Terms and Conditions of Processing and Delivery (T&C)
General Terms and Conditions of Processing and Delivery (T&C) and consumer information
of the online shops of harder-online gmbh
Section 1 Scope of the T&C, Contracting Parties
1. For all commercial transactions via the online shops ""unserdrucker.de"" and ""labelprint24.com"" and the buyer, customer or Customer, hereinafter referred to as ""Customer"", exclusively the following Terms and Conditions shall apply in the version valid at the time the order was placed. Other conditions of the Customer shall not be recognised by harder-online GmbH (hereinafter referred to as ""harder"") - even if performance has been rendered or payment accepted without reservation -, unless harder expressly agrees to them in writing.
2. You will conclude your contracts with:
Managing Director Stefan Harder
An der Borntelle 4
D 01619 Zeithain
Phone: +49 (0) 751 56168 22
Fax: +49 (0) 751 56168 24
Email: firstname.lastname@example.org; email@example.com
Register court: District Court Dresden,
Commercial Register No.: HRB 28989
VAT ID: 230296876
Section 2 Consulting Services / Advice
1. harder only advises the Customer at his explicit request. Failure to provide information is not deemed as advice.
2. Advice given by harder is based solely on empirical values from within the company, and only encompasses the latest developments in science and technology in a non-binding way. The information in brochures, catalogues and technical documents is not binding; they do not release the Customer from the need to conduct his own investigations.
3. Advice given by harder extends exclusively to the nature of its own products, and not to their use by the Customer or his end-users; however, advice that was given to be applied by the Customer is not binding unless harder has expressly made a written statement confirming otherwise.
4. As product and service-related consulting service, advice by harder extends exclusively to the products and services produced and performed by harder.
It does not include contract-independent advice, i.e. those explanations that were given without services being provided by harder.
§ 3 Object of Contract
The contract covers the manufacture and supply of labels by harder according to the specifications of the Customer.
Section 4 Conclusion of Contract
For all contracts concluded via the online shop under the internet addresses www.unserdrucker.de or www.labelprint24.com, the German language is exclusively available. The contract is concluded as follows:
1. Your order constitutes an offer to harder for the conclusion of a purchase contract.
2. After placing an order at www.unserdrucker.de or labelprint24.com, harder will send you an email confirming the receipt of your order and listing the details of the order (acknowledgement of receipt). The acknowledgement of receipt is only to inform you that harder has received your order; it does not constitute an acceptance of your offer.
3. The contract is only concluded with the confirmation of the order by harder. The dispatch of the ordered labels is also deemed to be a confirmation of the order.
4. harder is not obliged to accept the Customer's order.
5. Missing, incorrect or incomplete information is deemed expressly as not agreed and does not impose any obligations on harder, neither in terms of performance and warranty, nor in terms of compensation claims.
6. If the Customer cancels an order, harder is entitled -without prejudice to the assertion of a higher actual damage - to claim 10% of the delivery or service price for the costs incurred by processing the order and for the loss of prospective profits. The Customer has the right to provide evidence of lower damage.
Section 5 Order Placement, Customer Account, Data Check
1. On the websites of www.unserdrucker.de and www.labelprint24.com, the Customer is given access to the so-called calculator, with whose help he can calculate the price of the desired labels by entering the appropriate parameters and finally clicking on ""Calculate"". By clicking the ""Calculate"" button, the Customer is not submitting a binding order.
2. In order to submit an order with harder, the Customer must first open a customer account with which the Customer can log into the online shop. Setting up a customer account is free of charge and does not constitute a binding order either.
3. If the Customer is logged in via his account, he has the option of uploading his own ready-to-print data for the label previously calculated and to see a preview of the label.
4. The data made available to harder by the Customer within the framework of his order is not reviewed by harder; the responsibility for the accuracy of the information provided lies solely with the Customer.
5. This does not apply for data that obviously cannot be processed or read, or if an express agreement (data check) has been made.
harder subjects the data to a free basic check, in which the file format, embedded fonts, colours and/or correct colour space are verified.
6. By activating the box ""Data Check"" the data are fully tested for printability. This is subject to a fee of € 12.00 per data check.
7. The Customer places a binding order for the calculated label by clicking the ""Order Now"" button after having entered all the required information . The order, however, can only be submitted and sent to harder if the Customer has previously accepted the validity of these Terms by clicking the ""Accept T&C"" button, and thus made them the basis of his order. The Customer is bound to his order.
