Terms and Conditions

§1 Validity

The following conditions are valid for offers, quotations, sales and deliveries unless other legislative regulations should apply.

Allusion by the client to his own terms and conditions will be treated as a contradiction. Where conditions differ, validity must be confirmed by us in writing. The same applies to oral agreements or agreements made in addition to the written contract.

 

§2 Order placement, order acceptance and dead lines

a) Contracts are only legally binding, after written confirmation by us.

b) With contracts where goods are delivered to third parties, the client is assumed to be the person placing the order. Should delivery to a third party be in their favour, or if the recipient in virtue of receiving the delivery and making use of it, increase his assets, then both buyer and recipient of the delivery are assumed to be clients. By placing such an order the buyer ensures his implicit agreement.

c) When ordering on a third party account, whether in your own or someone else’s name, both buyer and the recipient of the invoice are taken to be clients. Changing the invoice later, after billing has occurred by request of the buyer to another recipient of the invoice, means the implicit liability of this invoice recipient. By placing such an order, the buyer affirms implicitly, that the recipient of the invoice is in agreement.

d) Delivery times are not binding. The delivery times on offer or the delivery times given when orders are confirmed, correspond with our schedules. Failure to comply requires a reasonable delivery time extension. Should we fail to deliver during this time, the client has the right to cancel from the contract. Up until this time, deliveries may be ordered and received by the client and services may be charged by us, unless the client has suffered unduly through the costs incurred.

e) Fixed dead lines for services are only considered as such, when confirmed by us in writing, (fixed dead line or binding appointment). Transgression of a fixed dead line, means that a client has the right to cancel from the contract, free of charge. Up until we have received confirmation in writing of the clients retraction, we can charge the client for deliveries and services received, unless the client has suffered unduly through the costs incurred.

f) Acts of God or circumstances, which prevents or impedes the carrying out of accepted orders, give us the right, without any claims for damages, to cancel from, or to reduce the extent of, or to carry out the order at a later date. Any agreed dead line will be extended for the period of the delay. A cancellation by the client is only possible, four weeks after the disruption described above has taken place. We are not liable in these circumstances.

 

§3 Implementation of order / disclaimer

a) We carry out all orders, unless specified otherwise in writing, on the basis of the data we receive from the client. The data is to be delivered in the format specified by us on the order form. Should the format you send us differ, we will not be able to guarantee a flawless service, unless we have given you written permission to use this format. The client is liable to full extent for the entirety and accuracy of these data, even if data transfer or data media discrepancies occur, as long as we are not responsible.

b) We are not responsible for the inspection of deliveries of any kind, either from the client or from third parties, this also applies to data media and transferred data. (This does not apply to data that are obviously unsuitable for use.) When transferring data, the client must use up to date computer virus technology before sending files. Data security is the client’s responsibility

 

§4 Imprint and Advertising

a) With the client’s permission we are allowed, by suitable means, to use the contracted products in order to make reference to ourselves. Compliance by the client can only be refused, should he have predominant interests to the contrary.

b) We reserve the right, without express agreement of the client, to send proof samples of the order to third parties as quality templates.

 

§5 Periodical work

Contracts for regular, recurring work can be cancelled with a time limit of a minimum of three months from the end of the month.

 

§6 Trade patent rights and copyrights

The client bears sole responsibility, if , by the implementation of his order the rights of a third party, in particular copyrights, are violated. The client declares that he is in possession of the copying and reproduction rights for the documents handed over. The client releases us of any corresponding claims from third parties concerning violation of rights.

 

§7 Guarantees, liability and return of goods

a) The client must check all delivered goods and any other products sent for amendment. The risk of eventual discrepancies is passed over to the client after clearance for printing or production, as far as the discrepancy did not occur, or could be traced to a production procedure immediately subsequent to clearance. The same applies to any other clearance declarations by the client. Defects must be reported without delay, and no later than 7 days after detection. Claims for hidden defects, which after prompt inspection cannot be detected, must be asserted within the statutory warranty period.

b) Returns of any kind must be agreed to by us. Non-prepaid returned goods will not be accepted by us. By warrantable customer claims, we will reimburse the forwarding charges.

