General terms and conditions of business

§ 1 Scope of application
For all business relations and all future business between the shop “handgedruckt.com” the company dieLOGOgmbh, managing director Christa Pawlik-Oppermann, and the purchasers the following general terms and conditions of business apply in the version current at the point of order or at the point of the conclusion of the contract. Conditions deviating from this are only accepted by dieLOGOgmbh, if they are agreed upon explicitly and in writting.

§ 2 Applicable law and jurisdiction
(1) The business relations between dieLOGOgmbh and the purchaser are subject to the German Law with the exclusion of the UN law of purchase.
(2) Place of jurisdiction is Göttingen (domicile of dieLOGOgmbh) provided the purchaser is a juristic person of the public law or public- judicial asset.

§ 3 Delivery and service
(1) The delivery of goods to the address confirmed by the purchaser during the process of ordering takes place after the crediting of the amount purchased to our account. If additional costs accumulate, for example through additional sending due to incomplete or false address data, these are to be covered by the purchaser.
(2) The risk is the responsibility of the purchaser from the moment of delivery. This is also true in case of part-delivery. Statements regarding the date of delivery are non- binding, as long as the date of delivery was not confirmed bindingly.
(3) Delivery dates assured bindingly are considered met, when the goods where passed to the carrier on the date agreed upon. If delivery of goods is delayed by reasons dieLOGOgmbh cannot be held responsible for, dieLOGOgmbh can store the goods designated for delivery on the cost and risk of the purchaser until the point of collection.
(4) dieLOGOgmbh is entitled to entrust other companies with the conduction of orders or parts of orders. dieLOGOgmbh remains the obligee of the remuneration in such cases.
(5) dieLOGOgmbh reserves the right to cancel a contract, if unforeseeable circumstances occur. These are: force majeures, state measures, non-issuing of governmental authorisation, labour disputes of any kind, sabotage, lack of raw- materials, or late delivery of materials through no fault of our own, that last six weeks or longer and for which dieLOGOgmbh cannot be held responsible.
(6) In addition dieLOGOgmbh reserves the right to appoint a new date for delivery or to cancel the contract in case of a delay in the reception of the goods. dieLOGOgmbh can claim compensation of the amount of costs resulting in the case of non-acceptance.
(7) If the purchaser changes orders, designs, strategies, and similar matters or abandons these, or changes the prerequisites of the production he/ she will reimburse dieLOGOgmbh for the incidental expenses and exempt dieLOGOgmbh from any liabilities to third parties.

§ 4 Rights of usage
With the complete payment the purchaser acquires the rights for the length and the scope of the contract to all goods produced by dieLOGOgmbh within the scope of that contract, in as far as the transfer is legal under German law and the actual circumstances for the usage within the area of the federal republic of Germany.

§ 5 Conditions of payment
(1) At the point of delivery of goods the prices current at the point of order are applicable. Taxes due in the country of delivery are not carried by dieLOGOgmbh. Raises in duty after the conclusion of the contract are charged to the purchaser. dieLOGOgmbH reserves the right to changes to price information in the brochure.
(2) All stated prices are final prices plus costs for delivery.
(3) Generally payment is in advance or in cash, as long as there is no other written agreement for payment.
(4) The costs are to be settled within seven working days from the date of the first invoice. In case the purchaser does not meet this time limit delay of payment accrues.

§ 6 Right of return in the case of distance contracts
(1) In the case of distance contracts the purchasers, as long as they are consumers, have the right of return without stating of reasons within a fourteen day period by sending back the goods.

The revocation period commences with the receipt of the goods and this written instruction. To keep to the revocation period the timely sending of the revocation or the goods is sufficient.

The revocation needs to be addressed to:

dieLOGOgmbh
Bahnhofsweg 9
34346 Hann. Münden
Germany
E-Mail: wir@dieLOGOgmbh.com

(2) In the case of an effective revocation the benefits received by each side are to be returned including eventual emoluments taken (e.g. interest). If you are unable to return the goods on the whole, or in parts not at all or in a worsened condition, you may be liable to pay compensation. This does not apply if the worsening is merely due to its testing- as would be possible in an outlet- or its orderly usage. Apart from that the purchaser may circumvent the pay of compensation by not using the goods and omitting from any actions lessening its worth.
(3) In cases of goods that cannot be send as parcels (e.g. oversized goods) the return can be stated by a written request for return, that means for example by letter, fax, or e-mail. To stay within the revocation period the timely sending of the goods or the written request suffices. You have to pay the cost for the transport, if the goods delivered are in accordance with what was ordered. In case of return of the goods the proper postage must be paid. Otherwise the delivery will not be accepted. Liabilities of payment must be covered with 30 days from the day when you send your statement of revocation.
(4) The right of revocation does not apply to goods made by the specifications of the purchaser, goods unambiguously tailored to personal needs, or goods unfit for a return due to their constitution, unless the product does not meet the agreement.

