Order information and general Terms & Conditions of Business (TCB)
A. Order information
The following text contains information relating to the creation of a contract and its implementation based on an order and its subsequent processing. These declarations are purely informative in nature and do not constitute contractual provisions. These are included in the following general terms & conditions of business. The directive governing information and verification obligations based on German Civil Law (BGB information obligations directive - BGB-InfoV) stipulates that we are required to grant you the ability to print or store this information on your own systems. This ensures that the information involved is available to you offline at all times, even after conclusion of the contract.
I. Information about the operator
The operator of this portal is
Straub Druck + Medien AG
Max-Planck-Strasse 17 - 19
Tel.: +49 7422 513-0
Fax: +49 7422 513-24
Company head office: D-78713 Schramberg
Sales tax ID number: DE812045342
Chairman of the Board of Management: Francisco Martinez
Chairman of the Supervisory Board: Andreas Stauch
Court of registration: Stuttgart District Court [Amtsgericht] (HRB 481316)
Bids to which external links point lead to the content and products of other bidders (third parties). We make reference to this in the disclaimer in our legal details.
II. Information on the right of revocation / return of goods
You are always entitled to cancel the contract within 14 days of receipt of goods without the need to provide reasons for your action. Details on the right of revocation / return of goods can be found in our general terms & conditions of business.
III.Information about warranty rights
Details on the warranty can be found in our general terms & conditions of business. The goods must be examined for obvious signs of defects immediately after delivery. If any such defects are found to exist, they must be notified immediately to the operator. An e-mail sent firstname.lastname@example.org is sufficient for this. Beyond the legal warranty period, no guarantees are provided in relation to goods and services.
IV. Other information about the contract
General terms & conditions of business
Our general terms & conditions of business apply in their most recent version.
You can view product descriptions on the website that guided you to this portal and on the website to which this portal guides you, and also in this portal. The price(s) for the individual product(s) you have selected is/are also indicated.
Payment, fulfillment, delivery
You can independently define details relating to payment, delivery and fulfillment by selecting the type of payment and the mode of shipment.
The dates named in the bid for tender and/or in the confirmation of order for a delivery are subject to the current status of planning. They are not binding, instead simply indicating the anticipated date of delivery. Fundamentally, we only supply to addresses in Germany. Should delivery outside Germany be desired, prior agreement must be reached with us.
V. Procedure for concluding a contract
A binding bid for tender comes into being when you individually put together a product and submit your order details after careful examination of them. Should you establish that incorrect details were recorded, you are able to amend them. The ordering procedure draws attention to this specific point.
Receipt of your order is confirmed to you immediately after the order has been sent. A contract is concluded when the operator accepts the order and sends an e-mail confirmation to this effect.
VI. Information about the accessibility of contractual provisions
For the purposes of processing the contract, we save your order details and personal details. You then receive information about the coming into the being of the contact and its fulfillment by e-mail with the confirmation of order. You can save this e-mail on your computer and you then have access to the data at any time. You can also view your order details and your personal details in our customer area at any time.
VII. Information about your data
We use the personal details provided by you for order purposes (e.g. name, address, payment details) exclusively to fulfill and process the contract. Subject to authorized interest, we communicate adverse details, in particular information about conduct inappropriate to the contractual relationship to the relevant authorities in Germany [Schufa]. You can find additional information about this in our general terms & conditions of business. By placing an order, you have expressly consented to our using your details to keep you informed at future dates of new products and of other new features in our range of goods and services. You can revoke your consent to this at any time. We refer to our declaration about data protection and data security with regard to compliance with the provisions of the German Data Protection Act. You can call up and print this declaration at 'Datenschutz [Data Protection]'.
B. General terms & conditions of business
Section 1 General
Die Straub Druck + Medien AG,
Max-Planck-Strasse 17 - 19,
- hereinafter called Straub Druck + Medien -
is the operator of this website and is a specialist manufacturer of printed and media products (e.g. books, catalogs, annual reports, image brochures, product flyers, promotional brochures and mailshots etc.).
The following general terms & conditions of business apply solely to all orders and/or contracts relating to the provision by the operator of goods and services to customers in the version current at the time this contract is concluded on the Internet. These TCB can be saved and/or printed out by the customer on his computer for the purposes of online ordering. In business correspondence with companies and with legal entities as defined under civil law, these also apply to all future business relations, even if this has not been agreed expressly. Terms and conditions that deviate from this are expressly overruled.
