Terms and Conditions of Spree Druck Berlin GmbH
The fine print
[This is just a translation. Our terms and conditions apply in German.]
- Orders shall only be executed on the basis of the following terms and conditions. Deviating provisions, including the recognition of purchasing conditions of commercial clients, require our express confirmation.
- For orders from public institutions, we hereby recognise the VOL/B (Terms and Conditions of Contract for the Execution of Services) if reference is made to their validity when the order is placed.
§2 PRICES AND SALES TAX
- Our prices are subject to the proviso that the service specification offered remains unchanged and that a print template corresponding to it is provided. Subsequent changes to the order content or the artwork will be charged additionally.
- Our printing prices do not include any work on the artwork or any shipping costs (including interim storage, postage, transport insurance or similar) unless they are expressly stated as being included in the price in the quotation.
- Quotation prices are binding for us for six weeks.
- Our prices are net prices plus the statutory value added tax.
- It is the client’s responsibility to inform us of the possible applicability of the reduced tax rate according to § 12 (2) of the Value Added Tax Act when placing the order. We can only give a binding commitment after checking the content of the publication.
- Only foreign deliveries with an invoice to the foreign customer, which we or the customer can prove to have arranged, are tax-exempt. For tax-free deliveries to other EU countries, the client must provide us with his valid EU VAT ID when placing the order.
- The client shall be fully responsible for checking the artwork for correctness, quality and conformity with the contract. This obligation is incumbent on him irrespective of who prepares the artwork and at what stage of maturity it is handed over to us.
- The risk of any errors shall pass to the client with the approval for printing (in the case of digital printing orders or waiver of an approval proof already with the data delivery), insofar as it is not a matter of errors that have only arisen in a subsequent production process.
§4 DELIVERY DATES AND DELIVERY
- If we state a delivery period in the offer, this is not a promise of a date, but only an indication of the production time and dispatch time to be expected in working days from the approval of the printing.
- Delivery dates are only valid if they are expressly confirmed by us. If performance is delayed, the client may only exercise the rights under § 323 BGB if we are responsible for the delay. This provision does not imply a change in the burden of proof.
- Delivery dates shall apply on condition that the client also provides the necessary preliminary services (in particular artwork, print approval) on time.
- We may only make and charge for over-deliveries with the consent of the client. Underdeliveries of up to 5% of the ordered print run cannot be objected to. In such a case, however, the price shall be reduced as it would have been under the same calculation parameters for the actually delivered print run.
- If the goods are to be dispatched, the risk shall pass to the customer as soon as the consignment has been handed over to the carrier, even if the dispatch has been arranged by us. Delays compared to the standard shipping time cannot be objected to. If express shipments arrive later than promised by the shipping service provider, the customer shall only be entitled to a reduction by the express surcharge.
- If the customer has not collected the goods within 2 weeks of notification of readiness for delivery or has not arranged for dispatch by us, we shall charge storage costs of € 20 per pallet and month or part thereof.
- We shall take back packaging within the scope of the obligations incumbent upon us under the packaging ordinance. The customer may return packaging during our normal business hours after prior notification in good time. The returned packaging must be clean, free of foreign substances and sorted according to different packaging.
§5 INVOICE AND PAYMENT
- The invoice shall be issued to the principal on the occasion of the delivery, partial delivery or readiness for delivery and, unless otherwise agreed, shall be payable immediately and without discount.
- For subsequently requested invoice corrections (e.g. tax rate or correct company name which was not clearly identifiable in the order) as well as for requesting an invoice split for the order, we charge a flat rate of € 10 per newly or additionally issued invoice document.
- If we assess a commercial client as having insufficient creditworthiness for an open invoice on the basis of a credit report or due to previous or current payment arrears, we may, at our discretion, demand a deposit, full prepayment or delivery against payment. We shall have this right at any time, even if our assessment only comes to light after the conclusion of the contract.
- In the case of non-commercial private customers, we shall only hand over the goods against payment. For order values of EUR 1,000 or more, we may also demand a reasonable down payment.
- We do not accept bills of exchange or crossed cheques. Cash and card payments are possible during our office hours.
