GENERAL TERMS AND CONDITIONS
1. GENERAL CONDITIONS / TERRITORY OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (GTC) apply to all business relations with DEE, in particular also those business relations transacted over the Internet site www.die-exklusiven-einladungskarten.de.
All orders will be executed under the following terms and conditions. These terms and conditions shall apply both to customers with billing address in the Federal Republic of Germany and to customers abroad. Conflicting terms and conditions shall not be part of the contract. Counter-confirmations of the buyer with reference to his own terms and conditions of business or purchase are hereby opposed. Deviations from these terms and conditions shall only be effective if they are confirmed by DEE in writing.
The current German version of these GTCs is to be found on the Internet at www.die-exklusiven-einladungskarten.de under “AGB”. The customer will be sent the GTCs as soon as the order is confirmed. In case of doubt, the GTCs published on the Internet shall apply.
2. CONCLUSION OF CONTRACT
All offers on the website of DEE are non-binding. DEE expressly reserves the right to immediately change a price at any time. The customer must confirm his/her order by clicking on the appropriate buttons on the Internet or by written confirmation of the offer made by DEE. A contract shall only be concluded when the customer’s order has been accepted by DEE. This is achieved when DEE sends its order confirmation to the customer. DEE reserves the right not to process or to reject print orders that violate statutory provisions, namely orders that violate copyrights or could constitute a criminal offense.
DEE reserves the right to cancel such orders should important data – e.g. texts, print approvals, information about the client / invoice recipient and delivery address – are not received within 14 days following placement of the order.
3. PRICES, REMUNERATION, TERMS OF PAYMENT AND SHIPPING COSTS
The prices for products and services offered by DEE are in EURO. They contain the legal VAT of 19%, which will be shown separately in the invoice.
You will lay out your ideas and concepts for your individual paper goods in a meeting during which you will also be introduced to my work. Also the question of further cooperation will be discussed. An interview will take place after an appointment is made by either telephone or e-mail.
Transport, postage and packaging expenses will also be charged. Shipping partners are the Deutsche Post and a courier company. As a rule, shipping costs are calculated according to weight and distance (determined by national or international postal codes). Should goods weighing more than 10 kg have to be shipped, the costs will be ascertained, and the client notified by DEE before the goods are sent.
The customer must pay an advance of 50% of the order value after placing the order. All payments to DEE must be by bank transfer after receipt of the invoice.
The advance payment shall be non-refundable and is a prerequisite for confirmation of the order and before work on designs and layouts begins. After receipt of payment, work will begin, and the first designs will be sent out as quickly as possible (this depending on effort and processing time) for coordination and selection purposes.
The remaining amount will become due when the work is fully completed, however, the goods will only be shipped to the delivery address specified by the customer after receipt of the remaining amount by DEE.
4. LAYOUT AND CORRECTION STEPS
There will be two levels of correction. The costs for any additional corrections or changes will be billed to the customer. Billing for additional changes at the customer’s request will be based on the amount of work involved and charged at the current hourly rate.
The customer must approve the layout before printing begins. This release must be made in writing (by post, fax or e-mail) and shall be legally binding.
Should errors – e.g. typing errors, incorrect data or names – be found after the client has approved the full layout, this will entail additional costs. If the customer wishes a correction/new production, he/she will have to bear the costs for this. DEE will prepare an offer for the new production on request and carry it out.
The customer is thus obliged to always check the accuracy of the data supplied as layout. Basis for complaints regarding printed products will be the files and text templates provided DEE by the customer.
Should the customer send data that has an error or errors and this or these are not noticed by DEE, this risk must be borne by the customer.
5. SUBCONTRACTORS AND PERFORMANCE AIDS
DEE is entitled to commission subcontractors and agents with implementation of individual parts of the order or the entire order.
6. INSIGNIFICANT DEVIATIONS / LIABILITY FOR DEFECTS
DEE paper goods are produced using various printing techniques (digital, offset, letterpress and others). The proposed colors may therefore vary and deviate from illustrations provided via the Internet or samples, especially those in our sample books or sample shipments.
Manually controlled ink application and the varying absorbency levels of different papers can lead to color deviations, especially with letterpress. In addition, embossed printing may cause the paper to curl slightly. Such insignificant deviations do not constitute a defect of the purchased item.
A presentation of products on the Internet site “Die-exklusiven-Einladungskarten.de” and in all other advertising material does not constitute a legally binding offer. DEE does its best to present its products on the Internet in a manner that is compatible with all screens. However, DEE cannot be held liable should a design on the DEE Internet appear differently at customer’s end. Should a design and/or color combination from the Internet site of DEE be ordered, insignificant deviations will not be a legally-binding reason for payment of damages and/or termination of the contract.