Section 2 Definition of terms
These general terms & conditions of business define
users / customers
as persons who visit and use the service of this portal;
as Straub Druck + Medien AG, Max-Planck-Strasse 17 - 19, D-78713 Schramberg
as persons who provide their services on this portal
as all kinds of service, in particular company and plant services as well as deliveries, plant deliveries and complementary business provisions;
as an Internet platform via which services can be offered;
as the first-time log-in and authorization for long-term usage of the portal;
as a combination of numerals and/or letters that, following successful registration in combination with an e-mail address enables a customer / a user to access services;
as the personal account of the customer / the user to which the customer / the user obtains access after entering an e-mail address and a password;
as a digital print preview of the print-free data converted for reproduction purposes, and a close simulation of the colors of the subsequent hard copy version;
a digital printout based on the quality standards defined in DIN ISO 12647-7 comprising a digital printout of the print-ready data converted for reproduction purposes;
as Monday to Friday with the exception of national holidays;
normal working hours
as Monday to Friday, 24/24.
Section 3 Registration
The receipt of services from the operator or from a contractor requires prior and long-term registration on this portal. Registration involves the input of the required details on an online form provided for this purpose. Registration is concluded by clicking a button.
The operator is also entitled, once all prerequisites for registration are in place, to reject a registration without having to provide reasons for doing so.
If it emerges in the course of a contractual relationship that the customer / the user has become insolvent or unwilling to pay, or violates applicable legislation, the operator is then entitled to cancel the registration.
Section 4 Communication with the customer
Communication with the customer / the user takes place primarily by e-mail. The customer / the user is therefore obliged to pay careful attention to assuring the reception of e-mails. In particular, the customer / the user must provide an e-mail address for the ensuing business transaction, and must do so no later than when the order is placed. The customer / the user is obliged to notify the operator immediately of every change of address. He is obliged to make no changes to the settings of his e-mail program and/or his e-mail postbox that might adversely affect the reception of e-mails or lead to e-mails not being noticed by him, e.g. because they are sent to a spam folder.
Section 5 Creditworthiness check, SCHUFA clause
The operator is entitled, for the purposes of checking the creditworthiness of the customer / the user when transacting business to obtain information involving personal details and to process these, to the extent required to safeguard the authorized interests of the operator and of a contractor, and to avoid any impairing of the IPR entitlements of the customer / the user. The data communicated in this process are then only used and processed for this purpose. The customer / the user can then obtain information about their details saved for the purpose of transacting business.
This information is obtained from the following business information services: Verband der Vereine Creditreform e.V., Hellersbergstrasse 12, D-41460 Neuss, Germany
The customer / the user consents to information about them being obtained from SCHUFA HOLDING AG, Kormoranweg 5, 65201 Wiesbaden. Furthermore, the customer / the user consents to any contractually inappropriate conduct on his part being communicated to SCHUFA. The German Data Protection Act [Bundesdatenschutzgesetz] requires that reports of this kind are only permitted after consideration of all related interests.
SCHUFA saves and communicates data to its contract partners within the EU internal market to provide those partners with information enabling the creditworthiness of natural persons to be assessed. The main contract partners of SCHUFA are banks, credit card companies and leasing companies. In addition, SCHUFA also issues information to trading, telecommunications and other companies that provide goods and services on a credit basis. SCHUFA only provides personal details if an authorized interest can be presented credibly in individual cases.
To establish details of debtors, SCHUFA releases address details. When providing information, SCHUFA can also advise its contract partners, on the basis of its data records, of a computed level of probability of default, i.e. a rating of credit risk (a scoring process). The customer / the user can obtain information from SCHUFA about the data it has on record about them. There is a document containing information about the SCHUFA information and scoring process. A copy can be made available on request. The address of SCHUFA is as follows: SCHUFA HOLDING AG, Verbraucherservice, Postfach 56 40, 30056 Hanover, Germany.
Section 6 Conclusion of contract
-`For ordering purposes, the customer / the user first selects an individual product, then fills in the online forms that appear on screen, then checks the overview page that follows for the accuracy of his data input, then concludes the ordering process by pressing a button. Once this order has been concluded, the customer / the user issues a binding quotation. Once the order has been sent off successfully, the customer / the user receives an e-mail confirming the arrival of the order and notifying the customer / the user of all the information they require for the order and about the product. However, this confirmation e-mail does not constitute acceptance of an order. The conclusion of a contract and therefore a contractually binding arrangement about individual services does not come into being until the operator or the contractor expressly accepts the bid for tender by submitting a confirmation of order or by firm and clear action, in particular by preparing the goods for dispatch.
The customer / the user can terminate the order at any time by closing the browser window. The overview page that appears before final conclusion of the order enables the customer / the user to check his details for data input errors one last time and, if an input error does exist, to correct this by pressing a button. All contracts may only be concluded in German. The order details are saved, and are then sent to the customer / the user with a confirmation e-mail, and if the documents get lost, this can be transmitted to the customer / the user on request by the customer / user in order to obtain reimbursement for expenditure incurred.
