General terms and conditions
General terms and conditions and customer information
I. Standard business terms
§ 1 Scope of application
(1) The following General Terms and Conditions (in the following referred to as "GTC") apply only to all legal transactions between Print Equipment GmbH & Co. KG as seller and the buyer. Conflicting or deviating terms and conditions of the buyer are not applicable, even if Print Equipment GmbH & Co. KG (in the following referred to as the "seller") is aware of such terms and conditions and unconditionally provides services.
(2) These GTC are applicable to the entire business relationship between buyer and seller, i.e. also to all future transactions, even if the GTC are not expressly agreed again or reference is made to them.
(3) We only supply businesses and entrepreneurs according to § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the selling of products.
(2) The order placed by the buyer, independent of the type of sales channel selected by the buyer, represents a binding offer to enter into a contract.
These GTC therefore are applicable to orders placed in person, by telephone, e-mail or fax, as well as to orders placed via the online store.
(3) The offers of goods in our online store and in the catalogue version represent a non-binding invitation to place a binding order for goods with Print Equipment GmbH & Co. KG to order goods. In the case of an order in our online store, the customer makes a binding offer to purchase the goods in the shopping cart by clicking on the button "send order" (or similar designation).
Subsequently, the buyer receives a confirmation of the order access to the seller by e-mail.
This is not yet an acceptance of the contract offer. The offer of the buyer is accepted by the seller at the latest with the dispatch of the ordered goods. Upon the Buyer's request, a written order confirmation may be sent to the Buyer prior to this.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 day (unless a different period is specified in the respective offer).
(5) Additions and amendments to the agreements made, including these General Terms and Conditions, must be made in writing to be effective. Transmission by telecommunication, in particular by fax or e-mail, shall be sufficient to comply with the written form requirement.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Prices and payment
(1) Unless another price has been expressly agreed in individual cases, all deliveries by Print Equipment GmbH & Co. KG are based on the prices available in the online shop at "www.printequipment.de/en" on the day of the order. Our prices do not include the statutory value added tax.
(2) Unless otherwise agreed, the ordered goods shall be paid for in advance of delivery (cash in advance, cash on delivery, credit card, Paypal). Deliveries against invoice are possible for credit-checked customers if a direct debit authorisation is granted and the corresponding creditworthiness.
(3) For the purpose of credit checks, BÜRGEL Wirtschaftsinformationen GmbH & Co. KG, PO Box 500 166, 22701 Hamburg, Germany, with your address and creditworthiness data stored in its database, including such data determined on the basis of mathematical-statistical methods, provided that we have credibly demonstrated our legitimate interest.
(4) For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, we collect or use probability values, the calculation of which includes address data.
(5) If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate. The debit note is collected within a period of 30 days after the conclusion of the contract. The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
§ 4 Shipping and transfer of risk
(1) The seller is responsible for determining the type of transportation and the shipping route.
(2) For products that require a special transport effort or above-average shipping costs or require unusual packaging materials, the buyer has to bear the additional costs incurred in addition to the usual costs of transport/shipping or the materials. The buyer will be informed of this obligation to bear the costs in good time before the goods are dispatched.
(3) The transfer of risk to the buyer takes place when the goods are handed over to the transport person or when the goods leave the seller's warehouse for the purpose of dispatch. If the shipment is delayed at the request of the buyer or if the buyer is in default of acceptance, the risk shall pass to the buyer as soon as the buyer is notified that the goods are ready for shipment.
§ 5 Delivery period
(1) The effective agreement of delivery dates or delivery periods must be in writing. Information on the delivery time is non-binding unless the delivery date has been bindingly promised.
(2) Delays in delivery and performance due to higher force or due to events for which the seller is not responsible (e.g.: strike, lockout, fire, official orders) extend the delivery periods or dates agreed between the Buyer and the seller by a reasonable period corresponding to the circumstances.
(3) Agreed delivery periods begin with the dispatch of the order confirmation, but not before receipt of the documents to be procured by the buyer and after an agreed down payment and the complete clarification of the technical questions to be answered by the buyer.
(4) The delivery period shall be suspended as long as the buyer is in arrears with one of his performances.
(5) Unforeseeable obstacles, such as operational disruptions of all kinds, difficulties in procuring materials, insofar as they are not due to intent or gross negligence on the part of the seller, and force majeure shall entitle the seller, insofar as they make the fulfilment of the contract more difficult or even only partially impossible, to extend the delivery period accordingly or to withdraw from the contract at its discretion. The seller shall inform the buyer immediately of the beginning and end of such obstacles.
(6) Claims for damages due to delayed delivery or non-performance are excluded, unless the seller is guilty of intent or gross negligence. This exclusion does not apply to damages resulting from injury to life, body or health due to a breach of duty by the seller or one of his vicarious agents.
§ 6 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The seller retains ownership of the supplied goods until all the claims arising from the ongoing business relationship have been settled in full.
The seller shall be entitled to take back the supplied goods if the buyer is in breach of contract, particularly in the case of default of payment. The taking back of the goods by the seller is deemed to be a withdrawal from the contract. After taking back the goods, the seller is authorised to realise them, whereby the realisation proceeds minus reasonable realisation costs will be credited against the buyer's liabilities.
(3) Prior to the transfer of ownership of the goods subject to retention of title, pledges, transfers of ownership by way of security or other dispositions affecting the rights of the seller to the delivered goods are not permitted.
(4) The seller must be immediately informed in writing of any pledges, seizures or other interventions by third parties affecting the rights of the seller to the delivered goods.
