General Terms and Conditions

1. Scope, definitions, general
1.1 These terms and conditions apply exclusively; or deviating from these terms and conditions, particularly conditions of purchase, we do not recognize it unless we have expressly agreed in writing. Our terms and conditions apply, even if we accept without reservation to or from our terms and other conditions of the delivery to them.
1.2 As part of an ongoing business relationship, our terms and conditions apply to all future business with the customer, even if they are not expressly agreed.
1.3 Consumers in the sense of these terms and conditions, any natural person who enters into a transaction with us for a purpose that is neither commercial nor their independent vocational activity may be attributed.
Entrepreneur in terms of these Terms is a natural or legal person or a legal partnership, in concluding a transaction with us in their commercial or independent professional activity.
Purchaser under these terms and conditions of both the consumer and the entrepreneur.
2. Contract
2.1 Our offers are non-binding. Technical changes and changes in form and color are reserved within the bounds of reason.
2.2 The appointment of the purchaser makes a binding declaration that we should provide the ordered goods or services.
2.3 Our acceptance to be legally binding declarations must be in writing. The same applies to additions, amendments and subsidiary agreements.
2.4 With regard to our supply and service scope of our written order confirmation or our commercial letter of confirmation shall prevail.
2.5 The contract with a contractor under the provision that we are with our suppliers to the industry-standard conditions and supplied correctly and on time. This only applies to the case that the non-delivery is not our fault, especially when a congruent hedging transaction with our suppliers.
The customer is informed of the unavailability of the goods / services without delay. He has already provided consideration, it will be immediately refunded back to him.
3. Delivery and management of print data, order execution
3.1 Unless otherwise agreed in writing, we carry out all orders in to us by the purchaser fed compressed data.
3.2 The customer has the print data by us on our web-platform or may be transmitted to our order forms mentioned file formats on their own cost and risk to us. In particular, the buyer for the completeness and accuracy of the data forwarded to us is exclusively responsible alone.
3.3 The customer is obligated to release such data to any so-called computer viruses is available, it is particularly required to use for this purpose, current conservation programs. If not us, the buyer must compensate any damage.
3.4 The security of the data given rests entirely with the customer.
3.5 We can and will test us by the customer or on behalf of third parties in the present data only for obvious errors.
3.6 All pressure supplied by the customer data, including templates and supports are archived only by written agreement and against separate payment beyond the date of delivery of the final product out of us.
3.7 Let us keep the contract under pressure data of the customer on the date laid out for us, the buyer for any use of this archived print data, namely for searching the data in the archive, its decompression, preparation for further processing and possibly the transmission of that made from this data or documents, etc., a separate fee to cover the said expenses to be paid to us.
3.8 Go with us as agreed archived data lost or damaged it, we shall do is in accordance with the regulations under section 8 this contract.
4. Prices, Payment
4.1 In relation to the consumer contract containing our prices, unless otherwise indicated, the sales tax. Under contract to the contractor are all identified and agreed upon prices net prices, and accordingly they are exclusive of the time the goods / services applicable VAT.
4.2 All prices are stated and agreed otherwise agreed at the factory, ie from 40764 Langenfeld. The prices include packaging, transportation, insurance, handling fees and other incidental charges.
4.3 Unless otherwise agreed in writing shall, in each case at the time of concluding the contract price.
4.4 Unless otherwise agreed, the payment due in advance, debit or cash on delivery to take place, we connect with our exceptional delivery in advance, our calculations without any discount for immediate payment is due.
4.5 Cheques and drafts are accepted only upon specific written agreement and payment.
4.6 With regard to the timeliness of the payment due, it is always on the payment receipt from us.
4.7 Advance and progress payments shall not bear interest.
4.8 Where the cost of delivery is not paid or is not a debit or redeem a corresponding charge back, we are entitled to by the board to our additional expenses a sum? to claim 25; not affect the right of the buyer to prove a lower damage.
4.9 If the customer with a payment due in arrears, all other payments due from him without any discount for immediate payment.
4.10 We are entitled to it, despite conflicting requirements of the customer bill payments first on older debts, and we have to immediately inform the purchaser in this case, the type of settlement. If costs and interest accrued, we are entitled to the payment first to the costs, then the interest and finally against the principal.
