Terms and Conditions with customer information
contents
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
9. Liability
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) Scope
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.
2.4 If you select a payment method offered by PayPal,
Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), at
Validity of the PayPal terms of use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account - subject to the terms and conditions for payments
without a PayPal account, can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer pays by means of
a payment method offered by PayPal that can be selected in the online ordering process,
the seller already declares acceptance of the customer's offer in the
Time at which the customer clicks on the button that completes the ordering process.
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.