Section 7 Services of the operator
The content of the services due is detailed in the order confirmation.
The manufacture of printed items for which offset printing was requested, in the absence of any written agreement to the contrary in relation to individual items, shall take place in accordance with the standardized procedure for offset printing with process colors defined by FOGRA, the German research institute for the graphic industry [Forschungsinstitut der grafischen Industrie] together with bvdm, the German association for print and media [Bundesverband für Druck und Medien] that is also defined in DIN ISO 12647.
The following tolerances are agreed upon: One millimeter (1 mm) for each of the three processes involved, i.e. cutting, folding, and stapling.
Slight color deviations can occur. This is also true of color deviations from an earlier order printed by the operator.
Any change or addition to an order requires a change-of-contract or an addition-to-contract agreement to be concluded. Every change requested by the customer / the user is an offer to the operator and/or the contractor to conclude a cancellation contract for the first order, together with the offer to conclude a new contract. The operator and/or the contractor is not obliged to accept the offer of the customer / the user.
The service obligations of the operator do not include transmitting the print data required to fulfill an order. Unless otherwise agreed in individual cases, this involves an obligation to collaborate on the part of the customer / the user.
The operator and/or the contractor is entitled at any time to deliver partial services provided that it is reasonable for the customer / the user to accept these, and if it is possible to assume at the time that the partial service is delivered that delivery of the balance is assured at a later point in time. In the event of premature termination of the order by the customer, the calculation of partial services is based on the following sliding scale: Costs incurred by orders prior to printing = 25%, after printing = 75%, on completion = 95%.
Furthermore, in relation with the assignment of printed materials, reference is made to theperformance and delivery conditions for print services. These can be saved and/or printed out by the customer on his computer.
Section 8 Print data
The operator performs all print orders exclusively on the basis of the print data transmitted by the customer / the user. This data must only be communicated in the formats and with the specifications named in the customer information documents, in particular under the 'print data' heading. In the event of deviating data formats or other specifications, error-free printing cannot be assured. The customer / the user must take care to ensure that he keeps copies of the print data that comply with the customer information documents because the print data are deleted by the operator after completion of the print products. In cases where the customer / the user wishes to retain data from the order-related print data, a special order must be concluded for this purpose with the operator.
The customer / the user is solely responsible for the contents of the data transmitted. In terms of content, the customer / user is prohibited from transmitting pornographic or extremist left or right-wing materials, or racist, discriminatory, youth-endangering or violence-promoting content or similar material that violates the German Constitution. If the customer / the user violates this obligation, the operator and/or the contractor is entitled to terminate the contract on extraordinary grounds without notice, and to charge for all services provided up to that point. Further rights and claims remain unaffected. In particular, attention is drawn to the fact that the operator and/or the contractor is obliged to involve the criminal prosecution services immediately upon becoming aware of violations of currently applicable prohibition standards.
The customer / the user is obliged to check the print data communicated to himself before sending it to the operator to ensure that it is suitable for the print order to be carried out, and to ensure that it satisfies the preceding requirements.
Section 9 Examination of the print data by Straub Druck + Medien AG
The operator is only obliged to examine print data to the extent arising from guidance provided by the operator in relation to the order process (known as the 'data check'). If the operator detects obvious errors in the print data, he shall advise the customer of these. The customer is able to have the data provided by the operator edited - in return for a corresponding level of remuneration - in respect of their printability. Alternatively, he may choose to supply fault-free data immediately, or to have the defective data printed.
The operator does not then check the print data again. The customer is solely responsible for the risk of errors occurring in the printed products as a consequence of incorrect printing data.
The operator and/or the contractor is entitled but is not obliged to inspect the content to ensure that it does not violate the prohibition contained in Section 8, Para. 2.
Section 10 Conversion, color mode when using printing data provided by the customer, color mode when using public-domain printing data
The operator is not obliged to convert printing data. In individual cases, if the parties agree to conversion of this kind, that conversion process is performed at the risk of the customer / the user. Conversions entail the general risk of data getting lose as a consequence of the conversion process, or may come to be depicted in a form other than the initial format.
When using printing data provided by the customer, whenever printing data are processed in a color mode other than CMYK, all risk associated with that printing operation shall be borne by the customer / the user. In particular, when processing RGB data or ICC color profiles, this can naturally give rise to color deviations from the original.
The processing of printing data using 'SPotcolour Simulation' printing technology involves the use of a specifically developed simulation curve. SPotcolour Simulation involves the simulation of special color imprints; commercially standard special colors are not used. Due to this, compared to these special colors, color deviations can occur.