8. By logging into his customer account the Customer can subsequently track the progress of his orders. The purchase order text is stored with harder and can be accessed at any time by the Customer, and printed or locally stored on his computer.
9. The Customer may cancel his customer account at any time by sending an email with his customer data to firstname.lastname@example.org or email@example.com.
Section 6 Proof
The Customer has the option to request a paid proof. If after the presentation of the proof he chooses not to release it for printing, he will be charged the expenses for the production of the proofs. If the Customer gives his approval for printing, the cost of creating the proof is included in the price quoted for job.
Section 7 NO CANCELLATION or RETURN POLICY
The right of cancellation and return by the Customer as defined in Article 312 of the German Civil Code (BGB) does not exist, on account of the legal regulation in Article 312d para. 4, sentence 1 BGB due to the fact that the object of contract consists in the manufacture of labels according to individual customer requirements which cannot be sold by harder otherwise.
Section 8 Order Changes
1. If, after concluding the contract, the Customer wishes to make changes to the object of delivery or performance, this will require a separate contractual agreement.
2. In the case of missing or incorrect information, harder reserves the right to make the adequate changes to the object of delivery or performance.
Section 9 Delivery, Delivery Time
1. Unless otherwise agreed, delivery shall be made to the address supplied by the Customer.
2. Our deliveries are made - nonwithstanding Article 271 BGB - according to the production of the ordered goods in the ordinary course of business
3. If a delivery or performance period has been agreed, it begins with the sending of the order confirmation, but not before all details of the order were completely clarified and the Customer has fulfilled all of his duties of cooperation to this end; the same applies to delivery or performance deadlines.
If changes to the object of contract have been mutually agreed, delivery or performance periods and delivery or performance deadlines must be renegotiated.
This applies even if the object of contract was renegotiated after contract conclusion without a change being made to the object of the contract.
4. Delivery or performance deadlines and dates apply under the condition of fault-free and timely supply of the required data and of there being no unforeseeable production failures.
5. The delivery or performance time is deemed as met if the item scheduled for delivery or performance has left the works of harder or harder has given notification of readiness for collection before said period expires.
6. If the delivery or performance is delayed by the Customer, harder is entitled to charge storage costs for each month or part thereof in the amount of 0.5%, not exceeding, however, a total of 5% of the delivery or service price.
The contracting parties are free to prove higher or lower storage costs.
harder is entitled to determine a suitable repository and to insure the delivery or service items at the cost and risk of the Customer.
7. harder is entitled to deliver the agreed goods or service earlier than the time agreed.
8. Partial deliveries or services are allowed and can be invoiced separately.
9. Products accruing to the Customer, in particular data and data carriers, will only be archived by harder beyond the date of delivery of the goods if expressly agreed upon, and for an extra fee.
Section 10 Obstacles to delivery and performance
1. in cases of force majeure, harder shall be released from the corresponding obligation to fulfil the contractual obligations and from any liability for damages or any other contractual remedy for breach of contract in this connection from the time at which the impediment makes it impossible for harder to deliver or provide the service, provided that this is notified to the Customer without delay. If the notification is not made immediately, the release shall take effect from the time at which the notification is received by the principal. harder shall immediately reimburse the Customer for any services already rendered by the Customer.
2. "Force majeure" means the occurrence of an event or circumstance which prevents harder from performing one or more of harder's obligations under the contract if and to the extent that harder proves that: (a) such hindrance is beyond the reasonable control of harder; and (b) it was not reasonably foreseeable at the time of entering into the Contract; and (c) the effects of the hindrance could not reasonably have been avoided or overcome by harder. In the absence of proof to the contrary, force majeure shall be presumed to exist in the following events:
(i) War (declared or undeclared), hostilities, attack, acts of foreign enemies, large-scale military mobilisation;
(ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;
(iii) Monetary and trade restrictions, embargoes, sanctions;
(iv) lawful or unlawful acts of government, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalisation;
(v) Plague, epidemic, natural disaster or extreme natural event;
(vi) explosion, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems or power;
(vii) general labour disturbances such as boycotts, strikes and lockouts, slowdowns, occupation of factories and buildings.
3. If the effect of the alleged impediment or event is temporary, the consequences set out in Clause 1 shall apply only for so long as the alleged impediment prevents harder from performing the contract.