7. TERMS OF DELIVERY
DEE will make every effort to deliver the ordered items after completion of the work acceptance of the order within the period indicated by DEE or earlier by post or courier to the customer. The delivery period stated must be understood to be an indicator and not as a deadline. No rights, either to compensation or withdrawal from the contract, may be derived from a delay in delivery, unless delay of delivery is such that the customer cannot be expected to maintain the contract according to normal business practice.
Operational disruptions at DEE or a supplier, in particular a strike, lockout, and all other cases of force majeure, as well as disruptions in the data lines, will not entitle the customer to terminate the contract.
Delivery will be to the address provided by the customer. The customer must immediately inform DEE of any change of address. If the information received from the customer is not correct or not received and this should cause a shipment to be sent to an incorrect address or the delivery is lost, this shall lie within the responsibility of the customer.
Upon receipt of the delivery, the customer must check to ensure that the scope of delivery corresponds to the agreed order. If this is not the case, the customer must inform DEE immediately. A complaint must be made within one week after receipt of the goods in writing (by mail, fax or e-mail).
8. LIMITATIONS OF LIABILITY / FORCE MAJEURE
a) The following limitations of liability will not apply to damage caused by intent, gross negligence or if an agreed-on feature is missing, nor to personal injury.
b) Claims to damages against DEE and/or its agent(s) and/or subcontractor(s) arising from an impossibility or delay in performance or a positive breach of contract or a tort shall be limited in amount to those damages which DEE could have reasonably expected at the time the contract was made. Should the damage not have resulted from a breach of an essential contractual obligation, damages shall be limited to a maximum of ten times the amount of the contract value.
c) Without prejudice to its other rights, DEE shall have, in the case of force majeure, the right to postpone the execution of the order at its discretion or to rescind from the contract without judicial intervention. The customer must be informed of this in writing or by e-mail.
DEE shall not be obliged to pay damages under such circumstances unless compensation is to be expected in accordance with the principles of common decency.
Force majeure is to be understood to be any circumstance causing failure or cancellation. Force majeure is not the responsibility of DEE and DEE cannot be held liable for delays or cancellations due to force majeure.
9. RETENTION OF TITLE
All works and services (drafts, files, etc.) including the copyrights as well as the finished goods remain the property of DEE until full payment of the entire order is paid. Resale is not permitted under the contract.
10. OTHER PROPERTY RIGHTS and COPYRIGHT
Each order placed with DEE containing designs and/or text shall constitute a copyright contract for work. All drafts, designs and final artwork shall be subject to copyright law.
All services of DEE (e.g. suggestions, ideas, sketches, preliminary designs, scribbles, final artwork, concepts), including individual parts thereof, shall remain the property of DEE, as well as the individual work pieces and design originals. Copying – even just of parts – is prohibited.
All data and information, especially pictures, illustrations and descriptions, are protected by copyright, and other applicable intellectual property rights. The data and information may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any other way, including by e-mail and other electronic media. Without the prior written consent of DEE, no modification of the data and information or its use on other websites or computing environment connected by networks, or its use for other than personal, non-commercial purposes shall be permitted. DEE reserves the right to prosecution in the event of a breach of copyright.
11. COPYRIGHTS OF THIRD PARTIES
Where printed matter and electronic publications are created on the basis of a customer’s specifications, the customer shall be liable for ensuring that he/she possesses all rights to use, pass on and publish all transferred data (including text and image material). In addition, the customer shall be liable for ensuring that the production of the printed matter or electronic publications commissioned by said customer does not infringe any third-party property rights or copyrights, that his/her content does not violate applicable law and that the printed matter does not contain any anti-trust content. Should DEE be sued by a third party on the grounds that its rights have been infringed by use of templates or data provided by the customer, the customer shall release DEE from any and all related liabilities and expenses.
12. ARCHIVING and OWNERSHIP
Templates, raw materials, data carriers and other items for reuse, as well as semi-finished and finished products will only then be retained by DEE beyond the delivery date by prior agreement and against compensation.
Unless otherwise agreed, the intermediate products used by DEE to produce the contract product, such as film, lithographs and printing plates remain the property of DEE, even if such are charged separately. There shall be no obligation to surrender these and they will accordingly not be delivered.
DEE shall be entitled to have, at its own expense, more prints produced than the quantity ordered and to file these extras as supporting documentation or to release these marked as samples.
13. DATA PROTECTION
DEE guarantees the protection of the data provided by the customer. The personal data that the customer is asked for at a certain point is essential for correct addressing or correct processing of payment transactions. In accordance with legal requirements, the customer has the right to access, correct or delete his stored data at any time. See the attached document “Data Protection-DSVGO”.
14. SEVERABILITY CLAUSE AND FINAL PROVISIONS
Should one or more provisions of these GTCs be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Only the German version of the GTCs shall be valid.
German law applies exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
The parties agree the City of Munich as the place of performance of the contractual services to be rendered. The parties agree that Munich shall be the place of jurisdiction for all disputes in connection with the contractual relationship.
Status: Munich, 01/2022