Section 11 Proofs
As an additional cost item, the customer / the user can demand the production of paperproofs and screenproofs (proofs). Due to the different printing techniques, the print image of a paperproof may contain slight variations from the printed result obtained from offset or digital printing. Due to the screen display, this only applies to a limited extent to screenproofs. Nevertheless, the operator always endeavors to produce proofs that reflect the original as closely as possible.
In the event of the kind of incident described in Para. 1 occurring, the customer / the user is obliged, in the absence of complaints and immediately after delivery of the proof, to sign off the proof for printing. By signing off the proof, the customer / the user confirms the printing data in the form embodied in the proof based on agreed quality standards, tolerances and color deviations.
If the customer / the user rejects the proof, he must send the operator a revised set of printing data (collaborative action by the customer). In this event, the original service deadline chosen by the customer / the user begins again from the date of receipt of the revised data.
Section 12 Proof-reading, layout, formating
These services are based on the agreed services, but are not posited on a successful outcome; for this, the customer / the user bears personal responsibility. The operator and/or the contractor is entitled to use professionally competent people to carry out this work.
Documents and data produced in the course of service delivery the the operator and/or contractor are only intended for the personal purposes of the customer / the user. Forwarding these documents / data to third parties requires the written consent of the operator and/or the contractor, unless due consent for such an action is already built into the contract.
Subsequent changes to the documents / data produced by the operator and/or contractor made by the customer / the user or third parties release the contractor and/or the operator from any warranty obligation or liability.
Within the scope of applicable legislation, the operator and/or contractor is obliged to maintain confidentiality in respect of all facts learned by them while working for the customer / the user, except in cases where the the customer / the user releases them from this non-disclosure obligation, or where the facts are already in, or subsequently enter, the public domain without the involvement of the operator and/or contractor.
The operator and/or contractor is entitled to process personal details of the customer / the user entrusted to them for an intended purpose, or to arrange to have them processed by a third party.
After satisfying the claims from a given service relationship, the operator and/or the contractor is obliged, when called upon to do so by the customer / the user to return all documents received from the customer / user for the purpose of delivering an agreed service. The operator and/or contractor shall destroy / delete the documents / data furnished to him, as well as documents produced by himself in the context of this order, and shall do so within no more than 24 months. If the customer / the user does not wish for this to happen, a separate data backup order can be agreed with the operator and/or contractor.
Section 13 Prices
The prices for the services due from the operator and/or the contractor result from the details on the web pages that make reference to this portal, or from the portal itself, from the order confirmation and, where necessary from agreed contractual changes and additions as well as, where this is helpful, from the current Euro-denominated price list applicable at the time of delivery of a given service.
The stated prices include packaging, once-only dispatch to the customer / the user and legal sales tax, unless otherwise indicated in the order confirmation. In the event of a delivery to a country other than Germany, and in the absence of any alternative regulation, the price does not include taxes, outlays and customs duty. These costs are not included in the price and must be paid separately by the customer / the user.
Costs caused by changes to printing data occasioned by the customer / the user - after order confirmation by the operator - shall be billed separately.
Section 14 Invoicing and payment
Invoicing (billing) of the customer / the user is performed by Straub Druck + Medien AG. Invoices are sent out by e-mail. These invoices make it possible to deduct tax at source without restriction. No hard copy of the invoice needs to be produced.
If, as is most frequently the case, payment in advance has been agreed, that payment shall be made by credit card or in some appropriate manner. In the event of additional services being provided by the operator and/or the contractor during the delivery of agreed service levels, and of these not being paid in advance, payment shall fall due on completion. Here too, payment should be made by credit card or in some appropriate manner. For this, the customer / the user grants consent on conclusion of the contract.
Invoices must be paid immediately after receipt of invoice, without deduction.
The billing party is entitled, despite provisions to the contrary by the customer / the user in the first instance to offset payments against the other party's older debts, and to inform the customer / the user of this form of completed billing. If costs and interest charges have already been incurred, the billing party is entitled to offset payment first of all against the costs, then against the interest charges, and finally against the primary service.
A payment is only deemed to have been made if the operator and/or the contractor has access to cleared funds. In the case of payment by check, payment has not been made until the check has been cleared.
If the billing party becomes aware of circumstances that raise a question mark over the credit-worthiness of the customer / the user (e.g. bankruptcy, return of check), the billing party is then entitled to call in the entire outstanding debt balance, even if the biller has already accepted checks. In such cases, the billing party is also entitled to demand payments in advance or the provision of collateral.
