General Terms and Conditions (B2B)

These GTC apply to all deliveries and services between us and our customers (hereinafter the “Customer”), unless expressly agreed otherwise in text form. They also apply to future transactions with the Customer without the need to refer to them again.

Our offers are directed exclusively to entrepreneurs. Contracting for private purposes (consumers within the meaning of Section 13 BGB) is excluded.

By placing an order or commissioning services, the Customer confirms that they act as an entrepreneur and purchase the goods/services for their commercial or self-employed professional activity. We are entitled to request suitable evidence (e.g. company details, commercial register extract, VAT ID).

Deviating, conflicting or supplementary terms of the Customer apply only if we have expressly agreed to them in text form. This also applies if we perform services without reservation while being aware of the Customer's deviating terms.

Definitions

• “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity (Section 14 BGB). For Customers based outside Germany, this applies accordingly to persons/companies acting in the exercise of their commercial or self-employed professional activity.
• “Custom-made product” means in particular products manufactured according to Customer specifications (e.g. with individual print design, embossing, special size, special material, lamination, finishing, die-cut contour).
• “Text form” means a readable declaration on a durable medium (e.g. email), unless written form is expressly agreed.

Our product presentations, configurators, sample images and price information do not constitute a binding offer, but an invitation to submit an order or inquiry.

By submitting an order/commission, the Customer makes a binding offer to conclude a contract. The contract is concluded as soon as we confirm the order in text form (e.g. by email/order confirmation) or begin performance (e.g. production approval, shipping confirmation).

If we provide an individual quotation/cost estimate, it is valid for 14 days from the quotation date, unless stated otherwise.

Contract language & prevailing version

• The contract language is German or English, depending on the language in which the quotation or order confirmation is drafted or the language predominantly used for concluding the contract.
• If we provide the Customer with content additionally in translation, the translation is for information purposes only. In the event of discrepancies between a German and an English version, the German version shall prevail, unless expressly agreed otherwise.
• After the contract is concluded, the Customer receives an order confirmation summarizing the essential contract contents.
• If a customer account is offered, orders may be viewable there depending on the system status.

For custom-made products, the agreed specifications determine the characteristics (e.g. dimensions, material, printing method, finishing, quantity, die-cut contour, embossing, lamination). The order confirmation, approved print data/views (proof), and any agreed reference samples are decisive.

The Customer is obliged to provide all information, data and content required for order execution completely, correctly and in due time. The Customer bears delays or additional costs resulting from late/incorrect cooperation; agreed delivery times shall be extended accordingly.

No additional costs are charged for tools or work equipment required for production (e.g. die-cutting, embossing, sealing or plate tools), unless separate billing was expressly agreed before the order was placed. Tools and work equipment remain our property; an obligation to hand them over exists only if expressly agreed.

Samples, prototypes and pre-series items serve, unless expressly agreed as binding reference samples, for illustration purposes. Deviations (e.g. color, material batch, finishing, registration) may occur, in particular compared to later series production.

We may reject or suspend orders if content violates laws, third-party rights or official requirements, or if technical implementation is not possible after reasonable review.

If the order includes print/design files, the Customer provides them in the format specified by us or customary in the industry (e.g. PDF/X). In particular, the files must be print-ready with regard to dimensions, bleed, resolution, color mode and fonts/links.

Unless expressly commissioned as a paid “data check/preflight incl. correction”, we check the files only for obvious technical feasibility. We do not owe content checks (e.g. spelling, trademark rights, readability, color effect, corporate design compliance).

Where agreed, the Customer receives a proof (digital or physical). The Customer must review it carefully and approve it in text form. With approval, the Customer assumes responsibility for the approved content.

A digital proof is not color-binding unless expressly agreed as such. Color binding can only be achieved through expressly agreed procedures (e.g. color-binding proof/press proof according to a defined standard, reference sample).

Changes after approval (e.g. artwork, text, color or layout changes) are possible only by renewed agreement and may cause additional costs and shift delivery dates.

In the manufacture of custom printed and packaging products, production- and material-related deviations cannot be completely avoided for technical reasons. Such deviations do not constitute a defect insofar as they are customary in the industry, technically caused and reasonable for the agreed purpose of use.

