Terms and Conditions with customer information
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Force Majeure
6. Delay in performance at the request of the customer
7. Retention of Title
8. Liability for Defects / Warranty
10. Statute of Limitations
11. Retention, Assignment
12. Special conditions for the processing of goods according to specific specifications of the customer
13. Governing Law, Jurisdiction
1.1 These General Terms and Conditions (hereinafter "GTC") of CM PRINTING GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods, which an entrepreneur (hereinafter "customer") with the seller regarding the dated Seller concludes the goods presented in his online shop. Herewith the Inclusion of the customer's own conditions is objected to, unless it is agreed otherwise.
1.2 These terms and conditions also apply exclusively if the seller is aware conflicting conditions or conditions deviating from these conditions customers to deliver to them without any special reservation.
1.3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction in exercising their commercial or self-employed professional activity.
1.4 Entrepreneurs within the meaning of these General Terms and Conditions are also authorities or other institutions of public law if these are exclusively under private law at the time the contract is concluded act.
2) Conclusion of contract
2.1 The product descriptions presented in the seller's online shop do not represent binding offers on the part of the seller, but are intended for submission a binding offer by the customer.
2.2 The customer can use the offer integrated in the seller's online shop Submit online order form. In doing so, the customer returns after he has selected Goods and/or services placed in the virtual shopping cart and the electronic has gone through the ordering process by clicking the button that completes the ordering process Buttons a legally binding contract offer in relation to the items in the shopping cart contained goods and/or services. Furthermore, the customer can also use the offer by telephone, fax, e-mail or post to the seller.
2.3 The seller can accept the customer's offer within five days, - by sending the customer a written order confirmation or a Confirmation of order in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, insofar as the receipt of the goods is decisive for the customer, or - by asking the customer to pay after placing his order, or - if payment by direct debit is offered and the customer opts for this Payment method decides by taking the total price from the customer's bank account collects, whereby the point in time at which the customer's account is closed is decisive is charged. If there are several of the above alternatives, the contract comes in the Point in time at which one of the above alternatives occurs first. The deadline acceptance of the offer begins on the day after the offer is sent to run the customer and ends at the end of the fifth day, which is on the Submission of the offer follows. The seller accepts the customer's offer inside does not respond within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. transmitted. Any further access to the text of the contract by the seller does not occur. If the customer before sending his order has set up a user account in the seller's online shop, the order data archived on the seller's website and can be accessed by the customer via his password-protected user account specifying the corresponding login data be accessed free of charge.
2.6 Before the binding submission of the order via the online order form of the Seller, the customer can possible input errors by carefully reading the recognize information presented on the screen. An effective technical tool for better recognition of input errors, the enlargement function of the Browsers, with the help of which the display on the screen is enlarged. His The customer can make entries as part of the electronic ordering process for as long as correct the usual keyboard and mouse functions until he completes the ordering process clicks the final button.
2.7 Only German and English are available for the conclusion of the contract Disposal.
2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer has to ensure that the The e-mail address given for order processing is correct, so that under this Address where emails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all by the seller or by a third party commissioned to process the order sent mails can be delivered.
2.9 If the parties have agreed on special conditions, these generally do not apply for current and future contractual relationships with the customer.
2.10 In the event of economic inability of the customer, his obligations towards the To fulfill the seller, the seller can existing exchange contracts with the Terminate customers without notice by withdrawing. This also applies to an application for insolvency Customers. § 321 BGB and § 112 InsO remain unaffected. The customer becomes the seller early in writing about an imminent inability to pay.
3) Prices and terms of payment
3.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices plus the statutory sales tax apply. Packaging and shipping costs, loading, Insurance (particularly transport insurance), customs duties and levies calculated separately if necessary.
3.2 In the case of deliveries to countries outside the European Union, additional costs are incurred for which the seller is not responsible and which are borne by the customer are wearing. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can be related to the money transfer also apply if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside of the European Union.
3.3 Various payment options are available to the customer online shop of the seller.
3.4 If advance payment by bank transfer has been agreed, payment is due immediately conclusion of the contract, unless the parties agree on a later due date to have.
3.5 If you choose the payment method delivery on account, the purchase price is due, after the goods have been delivered and invoiced.