In the event of a return debit note, the customer / the user is obliged to reimburse the clearing bank all costs charged, unless the customer / the user is not responsible for these being incurred.
Section 15 Service delivery period and delays
Due periods or deadlines for delivery of a service by the operator and/or the contractor are always non-binding in nature. In the absence of any ruling to the contrary, such due periods or deadlines only represent times and/or deadlines for delivery of a service in an individual case. Service times are only calculated in terms of working days.
Delays in service delivery due to force majeure and to events that, for a temporary period, impose major impediments on, or render impossible, service delivery by the operator and/or the contractor - in particular, this applies to strike action, lock-outs, government orders etc., even if these occur on the premises of suppliers or of sub-contractors -, are not matters for which the operator and/or the contractor can be held responsible, even in exceptional cases where due dates and deadlines have been agreed. These authorize the operator and/or the contractor to postpone the service by the length of time of that impediment, plus a commensurate start-up period, or to revoke the incomplete part of the contract, either wholly or in part. In the event of service delivery becoming impossible as a result of the aforementioned circumstances, the operator and/or the contractor is then released from the obligation to deliver an agreed service. If the impediment lasts for longer than two months, the customer / the user is entitled, after a commensurate extension period, to revoke the incomplete part of the contract.
Compliance with the service delivery time by the operator and/or the contractor presupposes the timely, complete and proper implementation of the required collaborative actions of the customer / the user, including transmission of printable printing data and the print run sign-off by the customer / the user as well as the receipt of payment and/or in the event of a credit card payment, the approval of a payment by the credit card company, except in exceptional cases where payment against invoice has been agreed. If the printable data and/or the print sign-off is not received until after 12 mid-day, the service delivery time does not start to run until the following working day.
If the operator and/or the contractor falls behind in terms of service delivery (i.e. delay), and if the customer / the user is a business entity or a public law entity, he can - provided that he can present credible evidence that he has incurred damages – demand compensation as a result of the damages incurred by the delay amounting to 0.5% for each completed week of the delay to a total amount that must not exceed 5% of the value (i.e. price) of the proportion of service delivery affected by that delay. More extensive claims resulting from that delay can only be imposed by the customer / the user, either being a business entity or a public law entity, in cases of deliberate intent, gross negligence or when agreeing a fixed-price business transaction; in these cases, Section 20 (Liability) can be applied to damages the value of which exceeds the level of compensation provided for in Sentence 1.
Section 16 Delivery and transfer of risk
If the customer / the user is a business entity or a public law entity, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer / the user. This applies irrespective of who bears the dispatch costs, even if transport is performed by staff employed by the operator and/or the contractor. If the goods are ready for dispatch and if that consignment is delayed, or if acceptance testing is delayed for reasons for which the the operator and/or the contractor are not responsible, the notification of readiness to ship is deemed as the handover point, i.e. the point at which risk is transferred to the customer / the user.
If the customer / the user is a consumer as defined in Section 13 BGB, the risk of accidental loss or of accidental deterioration is not transferred to the customer / the user until goods are handed over. This handover takes place even if the customer / the user delays the acceptance testing process.
If the customer / the user so desires, and at his own cost, the consignment can be insured against insurable forms of damage on his behalf by the operator and/or by the contractor.
If the delivery is marked 'return to sender' / 'address unknown', the operator and/or the contractor is not obliged to store the goods on behalf of the customer / the user unless the customer / the user was not responsible for the obstacle that prevented delivery from taking place. The operator and/or the contractor, after checking the orderly nature of the dispatch, after notifying the customer and after waiting for an appropriate period of time to elapse for collection to take place, shall destroy the delivery consignment. This shall not affect the entitlement of the operator and/or the contractor to be remunerated. Temporary storage and possible destruction shall be at the risk and cost of the customer / the user.
Section 17 Retention of title
If the customer / the user is a consumer, the operator and/or the contractor shall retain title to the supplied goods until payment has been made in full against the receivables existing in the affected contract.
If the customer / the user is a business entity or a public law entity, the following rulings shall apply:
Supplied goods shall remain the property of the operator and/or the contractor until complete payment has been made. Processing or transformation shall always arise for the operator and/or the contractor as manufacturer, but without causing an obligation to provide remuneration to arise for the operator and/or the contractor. If the operator and/or the contractor ceases to hold title to the goods through connection, it is already agreed at this stage that the title to standard goods held by the operator and/or by the contractor shall be transferred on a pro rata basis (invoice value) to the operator and/or to the contractor. The customer / the user shall keep safe the title to goods of the operator and/or the provider free of charge.