4:11 If we become aware of circumstances that are appropriate for our dutiful commercial discretion, provide the credit worthiness of the customer in question, in particular a direct debit, a check or draft is not honored or charged back, or if the customer is more than two weeks in arrears, are we have the right to make our total debt due immediately. We are then also entitled to make outstanding deliveries or services only against advance payment or collateral security, and until that further work be returned to current orders.
4.12 The counter claims is impossible, if these counterclaims recognized by us or not legally ascertained. If the customer is an entrepreneur, he may exercise his right of retention if his counterclaim is based on the same contract and the law underlying claim is undisputed or legally established.

5. Shipping, packaging and transfer of risk
5.1 If the individual agreed otherwise in writing, the delivery from the factory, so from 40764 Langenfeld, due.
5.2 If the buyer is an entrepreneur, the risk passes to him as soon as the goods leave the supplier or the customer or a will by his agent (including a designated carrier) in the delivery mechanism made available, this is so even if we are shipping costs . who
If the customer is consumer, the risk is also at an agreed purchase of the first shipment with the delivery of the goods to the buyer.
5.3 If the dispatch or collection of goods as a result of delays attributable to the customer behavior or impossible, the danger with the notification of readiness for shipment to the customer.
5.4 Agreed ships goods that are reported to be retrieved immediately, otherwise we shall be entitled to dispatch them at the expense and risk of our choice or discretion to store and to invoice.
5.5 We determine in the absence of a specific instruction of the customer the freight forwarder, shipping and transit agents, without assuming any obligation for the cheapest shipping.
5.6 Special protection for a packaging, transport and transport equipment, and transport insurance, we carry only at the express written request of the customer care, the costs shall be borne by him.
5.7 The Purchaser must ensure that the ordered goods will be accepted at the specified delivery address to the usual delivery times, especially the Deutsche Post AG. Otherwise, the Purchaser shall pay further shipping costs of the resulting increase in our processing costs, the flat rate? agreed 15; not affect the right of the purchaser to prove minor damage.
5.8 If the apparent defects on the buyer in the receipt of the goods has to have it established the damage so that possible because of these findings for compensation claims against the carrier are. If the customer does not adequately fulfill this obligation, he has to bear all the consequences.
5.9 The Purchaser must ensure that it or, where appropriate, the recipient of the goods immediately after their delivery from the condition of the parts is convincing. In relation to the contractor, the statutory provisions of the inspection and complaint without prejudice.
6. Delivery times, damage caused by delay
6.1 Delivery dates or periods are only binding if expressly agreed in writing. You start with the receipt of our order confirmation by the purchaser, but not before clarification of all details of the order, not before receiving the provided all required data, documentation and approvals necessary and not before receipt of an agreed payment. If consecutive deliveries agreed at the request of the customer, we are of the agreed delivery deadlines / delivery dates given birth, if we get the views as mutually agreed upon, especially late or do not regularly go. Also, in compliance with delivery dates / deadlines, the performance of contractual obligations of the Purchaser, in particular compliance with the payment arrangements ahead.
6.2 Also non-binding delivery dates / are always subject to the timely clarification of all details of the order, in particular the clarification of all technical issues.
6.3 In the contract to a contractor, we are in a binding delivery date will not be bound if we despite the conclusion of a congruent hedging transaction by our suppliers not been properly or does not deliver on time are, is the provision in the paragraph 2.5 made additional reference.
6.4 periods specified by us and agreed delivery / generally relate to the date of dispatch of the goods from the factory (40764 Langenfeld). They also apply to notice of readiness as fulfilled if the goods without our fault could be sent in time.
6.5 When partial deliveries and services, we are entitled at any time. services can be part of the delay of delivery or the customer derive any rights in respect of the remaining partial deliveries or partial services.
6.6 With regard to the timely transport, the transport time and the arrival of the goods we can not guarantee, in so far our information is invariably given in good faith but without warranty.