3.6 If you select the payment method purchase on account, the purchase price is due after the Goods have been delivered and invoiced. In this case, the purchase price within within 7 (seven) days of receipt of the invoice without deduction, unless nothing otherwise agreed. The seller reserves the right to use the payment method purchase on account only offer up to a certain order volume and this payment method exceeding the specified order volume. In this case, the Seller informs the customer in his payment information in the online shop corresponding payment restrictions.
3.7 A payment is deemed to have been received as soon as the equivalent value is in one of the accounts of the seller has been credited. In the event of default of payment, the seller Right to interest on arrears at a rate of 10 percentage points above the applicable rate base rate. The seller's other statutory rights in the event of a Default of payment by the customer remain unaffected. If receivables are overdue are, incoming payments are first on any costs and interest, then credited to the oldest claim.
3.8 Should unforeseeable cost increases occur (e.g. Currency fluctuations, unexpected price increases from suppliers, etc.) is the Seller entitled to pass on the price increase to the customer. However, this is true only if the delivery is later than four months after the contract is to be concluded.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place on the dispatch route to that specified by the customer specified delivery address, unless otherwise agreed. When processing the Transaction is the delivery address specified in the seller's order processing essential.
4.2 The seller is entitled to make partial deliveries if this is reasonable for the customer is. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.
4.3 The seller reserves the right in case of incorrect or not orderly self-delivery to withdraw from the contract. This only applies to the In the event that the seller is not responsible for the non-delivery and the latter due diligence, a specific hedging transaction has been concluded with the supplier Has. The seller will make all reasonable efforts to deliver the goods procure. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration immediately reimbursed.
4.4 The risk of accidental loss and accidental deterioration of the goods sold are transferred to the customer as soon as the seller returns the goods to him Forwarding agent, the carrier or other person responsible for carrying out the shipment person or institution extradited. This also applies if the seller pays the costs of transport bears. Transport insurance is only available on special request and at the expense of the customer.
4.5 In the event that the shipment of the goods to the customer for reasons related to this is responsible for, the transfer of risk already takes place with the notification of the readiness for dispatch to the customer. Any storage costs incurred after to be borne by the customer.
4.6 In the event of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this E-mail, the customer can pick up the goods after consultation with the seller. In this In this case, no shipping costs will be charged.
5) Force Majeure
In the event of force majeure events affecting the performance of the contract, the seller is entitled to delay the delivery for the duration of the hindrance to postpone and in the case of long-term delays in whole or in part withdraw without any claims being made against the seller as a result can be derived. Any force majeure applies to the seller unforeseeable events or those which - even if they were foreseeable - are beyond the Seller's control and their impact on the Fulfillment of the contract is not prevented by reasonable efforts on the part of the seller can become. Any legal claims of the customer remain unaffected.
6) Delay in performance at the request of the customer
Will shipping or delivery of the goods at the request of the customer by more than one month after notification of readiness for dispatch, can be given to the customer for each further started month storage fee in the amount of 0.5% of the purchase price, at most however, a total of 5% of the purchase price will be charged. Evidence of a higher or lower damage remains the contracting parties at liberty.
7) Retention of title
7.1 The seller reserves the right to full payment of the owed purchase price, ownership of the delivered goods. Furthermore, the Seller retains ownership of the delivered goods until all of his claims have been settled from the business relationship with the customer.
7.2 In the case of processing of the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. Is the processing done together? with other materials, the seller acquires ownership in proportion to the Invoice values of his goods to those of the other materials. Is in case of Connection or mixing of the seller's goods with a customer's item considering this as the main thing, the co-ownership of the thing goes in the relationship of the invoice value of the seller's goods at the invoice or, in the absence of one such at the market value of the main item - to the seller. The customer applies in in these cases as custodian.
7.3 Items subject to retention of title or rights may not be pledge nor assign as security. The customer only has one as a reseller Resale in the ordinary course of business permitted under the condition that the seller receives from the customer his claims against his customers in have been effectively assigned in connection with the resale and Customer transfers ownership to his customer subject to payment. Of the By concluding the contract, the customer assigns his claims in connection with such sales against his customers as security to the seller, who accepts this assignment at the same time.
7.4 The customer has access to the owned or co-owned by the seller standing goods or the assigned claims immediately. He has to Amounts assigned to the seller and collected by him immediately to the seller be paid to the extent that its claim is due.
7.5 To the extent that the value of the seller's security interest exceeds the amount of the secured Exceeds claims by more than 10%, the seller will at the request of the customer release a corresponding portion of the security interests.
