Validity of our Offers and Terms and Conditions

Our offers are subject to change without notice. All orders are executed according to the following terms and conditions. Deviating conditions of the customer, which we do not expressly acknowledge in writing, are not binding for us, even if we do not expressly contradict them.

Execution Documents

Regarding the existence of copyrights, we rely on declarations from the customer. If rights, in particular copyrights of third parties, are violated as a result of failure to inform us through the execution of the order, the customer is solely liable for this; they must indemnify us against claims by third parties and reimburse any necessary legal costs incurred by us. Originals, templates, and other documents to be procured by the customer must be delivered to us free of charge. Supplied data carriers with data sets for print templates will be destroyed immediately after completion of the order, unless a return is requested by the customer. If the customer does not expressly request a different shipping method, the return will be made by regular mail. In the event of loss, destruction, or damage due to theft, fire, water ingress, etc., we shall only be liable up to the amount of the usual fire, burglary, and tap water damage insurance, provided that neither we nor our vicarious agents or assistants are guilty of intent or gross negligence.

Delivery Dates

Delivery dates require an express agreement to be binding. They must be stated in writing if the entire order is placed in writing. Force majeure, strikes, lockouts, unavoidable inability, in particular unavoidable machine downtime, power and water failure extend the delivery period by the duration of the hindrance. Unless it is a fixed-date transaction or it is unreasonable, the customer must grant a reasonable grace period if the stated delivery period is exceeded. Unless excluded by the nature of the order or unreasonable for the customer, we are entitled to make partial deliveries. Claims for damages due to delay in delivery are, unless we or our vicarious agents are guilty of intent or gross negligence, limited to the damage that we could have foreseen at the time the contract was concluded, taking into account the circumstances that we knew or should have known, unless the customer explicitly pointed out a higher risk of damage when placing the order.

Prices and Terms of Payment

Subsequent changes at the customer's request, including any resulting machine downtime, will be charged separately. If no specific price is agreed upon, the list prices valid on the day the order is placed will be charged. Invoices are payable immediately and without deduction. In the event of default in payment, we are entitled, at our discretion, to charge the specific damage caused by default or interest at a rate of 2% above the respective Bundesbank discount rate; in the latter case, the customer remains free to prove that no or significantly lower interest has been incurred. We expressly reserve the right to refuse bills of exchange. Acceptance of a bill of exchange is only on account of payment. Discount and bill charges shall be borne by the customer and are due immediately. Bills of exchange are accepted without guarantee for proper presentation and protest. In the case of acceptance of bills of exchange and checks, payment is only deemed made upon encashment. The customer may only offset against our claims with legally established, recognized by us, or undisputed counterclaims. We reserve the right to request a reasonable advance payment when placing the order.

Shipping and Packaging

Shipping is at the risk of the customer. This also applies if the shipment takes place within the same location or by our own employees or vehicles. All shipping costs shall be borne by the customer. Packaging, protective, and transport aids will not be taken back unless otherwise expressly agreed. We are entitled, but not obliged, to insure deliveries in the name and for the account of the customer.

Complaints

If the customer is a fully qualified merchant (Vollkaufmann), they must inspect the goods immediately upon delivery within the ordinary course of business and, if necessary, notify us immediately in writing; § 377 HGB (German Commercial Code) applies without restriction. In all other cases, a complaint regarding obvious defects is only permissible within one week. In the event of complaints, all documents relating to the order must be made available to us; otherwise, immediate examination and processing of the notice of defects cannot be guaranteed. The specified formats are working formats and will become smaller due to trimming. If the customer requires an exact format, this must be expressly agreed upon when the order is placed; otherwise, a complaint is not permissible. If the customer does not provide specific details regarding color, brightness, or contrast for reproductions, rendering, or duplication, we shall determine these properties at our reasonable discretion. Production-related over- or under-deliveries of up to 5% cannot be grounds for a complaint. The delivered quantity, including the produced samples, will be invoiced.

Warranty

In the case of justified complaints, we have the right, at our discretion, to produce a new item or to rework it within a reasonable period of time. If reproduction or reworking fails, the customer can demand the cancellation of the contract or a reduction in remuneration. If the goods lack a guaranteed characteristic or if the customer suffers damage as a result of a defect caused intentionally or by gross negligence on our part or by our vicarious agents or assistants, the customer may claim damages for this. Further liability is excluded unless we receive appropriate compensation from our suppliers.

Liability

For damages incurred by the customer from a tortious act, furthermore for damages arising from fault during the conclusion of the contract as well as for damages from the violation of secondary contractual obligations, we shall only be liable if we, our vicarious agents, or assistants are guilty of intent or gross negligence; otherwise, we are only liable insofar as the damage is covered by our business liability insurance.

Retention of Title

The seller retains title to the goods until all claims of the seller against the buyer arising from the business relationship, including future claims, also from simultaneously or subsequently concluded contracts, have been settled. This also applies if individual or all claims of the seller have been included in a current account and the balance has been drawn and acknowledged.

1. The buyer is only entitled to resell the reserved goods in the ordinary course of business if they hereby assign to the seller all claims arising from the resale against customers or third parties. If reserved goods are resold unprocessed or after processing or combination with items that are exclusively the property of the seller, the buyer hereby assigns the claims arising from the resale in full to the seller. If reserved goods are sold by the buyer – after processing/combination – together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the remainder. The seller accepts the assignment. The buyer is authorized to collect these claims even after assignment. The seller's authority to collect the claims themselves remains unaffected; however, the seller undertakes not to collect the claims as long as the buyer properly meets their payment and other obligations. The seller may demand that the buyer informs them of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents, and informs the debtors of the assignment.
2. If a bill of exchange liability of the seller is established in connection with the payment of the purchase price by the buyer, the retention of title and the underlying claim from the delivery of goods shall not expire before the bill of exchange is honored by the buyer as the drawee.
3. If the value of the existing securities exceeds the claims to be secured by more than 120%, the seller is obliged to release them to this extent at the buyer's request.

Place of Performance and Jurisdiction

The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg. The same applies if the customer does not have a general place of jurisdiction in Germany. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid one.