c) Deviations in colour reproductions from the original, regardless of production technique, cannot be rejected. The same applies, for technical reasons, for the comparison of templates and the like, e.g. proofs and print-outs even though they have been made by us, and the finished product.

d) By deviations in the composition of the material used we are only liable for the order value. We are not liable for material delivered by the client.

e) If the client, after being requested, does not supply a print-out of the print data neither does he accept proofs or preprints provided by us, then we are free of any liability. Claims will not be recognised in this context.

f) Faulty parts of the delivered goods do not warrant rejection of the complete delivery, (unless partial delivery is of no use to the client.)

g) Differences in the delivery volume of up to 10% of the quantity ordered are to be accepted.

h) We have the right to choose between repair or replacement of faulty goods which we have delivered, and for which we have assumed liability. Should repair fail, the client may choose to reduce the purchase price or to cancel the contract.

i) Further claims of the client for whatever legal reason are exempt. We do not assume any liability for damages not pertaining to the delivered object. This exemption extends to, and in particular, loss of profit or financial losses. This also includes all damages caused by our employees, representatives or servants.

j) We are only liable for damages caused by delay, neglect of fundamental contract obligations, if these were predictable.

k) Should the delivered object be altered by the client or by a third party, we are no longer liable, unless the client can prove that the alterations are not responsible for the damage or malfunction.

l) All templates, documents etc. will be treated by us with care. We only assume liability for damages or loss, to the value of the material. Further claims of any kind are exempt.

m) The exemptions from liability mentioned above do not apply to grossly negligent or wilful behaviour.

n) Customers enjoy their statutory rights.

o) Reimbursements for products already produced or being produced are not possible. This is because of the personal character of the products, which make a sale to a third party impossible. It is possible to cancel orders that have not been already produced. In that case, we are entitled to charge GBP 10,- (net) plus the surcharge for chosen payment.

 

§8 Price

a) Our latest price list is valid for our products and services, unless another price has been agreed and this then confirmed in writing.

b) Are prices are calculated for delivery from our business location in Schweinfurt plus VAT, packaging and other costs.

c) Any later alterations to the order, that is to say, after our acceptance thereof, will be charged. Any alterations to the order administration data (invoice recipient, delivery address, mode of dispatch, method of payment and suchlike) are also assumed to be alterations to the order. Alterations at the request of the client will be charged at a flat-rate of GBP 10.

d) Alterations to delivered or transferred data and similar groundwork occasioned by the client, will be charged separately.

e) We have the right, not the obligation, to carry out necessary groundwork, in particular on data delivered or transferred by the client, without consulting him, if this complies with his economic interests or contributes to the adherence to agreed dead lines. Such work will be charged in accordance with operating expenses. Should the client incur higher costs through this, and should these costs exceed 10% of the order value (quotation price), is that part of the 10% which exceeds a minimum of GBP 29,-, with the clients consent in advance, to be secured in order to cover these costs.)

 

§9. Dispatch

a) Place of delivery is the business location, namely Brückenstraße 7, D-97421 Schweinfurt

b) Delivery takes place at the address supplied by the person placing the order.

c) Delivery will be charged to the client.

d) As soon as the goods have been handed over to a carrier, haulier or the post, at the latest on leaving our offices, the client assumes liability for risk to the goods. The passing of risk to the client also takes effect by post-paid and free to the door deliveries.

e) Any delivery showing outward damage is to be accepted by the client, only after the damage has been established by the carrier/haulier. All claims for damages are forfeited should this be omitted.

 

§10 Conditional sale

a) All delivered goods remain our property until all outstanding debits, resulting from the contract for delivery, have met with compliance. Should the customer be a businessman, legal person, or special assets under public law, any goods will remain our property until such time as all payments resulting from business ties with the client have been registered.

b) Any payments received by the contractual partner resulting from a resale of proviso goods must be transferred to us forthwith. These payments serve as security to the same extent as the proviso goods. Should the proviso goods be sold by the contractual partner together with goods which do not come from us, then the transfer of payments from the resale only applies to one half of the resale value of the respective proviso goods sold.

c) The contractual partner must inform us forthwith of any access by third parties to goods or outstanding debits belonging to us.