- The client may only offset or exercise a right of retention with an undisputed or legally established claim.
- The client shall be in default through non-compliance with the terms of payment even without a reminder. In the event of default in payment, interest on arrears amounting to 10% p.a. shall be payable. This does not exclude the assertion of further damage caused by default.
- We charge a lump sum of 10 € for reminders. The debtor is free to prove lower costs to us. After a fruitless reminder, we are entitled without further notice to hand over the case to an external debt collection agency which is liable to pay costs.
§6 RESERVATION OF TITLE
- The delivered goods shall remain our property until full payment of all our claims existing on the invoice date. The client is only entitled to resell the goods in the ordinary course of business. The client hereby assigns his claims from the resale to us. We hereby accept the assignment. In the event of default at the latest, the client shall be obliged to name the debtor of the assigned claim. If the value of our securities exceeds our claim by more than 20% in total, we are obliged to release securities of our choice to this extent at the request of the client or a third party affected by our excess security.
- In the event of processing or treatment of our delivered goods which are our property, we shall be deemed to be the manufacturer pursuant to § 950 BGB (German Civil Code) and shall retain ownership of the products at all times during processing. If third parties are involved in the treatment or processing, we shall be limited to a co-ownership share in the amount of the invoice value of the goods subject to retention of title. The property thus acquired shall be deemed to be reserved property.
- The client shall immediately inspect the contractual conformity of the delivery. Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; otherwise the assertion of the warranty claim is excluded.
- In the event of justified complaints regarding the quality of the product, we shall initially be obliged and entitled to rectify the defect and/or make a replacement delivery at our discretion. If we do not fulfil this obligation within a reasonable period of time or if the rectification of defects fails despite repeated attempts, the customer may demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal).
- Defects in part of the delivered goods do not entitle the client to complain about the entire delivery, unless the partial delivery is demonstrably of no interest to the client.
- In the case of colour reproductions, minor deviations from the original or other originals (e.g. proofs, press proofs) cannot be objected to. The assessment shall not be based on subjective impressions but on the tolerance values of the PSO (Process Standard Offset). Even minor and technologically related production tolerances in print processing cannot be objected to.
- Furthermore, liability for defects that do not or only insignificantly impair the value or the usability is excluded.
- We shall only be liable for deviations in the quality of the material used up to the value of the material.
- Claims for damages and reimbursement of expenses by the client, irrespective of the legal grounds, are excluded.
- This exclusion of liability shall not apply
- in the case of damage caused intentionally or by gross negligence,
- in the event of culpable injury to the life, body or health of the principal,
- in case of fraudulently concealed defects and assumed guarantee for the quality of the goods,
- in the event of claims under the Product Liability Act.
§9 LIMITATION OF LIABILITY
Claims of the client for warranty and damages (§§ 7 – 8) shall become statute-barred after one year beginning with the delivery of the goods, with the exception of the claims for damages mentioned under § 8 (2).
§10 INDUSTRIAL PROPERTY RIGHTS AND COPYRIGHT
The client shall be solely liable if the rights of third parties are infringed by the execution of his order. The client shall indemnify us against all claims of third parties due to such an infringement of rights.
Products to which the client is entitled, in particular data and data carriers, shall only be archived by us beyond the time of handover of the end product to the client or his vicarious agents if this has been expressly agreed and in return for special remuneration. If the aforementioned items are to be insured, this shall be arranged by the client himself in the absence of an agreement.
§12 PLACE OF PERFORMANCE, PLACE OF JURISDICTION, VALIDITY
- The place of performance and jurisdiction for all disputes arising from the contractual relationship shall be Berlin if the client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
- German law shall apply to the contractual relationship.
- Should individual provisions of this contract be or become invalid or should this contract contain loopholes, this shall not affect the validity of the remaining provisions of this contract. The parties undertake to replace ineffective provisions with new provisions which do justice to the provisions contained in the ineffective provisions in a legally permissible manner. In order to remedy a loophole, the parties undertake to work towards a way that comes closest to what the parties would have determined according to the meaning and purpose of the contract if the point had been considered by them.