Terms of service

§ 1 Validity

 All contractual declarations (offers, orders, order confirmations), contracts and deliveries shall be made exclusively in accordance with the General Terms and Conditions of Sale. Conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if they are not expressly contradicted. These General Terms and Conditions of Sale shall only apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and to legal entities under public law. These General Terms and Conditions of Sale shall also apply to all future transactions between the parties.

 § 2 Offer

Our offers, in particular in the catalogue and in the web shop, are directed exclusively at persons who use the goods for their commercial, independent professional or official activities.

The presentation of the goods in the catalogue, in the web shop or in print media does not constitute a binding offer but an invitation to the customer to submit a binding offer. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered goods. 

We will confirm receipt of the order in text form (e.g. fax or e-mail). The confirmation of receipt does not constitute a binding acceptance of the order.  The purchase contract shall only be concluded when an express order confirmation is sent to the customer or the ordered goods are sent.

§ 3 Prices, payment 

Our prices are ex works as net unit prices in Euro, plus the respective statutory value added tax and plus the costs for shipping and packaging.  The prices are valid until the publication of the following catalogue or until the prices in the web shop are changed.  The purchase price is due upon conclusion of the contract. The delivery of the goods shall be effected at the customer's option against advance payment or cash on delivery.  In the case of custom-made products or goods not offered in the catalogue or web shop, the terms of payment shall be agreed separately. 

§ 4 Delivery, delivery time 

There is no minimum order value. All our prices are exclusive of VAT and exclusive of the costs of shipping and packaging. 

The quantities and weights determined by us are decisive for delivery and invoicing. The customer reserves the right to prove that quantities or weights have not been determined correctly.

Articles without advertising will be delivered as quickly as possible. Articles with advertising are generally available for delivery within two to four weeks.  In the event of disruptions in our business operations or those of our suppliers for which we are not responsible, in particular work stoppages and lawful lockouts as well as cases of force majeure, the delivery period shall be extended in accordance with the duration of the disruption. In such cases, the customer is entitled to withdraw from the contract if he sends a reminder for the agreed services after expiry of the delivery period, sets a reasonable grace period and the reasonable grace period has also expired fruitlessly.

Partial deliveries shall be avoided wherever possible. In individual cases, partial deliveries are permissible provided that this is reasonable for the customer and provided that no additional shipping costs are incurred by the customer as a result.

§ 5 Print orders 

Texts for print orders should always be transmitted in writing. In the case of texts transmitted orally or by telephone, the customer shall bear the risk of incorrect transmission. 

In the case of orders for goods with advertising imprints, we must reserve the right to over- or under-deliver by up to 5% for technical reasons.  Insofar as the ordered advertising imprint is protected by trademark law or copyright, the customer shall permit us to use it insofar as this is necessary for the execution of the order. 

The customer shall indemnify us against any claims by third parties on account of the infringement of industrial property rights and copyrights which are asserted against us as a result of the execution of the order.

§ 6 Transfer of risk, transfer of ownership 

The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the time of dispatch.

We retain title to the goods until the purchase price has been paid in full. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, he already now assigns all claims from such a resale to us.

§ 7 Warranty, liability

The prerequisite for any warranty rights of the customer is the proper fulfilment of all inspection and complaint obligations owed in accordance with § 377 of the German Commercial Code (HGB). 

Minor deviations with regard to colour, format, material, etc. compared to the information and illustrations in the catalogue or webshop are occasionally unavoidable and do not constitute a defect.

Insofar as a defect exists, we are entitled, at our discretion, to subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. If the subsequent performance fails, the customer is entitled to demand withdrawal or reduction. 

Before the customer makes any changes to the product or the packaging (labelling, engraving, etc.), he must carefully and thoroughly inspect the goods for any defects. Notices of defects after changes have been made shall only be accepted if the defect was not recognisable during the inspection. In this case, too, the customer shall pay compensation for the value of the changes made.  

The limitation period for claims for defects is one year.

We shall not be liable for slightly negligent breaches of duty, unless these relate to material contractual obligations or guarantees or constitute damage resulting from injury to life, limb or health or claims under the Product Liability Act or claims under data protection law. Insofar as we are liable for slight negligence, the amount of liability shall be limited to foreseeable damage typical for the contract.

§ 8  Applicable law, place of performance, place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

Place of performance is Baden-Baden.  The place of jurisdiction for all disputes arising from or in connection with the contract is Baden-Baden.

§ 9 Final provisions

The personal data voluntarily provided by the customer in the context of his order shall be used exclusively in compliance with the provisions of the German Federal Data Protection Act (BDSG), the EU Regulation 2016/679, Data Protection - Basic Regulation (DSGVO) and the German Telemedia Act (TMG).

If one or more provisions of these General Terms and Conditions of Sale are or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable provision shall be replaced by a provision which legally or economically comes closest to what the parties intended with the original provision. This shall also apply to any loopholes in the contract. 

Status January/2019