AGB
1. General
The following terms and conditions apply to all our offers, deliveries and services. By placing an order, the client/customer (hereinafter referred to as the "customer") declares his agreement to these terms and conditions, even if his terms and conditions of purchase conflict with these terms and conditions of delivery and payment, even if we do not object. Deviating and supplementary conditions require our written confirmation to be legally effective.
Declarations made by our employees who are not authorised representatives shall only be binding if they have been confirmed in writing.
2. Prices
The prices stated in the offers are subject to change unless they have been expressly designated as binding. Cost estimates remain our property until full payment has been made and may not be reproduced or made accessible to a third party without our consent. Drawings, drafts and other documents must be returned if an order is not placed.
The prices are always subject to value added tax at the respective statutory rate.
3. Delivery time, obligation to deliver
Our offers are subject to change with regard to delivery period, delivery possibility and defects, unless they have been expressly designated as binding. Delivery periods shall commence on the day from which all details required for preparation have been clarified by the customer.
In the event of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible, e.g. difficulties in the procurement of materials, operational disruptions, strikes and lock-outs, interventions by the authorities, difficulties in the supply of energy, etc., even if these occur at our suppliers, the delivery date shall be extended to a reasonable extent if we are prevented from fulfilling our obligations in a timely manner as a result. If the aforementioned circumstances make delivery impossible, we shall be released from our delivery obligation.
The customer shall not be entitled to claim damages due to such a withdrawal. The customer shall bear the risk for finished products which cannot be delivered within the agreed delivery period due to circumstances caused by the customer's order. The customer shall bear the costs and other additional expenses incurred in such a case.
4. Secrecy
We undertake to maintain secrecy with regard to all business and economic data which become known to us through the order of a customer about him and his client.
5. Copyrights
By placing the order, the customer declares that he is entitled to the copyright of all drafts, layouts and images commissioned by him. The client shall be liable for all damages arising from the infringement of any copyright.
If the templates are marked with a third party copyright, we will only reproduce them if the customer can show the consent of the copyright holder. However, we decline all liability if the copyright is hidden, too small or otherwise not clearly visible on the artwork.
6. Shipping
Our prices are ex works excluding shipping and insurance charges. These costs are to be borne additionally by the customer.
Transport insurance will only be taken out at the express request and expense of the customer.
All deliveries are dispatched at the customer's risk, even in the case of carriage paid deliveries.
7. Complaints
Complaints of any kind must be notified to us in writing immediately, at the latest within 7 days. They do not release the customer from payment obligations or acceptance of the goods. For the calculation of the time limit, the date of delivery, in the case of hidden defects, the date of discovery as well as the date of receipt of the letter of complaint shall be decisive.
Goods which are the subject of a complaint are to be returned free of charge. Our acceptance does not constitute recognition of the defects complained about.
8. Warranty/liability
In the event of a justified complaint, we shall, at our discretion, make a replacement delivery or rectify the defect within a reasonable period of time.
If rectification of defects or replacement delivery fail within a reasonable period of time, are unsuccessful or impossible, the customer shall have the right to a price reduction or, at his option, the right to rescind the contract. Any further claims, in particular claims for damages, including claims for loss of profit or other financial losses of the customer, are excluded. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the customer asserts claims for damages due to the defect of a warranted characteristic.
In the event of a negligent breach of a material contractual obligation, any liability shall be limited to the foreseeable damage. The statutory limitation period for warranty claims shall not be interrupted by the notification of defects. In order to fulfil his duty to minimise damage, the customer is obliged to check our goods in detail for existing defects before further use.
9. Liability
No liability shall be assumed for damage to or loss of the documents and items provided for the production unless the contractor or his employees have acted with intent or gross negligence.
The conclusion of an insurance policy for transport, fire, theft, damage, risk of loss of the documents entrusted to us is the responsibility of the client. If these documents have an extraordinary value, the customer must inform us of this circumstance when placing the order.
10. Retention
The customer is not entitled to declare offsetting against our claims with disputed or not legally established claims or to exercise rights of retention.
11. Terms of payment
All invoices are payable net immediately upon receipt. We are entitled to issue à account invoices for a total value of more than € 10,000 up to the amount of 50 % of our expenses already incurred.
Payments shall only be made directly to us. In the event of default of payment by the customer, interest on arrears shall be charged at a rate of 3 % p.a. above the respective Bundesbank discount rate.
We are not obliged to accept bills of exchange.
The customer's ability to pay and creditworthiness shall be deemed to be the basis of the contract. If it is not given or if it ceases to exist during the term of the contract, we may terminate the contract and demand the agreed remuneration. In the case of invoices which have to be passed on to third parties, the intermediary of the order shall always be liable for the payment of the invoice.
12. Retention of title
We retain title to the delivered items until all claims to which we are entitled against the customer for any legal reason now or in the future have been settled.
13. Place of jurisdiction-applicable law
The place of jurisdiction and performance for both parties is Frankfurt am Main. The terms and conditions of the contract shall be governed solely by German law. If agreements have been made in two languages, only the German version shall be authoritative.