Terms & Conditions
General Terms and Conditions Updated 01/2019
- ApplicabilityOur Terms of Business and Delivery are recognized by the Client upon placement of the order itself. If one of the preceding conditions is or becomes invalid, the applicability of the remaining valid provisions will not be affected by this. The invalid provision shall be replaced by an applicable provision, which most closely approximates the sense and economic purpose of the invalid provision. Deviating regulations must be in written form. We will only honor conditions of the customer that contradict or deviate from our sales terms if we expressly approve their validity in writing. These sales terms also apply for all future transactions with the customer, insofar as these involve legal transactions of a similar nature.
- Proposal & Conclusion of ContractThe quoted prices apply only in conjunction with the underlying order information and are non-binding with respect to price, quantity, and delivery period. Orders only apply following written confirmation as accepted. Samples provided to the customer for viewing will be charged to the customer if not returned within 14 days. Test print samples will only be made upon express request and for a separate, previously paid charge. Packaging costs can be invoiced separately. Subsequent changes at the behest of the customer, including machine downtime costs incurred as a result, will be charged to the customer. This also includes repetitions of test prints, which are requested due to minor, technically unavoidable deviations from the template.
- Payment TermsThe invoice date is the day the service was provided. The usual payment term is 7 days (strictly net) after the invoice date. New customers must pay the total invoice amount upon order placement. For subsequent orders, the payment must be made within 7 days (strictly net) after the invoice date.
- Notice of AssignmentWe have assigned our accounts receivable to abcfinance GmbH within the scope of a continual factoring agreement. Payments effectively discharging the debt can only be made to the factoring company to the account with Deutsche Bank AG, BIC: DEUTDEDKXXX, IBAN: DE32 3707 0060 0117 4721 37. Please send checks directly to abcfinance GmbH, Kamekestaße 2 – 8, 50672 Cologne, including the invoice number and our name. Information regarding data protection in accordance with the General Data Protection Regulation of abcfinance GmbH can be accessed at https://www.abcfinance.de/datenschutz.
- Delivery & ShippingYour shipment will leave our facility immediately as soon as the production of all goods has been completed, provided that a customer pick-up was not agreed upon. If agreed to in writing, delivery deadlines are binding. An agreed delivery date is deemed satisfied if the ordered good was delivered to a freight forwarder no later than one calendar day prior to the agreed delivery date. If the delivery is intended to be or must be made via express, courier or similar services to satisfy the agreed delivery deadline, the costs incurred for this will additionally be charged to the customer. If a delivery is delayed, the customer is only entitled to withdraw if a reasonable extended deadline established in writing is not met. Claims for damages are precluded if liability does not necessarily result from statutory regulations. Partial deliveries are permissible and comply with the terms of payment. In the event of overdue items, we reserve the right to withhold any further delivery.
Excess or short deliveries up to 5% of the ordered quantity may not be claimed by the customer. The delivered quantity will be charged. The shipment is fundamentally made only at the expense and risk of the recipient. If nothing else was agreed to, the respectively most inexpensive delivery method that we can use will be selected. If the goods are shipped to the customer at his request, the risk of accidental loss or accidental deterioration of the goods will transfer to the customer upon being shipped to him at the latest when they depart the factory/warehouse. This applies regardless of whether or not the goods are shipped from the place of performance or who is covering the freight costs.
- Retention of TitleThe delivered goods remain the property of Strict Textildruck GmbH until being paid in full. The place of performance and jurisdiction is the headquarters of the accountant. The deliveries are made exclusively under the retention of title.
Ownership is only transferred to the customer if he has settled all of his debts stemming from all deliveries of goods. In the case of a running account, the reserved ownership is considered to be a security for our outstanding balances. The customer is entitled to sell the delivered goods in the customary movement of goods. He is prohibited from pledging or transferring ownership by way of security.
The customer must inform us immediately of a seizure or any other infringement upon our rights by a third party. Any debts arising from resale or any other legal basis (insurance, illicit action) with respect to the reserved goods will be transferred now already for security by the customer to the supplier.
- Rights of RetentionThe customer is only entitled to assert a right of retention to the extent his counterclaim rests on the same contractual relationship.
- Textile ProductsThe availability of the raw goods ordered through Strict Textildruck GmbH depends on the availability of the goods with the respective manufacturer. Potential wait times must be expected; alternative items are offered by Strict Textildruck upon request. Requested raw goods samples are principally charged at a unit price plus shipping costs. Please understand that a take-back is not possible for hygienic reasons and due to the high processing costs. Customary and technically unavoidable tolerances in the delivered goods, e.g. color fluctuations, size issues, minor errors in the knitted fabric, width, and weight are no reason for complaint on the part of the customer. In general, the care instructions as depicted on the textile apply. We reserve the right to deviations in the quality and delivery of the goods, particularly with cotton bags/promotional items, if they are unavoidable due to raw materials or for technical reasons. Therefore, we recommend requesting a quality sample in relation to the order for cotton bags/promotional items in order to avoid a complaint with respect to the color and cotton quality. Strict Textildruck GmbH provides a guarantee on textile prints for washing up to 40°. In addition, please note that textiles that were refined must not be dried in the dryer. Moreover, these textiles must be ironed and washed only on the non-refined site. The cotton bags with advertising prints can fade after washing due to the quality of the material of the print.