4. if the duration of the asserted impediment results in the contracting parties being deprived to a significant extent of what they could reasonably expect by virtue of the contract, both contracting parties have the right to terminate the contract by notifying the other contracting party within a reasonable period of time. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 60 days.
5. Harder is also entitled to withdraw from the contract if harder, through no fault of its own, is not supplied by one of its own suppliers despite its contractual obligation to do so and is therefore unable to meet its own delivery or service obligations to the Customer. In this case harder will immediately inform the Customer of the non-availability of the delivery item or service and will immediately reimburse the Customer for any services rendered.
6. Harder shall also be entitled to the rights set out in § 8 if harder was already in default when these circumstances arose.
Section 11 Prices, Postage and Shipping Costs
1. Before the contracting party submits a binding order, they will be informed of the price of the object of contract; the Customer shall subsequently confirm it by his placement of a binding order. Unless otherwise agreed, the agreed prices are in euros in accordance with the clause EXW (ex works) of INCOTERMS 2010 plus VAT, freight, packaging and shipping insurance costs as well as additional shipping fees.
The legal VAT included in the prices as well as other price components will be shown separately on the invoice.
2. Delivery for orders made via the online shop ""unserdrucker.de"" and ""labelprint24.com"" is free of charge within Germany and the countries of the EU.
For deliveries to other countries, shipping costs will be calculated separately.
3. For orders that are shipped outside of Germany, import taxes, customs fees and charges may be levied in the country of destination. Import duties and taxes are imposed by the corresponding customs office and shall be borne by the recipient. These depend on the import regulations of the destination country. Further information can be obtained by the Customer at the competent customs office.
4. harder will only take out insurance on the goods to be shipped at the request and expense of the Customer.
Section 12 Payment, Payment Options, Default
1. The Customer agrees to pay the agreed price. Payment is due upon conclusion of the contract through the receipt by the Customer of the contractual item and the invoice.
2. Invoices are payable by the Customer immediately upon receipt. They shall be paid without any deductions. In the case of non-payment, the Customer will be in default as soon s the payment is due, without a further reminder being required. Discounts and rebates are not granted.
3. The Customer can pay the purchase price via direct debit or PayPal.
If the Customer is not domiciled in the Federal Republic of Germany, payment is only possible via PayPal.
In order to safeguard our credit risk, harder expressly reserves the right to make deliveries only against PayPal or advance payment.
4. harder expressly reserves the right to accept bills of exchange or checks. Bills of exchange or checks are subject to approval by harder and only accepted on account of performance; they are not considered payment until they have been credited without reservation.
5. Article 286 para. 3 BGB shall apply, according to which the Customer shall be deemed to be in default 30 days after the purchase price was due.
6. If payment is delayed, rescheduled or partially performed, and insofar as the Customer is an entrepreneur in accordance with Article 14 BGB, harder is entitled to charge an interest at the rate of 8 percent p.a. above the relevant base interest rate. If the customer is a consumer according to Article 13 BGB, harder is entitled to charge interests for default at the rate of 5 percent p.a. above the relevant base interest rate.
In addition, harder is entitled to withhold further services until settlement of all due invoices. The right to provide evidence of higher damage is reserved.
7. harder is entitled to demand a reasonable advance payment upon conclusion of contract. Interest is not paid for this.
8. If there are several outstanding claims by harder against the Customer and payments by the Customer cannot be attributed to one particular claim, harder entitled to determine to which of the outstanding claims payment has been made.
9. If there are reasonable doubts about the solvency and creditworthiness of the Customer, harder is entitled to request advance payment, or the furnishing of an appropriate security for the performance to be provided by the Customer.
If the Customer is not willing to pay in advance or furnish the security, harder is entitled, after a reasonable period, to withdraw from these contracts and to claim damages for non-performance.
10. Periods granted for payment are cancelled and outstanding receivables are due for immediate payment if insolvency proceedings are opened against the assets of the Customer, or if the Customer has provided inaccurate information regarding his creditworthiness or if there are other justifiable doubts as to the solvency and creditworthiness of the Customer.
11. Set-off rights against the claims of harder are only granted to the Customer if the counterclaim is acknowledged or legally established.
The assignment of claims against harder requires the consent of harder.
12. A right of retention of the Customer shall only exist if the counterclaim is based on the same contractual relationship and is recognised or legally established, or if harder has significantly violated its obligations arising from the same contractual relationship despite a written reminder and without providing an appropriate security.
