Our General Terms and Conditions

General Terms and Conditions (GTC) are an integral part of countless sales contracts and contracts for work and services and uniformly regulate the terms and conditions of the contract. Often feared by consumers as "small print", the GTC contain all the important provisions that would otherwise have to be drawn up individually for each sales contract. Since general terms and conditions are pre-formulated and very abstract, their design is subject to strict statutory regulations. The authorization to use General Terms and Conditions in contracts with end consumers is derived from Section 305 of the German Civil Code (BGB). If you suspect an error in our GTCs, please let us know.

1. validity

Our offer is revocable until its acceptance. All orders shall be executed subject to the following terms and conditions. Deviating terms and conditions of the customer, which we do not expressly accept in writing, are not binding for us, even if we do not expressly object to them.

The invalidity of individual provisions of the underlying contract, including the General Terms and Conditions, shall not affect the validity of the remaining provisions.

Declarations of any kind concerning the contractual relationship between the Seller and the Buyer must be made in writing to be effective, unless otherwise agreed in writing.

The validity of oral agreements requires immediate written confirmation in any case. In the absence of such confirmation, the oral agreement shall be deemed not to have been made.

2. subject of performance

The formats specified by the customer are working formats and become smaller due to trimming. If the customer requires exact format, this must be expressly agreed when placing the order, otherwise a complaint is not admissible. Samples are average samples.

If the customer does not provide specific information on color, brightness or contrast in the case of reproduction, rendition or duplication, we shall determine these properties at our reasonable discretion.

Production-related excess or short quantities up to 10% are considered contractually agreed and cannot be objected to.

3. execution documents

With regard to the existence of copyrights, we are dependent on declarations by the customer. If the rights of third parties, in particular copyrights, are infringed by the execution of the order as a result of failure to provide information, the customer shall be solely liable for this; it shall indemnify us against claims by third parties and reimburse us for any necessary legal costs and damages incurred by us. Originals, negatives, templates and other documents to be procured by the customer are to be delivered to us free of charge. The return shipment shall be made by ordinary mail or delivery services and at the risk and expense of the customer, unless the customer expressly requests a different type of shipment. No liability shall be assumed for artwork, prints, originals, works of art or order aids, such as plate materials, supplied by the customer or third parties, which have been brought to our company for the purpose of viewing, calculation, further processing and/or reproduction. Intent or gross negligence are excluded from this. In the case of materials of any kind delivered by the customer with damage and/or signs of use, it must be assumed that any alleged additional damage or deterioration in condition brought to our attention after the time of delivery existed prior to delivery to us. Delivered quantities are to be confirmed in writing by both parties at the time of delivery, otherwise there is no claim to completeness.

4. delivery dates

The agreement of binding delivery dates must be in writing if the order was placed by the customer in writing. So-called planned dates are not binding delivery dates. Force majeure, strikes, lockouts and incapacity through no fault of our own, such as in particular machine downtime through no fault of our own due to power and water failure, shall extend the delivery period by the duration of the impediment, insofar as this does not exceed 3 weeks and the extension is reasonable for the customer. Unless it is a transaction for delivery by a fixed date or it is unreasonable, the customer must grant a reasonable extension of time, which must be at least 8 days, if the specified delivery period is exceeded. Unless it is excluded by the nature of the order or unreasonable for the customer, we are entitled to partial delivery.

5. prices and terms of payment

Our list prices valid on the day the order is placed shall apply, unless another price has been expressly agreed. The prices are unit prices. The delivered quantities (if necessary with quantity deviations from the order up to 10 %) including the manufactured samples shall be invoiced. Subsequent changes to the agreed performance at the instigation of the customer, including the machine downtime caused thereby, shall be charged separately. All shipping costs, including transport insurance, shall be borne by the customer. Invoices are payable immediately upon receipt. Cash discount will only be granted on the basis of an express written agreement. We are not obliged to accept bills of exchange or checks in payment. The acceptance of a bill of exchange is only on account of performance. Discount and bill charges shall be borne by the customer and are due immediately. We do not assume any liability for timely presentation, protest, notification and return of the bill of exchange in case of dishonor. In the case of acceptance of bills of exchange and checks, payment shall be made only upon their redemption.

