General terms and conditions

General terms and conditions
Hinrichs Licht + Druck GmbH

 

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I. General information

Our deliveries and services are made exclusively on the basis of the following general terms and conditions (hereinafter referred to as the GTC).

II. Definitions

1.      Consumers within the meaning of these General Terms and Conditions shall be any natural person who concludes the contract for a purpose which can not be attributed to their commercial or self-employed occupation.
 2.     Entrepreneurs within the meaning of these General Terms and Conditions is any customer who, on conclusion of the contract, is acting in the exercise of his commercial or independent professional activity.

III. Conclusion of contract

1.   Our offers are non-committal and non-binding.
2.  A contract is only concluded when the order of the customer is confirmed by us in writing.
3.   Objects (such as software, concepts) which have been provided to us by the customer are our intellectual property; They may not be duplicated and made accessible to third parties. If no contract is concluded, they must be returned and deleted and may not be used. The deletion shall be proved by the affidavit of the cancellation or the deletion protocol or other appropriate proof.

IV. Non-delivery by suppliers

 1.   We assume no risk of procurement. If items to be delivered by our suppliers are not or temporarily unavailable, we will inform the customer immediately after the order and in the following period at regular intervals. We are exempt from the obligation of performance up to the self-supply by the upstream supplier and can withdraw from the contract in the event of a lack of availability, unless we are responsible for the non-delivery by the sub-supplier
2.    In the case of withdrawal, we shall immediately reimburse the amounts already paid for the purchase price. Claims for damages of the customer shall be excluded, unless we are responsible for the non-delivery by the supplier.

 

4.      We do not undertake any examination as to whether the execution of the customer order violates statutory provisions, in particular against the rights of third parties, against competition law or copyright. It is the customer 's responsibility to make our proposals and advertising material check whether the contents are legally, in particular competition, safe.
The customer shall act free of charge and in good time during the provision of the service and hand over all information and materials (for example, templates, films, data carriers, pictures) required for the execution of the contract. As far as technically possible, the customer has to give us copies and no originals. We will only process, modify, digitize or correct the material for a fee. If the customer leaves us copyrighted works, he has to ensure that these are free of third party rights and can be used for the purposes of the contract.
6.      Insofar as the customer is to provide the service on a storage medium, we are entitled to determine the type of storage medium at our discretion if no agreement with the customer has previously been made. The cost of the storage medium bears the customer. The data remaining with us will be deleted after delivery of the storage medium.
Data and data carriers which are due to the customer will be insured only after explicit agreement and against special compensation beyond the date of delivery of the end product to the customer or his fulfillment aid. In the event of a failure to do so, the customer has to procure it himself. The insurance must be reported to us immediately. In the case of non-compliance with the notification obligation, the customer is not entitled to any compensation claims against us due to the deletion or destruction of the data or data media.
7.      Material left by us to the customer will not be insured by us.
8.      The customer is obliged to point out any special features that might affect the use of our goods.


VI. Release of drafts

1.    In the case of a design, we can grant the customer a test period of two weeks, so that he can determine whether his wishes, needs and specifications are depicted in the design. The customer declares to us in writing the release within the test period. With the release, the draft for the further production performance becomes a binding basis.
2.    The release is declared as expired after expiration of the test period. We will point out these consequences to the customer when announcing the concept / design.

 

VII. Prices and price adjustments

1.    In the absence of any other written agreement, all charges shall be based on our current valid price list and on our homepage and in the event that they do not regulate the remuneration of our company charges, packaging and shipping costs as well as the applicable sales tax on the delivery day. Time charges are also to be paid for travel times. Travel expenses, expenses, additional costs are additionally to be remunerated according to our usual rates.
2.   We are entitled to increase the price appropriately according to the cost increase if there is more than four months between the conclusion of the contract and the agreed delivery date, and if thereafter the wages, material costs or the market entry prices increase or the exchange rates change.
3.    Copyrights protected by copyright law are granted to the customer as far as is necessary for the fulfillment of the contract.
4.    Rights of use shall be transferred to the customer under the suspensive condition of full payment of the agreed remuneration. If we have previously consented to use, we may revoke this consent in the event of a delay in payment. At the end of the right of use, the customer is obliged to return the work including all documentation materials and copies.
5.    For each case of exceeding the agreed right of use, the customer is obliged to pay us a contractual penalty equal to twice the contractual amount agreed for the legal usage. The contractual penalty is a claim for damages We are also entitled to revoke the transferred right of use in this case. The customer is allowed to prove that a damage or an impairment has not occurred at all or is substantially lower than the lump sum.

 

VIII. Payment, contestation / retention, subcontract

1.    Insofar as the contract shows demarcable partial services, partial payments to the total fee are due by us after delivery of the partial service according to the proportion of the partial service to the total service. Fees for our ongoing or recurring services are billed in advance each month and are payable immediately, unless otherwise agreed.
2.    We are entitled to use subcontractors to fulfill our performance obligations.
3.    We have assigned all existing and future receivables to Close Brothers Factoring GmbH, Große Bleiche 35-39, D-55116 Mainz within the framework of a factoring agreement. Payments must therefore be made exclusively to the account of Close Brothers Factoring GmbH, Landesbank Hessen-Thüringen, Frankfurt am Main / Germany, SWIFT / BIC: HELADEFFXXX, IBAN: DE 945005000000 77803559. A payment to another account, for example, does not have a debt-free effect. This means that, despite payment to us, the customer is not exempted from the obligation to pay and has to pay to Close Brothers Factoring GmbH again.
4.    If the payment is made to Close Brothers Factoring GmbH after the payment period, interest and dunning fees may also be charged which would also have to be paid by the customer.