If there is no doubt as to the defectiveness of a service provided by harder, the Customer is entitled to retention only to the extent that the amount retained is in reasonable proportion to the defect and the anticipated costs of remedying the defect.
13. The payment dates shall remain the same even if there are delays in the delivery for which harder cannot be held responsible.
14. harder is entitled to amend the agreed price accordingly if, before or during the execution of the order, it was necessary to modify the data and documents provided by the Customer due to errors or other changes desired by the Customer.
15. Sketches, drafts, specimen sets, test prints, proofs, changes made to delivered or transmitted data and similar preliminary work requested by the Customer will be charged separately. The corresponding prices will be communicated to the Customer during the ordering process before he places his binding order.
Section 13 Place of Performance, Acceptance, Transfer of Risk, Packaging
1. Place of performance for the commissioned services is the plant of harder. Unless otherwise agreed in writing, harder will dispatch the goods to the destination specified by the Customer.
2. The Customer is obliged to accept the delivery.
3. The risk of any errors in the goods is transferred to the Customer once permission to print has been given, provided that these errors did not result from the production process after approval for printing was given, or could not be detected.
4. The risk of destruction, loss or damage to the goods shall pass to the Customer after notice of readiness for dispatch was given and with the dispatch of the goods or their transfer to the contracted carrier.
5. Unless a different arrangement was made harder will determine the nature and extent of the packaging. Disposable packaging will be disposed of by the Customer.
6. If the goods are shipped in returnable packaging, said packaging must be returned carriage paid within 30 days of receipt of the shipment. Returnable packaging is visibly marked as such by harder. The Customer shall be responsible for loss and damage to the returnable packaging.
Returnable packaging may not be used for other purposes or to hold other items. It is intended solely for the carriage of the delivered goods. Labels must not be removed.
7. In case of damage or loss of goods during transport an inspection must be immediately carried out and harder notified of the results. Claims for any transport damage must be immediately submitted to the carrier by the Customer.
Section 14 Obligation of Examination and Notification of Defects
1. If the Customer is a consumer pursuant to Article 13 BGB, deliveries must be examined within a reasonable time and immediately claimed in the event of a defect. Preliminary and intermediate products that were submitted for proofing must, insofar that the Customer is a consumer pursuant to Article 13 BGB, be promptly examined by the Customer and defects immediately claimed.
With regard to companies within the meaning of Article 14 BGB, the provisions of Article 377 of the German Commercial Code (HGB) and comparable foreign regulations shall apply. For services and the performance of works Article 377 HGB shall apply mutatis mutandis for entrepreneurs. Notices of defects shall be in writing.
2. The use of defective goods or services is prohibited. If it was not possible to discover a defect on the receipt of goods or provision of services, all further use of the supplied item or service must be discontinued immediately upon discovery. The Customer shall bear the burden of proof of the presence of a hidden defect.
3. The Customer shall surrender the defective goods to harder and give harder the necessary time to verify the claimed defect. In case of unjustified complaints harder reserves the right to charge the Customer the costs incurred for examination.
4. The complaint does not relieve the Customer from compliance with his payment obligations.
5. Defects in a part of the delivered goods shall not entitle the Customer to reject the entire delivery, unless the partial delivery is of no interest for the Customer.
6. With respect to colour reproductions, regardless of the production methods, slight deviations from the original do not constitute a defect. The same shall apply for the comparison between other templates (e.g. proofs) and the final product.
Section 15 Warranty
1. If a defect exists in the product supplied, the statutory provisions within the meaning of Article 13 BGB shall apply for the consumer, unless otherwise agreed.
If the customer is an entrepreneur in accordance with Article 14 BGB, harder shall, in the event of a defect in the product delivered, be entitled at its own discretion to remedy the defect, to replace the goods or to issue a credit note within a reasonable period.
2. If supplementary performance is accomplished by way of replacement of goods, the Customer is obliged to send back the goods to harder within 30 days at their expense.
3. For replacements and repairs the same warranty conditions apply as for the originally delivered goods.
4. Excess or shortfall of delivery quantities up to 10% of the ordered quantity do not constitute a defect and may not be claimed. The quantity delivered will be invoiced. For deliveries involving custom-made paper products under 1,000 kg, the percentage is increased to 20%, under 2,000 kg to 15%.
Section 16 Defects of Title, Intellectual Property Rights
1. Orders according to drawings, sketches or other information handed over to harder shall be performed at the risk of the Customer. If on implementation of such orders harder infringes upon third party property rights, the Customer shall exempt harder from any claims by the owner of such rights. Further losses shall be borne by the Customer.