The customer may only offset our claims against counterclaims that have been legally established or recognized by us or are not disputed. If the customer's ability to pay deteriorates in the period between acceptance of the order and delivery or if we subsequently become aware that there are justified doubts about the customer's ability to pay, we shall be entitled to demand advance payments, to withhold outstanding deliveries or to withdraw from the contract if we are not provided with security or offered concurrent performance after setting a deadline. If a service is invoiced to a third party address at the customer's request, this shall only be on account of performance.

6. shipping

The shipment is at the expense of the customer. This also applies if the shipment is made within the same location or by our own employees or vehicles. We are entitled, but not obliged, to insure deliveries on behalf of and for the account of the customer.

7. complaints

If the customer is a merchant, he must inspect the goods immediately after delivery and notify us in writing without delay. § Section 377 of the German Commercial Code (HGB) shall apply without restriction. The quality of the goods shall be deemed to have been approved if we do not receive a notice of defects within 10 days of the arrival of the goods at the place of destination. In the event of complaints, all documents belonging to the order which are not in our possession must be made available to us, otherwise an immediate examination and processing of the complaints cannot be guaranteed. A material defect does not exist if the delivered quality corresponds to the technical standard of digital photo development and processing. Color deviations between the images and the original image files cannot be technically avoided and therefore do not constitute a material defect. Likewise, a defect does not exist if a loss of quality is caused by a defective quality (e.g. "resolution") of the original image files.

8. warranty

In the event of justified complaints, we shall carry out subsequent performance, rescission, reduction or withdrawal from the contract within a reasonable period of time. If the subsequent performance fails, the customer may demand the cancellation of the contract or reduction of the remuneration.

9. liability

We shall be liable with regard to any contractual and statutory claims for damages of the customer, which the customer incurs in particular due to a breach of our obligations during contractual negotiations, in the event of breaches of contract, including contractual ancillary obligations and due to tort, insofar as we or our vicarious agents or persons employed in performing an obligation are guilty of intent and gross negligence. We shall also be liable in the event of non-compliance with warranted characteristics and in the event of culpable breach of our essential contractual obligations (cardinal obligations), insofar as typical foreseeable damage is involved.

10. retention of title

The delivered goods remain our property until full payment by the customer. The customer is at any time revocably entitled to resell or reuse the delivered goods in the ordinary course of business. The customer shall not be entitled to dispose of the reserved goods in any other way. Insofar as our ownership is lost as a result of the processing, but the value of our performance amounts to at least 50% of the new items resulting from the processing, the customer shall transfer ownership of the new items resulting from the processing to us already today. The customer already assigns to us today his claims from the resale and further use in the amount of the order sum. We hereby accept the assignment/transfer. The customer shall be entitled and obliged to collect claims assigned to us as long as we do not expressly revoke this authorization.

11. right of revocation and return

The seller grants the statutory right of return of two weeks without giving reasons exclusively for legal transactions that a natural person concludes for purposes that can be attributed neither to his commercial nor his independent professional activity. The period starts from the receipt of the delivery and is met by sending the goods to the seller (registered office of the branch) in due time. The purchase contract becomes effective only after the expiry of the two-week period. In the event of an effective revocation, the purchase/installment contract shall lapse, as shall any insurance ordered along with it. The services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply if the deterioration of the goods is exclusively due to their inspection, as it would have been possible in a retail store. You can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. You have to bear the cost of return if the delivered goods ordered and if the price returned the goods does not exceed an amount of EUR 40.00 or if you are at a higher price the goods at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Excluded from the right of return are goods that the seller has made according to customer specifications or that are clearly tailored to personal needs of the customer.

12 Place of performance and jurisdiction

In commercial legal transactions, the place of performance and jurisdiction is Berlin, the contractual partner is mediafisch konzeptagentur, Holger Bartholz.