 

IX. Delivery and delivery dates

1.   (Delivery) dates are non-binding delivery dates, unless the handing over to the forwarder or freight carrier is confirmed by us separately in writing or in other agreements in writing and are only binding in these cases.
2.    The risk of accidental loss and accidental deterioration of the goods shall be transferred to the customer upon delivery, with the delivery of the goods to the freight forwarder, the freight forwarder or the person appointed otherwise to carry out the dispatch.

X. Acceptance

1.    Any complaints submitted beforehand shall only be regarded as a reservation of the rights of the customer in case of defects. Insignificant defects do not entitle the customer to refuse acceptance. The service is only valid for contracts with consumers with two weeks from the transfer of the risk as acceptance (acceptance function). In the case of contracts with companies, the statutory provisions apply, in particular § 377 HGB.

XI. Warranty

1.    In the event of a defect in the delivered goods, the customer shall request us to rectify the defect within a reasonable period.
2.   If the defect can not be remedied within a reasonable period of time or if the rectification or replacement delivery for other reasons is considered unsuccessful, the customer may, at his discretion, demand a reduction of the compensation (reduction) or withdraw from the contract. We shall not be entitled to a defect of the improvement until two attempts have been made to remedy the defect without remedying the defect or defect indicated if the remedy and replacement delivery is impossible if it is refused or unreasonably delayed by reasoned reasons Doubts as to the prospects of success or if there is an unreasonableness for other reasons.

 

XII. Special conditions of warranty for entrepreneurs

1.    If the customer is a merchant and the order belongs to the operation of his commercial business, the legal requirements for notification of defects must be in writing.

XIII. Statute of limitations

1.    Claims for material defects become time-barred after expiry of a period of two years from delivery of the goods.
2.    If the customer is an entrepreneur, he shall be entitled to a period of one year from delivery of the goods. The statutory limitation of recourse claims (479 BGB) shall remain unaffected.
3.    The periods of limitation set out in clauses 1 and 2 shall not apply to malicious concealment of a defect or to the extent that we have assumed a guarantee as to the nature of the delivery item.
4.    The periods of limitation set out in clauses 1 and 2 shall also not apply to claims for material defects in the event of damage to life, body or health, claims under the Product Liability Act, gross negligent breach of duty or culpable violation of essential contractual obligations.

 

XIV. Liability

1.    We exclude our liability for minor negligent breaches of duty, provided that these are not the breaches and claims referred to in XIII clause 4. Furthermore, our liability is limited to such damages, which are typically expected to arise within the scope of such a contract. In case of damage or loss of materials, which the customer has left us, the amount of the liability is limited to the material value.
2.    We shall be liable for the loss of data, in the aforementioned extent, only insofar as the customer secures his data in appropriate form at application-appropriate intervals so that they can be restored at a reasonable cost.
3.    With the exception of the claims for a defect, a limitation period of one year applies to all claims against us against damages or replacement of futile expenses, except in cases of intent or personal injury. The limitation period starts at the end of the year in which the event causing the loss falls and ends no later than the expiry of the maximum periods specified in § 199 (3) and 4 BGB (German Civil Code).

 

XV. Retention of title

1.    All deliveries from us are subject to proprietary rights. Ownership of the delivered goods (reserved goods) shall only be transferred to the customer upon full payment of all existing claims at the time of delivery, in the case of payment by check or bill of exchange, in the case of unconditional credit notes.
2.   The customer is not entitled to pledge the reservation goods prior to the transfer of ownership or to surrender them for security. He may resell the reserved goods only within the scope of the normal course of business
3.    In the case of resale, the customer herewith assigns to us the arising claims in the amount of our claim at the time of assignment to the customer from the contract on the resale object. The customer shall promptly notify third parties of the reserved goods or the claims assigned to us, and shall notify third parties of our rights.
4.   The processing or transformation of the reserved goods by the customer is always carried out for us. If the reserved goods are processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of the processing. If the reserved goods are inseparably mixed with other objects which are not our property, we shall acquire the co-ownership of the new object in proportion to the value of the reserved goods to the other mixed objects. The customer keeps the co-ownership for us.
5.    If the customer is in default with one or more payments in whole or in part, he makes his payment or the insolvency proceedings are applied for against his / her assets, the customer may no longer have the reserved goods.

 

XVI. Credit check

1.    For the purpose of the credit check, the address and creditworthiness data stored in your database, including those based on mathematical-statistical procedures, will be sent to us by Bürgel Wirtschaftsinformation GmbH & Co. KG, PO Box 500 166, 22701 Hamburg Provided that we have credibly demonstrated our legitimate interest. For the purposes of the decision on the grounds for, the execution or the termination of the contractual relationship, Bürgel Wirtschaftsinformation GmbH & Co. KG, PO Box 500 166, 22701 Hamburg, shall collect or use likelihood data.

XVII. Final provisions

1.    The customer is not entitled to assign claims from contracts concluded with us as a whole or individual rights and obligations from this or otherwise transfer all rights and obligations from contracts concluded with us to third parties without our consent.
2.    All contractual agreements must be settled in writing. The written form requirement also applies to the amendment of the requirements for the written form
3.    The invalidity of one or more provisions of these General Terms and Conditions shall not affect the effectiveness of the contract. The parties to the contract undertake to replace the invalid provision with an effective provision which is as close as possible to the economic purpose pursued by the invalid provision. The same applies in the event of a gap in the contract which is required for a regulation.
4.    Our obligations are to be fulfilled in our business premises, unless otherwise agreed.
5.    Exclusive local court of jurisdiction for all disputes arising from contracts which do not involve a consumer is Georgsmarienhütte.
6.    It is only the law of the Federal Republic of Germany.

 

 

Georgsmarienhütte in June 2016

Hinrichs Licht + Druck GmbH