2. harder does not assume any liability for any infringement of existing property rights that may arise in connection with the application of the delivered items or objects of performance or associated with their use with other products.
3. In case of defects of title harder is entitled at its discretion:
- to obtain the necessary licenses relating to the infringed property rights
- or to remove the shortcomings of the delivered item or object of performance by providing a delivery item or object of performance which has been modified to an extent that can be reasonably expected to be acceptable to the Customer.
4. The liability of harder for the infringement of third party rights extends moreover only to those rights that are registered and published in Germany.
Section 17 Liability
1. harder shall solely be liable for the obligations of the company with the company's assets.
2. In the case of slight negligence, harder shall only be liable for breach of an essential contractual obligation. In the event of gross negligence, Harder will also be liable if it breaches minor contractual obligations. Major contractual obligations are those obligations whose fulfilment is indispensable for the proper execution of the contract and on the observance of which the contractual partner is able to rely.
The liability is limited in the above cases to the foreseeable damage typically occurring under this type of contract.
3. Claims for damages resulting from wilful violation of contractual obligations by harder, claims for personal injury and claims under the Product Liability Act are subject to the statutory provisions.
4. For tort claims harder shall be liable in accordance with contractual liability.
5. Any other liability for damages than those set out in the above provisions is excluded.
6. To the extent that liability from our side is excluded or restricted, this also applies to the personal liability of our employees, staff member, workers, representatives and vicarious agents.
7. Otherwise, the statutory provisions shall apply.
Section 18 Limitation
1. The limitation period for claims and rights due to defects in the products, services and performances of harder, and losses resulting therefrom, shall be one year for entrepreneurs in accordance with Article 14 BGB. The beginning of the limitation period is governed by the statutory provisions. This shall not apply insofar as the law stipulates longer periods pursuant to Article 438 para. 1, no. 2, 479 and 634a para. 1 no. 2 BGB.
2. The statute of limitations according to the aforementioned paragraph 1 shall not apply in case of intent, if harder fraudulently concealed the defect, to claims for damages due to personal injury or injury to a person's liberty, claims under the Product Liability Act or grossly negligent breaches of duty.
3. Measures taken as part of subsequent performance neither suspend the statute of limitations applicable to the original performance, nor do they cause the limitation period to start anew.
4. For consumers the statutory limitation periods pursuant to Article 13 BGB shall apply.
Section 19 Retention of Title
1. Until full payment has been made, the delivered goods remain the property of harder.
We reserve all ownership rights, copyrights and other intellectual property rights for the provided illustrations.
2. If our property is processed, incorporated into or mixed with the property of another, we shall acquire ownership of the new item in accordance with Article 947 BGB.
3. The Customer shall be entitled to sell the item of which we are the co-owners in the ordinary course of business, provided he meets his obligations resulting from the business relationship with us. In this case, the claim resulting from the sale is deemed as assigned to us in the ratio of the value of the performance by harder secured by our reservation of title to the total value of the goods sold. The Customer shall also remain entitled to collect this receivable even after the assignment. Our entitlement to collect the receivables ourselves remains unaffected.
4. The right of the Customer to dispose of the goods subject to our reservation of title and to collect the claims assigned to us expires as soon as he no longer fulfils his payment obligations and/or a petition is filed to open insolvency proceedings. In all the aforesaid cases, as well as in the case of any other breach of contract by the Customer, we are entitled to take back the goods subject to retention of title without warning.
Section 20 Place of Jurisdiction, Applicable Law, Language
1. The statutory place of jurisdiction shall apply in accordance with Article 13 BGB for consumers.
With respect to entrepreneurs in accordance with Article 14 BGB, place of jurisdiction shall either be the court responsible at the seat of the registered office of harder or the legal venue of the Customer, at the discretion of harder.
2. Place of performance for payments to harder arising from the business relationship shall be the registered office of harder.
3. The business relationships with the Customer are exclusively governed by the law of the Federal Republic of Germany. Application of the CISG (UN Convention on Contracts for the International sale of Goods) is excluded.
4. If any part of these Terms is invalid, the validity of the remaining provisions shall not be affected. The contracting parties shall endeavour to replace the invalid clause by another clause that best meets the economic purpose and comes closest to the legislative intent of the original formulation.
5. The language of contract is German.
Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/.