I. Purpose of the company
The purpose of the company is the marketing of products that are largely manufactured in-house on the Internet. The fulfillment of given and accepted orders is carried out by the company in its own name and for its own account on behalf of the respective customer (hereinafter referred to as “client”).
II. Obligations of the client
1. If orders cannot be carried out or can be carried out incorrectly for reasons that are in the risk area of the client, the agreed production of objects will still be invoiced to the client. If the company is not to blame for the incorrect execution or non-execution, the client has no claims against the company.
2. The client is not entitled to assign or transfer rights or obligations from the contract to third parties without express prior consent. The company can assign or transfer rights and obligations from the contract to a third party at any time. The client expressly gives his consent. As long as the client has not been informed of the transfer, he is entitled to pay the company with discharging effect.
III. Right of withdrawal
1. The company reserves the right to refuse the production of objects, even after the contract has been concluded, for reasons that make it unreasonable for the company to carry out the contract. This is particularly the case if the production violates copyright, competition, press, criminal or other legal provisions.
2. The client has the right to be informed of the reasons for the rejection. If the company is not to blame for the unreasonable performance of the contract, costs that have already arisen at the company must be deducted from this reimbursement claim. Any further claims of the customer are excluded. If the client has not yet made any payments in such a case, the company can demand compensation for costs already incurred.
1. The customer is obliged to check the goods immediately upon receipt and to report any errors in writing within one week of receipt at the latest. If the complaint is not made in good time, the customer’s warranty claims are void.
2. In the case of defective goods, the company is entitled, at its discretion, to either provide an equal replacement to the extent that the purpose of the goods has been impaired, or to carry out a repair. Only if such a replacement product or repair is impossible, has failed at least twice, has been unreasonably delayed or has been refused to the company despite a reasonable deadline by the client, the client has the right to either cancel the contract (conversion) or to reduce the remuneration (reduction) .
3. There is no defect in the goods in the aforementioned sense if the goods complained about are caused by force majeure, strikes or other reasons for which the company is not responsible.
4. If errors occur in the execution of an order, the client is not entitled to refuse payment for another order. Offsetting is only permitted if the client’s claim for offsetting is undisputed or has been legally established.
1. The cancellation of orders by the customer is basically possible and must be in writing. There are no cancellation fees for cancellations up to 4 weeks prior to the agreed delivery.
1. The company’s price lists valid at the time the contract is concluded apply to the contracts, unless otherwise agreed in an individual contract.
2. Price changes for the execution of orders for agreed and confirmed work become effective if they are announced by the company one month before the setting with the new price. In this case, the client has the right to withdraw, which must be exercised by declaration within five working days of receipt of the notification.
1. The following conditions apply exclusively to all initial, current and future business to be concluded / concluded with the company. The company does not recognize any conditions of the client that differ from these general terms and conditions. These do not become part of the contract even if the company does not expressly contradict them.
2. By placing the order, the customer accepts the exclusive validity of these terms and conditions.
VIII. Conclusion of the contract
1. A contract between the company and the client is concluded either through a written order confirmation by letter, fax or email from the company or through the fulfillment of the order by the company. The company has the right to reject orders that have not yet been confirmed without giving reasons.
2. Orders placed orally by the client and changes to orders that have already been confirmed are only effective if they are confirmed in writing by the company.
3. The company’s price lists valid at the time the contract is concluded apply to the contracts.
IX. Disclaimer of liability
1. The company is not liable for the topicality, the correctness of the content or the completeness of the information provided on its website.
2. The company has no influence on the design and content of third-party websites. It therefore distances itself from all third-party content, even if the company has set a link to these external sites. This applies to all links displayed on the homepage and to all contents of the pages to which the banners and links lead, as well as for external entries in guest books, discussion forums and mailing lists set up by the company.
1. The company is only liable for damages, for whatever legal reason, in the event of willful intent, gross negligence and the lack of a guaranteed property. This also applies to vicarious agents and legal representatives of the company.
2. In all other cases, the company is only liable if essential contractual obligations (cardinal obligations) are violated. The compensation is limited to the typically foreseeable damage. Compensation for atypical or unforeseeable damage does not take place.
The homepage layout, the graphics and images used, as well as all objects produced are protected by copyright. Duplication or use is not permitted without the express permission of the author / manufacturer. The company reserves all rights.
XII. Fulfillment and jurisdiction
1. The place of performance and place of jurisdiction is, as far as legally permissible, the company’s registered office. However, the company is entitled to assert claims against the client at any other court responsible for that court.
2. German law applies to the conclusion of contracts.
1. Changes or additions to the contract must be made in writing to be legally effective. Oral side agreements were not made.
2. Should individual parts of the above general terms and conditions be or become ineffective, the remaining provisions of these general terms and conditions remain fully effective.
1. Invoices are to be paid to an account specified by the company immediately upon receipt without any deduction. Deduction of discount requires separate written agreements.
2. If the fulfillment of the payment claim is endangered due to a deterioration in the client’s financial circumstances that has occurred or has become known after the conclusion of the contract, the company can postpone the further execution of an order until payment has been made or for further orders without prejudice to previous agreements to the contrary, an advance payment or other securities desire.
3. If the client falls into arrears with his payment obligation in whole or in part, he has to pay interest on arrears at an annual rate of 5% above the base rate of the ECB, unless the company can prove higher damage.
4. The company is entitled to demand prepayment and to only provide service after receipt of the invoice amount.