8) Liability for Defects / Warranty If the purchased item is defective, the statutory liability for defects applies. Deviating from this, the following applies:
8.1 Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive Stress, unsuitable equipment or due to special external Influences arise that are not required under the contract. Become from improper modifications or repair work by customers or third parties made, there are also consequences for this and the resulting consequences no claims for defects unless the customer can prove that the fault complained of was not caused by these changes or repair work are.
8.2 In the case of new goods, the limitation period for claims for defects is one year delivery of the goods. In the case of used goods, the rights and claims are due defects excluded.
8.3 The limitations of liability set out above and Shortening of the limitation period does not apply - for items that are used for a building in accordance with their normal use have been used and have caused its defectiveness, - for claims for damages and reimbursement of expenses by the customer, - in the event that the seller has fraudulently concealed the defect, as well as - for the right of recourse according to § 445a BGB.
8.4 In the event of supplementary performance, the seller has the right to choose between rectification or replacement.
8.5 If a replacement delivery is made as part of the liability for defects, the limitation period begins not again.
8.6 If the supplementary performance has been made by way of a replacement delivery, the customer is obliged return the first delivered goods to the seller within 30 days. The return package must state the reason for the return, the customer's name and the for number assigned to the purchase of the defective goods, which gives the seller the Allocation of the returned goods possible. As long and as far as the assignment the return is not possible for reasons for which the customer is responsible Seller to accept returned goods and refund the purchase price not obligated. The customer bears the costs of a renewed dispatch.
8.7 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller claims compensation for use from the customer in accordance with Section 346 (1) of the German Civil Code do. Other legal claims remain unaffected.
8.8 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial Obligation to examine and give notice of defects according to § 377 HGB. Does the customer fail to do that there regulated notification obligations, the goods are deemed to have been approved.
9) Liability The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses such as follows:
9.1 The seller is fully liable for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, limb or Health, - on the basis of a guarantee promise, unless otherwise agreed in this regard, - due to mandatory liability such as under the Product Liability Act.
9.2 If the seller negligently violates an essential contractual obligation, liability shall the contract-typical, foreseeable damage is limited, unless in accordance with liability is unlimited. Essential contractual obligations are Obligations that the contract has for the seller according to its content in order to achieve the Subject to the purpose of the contract, the fulfillment of which requires the proper execution of the The contract is made possible in the first place and the customer regularly checks for compliance may trust.
9.3 Apart from that, liability on the part of the seller is excluded.
9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
10) Statute of limitations The customer's claims against the seller become time-barred - with the exception of the claims regulated under "Liability for Defects / Warranty" - in one year Knowledge of the facts justifying the claim, but no later than in five years after the service has been rendered, unless unlimited in accordance with the above clause is liable.
11) retention, assignment
11.1 The customer's rights of retention and refusal to perform are excluded unless the seller disputes the underlying Counterclaims are not or these have been legally established.
11.2 An assignment of claims under the contract concluded with the customer by the customer, in particular an assignment of any claims for defects by the customers is excluded.
12) Special conditions for the processing of goods according to certain Customer specifications
12.1 The customer exempts the seller from third-party claims that these connection with a violation of their rights through the contractual use of the customer's content by the seller can be asserted against the latter. The customer also assumes the reasonable costs of the necessary Legal defense including all court and attorney fees in statutory Height. This does not apply if the customer is not responsible for the infringement. Of the Customer is obliged to notify the seller in the event of claims by third parties promptly, truthfully and completely provide all information necessary for the examination of the claims and a defense.
12.2 The seller reserves the right to refuse processing orders if the Content provided to customers for this purpose violates legal or official prohibitions or offend against good manners. This applies in particular to transfers anti-constitutional, racist, xenophobic, discriminatory, content that is offensive, harmful to young people and/or glorifies violence.
13) Governing Law, Place of Jurisdiction
13.1 The law of the Federal Republic applies to all legal relationships between the parties Germany to the exclusion of the laws governing the international purchase of moveable goods Was.
13.2 If the customer acts as a merchant, a legal entity under public law or special fund under public law with its registered office in the sovereign territory of the Federal Republic Germany is the exclusive place of jurisdiction for all disputes arising from this contract the place of business of the seller. If the customer is based outside of sovereign territory of the Federal Republic of Germany, this is the place of business of the seller exclusive place of jurisdiction for all disputes arising from this contract. The seller is in any case entitled in the above cases to sue the court at the registered office of to call customers.