Terms of sale and delivery
General
(1) The following conditions apply to each order. Other conditions are only binding on us, the supplier, if they have been accepted in writing. The terms and conditions of the client do not apply even if the supplier has not expressly objected to them.
(2) By placing the order, the client acknowledges the terms and conditions of sale and delivery of the supplier as binding.
(3) The conditions of sale and delivery listed below shall invalidate the previous terms and conditions.
Delivery conditions
(1) In the case of custom-made products and articles with company imprints, the supplier reserves the right to make an additional or lower delivery and corresponding consideration of up to 10% in the calculation.
(2) Data processing, sketches, drafts, test prints, samples, proofs, costs of film creation and communication effort will be charged, even if the order has not been placed.
(3) The delivery may take place in the interest of an accelerated settlement in partial quantities. The agreed delivery time will be adhered to as far as possible, but claims for damages due to delayed deliveries are excluded, insofar as these are not at fault of the supplier (e.g. due to strike, war, lockout, official orders, material failure, operational disruptions, etc., even if these occur at the supplier or his sub-supplier). Unforeseen obstacles not caused by the supplier release the supplier from the obligation to supply. The supplier is not liable for any resulting indirect or indirect damage. In this case, the supplier undertakes to inform the client immediately of the unavailability of the service and to reimburse any consideration already provided without delay.
(4) The use of the products is at the customer's own risk, and the supplier is subject to an exclusion of liability for any consequential damage arising therefrom.
(5) Deliveries are valid ex works, unless otherwise agreed. The shipment is at the expense of the client. From the time of handover of the goods to the freight forwarder, the railway, the parcel service or another person in charge of the carriage, the shipment shall be at the risk of the customer. If the client does not issue any special instructions, the supplier assumes no liability for the fastest or cheapest shipping. Transport insurance is taken out by the supplier only on express instructions and at the expense of the client.
(6) The delivered goods remain the property of the supplier until full payment.
(7) A change in the acceptance and payment obligation does not occur even if the goods had to be stopped or stored due to traffic disruption of any kind.
(8) If the client remains in arrears with a payment without being entitled to refuse performance, the supplier is entitled to refrain from further delivery and to claim damages for non-performance.
(9) Complaints must be communicated to the supplier in writing no later than 8 days after receipt of the shipment. Subsequent complaints cannot be accepted. Goods that are rightly objected to must be returned to the supplier. Replacement can only be requested to the extent that supplies are still available. In the event of failure of subsequent performance, the client reserves the right to reduce or, at his option, to withdraw from the contract. Further claims, in particular claims for damages, are excluded.
(10) The delivery dates confirmed by the supplier are departure dates. If no delivery date has been agreed, but a delivery time calculated after certain periods of time, this begins on the day of dispatch of the order confirmation, but not before receipt of an agreed deposit or necessary information by the customer and ends on the day on which the goods leave the factory or are stored due to the possibility of shipment. The delivery time is interrupted in each case if samples or correction prints are sent to the client for verification. The interruption begins on the day of departure of the sample or proofreading and ends on the day on which the supplier becomes aware of the result of the inspection by the client. If, after order confirmation, the client communicates changes to the originally agreed scope of services, if the production time changes, a new delivery date will be determined or, if the delivery time is agreed, the delivery time will begin again with the confirmation of the changes to be made by the supplier. In the event of significant changes in the scope of services, the supplier reserves the right to charge the additional effort.
(11) Unless otherwise agreed, packaging will be charged with the actual costs incurred.
(12) Data changes in the public holiday regulation, the postal charges, postal codes, local network codes, motor vehicle license plates and in other areas after printing/editorial deadlines as a result of statutory regulations or deviating regulations in individual federal states cannot be excluded. These changes will only be taken into account if it is possible for production reasons.
(13) For technical, material- or weather-related reasons, small deviations with regard to format (length, width), color, weight, etc. are unavoidable and must therefore be reserved (also, for example, due to oblique distortion, shrinkage or fiber composition).
(14) The supplier is liable for light fastness, variability and deviations of the colors as well as the quality of lamination, varnishing, impregnation, etc. only to the extent that defects in materials were recognizable before their use during proper inspection. These deviations can occur even when the same material is used in the case of a print consisting of several individual parts, as well as in the case of a comparison between contact and overlay prints.
Payment terms
(1) The invoice is issued on the day of departure of the goods or partial delivery. If there is no shipping order from the customer at the time of completion or after the acceptance obligation has occurred or if the goods are stored at the supplier, the invoice will be issued under the date of completion of the goods.
