Terms of service
I. Scope of application, conclusion of contract Orders are executed exclusively on the basis of the following following terms and conditions. Any deviating provisions must be written form.
1. The prices quoted in the contractor's offer shall apply subject to the the reservation that the order data on which they are based remain unchanged. data on which the order is based remain unchanged, but no longer than three months by the ordering party. In the case of orders with delivery to third parties, the ordering party is third parties, the customer shall be deemed to be the principal, unless otherwise expressly otherwise expressly agreed. The contractor's prices do not include value added tax and are ex works. Packaging, freight, postage, insurance and other ancillary costs shall be charged separately.
2. Subsequent changes at the instigation of the client, including the machine downtime caused thereby, shall be charged to the client. The amount shall be calculated on the basis of the original order value, corresponding to the part already produced, plus a flat-rate compensation of 50% of this sum for the machine downtime. Subsequent changes shall also be deemed to be repetitions of test prints, which the client has requested by the client due to minor deviations from the original.
3. Sketches, drafts, sample typesetting, sample prints, sample embroidery, samples, proofs and similar preparatory work initiated by the client shall be initiated by the client shall be charged. This shall also apply in the event that the does not place an order for the manufacture of the products in accordance with the aforementioned designs.
1. Payment shall be made immediately upon receipt of the invoice without any deduction. Any discount agreement does not apply to freight, postage, insurance or other shipping costs. The invoice shall be issued under the date of delivery, partial delivery or readiness for delivery (debt to be collected, default of acceptance). Bills of exchange shall only be accepted after special and on account of payment without granting a discount. Discount and expenses shall be borne by the principal. They are to be paid immediately by the principal. The contractor shall not be liable for the timely presentation, protest, notification and return of the bill of exchange in the event of dishonour, unless he is guilty of intent or gross negligence.
2. In the case of extraordinary advance payments, an appropriate advance payment may be demanded.
3. The client may only set off a claim that is undisputed or has been legally established claim. A client who is a merchant within the meaning of the German Commercial Code (HGB), shall not be shall not be entitled. However, the rights according to § 320 BGB remain intact as long as and as far as the contractor has not fulfilled his obligations according to section VI. 3. have not been fulfilled.
4. If the fulfilment of the payment claim is at risk due to a deterioration in the financial circumstances of the Client that has occurred or become known after the conclusion of the contract, the Contractor may demand advance payment, retain goods that have not yet been delivered and stop further work. The contractor shall also be entitled to these rights if the customer is in default with the payment of the delivery, which are based on the same legal relationship. legal relationship.
5. Default shall occur automatically if the client does not pay within 30 days after the due date and receipt of an invoice.
1. If the contractor has undertaken to dispatch the goods, he shall do so for the client with due care, but shall only be liable for intent and gross negligence. The risk shall pass to the Client as soon as the consignment has been handed over to the person carrying out the transport.
2. Delivery dates are only valid if they are confirmed by the contractor in writing. confirmed in writing. Transactions for delivery by a fixed date, irrespective of the type the written form. This shall only be observed if the reason for the fixed reason for the transaction for delivery by a fixed date is stated in the document.
3. If the contractor is in default, he shall first be granted a a reasonable period of grace. After the fruitless expiry of the the client may withdraw from the contract. § Section 323 para. 2 S.2 BGB remains unaffected.
4. Operational disruptions - both in the Contractor's business and in that of a supplier - in particular strikes, lockouts and all other cases of force majeure shall not entitle the Contractor to terminate the contractual relationship. § Section 313 BGB remains unaffected.
5. The contractor shall be entitled to a right of retention in accordance with § 369 of the German Commercial Code (HGB) in respect of printing and stamping templates, manuscripts, raw materials and other items supplied by the client until all claims arising from the business relationship have been met in full.
6. Printing and stamping templates created by the contractor are the property of the contractor, even if the costs for their production are borne by the client. The acquisition of such artwork requires a separate agreement which must be in writing and provides for separate remuneration of the contractor.
7. The Contractor shall take back packaging within the scope of the obligation incumbent upon it under the Packaging Ordinance. The Customer may return packaging to the Contractor's premises during normal business hours following prior notification in good time, unless another acceptance/collection point has been designated to the Customer. Packaging shall only be taken back immediately after delivery of the goods, in the case of subsequent deliveries only after prior notification and provision in good time. The costs of transporting the used packaging shall be borne by the customer. If a designated acceptance/- collection point is further away than the contractor's premises, the contractor shall only bear the transport costs that would be incurred for a distance to the contractor's premises. The returned packaging must be clean, free of foreign matter and sorted according to different packaging. Otherwise, the contractor shall be entitled to demand from the client the additional costs incurred for disposal.
V. Data protection
We process the data collected from you within the framework of the provisions of the GDPR and the BDSG. We process the personal data collected from you on the legal basis of Art. 6 (1) b) GDPR (within the scope of contract initiation and contract processing). We need the data collected for the provision of our products and the associated processing of the sale and payment. If we process personal data on the basis of your consent, this is done within the framework of Art. 6 Para. 1 a) GDPR (e.g. newsletter). If we have to process data collected from you due to legal regulations or requests from publicly competent bodies, this is done on the basis of Art. 6 (1) c) GDPR. Your personal data will not be transferred to unsafe third countries. Service providers commissioned by us to process personal data on our behalf are contractually bound by us in accordance with Art. 28 GDPR. You can contact us at any time with regard to your rights as a data subject in accordance with Articles 12 to 23 of the GDPR.
