Terms and conditions
Article 1 Applicability
1. The following terms and conditions in the version valid at the time of the conclusion of the contract shall apply exclusively to the business relationships between the DruckVerlag Kettler GmbH (hereinafter "DruckVerlag Kettler“) and the buyer.
2. Terms and conditions of the buyer deviating from these terms and conditions will not be accepted by us unless we have previously expressly agreed in writing to their validity in the individual case. Thus the deviating conditions shall not apply even if we do not expressly contest them.
Article 2 Conclusion of contract, prices
1. The presentation of our services does not constitute a binding offer in the meaning of Article 145 of the BGB. Our offers are subject to change.
2. In the event that the buyer sends us an order by email or by post in response to our individual offer tailored to their needs, this shall constitute a binding acceptance of the offer to conclude a contract for the manufacture and supply of the products concerned. Upon its receipt, we shall send the buyer a message confirming our receipt of the order and listing the details of the order (order confirmation). Receipt can be acknowledged in writing or electronically (for example via email).
3. The prices quoted in our offer shall apply on condition that the order data underlying the tender remain unchanged, and for a period of four months at most after the offer is made. After that the offer shall no longer apply. For orders delivered to a third party the person making the order is considered the buyer, insofar as no other explicit arrangement has been reached. All prices are in euro. For shipments to countries not belonging to the European Union, additional customs duties may apply, over which we have no influence. Any customs fees shall be borne by the purchaser.
4. Subsequent changes at the instigation of the buyer, including the machine downtime they cause, shall be charged to the buyer. The term subsequent amendments shall also include repetitions of sample proof copies which are demanded by the buyer due to minor deviations from the model copy.
5. Sample proof copies, galley proofs, changes in the data supplied or transmitted and similar preliminary work done at the request of the buyer shall be charged to the buyer. The same applies to data transfers (for example via ISDN).
Article 3 Payment
1. Payments shall be made exclusively via direct debit or credit card. For late payments, insufficient funds etc., we are entitled to calculate either the concrete damages or interest at the statutory rate at our discretion. In the latter case the buyer retains the right to furnish proof that no or significantly lower interest rates have been incurred.
2. The buyer shall only be entitled to offset counterclaims that are either uncontested by us or have been recognised by declaratory judgement . The buyer is authorised to exercise a lien only to the extent that his counterclaim is based on the same contract.
3. We reserve the right to require appropriate payment in advance for orders exceeding a value set by us at our discretion or for unusual preliminary work. The same shall apply if the total of outstanding bills for orders already made for or sent to the buyer at the time of a renewed order attains or exceeds the above-mentioned amount determined by us. In such cases, the order will be processed only upon receipt of payment.
Article 4 No right of withdrawal
Unlike buyers in other distance contracts covered by Article 312 d Para. 4 No. 1 BGB, the buyer has no right of withdrawal even if he is a consumer according to Section 13 BGB, since the order is made according to the specifications of the buyer and is tailored to his personal needs.
Article 5 Delivery, shipping
1. Unless agreed otherwise with the buyer, the buyer shall receive the ordered products by mail order. We are entitled to make partial deliveries and render partial services insofar as these are not unreasonable for the buyer. In cases of partial services, we shall assume any additional shipping costs thus incurred.
2. Details concerning the estimated time of delivery are non-binding unless in exceptional circumstances we have agreed to a binding delivery date.
3. In the event that delivery to the buyer is not possible because the buyer or another person authorised to take delivery is not found at the delivery address specified by the buyer, the buyer shall bear the cost of the failed delivery.
4. Delayed delivery does not entitle the buyer to claim compensation unless it is due to gross negligence or intent.
5. In the event that pick-up by the buyer has been agreed, the buyer shall take delivery of the goods at our place of business (Robert-Bosch-Straße 14, 59199 Bönen) immediately after completion of the order. We are not obliged to retain the goods for more than three months after an unsuccessful reminder to collect the goods.
Article 6 Retention of title
The delivered goods remain our property until all of our claims against the buyer arising from the order, including future claims from contracts concluded at the same time or later. The buyer is required to inform us immediately and in writing of any access to the goods by third parties and in particular of enforcement measures, as well as of other adverse effects on our property. The buyer shall reimburse us for all damages and costs resulting from a violation of the aforementioned obligation.
Article 7 Complaints, warranty, liability
1. In the event that the buyer is a registered trader, he shall inspect the goods immediately upon delivery within the proper course of business and shall make written notification to us of any defects without delay. Section 377 of the HGB (German Commercial Code) shall apply without restriction. In all other cases of obvious defects a complaint is admissible only within one week. The specified formats can deviate minimally due to production conditions. Aforementioned deviations of up to 3mm shall not justify complaints on the part of the buyer unless an exact format has previously been expressly agreed, for which the buyer bears the burden of proof. Unless the buyer provides specific details concerning the colour, brightness or contrast of reproductions, rendition or duplication, we shall determine these properties at our reasonable discretion.