In particular, the following deviations may occur depending on process/material

• color deviations: differences between screen display and the final product as well as between different runs/productions (among other things due to paper/board properties, ink absorption, drying, color profile, machine/batch fluctuations). Spot colors (e.g. Pantone/HKS) may vary depending on substrate/finishing.
• Registration deviations: slight misalignment between colors, print image and finishing (e.g. foil, varnish, embossing) is technically possible, especially in multi-step processes.
• Embossing and foil technology: slight positional deviations, edge appearance, relief height and gloss/texture differences may vary due to material and process (e.g. hot foil stamping, blind embossing, relief embossing).
• Lamination: minimal blistering, edge/overhang tolerances, slight surface differences (gloss level, feel) and material-related waviness are possible, especially with large-area lamination.
• Die-cutting, creasing, folding: slight dimensional and position tolerances in die-cut contours, creases, folds and gluing are possible; this applies particularly to thicker materials, multi-layer constructions or complex shapes.
• Material variations: variations in grammage, thickness, color tone, grain direction, texture and surface appearance may occur due to batches, provided the material is commercially standard and the deviation remains reasonable.

Over/under deliveries (quantity/scrap tolerance)

For production reasons, over- or under-deliveries may occur (e.g. due to start-up, setup, scrap, quality selection). Over- or under-deliveries of up to 5% of the ordered quantity are permissible, unless an “exact quantity” has been expressly agreed in text form. We invoice the quantity actually delivered.

If the Customer requires particularly tight tolerances or color-binding results, this must be expressly agreed before the order is placed (e.g. press proof, color-binding proof, reference sample, defined standard/profile).

All prices are, unless expressly stated otherwise, net plus statutory VAT, plus shipping/transport costs and any other ancillary costs.

For deliveries/services where special VAT rules apply (e.g. reverse charge, intra-Community supply), invoicing is carried out in accordance with statutory requirements. The Customer must provide the necessary information/evidence (e.g. valid VAT ID) in due time.

For deliveries to third countries (e.g. Switzerland), customs duties, import charges, import VAT and handling fees may apply. These costs are borne by the Customer unless expressly agreed otherwise.

For custom-made products, we may require advance payment, partial payment or a deposit. Details result from the checkout or the order confirmation.

Unless agreed otherwise, invoices are due for payment without deduction within 14 days of the invoice date. Receipt of payment by us is decisive. Any bank and transfer fees (especially for international payments) are borne by the Customer.

The Customer is in default without further reminder if payment is not made within the agreed payment period. The statutory consequences of default apply.

Set-off or the assertion of a right of retention is permitted only with undisputed or legally established claims, unless mandatory law provides otherwise. Rights of retention due to defects are otherwise permitted only to an appropriate extent and only if they arise from the same contractual relationship.

Delivery times are, unless expressly agreed as a fixed date, non-binding guidelines. For custom productions, the delivery period generally begins only after all specifications have been fully clarified, print-ready files have been received and, where applicable, the proof has been approved and payment has been received (if advance payment/deposit is agreed).

Partial deliveries are permitted provided they are reasonable for the Customer.

The risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover to the shipping service provider/freight forwarder, or upon provision of the goods for collection.

Unless expressly agreed otherwise, we choose the shipping method and shipping provider at our reasonable discretion. Transport insurance is provided only upon request and at the Customer's expense.

For deliveries to third countries (e.g. Switzerland), delivery times may be influenced by customs clearance and official inspections. Delays not attributable to us lead to an appropriate extension of delivery times.

Force majeure and unforeseeable events beyond our control (e.g. strikes, official measures, energy/raw material shortages, transport disruptions) may reasonably extend delivery times. Claims for damages due to delay are excluded in these cases.

The delivered goods remain our property until full payment of all claims arising from the respective contract as well as from the ongoing business relationship (extended retention of title).

The Customer is obliged to handle goods under retention of title with care and to adequately secure them against usual risks. Pledging or transfer by way of security is not permitted.

