right of withdrawal may expire. In the case of digital content not supplied on a tangible medium, the special statutory requirements regarding commencement of performance and a possible loss of the right of withdrawal apply.
18.Cancellation of an individual project
If a customer wishes to terminate an individually agreed order before it has been fully completed, we charge for the services actually performed up to that point as well as any external costs already bindingly commissioned and no longer cancellable. Payments already made are offset against these amounts. For consumers, this provision applies only insofar as mandatory statutory rights, in particular the right of withdrawal, do not provide otherwise. We do not charge for services that have neither been performed nor bindingly commissioned for the customer.
19.Defects and warranty
Consumers are entitled to the statutory warranty rights. For goods, KreativSchmëdd is responsible for ensuring that the goods delivered conform to the agreed contract. A justified defect should be described to us as precisely as possible. Photographs or other documents may make processing easier. In the case of individually manufactured products, a distinction must be made between an actual production error and characteristics that were already part of the version approved by the customer. The consumer’s statutory rights to bring the goods into conformity with the contract, repair, replacement, price reduction, termination of the contract or other claims provided for by law are not excluded by these Terms and Conditions. Additional guarantees exist only if KreativSchmëdd has expressly provided them.
20.Complaints
If something has not arrived or does not work as agreed, the customer should contact us as directly as possible. We would first like to examine and understand problems before unnecessarily complicated routes are taken. A complaint may be submitted by email to [office@kreativschmedd.com](mailto:office@kreativschmedd.com). Statutory time limits and rights are not shortened or restricted by this request.
21.Liability
KreativSchmëdd is liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence. Statutory liability also remains in place for damage to life, body or health and in other cases where liability may not legally be excluded or limited. In cases of slight negligence and breach of an essential contractual obligation, liability is, to the extent permitted by law, limited to the damage that could reasonably have been expected at the time the contract was concluded based on the nature of the respective order. No limitation of liability in these Terms and Conditions restricts mandatory consumer rights. KreativSchmëdd is not liable for the substantive accuracy of content, data or materials provided by the customer or for whether the customer holds the necessary rights to such content, unless KreativSchmëdd has expressly been commissioned to carry out an appropriate review.
22.External production and service partners
Depending on the order, KreativSchmëdd works with printing companies, shipping service providers, hosting companies, technical service providers, freelancers and other specialised partners. This does not change the fact that KreativSchmëdd remains responsible to the customer for the performance contractually owed by us. Where the customer enters directly into a contract with a third-party provider, for example a hosting provider, domain provider or external platform service, that contract is concluded between the customer and the respective provider.
23.Late payment
If a customer is in default with a payment that has fallen due, the statutory provisions apply. In contracts between businesses, this may in particular include the default interest and statutory lump sums for recovery costs provided for under Luxembourg law. We reserve the right, in the event of substantial outstanding and due claims, to suspend further work on an ongoing project until payment has been made. The customer will be informed accordingly. This does not apply if the customer has legitimately disputed a substantial part of the invoice concerned.
24.Set-off and retention
Statutory rights of set-off or retention remain unaffected. These Terms and Conditions do not prevent consumers from asserting counterclaims to which they are legally entitled.
25.Data protection
Personal data is processed in accordance with the applicable data protection provisions. Details regarding the processing of personal data are set out in our separate privacy policy. The privacy policy does not form part of these Terms and Conditions but provides information about which personal data we process and for what purposes.
26.Out-of-court dispute resolution
Our first point of contact in the event of problems is ourselves. Customers may contact KreativSchmëdd directly at any time with complaints. For disputes between consumers and businesses established in Luxembourg, the National Consumer Mediation Service is also available. Participation in such out-of-court dispute resolution is governed by the statutory provisions and the rules of the respective mediation body. The possibility of bringing a matter before a competent court remains unaffected.
27.Applicable law
Contracts with KreativSchmëdd are generally governed by the law of the Grand Duchy of Luxembourg. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory statutory provisions of the country in which the consumer has their habitual residence.
28.Jurisdiction
For contracts with businesses, Luxembourg is agreed as the place of jurisdiction to the extent permitted by law. For consumers, the statutory rules on jurisdiction apply. These Terms and Conditions do not restrict a consumer’s right to bring proceedings before a court having jurisdiction under mandatory statutory provisions.
29.Changes to these Terms and Conditions
A contract is generally governed by the version of the Terms and Conditions valid at the time the contract was concluded. A later amendment to our Terms and Conditions does not automatically alter a contract that has already been concluded. In ongoing contractual relationships, changes take effect only where legally permissible and where the customer has been informed accordingly.
30.Final provisions
If any individual provision of these Terms and Conditions is or becomes wholly or partially invalid, the remaining provisions remain unaffected. The statutory provisions apply in place of an invalid provision. Additional agreements and individual arrangements remain possible. Individually agreed arrangements between KreativSchmëdd and the customer take precedence over these General Terms and Conditions.
KreativSchmëdd S.à r.l.
32, Rue de Beyren
6931 Mensdorf
Luxembourg
Version: 18 September 2026