Orders placed with us will only be carried out under our terms and conditions below. By concluding the contract, our customer accepts our terms of sale and delivery. Deviations require our express written confirmation. Our general terms and conditions apply exclusively; we do not accept any terms and conditions of the customer that conflict with or deviate from our general terms and conditions unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we carry out the delivery without reservation despite knowing that the customer's terms and conditions conflict with or deviate from our terms and conditions. Our general terms and conditions apply to both consumers and companies, unless a distinction is made in the respective clause. Our terms and conditions also apply to future transactions, even if they have not been expressly referred to, provided that they have only been received or referred to by the customer in connection with a transaction already concluded between them and us.
2) Form, written form
All contractual agreements and their changes or additions must be in writing to be effective. This formal requirement can only be waived in writing. The written form requirement is satisfied by our confirmation letter or by our written acceptance of the order.
3) Offer, conclusion of contract, offer documents
The customer's order represents a binding offer that we can accept within one week by sending an order confirmation or by delivering the goods. Offers made by us beforehand are non-binding. We reserve ownership and copyright to illustrations, drawings, calculations and other documents. This also applies to written documents that are marked as "confidential". The customer requires our express consent before passing them on to third parties.
4) Prices and payment terms
The remuneration to be paid to us is subject to agreement in each individual case. If no express price agreement has been made, the rates from our current price list apply. For consumers, the statutory sales tax is included. If the customer is a business, we only state the net price. The statutory sales tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing. If budget plans agreed with the customer contain remuneration regulations, the external costs included therein are only guide prices. Expenses, travel costs, costs of external meals and accommodation must be reimbursed separately in each case. The applicable sales tax must be paid on the agreed remuneration rates. If we award orders to advertising media (media orders) or suppliers, their respective valid prices become part of the contract. If the customer is a business, the agreed price applies. If the price at the time of service provision has increased due to a change in the market price or due to an increase in the fees charged by third parties involved in the service provision, the higher price applies. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price. The total remuneration is to be paid within 10 days of the service being provided and without deduction of a discount, unless otherwise agreed. The statutory rules regarding the consequences of late payment apply. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed and have been recognized by us. If the customer is an entrepreneur, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
5) Delivery
Delivery periods or delivery dates are only binding if they are expressly confirmed by us in writing. If no delivery period is agreed, we undertake to deliver as quickly as possible. The delivery period begins on the day of the order confirmation, but not before the documents, approvals, releases and, if applicable, advance payments agreed upon after performance have been provided by the customer. In the case of a delivery period expressly guaranteed in writing, this is met if the delivery item has left our business area by the end of the period. Circumstances outside our sphere of influence which prevent or complicate the provision of the service, procurement or shipping, e.g. force majeure, industrial action, riots, official measures, energy and material shortages, traffic or operational disruptions, delivery delays on the part of our suppliers, release us from the obligation to deliver for the duration of these circumstances. If the delivery date or delivery is exceeded or delayed by more than one month due to these circumstances, both parties are entitled to withdraw from the contract without the customer being entitled to any claims for compensation. This also applies if the circumstances mentioned occur at a time when we are in default. Over- or under-deliveries of up to 10% are permitted. We charge for the quantity delivered. Partial deliveries are permitted unless the customer would be unreasonably disadvantaged. Shipping is at the customer's expense and risk. The risk is transferred to the customer as soon as the delivery has left our business area. Claims due to delayed postal and/or delivery are excluded.
6) Property
Pre-press and intermediate products and/or work materials produced for the provision of our services, e.g. printing templates, blocks, final artwork, lithographs, molds, tools and the like, as well as the programs, digital data, data sets, files and data carriers and comparable media produced in this way, remain our property.