Goods to which the operator and/or the contractor holds title shall hereinafter be designated as goods subject to retention of title. The customer / the user is authorized to process and to sell goods subject to retention of title in normal business transactions, provided that he is not in arrears. 'Normal business transactions' do not include actions that infringe or violate other rights of the operator and/or the contractor. Pledging or transfers by way of security are not permitted. The receivables arising from resale or from some other legal ground (insurance, unauthorized action etc.) relating to the receivables arising from the goods subject to retention of title (including all balance receivables from current account) shall be settled in full by the customer / the user in favor of the operator and/or the contractor at this point in time as a safety precaution. However, the operator and/or the contractor commits to not calling in those receivables during such time as the customer / the user continues to honor his payment obligations, is not in payment arrears and, in particular, is not applying for liquidation proceedings nor is threatened by insolvency or bankruptcy. However, if this is the case, the operator and/or the contractor can demand that the customer immediately notifies the operator and/or the contractor of receivables outstanding and names their debtors, provides all the information required to call in those debts and notifies the debtors (third parties) to this effect.
The operator and/or the contractor authorizes the customer / the user revocably to call in the receivables owing to the seller for his own account and in his own name. This direct debit authorization can only be revoked if the customer / the user fails to honor his payment obligations properly.
In cases where third parties access the goods subject to retention of title, in particular pledges, the customer / the user shall draw attention to the title of the operator and/or of the contractor and shall notify the operator / the contractor immediately to enable the operator and/or the contractor to implement his/their own rights of ownership. If the third party is not in a position to reimburse the operator and/or the contractor for the court or out-of-court costs associated with this matter, the customer / the user shall be liable for so doing.
The operator and/or the contractor commit to releasing the forms of security to which they are entitled on demand from the customer / the user to an extent where the value of the total securities exceeds the par value of the receivables by more than 20%; the choice of securities to be released is a matter for the operator and/or the contractor.
In the event of contractually unlawful conduct, in particular where the customer / the user enters into payment arrears, the operator and/or the contractor is entitled to demand return of the goods. This ends the provisional right of the customer / the user to retain goods. In cases of doubt, this is not associated with a termination or revocation of the contract.
Section 18 Offsetting, retention and cession
The customer / the user is only entitled to engage in offsetting, retention or abatement, even if notices of defects or counter-claims are being enforced, if those counter-claims are found to be legally defensible or are undisputed. However, the customer / the user is entitled to retain title to goods without further prerequisites from Sentence 1 even if the right of retention is applied on the basis of counter-claims from the same contractual relationship.
Except in the area of Section 354a HGB, the customer / the user can only cede claims to a third party from this order relationship and/or this contractual relationship with the prior written consent of the operator and/or the contractor.
Section 19 Power of revocation for consumers
1. Right of revocation
The user / customer can revoke his contractual declaration within 14 days without providing reasons in text form or over the phone and – if goods were transferred to him before the end of a defined period - can cancel the goods by once again returning them. This period of time starts on acknowledgment and/or receipt of this notification in text form. To preserve the revocation period, it is sufficient to transfer the revocation and the goods in a timely fashion.
The revocation should be sent to:
Straub Druck + Medien AG
Max-Planck-Strasse 17 – 19
2. Consequences of revocation
If revocation is effective, the services received by either party must be acknowledged and, where necessary, any benefits arising from those services must be declared. If the user / customer does not return or declare the received service and related benefits (e.g. usage benefits) or fails to do so in full or only in a deteriorated condition, appropriate reimbursement of value must be provided by the user / the customer. This can - in respect of services - lead to a situation where the user / customer is obliged to meet contractual payment obligations for the period of time up to the date of revocation.
The user / customer is only required to make reimbursements towards value in respect of deteriorated goods if that deterioration is the result of handling of the goods extending beyond an inspection of properties and functional integrity. Value reimbursement for usage made of goods only has to be made by the user / customer if the goods have been used in a way that extends beyond the scope of an inspection of properties and of functional integrity. The phrase 'An inspection of properties and functional integrity' is taken to mean the testing and trying out of the goods in question, in the manner possible and typical in a retail store environment.
Goods suitable for dispatch in packages must be returned to the operator within fourteen days of the date of revocation. The user / customer is required to meet the regular costs for return shipment.
If goods are not suitable for sending in the form of a package, the user / customer is obliged to provide transport after a case of revocation. In cases where the costs of return shipment for goods not suitable for transport in package form cannot be quantified by the operator prior to shipment, the operator shall take care of return of the goods provided that the user / customer has declared them ready to ship.
Obligations to reimburse payments must be honored within 30 days of receipt of the revocation and return of goods to the operator. This period of time shall commence for the user / customer when the revocation declaration is handed over and - if goods are transferred before the end of a defined period - with shipment of the goods, and for the operator from the date and time of reception. Reimbursement shall not include additional costs resulting from the user / customer choosing a different kind of delivery than the standard delivery mode offered by ourselves.