If the Customer processes, combines or mixes the goods under retention of title, this is done for us as manufacturer; we acquire co-ownership of the new item in the ratio of the invoice value of the retained goods to the invoice value of the other processed goods, insofar as legally permissible.

The Customer is entitled to resell the retained goods in the ordinary course of business. The resulting claims against third parties are hereby assigned to us in the amount of the respective invoice value; we accept the assignment. The Customer remains authorized to collect the claim as long as they meet their payment obligations. We may revoke this authorization if the Customer is in payment default.

If third parties access the retained goods (e.g. seizure), the Customer must inform us immediately and notify third parties of our rights.

In principle, custom orders can no longer be canceled or changed after production approval or after the proof has been approved, unless we expressly agree otherwise in text form on a case-by-case basis.

Up to production approval, cancellations/changes are possible only after review on a case-by-case basis. In this case, we charge the effort incurred up to that point (e.g. consulting, typesetting/graphics, data check, samples, tools, setup costs, material planning) and, where applicable, other verifiable third-party costs.

If the Customer requests changes during ongoing processing, this may lead to additional costs and an adjustment of delivery dates. We will inform the Customer before implementation.

The statutory warranty rights apply unless otherwise provided below.

In particular, no defect exists in the case of deviations within the production tolerances described in these GTC, or deviations attributable to data/proofs approved by the Customer or materials provided by the Customer.

Claims for defects become time-barred, to the extent legally permissible, 12 months after delivery of the goods. This does not apply in cases of intent, gross negligence, injury to life, body or health, or where mandatory statutory liability applies.

Duty to inspect and give notice (B2B)

The Customer must inspect the goods immediately after delivery and notify us of obvious defects in text form within 7 business days of delivery, and hidden defects within 7 business days of discovery. If timely notification is not given, defect rights are excluded to that extent, insofar as legally permissible. For merchants, Section 377 of the German Commercial Code (HGB) additionally applies.

Procedure for complaints

• Defects must be reported to us in text form and, if possible, documented with meaningful photos.
• Upon request, samples/evidence must be sent in for inspection; the Customer must store the complained goods properly until clarification.
• Returns are made only after prior coordination. Unpaid returns will not be accepted unless expressly agreed.
• We decide, within the scope of statutory provisions, on subsequent performance (repair or replacement delivery).

We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions (e.g. product liability).

In cases of simple negligence, we are liable only for breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the foreseeable damage typical for the contract.

To the extent legally permissible, liability for simple negligence is limited in amount to the foreseeable damage typical for the contract, but in any case to a maximum of twice the net order value of the affected delivery/service. Alternatively, a different liability cap may be expressly agreed.

To the extent legally permissible, liability for indirect damages, consequential damages and loss of profit is excluded. This applies in particular to production downtime, business interruption, image/reputation damage or third-party claims based on a breach of duty attributable to the Customer (e.g. unlawful content/data).

The Customer warrants that they hold all necessary rights to the content they provide (e.g. logos, texts, images, trademarks, designs) and that use/production does not infringe any third-party rights.

The Customer grants us a simple, non-transferable right of use for the purpose of contract performance to the provided content, insofar as this is necessary for manufacturing the products (e.g. reproduction, technical adaptation/conversion of file formats).

The Customer indemnifies us against all third-party claims asserted against us due to infringement of third-party rights or unlawful content, insofar as the Customer is responsible. This also includes reasonable costs of legal defense.

We are entitled to suspend orders if there are concrete indications of an infringement of rights.

Information on the processing of personal data can be found in our privacy policy.

If the Customer transmits confidential information within the scope of the project (e.g. internal content, unpublished product launches), we will treat it confidentially and use it exclusively for contract performance, unless there is a legal obligation to disclose.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory, non-waivable provisions of the law of the state in which the Customer is established remain unaffected.

The place of performance is, where legally permissible, our registered office.

The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, where legally permissible, our registered office, provided the Customer is a merchant, a legal entity under public law or a special fund under public law. We are also entitled to sue the Customer at their general place of jurisdiction.

Amendments and supplements to contracts as well as ancillary agreements require text form, unless the law prescribes a stricter form.

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall be deemed agreed that comes closest to the economic purpose, insofar as legally permissible.