 

§11 Conditions of payment

a) For all contracts, an appropriate prepayment or surety through a bank guarantee or credit card, may be required.

b) Should the fulfilment of payment be endangered by a considerable worsening of the clients financial assets, which occurred after the signing of the contract, we are entitled, to request prepayment, hold back goods, and cease any further work. We also retain these rights, when the client is behind with payments, which result from the same contract.

c) The client may only charge claims against us, when these are legally binding, uncontested and have been acknowledged by us.

d) The right of retention is only valid within the framework of the same legal relationship as the client.

e) Claims against us cannot be transferred.

 

§12 Invoicing, Authorisation and alterations

Invoices written by us are subject to errors. We may write a new, corrected invoice within a period of a maximum of six weeks. The invoice is assumed to have authorised by the client six weeks after it has entered the clients account unless we receive a written complaint, stating reasons therefore, within the allotted time limit. After the six week time limit the invoice is exempt from alteration. This is also true for alterations requested by invoice recipients or the billing address. The six week time limit does not affect obligations of payment or the obligation to complain of defects within the shorter time limits determined by these terms and conditions.

 

§13 Trade practice and copyright

a) In business circles, the trade practices of the printing industry apply (e.g. no obligations of return for data, lithographs or print plates used for the production of finished products).

b) For any creative work, particularly graphic drafts, images and text, layouts etc. we retain all rights (copyright). The client only pays for the work done, not for intellectual property rights or the right to reproduce. The copyright may be transferred to the client or to a third party, for a fee, if this has been agreed in writing. In this case the rights are passed over, after completion of the payment, as property of the client or a third party as the case may be.

 

§14 Data and contractual documents of the client and the data processing thereof

a) The data obtained by us through the business transaction are stored on our premises solely for processing.

b) All objects belonging to the client, in particular, originals, data and data media, will be archived to a date beyond that of the handing over of the finished product, only on signing a written agreement and receiving a separate payment. Should an insurance be required for these objects, this must be provided for by the client should no agreement to the contrary exist. We are exempt from liability for loss or damage whatever the cause.

c) The recovery of archived data, that is to say, the search for the data in the archive, the decompression and preparation for further processing carries a charge of GBP 23,20 for each print order archived.

d) The delivery of data or other contractual documents to the client or a third party carries a charge. We charge, pro delivery, a flat-rate GBP 11,60 plus haulage/ or courier costs.

 

§15 Applicable law

German law alone forms the basis of the business connexion. UN-convection is expressly exempt.

 

§16 Jurisdiction

Place of jurisdiction, for all claims resulting from the business connexion, is Schweinfurt, Germany. Furthermore, we are entitled to bring legal action against the client at his jurisdiction.

 

§17 Severability clause

Should the conditions of the above terms and conditions be invalid, either partially or in their entirety, the remainder retain their validity. The condition or conditions which are invalid are replaced by the statutory regulations.

 

Disclaimer

1. Content

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

 

2. Referrals and links

The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

 

3. Copyright

The author intended not to use any copyrighted material for the publication or, if not possible, to indicatethe copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

 

4. Privacy policy

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

 

5. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

 

Personal Data Protection by Flyermachine

Flyermachine takes the protection of personal data very seriously. The protection of your privacy is very important to us.

You will find information about the use of data and our data protection principles.

Use of data Your personal details (delivery address, billing address and telephone etc.) are used by us solely for the purpose of your order. Any further use e.g. advertising purposes, without your express permission is out of the question.

Data protection, our principles. Our customers can get information about content and purpose of data processing at any time. If we have been given permission to use or transfer data for advertising purposes, this can be retracted at any time. Furthermore, data can be altered, blocked, or deleted on request.

SSL-encoding – Making online-shopping secure. To protect you as a customer, we use only proven encoding techniques. Your personal details are encoded (Secure Socket Layer) by means of SSL (hidden from third parties) and transmitted via internet. Because the SSL- security procedure is technically very comprehensive and may slow down the connection, the SSL-encodement is only activated during an order procedure. In this way, you can be sure that your personal details for example credit card nr. are only transferred to our server.

What does SSL-encoding mean? As soon as you reach our SSL-secure page, your browser will check our server-certificate. Using this data, the browser can tell whether or not it’s connected to the server designated by you. As soon as the verification has been successfully completed, your personal details will now be securely encoded and sent via a 128 bit-line across the internet.