VI. Retention of title
1. The delivered goods remain the property of the contractor until full payment has been made.
2. The following provisions shall only apply in commercial transactions: The delivered goods shall remain the Contractor's property until full payment of all claims of the Contractor against the Client existing on the invoice date. The client is only entitled to resell the goods in the ordinary course of business. The customer hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment. In the event of default at the latest, the customer shall be obliged to name the debtor of the assigned claim. If the value of the securities existing for the contractor exceeds its claim by more than 20% in total, the contractor is obliged to release securities of the contractor's choice to this extent at the request of the client or a third party affected by the contractor's excess security.
3. In the event of treatment or processing by the contractor of goods owned by him, the contractor shall be regarded as the manufacturer in accordance with 950 BGB and shall retain ownership of the products at all times during processing. If third parties are involved in the treatment or processing, the contractor is limited to a co-ownership share in the amount of the invoice value of the reserved goods. The property thus acquired shall be deemed to be reserved property.
VII. Rights of use
1. The intellectual-creative performances developed by the Contractor are protected as personal intellectual creations by the Copyright Act. The parties agree to apply the provisions of copyright law even if the performances do not reach the level of creation required under copyright law.
2. The Client is not entitled to commission third parties to manufacture the products concerned on the basis of the sketches, drafts, proofs, samples or similar designs produced by the Contractor. This also applies to adaptations or redesigns of the designs.
VIII. Complaints, warranties
1. The client must check the contractual conformity of the delivered goods as well as the preliminary and intermediate products sent for correction in every case. The risk of any errors shall pass to the client with the declaration of readiness for printing/declaration of readiness for production, insofar as these are not errors which only arose or could only be detected in the production process following the declaration of readiness for printing/declaration of readiness for production. The same applies to all other release declarations of the client.
2. Complaints are only admissible within one week after receipt of the goods. Hidden defects that cannot be found after immediate inspection must be claimed within the warranty period of one year. If the client is a consumer within the meaning of § 13 BGB, the warranty period shall be two years.
3. In the event of justified complaints, the contractor shall be entitled, at his discretion and to the exclusion of other claims, to rectify the defect and/or make a replacement delivery up to the amount of the order value, unless a warranted characteristic is missing or the contractor or his vicarious agents are guilty of intent or gross negligence. The same shall apply in the event of a justified complaint about the repair or replacement delivery. The contractor is entitled to rework the order three times. In the event of unsuccessful rectification or replacement delivery, the Client may demand a reduction of the remuneration (abatement) or cancellation of the contract (rescission).
4. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery. A defect-free partial delivery shall be accepted and paid for.
5. In the case of colour reproductions in all production processes, minor deviations from the original cannot be objected to. The same applies to the comparison between press proofs and production prints. Colour deviations which do not exceed two colour levels according to the Pantone- and HKS-colour guides are considered to be minor.
6. In the case of textiles, shrinkage values of less than 5% do not entitle to warranty claims. Failure to observe the manufacturer's washing and care instructions shall invalidate all warranty rights of the customer.
7. The contractor shall only be liable for deviations in the quality of the material used up to the amount of its own claims against the respective supplier. In such a case, the contractor shall be released from his liability if he assigns his claims against the suppliers to the client. The contractor shall be liable insofar as claims against the supplier do not exist or are not enforceable due to the fault of the contractor.
8. Supplies (including data carriers) by the Client or by a third party engaged by the Client shall not be subject to any duty of inspection on the part of the Contractor.
9. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. The delivered quantity will be invoiced.
1. The Contractor shall in principle only be liable insofar as it has caused damage through intentional or grossly negligent action.
2. In all other respects, the following provisions shall apply to the Contractor's liability in the event of negligence: Claims for damages due to consequential harm caused by a defect under § 280 BGB (German Civil Code) and from tort are excluded. If the order involves contract finishing work or further processing of printed products, the contractor shall not be liable for the resulting impairment of the product to be finished or further processed. Claims for damages due to impossibility and delay are limited to the amount of the order value (own work excluding preliminary work and material).
3. The above limitations of liability shall apply to the same extent to the Contractor's vicarious agents.
4. In commercial transactions, the contractor is always liable only for damage caused by intentional or grossly negligent actions.
5. The above limitations of liability shall not apply in the event of culpable breaches of material contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised, in the absence of warranted characteristics and in cases of mandatory liability under the Product Liability Act.
X. Periodic work Contracts for regularly recurring work may be terminated with at least three months' notice to the end of a month.
The Client shall be solely liable if rights, in particular copyrights of third parties, are infringed by the execution of its order. The Client shall indemnify the Contractor against all claims of third parties due to such an infringement of rights and shall be liable to the Contractor for damages.
The contractor may refer to his company in a suitable manner on the contractual products with the consent of the client. The client may only refuse consent if he has an overriding interest in this.
XIII. Place of performance, place of jurisdiction, validity The place of performance and jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the Contractor if the Client is a registered trader within the meaning of the German Commercial Code (HGB) or has no general place of jurisdiction in Germany. German law shall apply to the contractual relationship. The UN Convention on Contracts for the International Sale of Goods is excluded. Any invalidity of one or more provisions shall not affect the validity of the remaining provisions.