3. Exclusion of the right of revocation
The right of revocation is not permitted in accordance with Section 312 d Para. 4 No. 1 BGB if goods were manufactured to the specifications of the customer / user (customer specification) and/or were clearly tailored to suit his personal requirements or if they are of such a nature as to render them unsuitable for return shipment. The right of revocation is also excluded in the case of download products, the delivery of sealed goods if the seal was removed in transit, the delivery of goods in such a form that they were mixed with other goods from which they cannot be segregated, as well as newspapers, journals or magazines (with the exception of subscription contracts).
Section 20 Warranty
Claims relating to material defects are excluded to the extent of such defects being caused by the transmission of faulty, incomplete or otherwise incorrect printing data being sent by the customer / the user.
If the customer / the user is a consumer, the legally defined warranty specifications shall apply. However, warranty cover is not provided for obvious defects unless these are reported to the operator and/or to the contractor within 2 weeks of receipt of the goods. To comply with this reporting period, notification must be submitted within the deadline. This notification of defect must be submitted in writing, by e-mail or by fax.
If the customer / the user is a business entity or a public law entity, the following rulings shall also apply:
Defect-related claims do not apply in the case of deviations from agreed properties that are only minor in extent, nor do they apply if usability is only impaired to a slight extent.
In the case of Para. 1, claims resulting from defects in the goods cease to apply if the customer / the user is unable to refute an appropriately substantiated assertion that the defect was brought into being by one of the above circumstances.
The obligation of the customer / the user to perform an immediate investigation and notification of defects as defined in Sections 378 and 381 Para. 2 HGB remains unaffected. Para. 2 Sentence 4 applies correspondingly.
Furthermore, in respect of compensation claims, the provisions in Section 21 (Liability) apply.
Section 21 liability
The operator and/or the contractor only provides compensation or replacement for unnecessary expenditure, regardless of the legal grounds (e.g. debtor relations arising from legal business or from apparently legal business, violation of obligations and unauthorized actions) within the following scope:
The liability for deliberate intent and arising from warranty is unlimited.
In the event of gross negligence, the operator and/or the contractor is liable towards business entities and public law entities up to the level of typical damages, and of anticipated damages when a contract has been concluded. The operator and/or the contractor bears unlimited liability towards consumers.
In the event of negligent infringement of a key obligation of this kind, without the implementation of which the contract could not be fulfilled properly and in which the contract partner is entitled to be fully confident (a primary obligation), the operator and/or the contractor is only liable up to the extent of typically anticipated damages in cases where a contract has been concluded. If the operator and/or the contractor is in arrears with the delivery of his service, he is liable in respect of this service even in regard to random events unless the instance of damage would have arisen anyway, even if the service had been delivered on time. In other respects, liability for simple negligence is excluded.
To the extent that the liability of the operator and/or the contractor is excluded or is limited, this also applies to the personal liability of the employees, representatives and ancillary staff.
In the event of injury to life, limb and health, and for claims resulting from product liability legislation, legal rulings are applicable.
Section 22 Statute of limitation
If the customer / the user is a consumer, the statute of limitation for his claims is based on legal provisions. However, if the customer / the user is a business entity or a public law entity, the statute of limitations for his claims shall be based upon the following paragraphs.
The statute of limitations lasts for 1 year;
one year for claims for repayment of remuneration arising from revocation or reduction from the start of the legally or contractually agreed statute of limitations, but not less than three months from submission of the effective declaration of revocation or reduction;
one year for other claims arising from material defects;
one year for claims arising from defective title if that defective title is not founded upon the exclusion right of a third party on the basis of which that third party can demand the withdrawal or destruction of the items handed over to the customer / the user;
one year for other claims for compensation or replacement for wasted expenditure, starting from the point in time where the customer / the user became aware of the circumstances justifying the claim, or gained possession of this knowledge without gross negligence being involved in the process.
The statute of limitations enters into force no later than the maximum periods of time defined in Section 199 BGB. However, in cases of compensation for damage and reimbursement of costs arising as a consequence of deliberate intent, gross negligence, fraudulent intent and in the cases named in Section 20 Para. 3, the legal periods governing statutes of limitation shall apply.