6.7 Delivery and service delays due to force majeure and due to events that complicate the delivery / performance or impossible - including in particular strikes, lock-outs, and import bans and other government regulations, we are not responsible disturbances in the material - material and energy supply, fire, industrial, production and transport disruptions, unforeseen transportation problems to be represented machine defects, accidents and the like, not even if they occur at our suppliers, their subcontractors or our subcontractors - we have even if binding agreed deadlines and dates do not represent. They entitle us to postpone delivery or performance for the duration of the impediment plus a reasonable start time or withdraw from the unfulfilled part of all or part of the contract.
6.8 If the delay is longer than two months, the customer is entitled to a reasonable grace period to withdraw from the unfulfilled portion of the contract. Extended as a result of the above-mentioned events, the delivery time or we are therefore free from our delivery obligations and therefore we come back from the contract, the purchaser can not derive any claims for damages. The aforementioned circumstances, we can but only called if we have informed the customer immediately.
6.9 The provisions of the foregoing paragraphs 6.7 and 6.8 shall apply accordingly if the customer can not meet the payment obligations in default, he his duty to cooperate in resolving any commercial or technical questions can not immediately comply, or has delayed the customer in other respects, the contract execution.
6.10 late loss of the customer, we are liable as follows:
6.10.1 In the event of death or bodily injury to health and we have unlimited liability.
6.10.2 This is also true if we or our agents regarding the delay of intent or gross negligence is.
6.10.3 In case of slight negligence, liability is excluded if the default relates to immaterial contractual obligations.
6.10.4 delay relates to our material contractual obligations to us or our assistant but is no intent or gross negligence is limited, the claim of the purchaser to a compensation for the delay to 0.5% for each full week of delay, up to a maximum 5% of the invoice value of the delayed deliveries and services.
6.10.5 In addition, the types of limited liability as stated in the paragraph 8 these terms and conditions
7. Liability for Defects (Warranty)
7.1 applies for the existence of defects following:
7.1.1 Minor variations in color, quality, etc. are not considered defects.
7.1.2 In a specially-made goods to the customer over or under deliveries of up to 10% of the ordered amount permitted under the calculation of the exact quantity delivered.
7.1.3 For our sample, and samples (the samples) shall apply as follows:
Our samples are often prepared under different conditions, as these are given in the subsequent production process. Therefore, it is inevitable that those of us are not always exactly the same goods to be supplied and our patterns.
The characteristics of our model will not be as agreed condition to be considered by us to be supplied within the meaning of § 434 I 1 BGB. Rather, relevant to our delivery of goods, only the relevant technical standards and any express contractual nature.
7.1.4 If the customer is an entrepreneur, he has the supply immediately upon receipt for completeness and defects. Obvious and are in proper inspection, visible defects immediately by telephone and in addition, within 10 days of receipt of the goods (sufficient is a fax or e-mail) to complain. This also applies to non-obvious and proper inspection, not visible defects once the customer has found the defects. To comply with the deadline.
If the contractor fails to meet his inspection and complaint, the enforcement of any warranty claims for the damage will not be affected.
7.1.5 For mutual trade transactions between merchants additional § 377 applies.
7.1.6 In case of justified complaints, we are initially entitled to a repair or replacement. With respect to the same error are basically giving us two attempts.
7.1.7 If the subsequent performance (repair or replacement) is unsuccessful, the buyer, at his discretion reduce the purchase price (reduction) or cancellation of the contract (withdrawal). If only a small contract, especially in minor defects, is present, but the purchaser no right of rescission.
7.1.8 If the goods supplied by us only partially defective, the buyer may cancel the contract only withdraw in full, unless the defective part delivery is of no interest to him, otherwise he remains committed to remove the defective part of the goods.
7.1.9 The above warranty provisions shall apply to the repaired or substitute goods delivered.
7.1.10 Compared with the contractor, the warranty shall expire within one year after delivery of the goods, unless we would be in respect of such deficiency is a fraudulent act to the load.
8. Limitation of Liability
8.1 Claims and reimbursement of expenses the Purchaser (hereinafter: damage claims), for whatever reason, in particular because of the breach of obligations of a contract or tort, are excluded.