2. In the event of legitimate complaints, we have the right to replace or repair the goods at our discretion within a reasonable period of time. Should the replacement or repair fail, the buyer may require cancellation of the contract or reduction of the remuneration. In the event that the goods lack a guaranteed property, the buyer may demand compensation. Further liability is excluded.
3. Defects in a part of the delivered goods do not justify refusal of the entire delivery unless the partial delivery is demonstrably without interest for the buyer.
4. Liability is excluded for defects that do not affect or only marginally affect the value or serviceability of the goods.
5. Claims of the buyer going beyond the above paragraphs are excluded, regardless of the legal grounds. We are therefore not liable for damage not caused to the delivered goods themselves, and in particular for lost profit or for other untypical or unforeseeable financial losses of the buyer. There shall be unlimited liability only for intentional damages or damages due to gross negligence or for fraudulent concealment of defects or for the assumption of an explicit guarantee of characteristics or as well as for bodily injury. We shall be liable for other damages caused by simple negligence only to the extent that an obligation has been violated whose observance is of particular importance for the achievement of the contractual purpose (cardinal obligation). Claims of the purchaser under the Product Liability Act shall remain unaffected.
Article 8 Copyright, intellectual property, criminal/illegal content, storage of transmitted data
1. The buyer warrants that he owns the rights to the photos, pictures, prints, texts, files etc. (hereinafter collectively referred to as "data") submitted by him for the purpose of fulfillment of the order that are required in order for the production or order to be performed by us to be legally admissible. This concerns, in particular, but not exclusively, industrial property rights, copyrights, labelling rights, design rights, patents and trademarks, performing rights and/or the right to one's own image, whether the rights are originally the buyer's or he has the consent of the rights holder or is authorized on other grounds to edit or reproduce the data or have the data edited and/or reproduced. The buyer is solely responsible for the content of the data. All rights, in particular copyrights, industrial property rights and/or design rights, arising from our execution of the order remain with us, unless this is otherwise agreed with the buyer in writing.
2. With the conclusion of the contract the buyer warrants that the content of the transmitted data does not violate criminal law or other laws. This concerns in particular photos and texts that are or depict propaganda or flags of organizations violating the Constitution, are contrary to the idea of international understanding, incite hatred against segments of the population or a specific group, depict or describe cruel or otherwise inhuman acts of violence against people, otherwise violate the human dignity, represent children or adolescents in unnatural sexually explicit postures, are pornographic, have violence, sexual abuse of children or young people, or sexual acts by people with animals as their subject, are defamatory or derogatory in nature and/or violate the rights of others to privacy or any other personal rights.
3. In the event that we have the justified suspicion that the buyer has violated the commitments set forth in this Article 9 and it is therefore not reasonable for us to adhere to the contract, we can withdraw from the contract unless the buyer can give proof to us within one week after our request that there is no infringement. The buyer shall indemnify us from all claims of third parties and in particular those of public authorities based on a violation of the above-named obligations on the part of the buyer. The buyer shall compensate us for any damage incurred as a result of such a violation on his part, including administrative, process, court and legal defence costs.
4. The data transmitted by the purchaser in the meaning of Paragraph 1 will be stored four weeks after delivery of the order (proper transfer to a carrier). At the end of that period they shall be deleted, unless further storage/archiving is agreed expressly and in writing between us and the buyer for which the burden of proof lies with the buyer.
Article 9 Protection of personal data
1. We undertake to treat the personal data of the buyer confidentially in accordance with the relevant provisions of the Federal Data Protection Act (BDSG) and the telecommunications laws. The data received from the buyer will be collected, processed and used for the purpose of fulfilment of the contract. We shall also use elements of the data provided by the buyer (title, name, email address) for purposes of direct marketing of our own products, as long as the buyer does not object to such use when communicating the data or later. In cases where we make delivery before payment, we reserve the right to provide the data required for a credit check to InFoScore. Apart from that we shall use the information received exclusively for contractual purposes.
Article 10 Final provisions
1. Amendments or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement. There are no verbal collateral agreements.
2. The law of the Federal Republic of Germany shall apply exclusively. The applicability of the Uniform Law on the International Sale of Movable Goods as well as of the Law on the Conclusion of International Sales Contracts for Movable Goods (CISG) is excluded.
3. In business transactions with merchants and legal persons under public law, Hamm (AG) and Dortmund (LG) are deemed to be agreed as the place of fulfilment and place of jurisdiction for all legal disputes resulting from this contract, including actions relating to bills of exchange and cheques. This place of jurisdiction also applies in the case of a buyer who is not a registered trader and has no general place of jurisdiction in the Federal Republic of Germany, or who has moved his place of residence or habitual abode from this area after conclusion of the contract or whose place of residence or habitual abode is not known at the time when the judicial claim is lodged.
4. The ineffectiveness of individual provisions of the Contract or these General Terms and Conditions shall not affect the effectiveness of the remaining provisions. In that event, the parties agree to replace the ineffective provision with an effective provision that most closely approximates the economic intent of the invalid provision in a legally valid manner.