7) Liability for defects
If the customer is a consumer, we are liable in the event of a defect in accordance with the statutory provisions, unless there are restrictions in the following. The consumer must notify us of obvious defects in writing within two weeks of the defect occurring. If the notification is not made within the aforementioned period, the warranty rights expire. This does not apply if we fraudulently concealed the defect or provided a guarantee for the quality of the item. If the customer is a business, complaints about defects due to incomplete or incorrect delivery or due to recognizable defects must be reported in writing within one week of receipt of the delivery. Other defects must be reported to us in writing immediately after discovery; if a defect exists, we reserve the right to choose the type of subsequent performance. Minor deviations from the original are not grounds for a complaint, even in the case of color reproductions in all manufacturing processes. The same applies to the comparison between proof and print run. Defects in part of the delivery do not entitle the customer to complain about the entire delivery, unless the partial delivery disproportionately disadvantages the customer. If the customer is a consumer, the limitation period for claims for defects is two years for the delivery of new items and one year for the delivery of used items. The period begins with the transfer of risk. This does not apply to claims for damages due to defects. Clause 8 applies to claims for damages due to a defect. If the customer is a business, the warranty period is always one year. The limitation period in the event of delivery recourse according to Sections 478 and 479 of the German Civil Code remains unaffected. This does not apply to claims for damages due to defects. Clause 8 applies to claims for damages due to a defect. The customer does not receive any guarantees in the legal sense from us.
8) Liability for damages
Our liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This does not apply to injury to the life, body or health of the customer, claims for breach of cardinal obligations and compensation for damages caused by delay (Section 286 of the German Civil Code). In this respect, we are liable for any degree of fault. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents. Insofar as liability for damages that are not based on injury to the life, body or health of the customer is not excluded for slight negligence, such claims expire within one year from the time the claim arises or, in the case of claims for damages due to a defect, from the time the item is handed over. Insofar as liability for damages is excluded or limited towards us, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
9) Property and copyright rights
Unless otherwise agreed, we retain ownership of concepts, exposés, treatments, sketches, drawings, graphics, samples, programs, digital data and files, etc. and, to the extent permitted by copyright law, all copyright usage and exploitation rights. Ownership, usage and exploitation rights to our services are only transferred to the customer after full payment of the remuneration owed - to the extent that their transfer has been contractually agreed. The services we provide are only available to the customer for the purpose agreed upon when the contract was concluded. The copyright usage and exploitation rights to these services are therefore only transferred to the customer to the extent that this is necessary for the agreed purpose. Any exploitation and use beyond this must be agreed with us in writing and is subject to remuneration. The transfer of an exclusive right of use to services to be provided by us to the customer requires a separate agreement.
10) Corrections, checking for further use
Proofs (copies, laser prints, proofs in any form), films, final artwork or similar must be checked by the customer for errors and declared ready for printing (print approval). Errors caused by us will be corrected immediately and free of charge. The customer must check any corrections again for errors before further use. After print approval, we are not liable for errors overlooked by the customer. The costs for order and author corrections are charged to the customer separately. The customer is obliged to check our deliveries before further use, even if corrections have been sent to him beforehand. Printed pieces, machine plates, copyable films and similar must be checked by the customer for completeness, dimensional accuracy, correct positioning, density and perfect condition for forwarding before further processing. We do not check for typesetting errors or other defects any final artwork, films, digital data or similar items handed over by the customer for use in advertisements, print runs, etc. unless otherwise agreed in writing. We store the documents and data handed over to us by the customer for the execution of the order with the usual level of care. We are entitled to destroy such documents two years after completion of the order, unless the client has reserved the right to take them back in writing when handing them over and/or has concluded a separate storage agreement with us.
11) Transfer of rights
The transfer of the customer’s rights and obligations arising from the contractual relationship to third parties requires our prior written consent.
12) References, self-promotion
We are entitled to use our services for the customer for reference purposes and for self-promotion by naming and depicting them.
13) Place of performance, choice of law, place of jurisdiction
Unless otherwise stated in the contract, the place of performance and payment is our place of business. This contract is subject to the law of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our place of business. If one of the above provisions is or becomes invalid, this shall not affect the validity of the remaining provisions.