8.2 This does not apply in cases of the assumption of a guarantee or a procurement risk.
8.3 This also does not apply if we are declared to claims under product liability law, in cases of intentional or grossly negligent conduct by us or our agents, with the loss of life, limb or health or the violation of essential contractual obligations.
8.4 The claim for damages for the violation of essential contractual obligations is limited to the type of delivery or performance predictable, contract typical, direct average damage if there is no willful misconduct or gross negligence or liability for injury to life, limb or health.
8.5 If our liability is excluded or limited, this also applies in relation to the personal liability of our directors, employees, agents and assistants.
9. Advertising, our copyrights, rights of third parties
9.1 We are entitled to keep copies of the contracts as a quality pattern, what, in advertising - anonymously - to use.
9.2 Our deliveries and services do not include the transfer of copyright.
Accordingly, we retain our graphic designs, images and text on trade marks, layout etc. of any property and copyright. The transfer of these rights requires a separate written agreement.
9.3 The Purchaser shall ensure that the execution of his order violated by any third party rights, including copyrights, are. Otherwise, he must release us from any claims of third parties which make the contract in question are applicable in relation to rights.
10. Retention of title
10.1 to all claims - for entrepreneurs, including all current accounts receivable - due to us from any legal basis, the customer now or in the future, are the following securities are granted, which will be released on request, at our discretion, if the recoverable value the claims by more than 20%.
10.2 The Product shall remain our property until full payment (conditional goods).
10.3 The purchaser may sell the reserved commodity only in the ordinary course of business to his normal business terms and provided he is not in default.
10.4 The customer hereby assigns his claims with all ancillary rights - including any accounts receivables - the amount of the invoice amount (including VAT) of our claim, as security, which arise from the further sale or any other legal reason against his customers or third parties. We accept this assignment.
10.5 of the customer demand in the context of genuine factoring, our claim is immediately payable and the purchaser shall take its place the claim on the factor to us, and derives its revenue immediately to us. We accept this assignment.
10.6 The powers of the purchaser to sell goods in the ordinary course of business of title-border, on his late payment or with our withdrawal as a result of sustained deterioration in the financial position of the buyer, but no later than its payments or the filing for bankruptcy on his assets.
The customer is then obligated to forward to a detailed list of the claims it has the name and addresses of customers, amount of each claim, invoice date, etc. to hand and all of us to provide for the enforcement of the claims information necessary, and their assessment to allow claims.
10.7 A pledge or transfer of ownership of the goods or the assigned claims is inadmissible.
10.8 In the event a third party access to the retained goods, especially for seizure, as well as any other - may only become imminent, but expected - infringement of our rights, the purchaser is obliged to point out our ownership and inform us immediately.
10.9 In case of a breach of the Purchaser against the obligations under this Section 10, we will be entitled to appropriate a reasonable extension of the entire balance for the reserved goods immediately or to demand collateral, a grace period is not required if it affects our rights or economic interests or could be endangered or if a serious infringement of the purchaser of the provisions in this Clause 10.
The customer pays the entire balance within 7 days after being prompted by us or is he to give the required guarantees within the said period shall cease to be legal to use the reserved property. We then have the right to demand the immediate return at the expense of the purchaser, excluding any liens. The purchaser paid for this case already irrevocably access to the location of the goods and authorizes us to withdraw it.
10.10 Notwithstanding the payment obligation of the Purchaser, we may use or by us at the best possible use of repossessions reserved goods in open market or to adopt this at their current market price.
11. Governing Law, Jurisdiction, Performance, severability and data processing
11.1 General These terms and conditions and all legal relations between us and the customer solely by the law of the Federal Republic of Germany. The application of the law to the United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods (CISG so-called) is excluded.
11.2 If the customer is a merchant, legal entity under public law or public law special fund, the performance 40210 Dusseldorf Germany.
11.3 If the purchaser, a legal entity under public law or public special assets, agreed that the court of jurisdiction is Cologne. We are however entitled to sue the purchaser at the charge of his residence or domicile.
11.4 Should any provision of these terms and conditions or any provision in any other agreement between the customer and ourselves to be invalid, the validity of all other provisions and agreements are not affected.
11.5 Exclusively for our internal purposes, we are entitled to store data concerning goods or services and payment with the customer and process.