(2) When invoicing, the VAT rate applicable at the time of delivery will be charged in any case.
(3) Unless otherwise agreed, the invoice amounts are due within 10 days from the invoice date purely net, without deduction. The client has the right to set-off only if his counterclaims are legally established or acknowledged or not disputed by the supplier. A right of retention can only be exercised if the counterclaim is based on the same contractual relationship.
(4) For invoice amounts up to € 100.00, delivery is made against cash on delivery. In the case of new business relationships or in special cases (e.g. in the event of a lack of creditworthiness), advance payment may be required.
(5) In the case of larger orders, advance payments or partial payments are to be made after project progress according to agreement.
(6) In the event of a target exceeding, default interest of 5% above the base interest rate according to § 247 BGB will be charged. The client shall, without the need for a reminder, at the latest at the end of the 30th day after invoice date in default.
(7) If the client is in default of payment, the supplier shall have the right to demand immediate payment of all outstanding invoices, including those not yet due. He assigns to the supplier all claims (against end customers/insurance or third parties) in the amount of the corresponding invoice amounts upon the occurrence of this default. The supplier accepts the assignment and is authorized by the client to collect the claim in the event of default. The client is obliged to make available to the supplier the necessary evidence, documents and information. In addition, the supplier has the right to continue working on the current orders of the client.
Right of withdrawal and consequences of revocation
(1) If the customer is a consumer, he is entitled to the following right of withdrawal. However, the right of withdrawal does not apply to the delivery of goods that are manufactured according to the customer's specifications or are clearly tailored to the customer's personal circumstances. In addition, a right of withdrawal does not exist for distance contracts for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer. The right of withdrawal also expires in the case of a service if the contract is fully fulfilled by both parties at the express request of the consumer before the consumer has exercised his right of withdrawal.
Cancellation policy
(1) You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to you before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
(2) To comply with the revocation period, the timely dispatch of the revocation or the item is sufficient. The revocation is to be addressed to: [Constant Pro OHG, Stolzhofstraße 10, 81825 Munich, contact[AT]constant-express.com, Fax: 089 82952978, www.constant-pro.com]
(3) In the event of an effective revocation, the benefits received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or hand over the received service and uses (e.g. benefits of use) or not partially or only in a deteriorated condition or give us over, you must pay us compensation for the value. You only have to pay compensation for the deterioration of the item and for the benefits derived, insofar as the use or deterioration is due to the handling of the item that goes beyond the examination of the properties and functioning. "Testing of the properties and functioning" means the testing and trying out of the respective goods, as is possible and customary in the store. Items that can be shipped by parcels are to be returned at our risk. In the case of a return from a delivery of goods, the customer must bear the costs of the return. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of revocation or the item, for us with its receipt.
End of the cancellation policy!
Copyright and custody obligations
(1) The client is solely responsible for examining the right to reproduce all printed materials, insofar as the printed materials were made available by him. The client undertakes to indemnify the supplier from all claims of third parties, insofar as these claims of a copyright nature assert against the supplier on the basis of print templates provided by the client. The copyright and the right to reproduce in any process and for any purpose of own sketches, designs, proofs, samples, proofs, originals, films and the like remains with the supplier. The supplier must expressly and in writing agree to another regulation.
(2) Templates, films, raw materials, printing plates, montages, copy films, color extracts and other items for reuse remain the property of the supplier. Custody takes place only by prior agreement and against special remuneration beyond the delivery date. The supplier is only liable for intent and gross negligence.
(3) The items described above will be treated with care until the delivery date, insofar as they are made available by the client. The supplier is liable for damage only in the event of intent and gross negligence.
(4) Should the above-mentioned items be insured, the client must procure the insurance himself.
Other provisions
(1) Oral agreements require written confirmation to be binding.
(2) In the case of orders placed by the sales representatives or account managers of the supplier, the supplier reserves the right to accept or reject these orders only in a modified form.
(3) Orders from the client, as well as subsequent changes to them, should be made in writing if possible. For orders/changes placed orally, the supplier assumes no liability for the correctness of the execution.
(4) The place of performance and place of jurisdiction for all claims and legal disputes arising from the contractual relationship, including document and bill of exchange processes, is the company headquarters of the supplier.
(5) Should one or more provisions of these terms and conditions of sale and delivery be wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provisions shall be replaced retroactively by a regulation that is as similar as possible in terms of content, which comes closest to the purpose of the intended regulation.