(5) You can re-sell the goods within the framework of an orderly transaction. In this case, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
(6) In a situation involving the combination and mixing of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
(7) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Warranty, material defects
(1) The statutory warranty rights for the delivered goods are applicable.
(2) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
(3) We reserve the right to make product changes in the interest of quality improvement. All product illustrations or images are non-binding. Customary deviations in design, samples, colours and properties as well as technical changes are reserved and do not constitute a defect in the delivered goods.
(4) No warranty claims shall arise in the event of unsuitable or improper use or treatment of the delivered item, natural wear and tear (in particular of wearing parts), use of unsuitable operating materials, etc.". The warranty claims expire if the buyer uses spare parts and consumables, such as ink, cleaning agents, etc., which have not been approved by the seller for use with the delivered item or if the buyer does not have the expertise required for the installation of spare parts.
(5) If the delivered goods are found to be faulty, the seller shall first be obliged and entitled to rectify the defect or to make a replacement delivery, at his discretion, within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the client can demand a reduction in the price or withdraw from the contract at his discretion. If the defect is insignificant, the right of withdrawal is excluded. Other warranty claims of the buyer, in particular claims for damages, are excluded.
After a failed second attempt of correcting a defect, the correction attempt is deemed impossible unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions.
In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
(6) The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. With regards to obvious defects or other defects that would have been recognisable in the course of an immediate, careful inspection, they shall be deemed to have been approved by the buyer if the seller does not receive a written notice of defect within (seven) working days after delivery. With regards to other defects, the delivery items shall be deemed to have been approved by the Buyer if the notice of defect is not received by the Seller within (seven) working days after the time at which the defect became apparent; however, if the defect was already apparent at an earlier time during normal use, this earlier time shall be decisive for the commencement of the period for giving notice of defect.
(7) The warranty period lasts one year from delivery or, if acceptance is required, from acceptance. This period shall not apply to claims for damages by the Client arising from injury to life, limb or health, in the event of intentional or grossly negligent breaches of duty by the Seller or its vicarious agents or in the event of fraudulently concealed defects or an assumed guarantee by the Seller, which shall in each case be time-barred in accordance with the statutory provisions.
§ 8 Seller's right to withdraw from the contract
(1) If, after conclusion of the contract, it becomes apparent that the seller's claim for payment is jeopardised by the buyer's inability to perform, the seller shall be entitled to refuse performance and actions preparatory to performance.
(2) The right to refuse performance shall not apply if payment is made or security is provided for it. The seller may set the buyer a reasonable deadline for payment / provision of security. After unsuccessful expiry of the deadline, the seller is entitled to withdraw from the contract.
§ 9 Liability
(1) Claims for damages as well as claims for reimbursement of expenses of the buyer are excluded - irrespective of their legal basis.
(2) The seller is only liable in the case of intent and gross negligence.
(3) The above exemptions from liability shall not apply in the event of mandatory liability under the Product Liability Act, injury to life, body and health of persons, or in the event of a breach of material contractual obligations (cardinal obligations).
In the case of a breach of material contractual obligations, the seller's liability for damages shall be limited to the foreseeable and typical damage.
(4) If the seller manufactures goods on the basis of the buyer's express specifications and if the manufacture of the goods infringes the industrial property rights of third parties, the buyer declares that he shall indemnify the seller against all claims raised in this respect.
§ 10 Data protection
(1) The Seller shall be entitled to process data about the buyer received in connection with the business relationship or in connection with it, irrespective of whether such data originate from the seller himself or from third parties, within the meaning of the Federal Data Protection Act.
§ 11 Statute of Limitations
(1) Notwithstanding any restrictions under §6 (right of retention, reservation of title), all rights of the Buyer against the seller - irrespective of the legal grounds on which they are based - become statute-barred within one year from the statutory commencement of the limitation period, except in the case of liability due to intent.
§ 12 Choice of law, place of fulfilment, jurisdiction
(1) The place of performance for all services arising from the existing business relations is the registered office of the seller.
(2) The place of jurisdiction is the registered office of the seller. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The purchase contract concluded between the parties, as well as all claims and rights arising therefrom and in connection therewith, shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) We only supply businesses and entrepreneurs according to § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
§ 13 Severability clause
(1) Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply in the event that the contract proves to be incomplete.
II. Customer information
1. Identity of the seller
Print Equipment GmbH & Co. KG
In Stühlinger 10
77833 Ottersweier
Germany
Phone: +49 (0) 7223/2815-0
Fax: +49 (0) 7223/2815555
E-mail: info@printequipment.de
VAT ID: DE814310164
Registered in the Commercial Register of the Mannheim District Court
Commercial register number HRA 211183
represented by the personally liable partner:
PhG Breithurst Blue GmbH,
represented by the managing director Mario Panter
Im Stühlinger 10, 77833 Ottersweier, Germany
Registered in the Commercial Register of the Mannheim District Court
Commercial register number HRB 211454
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language is English.
3.2 The complete text of the contract is not saved with us. In case of an order, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and privacy Policy, cancellation Policy and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective offer.
5. Prices and payment arrangements
5.1.The prices mentioned in the respective offers represent total prices, as do the shipping costs. They do not include the statutory sales tax.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 You must also bear the costs arising from money transfers (transfer or exchange rate fees of the credit institutions) in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions and return of good
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button "Terms of delivery and return of goods" on our website or in the respective quote.
6.2 The delivery and shipping operations take place at your own risk.
6.3 If goods are taken back, restocking fees will be incurred. The conditions for this can be viewed and observed under a correspondingly designated button "Terms of delivery and return of goods" on our website.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
Version of the GTC: January 2021