AGB

General terms and conditions

 

§ 1 Formation of the contract

The presentation of the goods in our online shop is not a legally binding offer, but the customer submits a binding purchase offer by placing an online order. We accept the purchase offer by explicit order confirmation or by delivery of the ordered goods. An e-mail with which we only confirm receipt of the order is not yet a binding acceptance of the purchase offer.

 

§ 2 Prices

1. Our prices are based on the list price valid on the day the contract is concluded plus statutory sales tax and do not include packaging and transport costs ex works.

2. We are entitled to price increases if the delivery is to take place more than four months after the conclusion of the contract or it can take place for reasons for which are within the customers responsibility.

 

§ 3 Payment

1. Our claims are to be settled at the latest upon delivery of the goods to the customer without any deductions in EURO by invoice, immediate transfer or payment in advance.

2. The customer only has the right to offset if his counterclaim has been legally established or is undisputed. This ban on offsetting does not apply to a counterclaim due to a defect that is based on the same contractual relationship as our claim. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

§ 4 Delivery

We are entitled to make partial deliveries - insofar as this is reasonable for the customer - which we can invoice separately in each case.

 

§ 5 Retention of Title, Security Rights

We reserve ownership of the goods until full payment.

 

§ 6 Claims in the event of defects

If the customer is a consumer, he has the statutory rights in the event of a defect.

If the customer is not a consumer, the following also applies:
Subsequent performance is carried out at our discretion by eliminating the defect or delivering a new product.

 

§ 7 Liability for damages and reimbursement of expenses

We have unlimited liability in the event of intent, gross negligence, the absence of a guaranteed quality, personal injury and according to the Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations (in particular the obligation to deliver on time and without defects), our liability is limited to the foreseeable damage that is typical for the contract.

Our liability for the slightly negligent violation of non-essential contractual obligations is excluded.

The above regulations apply accordingly to our liability for reimbursement of futile expenses.

 

§ 8 Statute of Limitations for Claims for Defects and Compensation

If the customer is a consumer, the statutory regulations apply.

 

If the customer is not a consumer, the following applies:
The limitation period for customer claims due to a defect is one year. This does not apply if longer periods are mandatory. This also does not apply to claims for damages and reimbursement of expenses, which are aimed at compensation for damages of body and health or are based on intent or gross negligence.

 

§ 9 Ownership or permission of the client

By placing the order, the customer confirms that he holds or has licences for all copyrights, ancillary copyrights and other rights required for the execution of the order. He assumes full liability for this and exempts Freie Form Werbeproduktion from all third-party claims, in particular from claims of a competition and copyright nature. We are solely entitled to the full copyright of the drafts, designs, sketches, etc. produced by us.

 

§ 10 Notice of use

Printed textiles must not be washed with mild detergent. The first wash should be carried out at the earliest 14 days after printing at 30° C inside out. Please also make sure that the print side cannot be ironed.

 

§ 11 Final Provisions

1. If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction for all disputes arising from and in connection with the contractual relationship, as well as in cases in which the customer has no domestic general place of jurisdiction, has moved his domicile or habitual abode abroad after conclusion of the contract or at the time the action is filed neither the domicile nor habitual abode of the customer is known. However, we are also entitled to sue at the customer registered office.

2. Should any provision of these terms be or become invalid, the validity of the remaining provisions shall not be affected thereby.

3. We are neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.