§ 7 Reservation of proprietary rights
(1) The delivered goods remain the property of dieLOGOgmbh until all claims resulting from the contract have been settled. In the case that the purchaser a legal person under public law, a special fund under public law, or an entrepreneur exercising his/ her commercial or self-employed professional occupation dieLOGOgmbh reserves the right to step back from other ongoing business relations resulting from the contract until all outstanding debt has been settled.
(2) In case of late payment by the purchaser, or illiquidity of the purchaser dieLOGOgmbh may retreat from the contract, including future deliveries or productions, furthermore dieLOGOgmbh is entitled to enter the business premises in order to secure the goods subject to retention of title. In the case of compensation after the return of the goods dieLOGOgmbh and the purchaser agree to exchange the goods for the trading cost of the subject of the contract at the time of the return and recycling. The purchaser bears all costs of the return and recycling; costs for recycling are agreed to be 10 % of the selling price without further proof. Reduction or rise in this figure are permissible through proof by dieLOGOgmbh or the purchaser.
(3) The enforceability of the reservation of proprietary rights or the restraint of the delivered goods does not constitute a cancellation of the contract provided the purchaser is a tradesman.
(4) Goods delivered for the purpose of testing or demonstrating remain the property of dieLOGOgmbh. They may only be used for purposes other than testing or demonstrating by a special written agreement.

§ 8 Offset, right of retention
The right to set-off applies only when the purchaser’s counterclaims are accepted by dieLOGOgmbh and legally asserted. The purchaser is only entitled to execute the right of retention insofar as his/ her counter claim is validated by the same contractual relationship.

§ 9 Liability for defects
(1) Product information by dieLOGOgmbh in leaflets, brochures, websites, and Internet- shops do not constitute a quality warranty in the sense of § 443 BGB.
(2) Custom- made- products are to be specified conclusively and in writing at the time of order and are to be confirmed in writing by dieLOGOgmbh. The purchaser is obliged to the acceptance of the goods.
(3) The purchaser is obliged to test the goods immediatly following delivery. (condition of the goods, quality, quantity, etc.)
(4) In case of defects dieLOGOgmbh has to be informed in writing immediately. The purchaser enables dieLOGOgmbh to verification including inspection.
(5) If the delivered goods are defective an entitlement to rectification exists. If rectification is impossible, failed, or unacceptably delayed the purchaser may demand decrease of the costs or withdraw from the contract. If the producing company maintains a repair centre in the reachable vicinity dieLOGOgmbh may refer the purchaser there in order to remedy the defect. (Right of dieLOGOgmbh to ascertain and remedy the defect). The legal warranty rights are not effected by this.
(6) dieLOGOgmbh is entitled to all rebates from paid customs duties and the purchaser agrees to provide documentation necessary for the obtainment of such rebates and to be helpful.

§ 10 Assertion of defects and damage in transit
(1) The purchaser may only assert obvious defects and missing parts if he reprimands dieLOGOgmbh in writing by a detailed discription immediately after receipt. A later assertion is impossible. Insofar as only sales-persons are involved in the contract §§ 377 ff. HGB takes effect additionally.
(2) Damages that can be detected on the exterior of the parcel are to be certified by the deliverer of the parcel in an appropriate manner. The transport company is legally obligated to do so. In case of damages, defects, or lack of weight not detectable externally and hinting towards damages in transit unpacking is to be abandoned immediately. The transport company is to be held liable in writing without delay. In all cases the goods and wrapping are to be left in the state current when detecting the damage until an appointee of the transport company has noted the facts.

§ 11 Accountability
(1) Claims for damages outside lawful warranty claims may only be lodged against dieLOGOgmbh by the purchaser in case of wilful intent or grossly negligent actions. This disclaimer is not applicable in case of a guilty breach of cardinal obligations or essential duties deriving from the contract, as well as in cases where the damage is usually covered by general liability insurance.
(2) If the purchaser orders individual production of goods dieLOGOgmbh cannot be held accountable for patent-, copyright-, and brand protection, or registrability of ideas, suggestions, propositions, designs, drafts etc.

§ 12 Data protection
(1) The purchaser knows and agrees to the saving of personal data necessary to the execution of the contract. The purchaser agrees explicitly to the collection, handling, and usage of his/her personal data. As a matter of course the saved personal data is treated confidentially by dieLOGOgmbh. The collection, handling, and usage of personal data of the purchaser is subject to the German Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG) and the data protection statement by dieLOGOgmbh.
(2) The customer has the right to revoke his/her agreement at any time with effect for the future. In that case dieLOGOgmbh is obligated to delete the personal data of the customer immediately. During a current order the deletion takes place after the finalisation of the process of ordering.

§ 13 Severability clause
If one of the clauses of these general terms and conditions is or becomes invalid this does not effect the validity of the other clauses.

Göttingen 11/2008