- Tonal ValuesStrict Textildruck GmbH works with the Pantone “coated” and HKS “K” color card. We strive to achieve the presented colors as closely as possible, however, when printing textile minor tonal value fluctuations are possible. The applies in particular for 4 color photo halftone printing in offset quality and is not ground for potential claims.
- Cancellation Right / ExchangeCustomer complaints can only be accepted within 5 days after receipt of the goods and must be reported immediately in writing. In the event of loss or damage during shipping, the forwarder must be informed immediately. Our responsibility ceases with the proper relinquishment of the shipment. The customer must cover the postage costs for return shipments. The risk of potential errors transfers to the customer with the declaration of readiness to print. Justified defects will be eliminated within a reasonable period at our discretion through correction or replacement. Other claims stemming from the statutory warranty requirement exist only if the correction or replacement does not occur within a reasonable period or if a feature assured by us is demonstrably lacking.
Liability for defect damage is precluded if it does not exist based on legal provisions. All claims of the customer from justifiably defective deliveries or services lapse within a period of 3 months after delivery. If the order is for contract processing work or further processing of printed products, there is no liability for damage to the product to be refined or further processed if it was not caused by willful intent or gross negligence. The delivered samples are decisive for the quality. For color reproductions, minor deviations from the original cannot be claimed. Likewise, customary or technical deviations from the quality, consistency, the dimensions, the color, etc. cannot be claimed. Strict Textildruck GmbH reserves the right to discontinue processing orders if we contribute to a violation against statutory regulations or common decency due to processing. Services rendered up to this point will be invoiced proportionately. The right to claim damages is limited to willful intent and gross negligence.
- Storage and InsuranceTemplates, raw materials, print substrates, and other objects used for reprocessing, as well as semi-finished and finished products will only be stored following previous agreement and for a special fee beyond the delivery deadline. These objects provided by the customer will be taken care until the delivery deadline. Liability for damages only exists in the case of willful intent or gross negligence. The customer must acquire insurance for these objects himself.
- Ownership and CopyrightStrict Textildruck GmbH cannot be held liable for the violation of patents, trademarks, officially protected drawings and copyright laws, which stem from the submitted customer designs. The customer is solely responsible for the copyright and indemnifies Strict Textildruck GmbH from all claims of third parties. All printed documents, drafts, reproductions, printing screens, etc. prepared by us remain our property provided no other special fee was agreed upon for production.
- Data ProtectionAll data necessary for business processing are stored in our EDP and not passed on to third parties.
13.1 Legal Basis for ProcessingArticle 6 I lit. a DS-GVO (General Data Protection Regulation) serves our company as the legal basis for processing operations, for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for fulfilling a contract, the contracting party of which is the person concerned, as is the case, for example, with processing operations, which are necessary for delivering goods or providing another service or return service, then processing is based on Article 6 I lit. b DS-GVO. The same applies for those processing operations that are required for implementing pre-contractual measures, for example, in cases of requests for our products or services. If our company is subject to a legal obligation, through which processing personal data is required, for example, to fulfill tax obligations, then this processing is based on Article 6 I lit. c DS-GVO. In less common cases, processing of personal data could become necessary to protect the vital interests of the person involved or another natural person. This would be the case, for example, if a visitor was injured at our company and thereupon his name, his age, his insurance information or other vital information had to be provided to a physician, a hospital or other third party. Processing would then be based on Article 6 I lit. d DS-GVO. Finally, processing operations could be based on Article 6 I lit. f DS-GVO. Processing operations, which are not covered by any of the aforementioned legal bases, are based on this legal basis if processing is necessary to protect a legitimate interest of a company or a third party, insofar as the interests, basic rights, and fundamental freedoms of the person concerned do not predominate. These processing operations are permitted for us in particular because they are specifically mentioned by European legislators. In this regard, they maintain that a legitimate interest could have to be assumed if the person concerned is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
13.2 Legitimate Interests in ProcessingLegitimate interests in Processing, which are pursued by the person responsible or a third party, are based on the processing of personal data according to Article 5 I lit. f DS-GVO. Our legitimate interest is the execution of our business activity for the benefit of all our employees and our shareholders.
13.3. Duration of period, for which personal data is storedThe criterion for the storage duration of personal data is the respective statutory retention period. After this period has expired, the respective data is routinely deleted provided it is no longer necessary for fulfilling a contract or contract initiation.
- Severability ClauseShould provisions of these Terms and Conditions be or become fully or partly invalid, or contain a regulatory gap, the applicability of the remaining provisions or parts of these provisions will remain unaffected. The respective statutory regulations will enter into force in place of the invalid or missing provisions.
- Place of Jurisdiction and Performance is Berlin.
- Your contractual partner is:
Managing Director: Joachim S. Müller
+49 (0)30 616 09 650
+49 (0)30 440 12 495
+49 (0)30 440 12 496
Sales tax ID no.: DE264443546
Comm. reg.: 119215
Local Court Berlin Charlottenburg