GENERAL STANDARD TERMS AND CONDITIONS
- Scope: The following terms and conditions mainly tailored to private end users (ultimate consumers) apply to the purchase of products and the use of relating services provided by the Supplier. By using Supplier's software tools and ordering a product from the Supplier the Customer acknowledges these terms and conditions.
- Purchase order and contract: The Customer orders products by transmitting relevant print data to the Supplier via Internet, on an electronic storage medium or by other means. The purchase contract between the Customer and the Supplier is deemed concluded upon Supplier's confirmation of order.
- Prices: Product prices are based on the price list of the Supplier as valid on the date of the purchase order and published on the Internet.
- Payment: The purchase price plus shipping costs are payable in full without deductions by credit card, remittance to the bank account specified by the Supplier or direct debiting in advance. The Supplier retains title to all supplies not fully paid up.
- Delivery period: The delivery period commences as soon as the relevant payment or confirmation of effecting payment by the credit card company has been received. The delivery period specified by the Supplier is deemed a non-binding reference date. Any moderate delay of delivery beyond this date does not entitle the Customer to rescind the contract or claim damages.
- Shipment: Products are shipped to the address of the Customer, properly packed, by a transport contractor nominated and carefully selected by the Supplier. The Supplier does not assume any liability for the services of such transport contractor. The risk passes to the Customer on transfer of the goods to the transport contractor. If the Customer wishes the goods to be sent to a third-party's address, he is required to obtain the prior consent of such third party.
- Warranty: The Supplier warrants that the goods have been properly manufactured in compliance with the print data furnished by the Customer. This warranty excludes the condition of the goods, the Supplier not assuming any liability for formal defects, defects in terms of content and quality or any other defects. Deviations not affecting the use of the products, in particular minor deviations in colour, are not included in Supplier's warranty.
- Period of giving notice for lack of conformity: The Supplier must be notified via email or otherwise in writing of any complaints for obvious defects within two weeks upon receipt of the products.
- Supplier's copyrights: The Supplier and/or his licensors retain all rights to the content and creative elements furnished by the Supplier in connection with the supplied products as well as with the software tools. The Customer is permitted to use them as set out in the contract, however he does not acquire any right to them and is not granted the permission to copy or distribute them.
- Preservation of third-party rights: The Customer ensures that his concept, print data furnished by him and products manufactured for him do not infringe any third-party rights, in particular third-party copyrights. In case of such infringement of rights the Customer indemnifies and holds the Supplier harmless from any claim or demand made by any such third party.
- Violation of applicable law: The Supplier is entitled, however not obliged, to check contents furnished by the customer for their lawfulness and to remove such contents without prior notice if, in Supplier's discretion, contents are in violation of applicable law.
- Data security: The Supplier uses his best efforts to protect print data and other data furnished by the Customer from falsification and loss; however he does not assume any liability to this end. The Customer is responsible to secure his raw data and ensure that new print data may be generated from such raw data, as may become necessary.
- Data protection: The Supplier will delete the print data after a reasonable period. However, he is entitled to keep Customer's data furnished to him in this or any other context for an unlimited period to use them for statistical purposes or for contacting the Customer. Disclosure of such data to any third party is excluded, unless it is disclosed to business partners of the Supplier entrusted with specific activities on Supplier's behalf in connection with Customer's order. In such case, the Supplier binds his business partners to use such Customer data only for the intended purpose, keep them confidential and finally delete them.
- Right of revocation and return: The products are manufactured by the Supplier according to Customer's specification and are definitely tailored to Customer's specific needs. Therefore, the Customer has no right of revocation or return with regard to ordered and delivered products.
- Applicable law: The contractual relationship between the Customer and the Supplier is governed by the laws of the Federal Republic of Germany. UN law is expressly excluded.
15 January 2006