Section 23 Flat-rate claims
The parties agree for the following cases to base compensation claims on lump-sum figures (flat-rate claim):
The operator and/or the contractor serves termination on the customer after setting a period of notice due to a failure on the part of the customer / the user to collaborate, in particular due to a failure to send error-free data, effective in accordance with Section 643 of the German Civil Code (BGB);
The operator and/or the contractor withdraws from the contract after setting a period of notice due to a delay in payment on the part of the customer / the user as defined in Section 323 BGB;
The operator and/or the contractor serves termination on the customer / the user on extraordinary grounds and without notice due to a culpable violation of Section 8 Clause 2;
The operator and/or the contractor serves termination on the customer / the user on other compelling grounds occasioned by the customer / the user as defined in Section 316 BGB;
The customer and/or the user serves termination on the contract on ordinary grounds in accordance with Section 649 BGB without being occasioned to do so by conduct on the part of the operator / the contractor and in the absence of any other compelling reason as defined in Section 316 BGB.
The flat-rate claim is applied to a single order (without sales tax and without shipping costs) at the uniform rate of EUR 25.00 without requiring substantiation. If a printing order has already been transferred to a printed slab, the flat-rate claim is restricted to the net value of the order because, from this point of time onwards, the automated printing process can no longer be terminated.
The customer / the user is/are entitled to provide evidence to demonstrate that the operator and/or the contractor did not incur any or only slight damages and/or costs and/or that the level of remuneration is disproportionately high.
The operator and/or the contractor is/are entitled to provide evidence to demonstrate that he/they incurred greater damages and/or costs, and that the appropriate level of remuneration should be higher.
Section 24 Title to printed media, archiving, copyright
The operator holds exclusive title, copyright and all other protection rights involved in manufacture of printed items and the related print media.
The print data transmitted are destroyed after completion of the printed products.
The customer / the user ensures that he holds all rights for the use, transfer and publication of transmitted data, in particular with regard to text and graphic material.
The customer / the user must reimburse the operator and/or the contractor for damages resulting from the taking up by third parties of intellectual property rights due to infringement of same, unless the customer / the user is not responsible for this infringement having taken place. The customer / the user indemnifies the operator and/or the contractor against all disadvantages arising for the operator and/or the contractor from the taking up by third parties of such rights as a consequence of inappropriate actions on the part of the customer / the contractor.
Section 25 Data protection / data security
With regard to the regulations relating to data protection and data security, reference is made to the data protection declaration that is saved by the customer / the user on his computer, and that can be printed out. Furthermore, with regard to orders that include the processing of personal details as defined in Section 11 of the German Data Protection Act [Bundesdatenschutzgesetz (BDSG)] (e.g. address details for mailshots) on our customer notice sheet for orders involving personal details saved and/or printed out by the customer / the user on/from his computer.
Section 26 Copyright
The customer / user must ensure that he is in possession of all copyright, tradename and other rights relating to the data and contents transferred to the operator and/or the contractor. The customer / the user shall be solely responsible for all consequences arising from any infringement of these rights. The customer / the user is obliged to hold harmless to third parties the operator and/or the contractor in relation to any and all claims arising from the processing, reproduction and usage of data transmitted in association with the awarded order.
Section 27 Confidentiality
The parties must not provide access to third parties in respect of business and operational secrets nor to any other confidential information relating to the business relationship nor to any information obtained from the other party during that business relationship. This also applies after termination of the contractual relationship.
Section 28 Consumer dispute settlement
We wish to point out that complaints arising as a result of or in relation to an online order can be submitted to the German arbitration body [deutsche Verbraucherschlichtungsstelle] (Zentrum für Schlichtung e.V., Bahnhofsplatz 3, 77694 Kehl) for out-of-court settlement of consumer issues (Art. 14 Para. 1 p. 1 ODR-VO). This includes complaints on the validity, violation, cancellation or voiding of an online order. Here, on the basis of a complaint submitted either by consumers or by retailers, an arbitration proposal for an out-of-court settlement can be drawn up, founded on applicable legislation, and that in particular observes mandatory consumer protection rights.
In this respect, we refer to the platform of the EU Commission for online dispute settlement (www.ec.europa.eu/consumers/odr).
Section 29 Final provisions
German Law applies, and this excludes the UN Convention on the International Sale of Goods. Mandatory provisions of the country which is the habitual residence of the customer remain unaffected by this. If the customer does not have a general court of jurisdiction in Germany or if he has moved his place of residence to another country after conclusion of the contract, or if the customer's place of residence is not known at the time a dispute is raised, or if the customer is a commercial entity and is acting in this capacity, the court of jurisdiction for all disputes shall be the head office location of the operator and/or of the contractor.
In the event of individual provisions of this contract with the customer, including the general terms & conditions of business, becoming invalid either wholly or in part, this shall not affect the validity of the remaining provisions.
Schramberg, June 12, 2014
© Straub Druck + Medien AG
Status: June 12, 2014
Update: April 27, 2016