General - Scope of the Terms and Conditions of Sale

1 Our Terms and Conditions of Sale apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale.

2 Our Terms and Conditions of Sale shall only apply to entrepreneurs within the meaning of Section 310 (1) BGB.

3 Our Terms and Conditions of Sale shall also apply to all future transactions with the customer.

Offer - Conclusion of contract

1 Our offer is subject to change unless otherwise stated in the offer. If an order from the customer is to be classified as an offer in accordance with § 145 BGB, we can accept this within 2 weeks. For his part, the customer is obliged to accept our offer within two weeks. Thereafter, his delayed acceptance shall constitute an offer to us.

2 We reserve the right of ownership and copyright to illustrations, drawings, calculations and other documents. This also applies to our offer documents. The customer requires our express written consent before passing them on to third parties.

Print samples/prints

1 Every customer is recommended to have a proof made. If the creation and sending of a print sample/proof is not requested, our liability shall be limited to gross negligence. In any case, slight color deviations or differences in quantity of up to 5% do not entitle the customer to make a complaint.

Prices - Terms of payment

1 Unless otherwise stated in the order confirmation, our prices are "ex works", including packaging. Shipping costs will be invoiced separately.

2 The statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

3 The deduction of a discount requires a special written agreement.

4 Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment within 14 days of the invoice date. If the customer is in arrears, we are entitled to charge interest on arrears at a rate of 8 percentage points above the prime rate.

5 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the customer is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery time

1 The start of the delivery period stated by us is subject to the clarification of all questions, in particular the specifications for the creation of print data, which are necessary for the production technology. Delivery deadlines are non-binding unless they are expressly confirmed in writing as contractual deadlines in the order confirmation.

2 Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the customer's obligation. We reserve the right to plead non-performance of the contract.

3 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

4 If the conditions of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

5 We shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a fixed-date transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased to exist.

6 We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.

7 We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; in this case, however, liability for damages shall be limited to the foreseeable, typically occurring damage.

8 Further legal claims and rights of the customer remain reserved.

Transfer of risk - packaging costs

1 Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.

2 Separate agreements apply to the return of packaging.

3 If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

Liability for defects

1 Claims for defects on the part of the customer presuppose that the customer has duly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code). This means that the goods (in particular for trade fairs and appointments) must be inspected within three days, in particular with regard to size, quality, design and color, and defects must be reported in writing within this period. However, slight color deviations or differences in quantity of up to 5% do not constitute a defect and do not entitle the customer to give notice of defects. Dimensional tolerances and offsets of +/-2% do not constitute defects.

2 If there is a defect in the purchased item, we are entitled, at our discretion, to subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. In the event of subsequent performance, we shall bear the necessary expenses only up to the amount of the purchase price. If the customer returns the goods to us for inspection of a defect, the customer shall initially bear the costs for the return shipment in the event that we have not yet confirmed the defectiveness and must first inspect it. If the alleged defect is confirmed, we shall reimburse the usual necessary return costs.

3 We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

4 We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage. A material breach of contract exists if the breach of duty relates to a duty on the fulfillment of which the customer has relied and was entitled to rely.

5 Insofar as the customer is entitled to compensation for damages instead of performance, our liability shall be limited to compensation for foreseeable, typically occurring damages, even within the scope of paragraph (3).

6 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

7 Unless otherwise stipulated above, liability is excluded.

8 The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

9 The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

Total liability

1 Any further liability for damages other than that provided for in § 6 is excluded, irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage in accordance with § 823 BGB.

2 The limitation according to paragraph (1) also applies if the customer demands compensation for useless expenses instead of a claim for damages.

3 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

Retention of title

1 We reserve title to the purchased item until all payments arising from the delivery contract have been received. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall constitute a withdrawal from the contract. After taking back the purchased item, we shall be authorized to sell it; the proceeds of the sale shall be set off against the customer's liabilities - less reasonable selling costs.

2 The customer shall be entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

3 The processing or transformation of the purchased item by the customer is always carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.

4 We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

Place of jurisdiction - Place of performance

1 If the customer is a merchant, our registered office is the place of jurisdiction; however, we are also entitled to sue the customer at the court of his place of residence.

2 The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

3 Unless otherwise stated in the order confirmation, our registered office is the place of performance.

Infringements/rights of third parties

1 The Photofabrics GmbH is not able to check all print motifs designed and ordered by customers in advance for any legal infringements. However, Photofabrics GmbH reserves the right to check all orders for their feasibility and possible legal infringements. In the event of recognizable or obvious legal violations (in particular violations of third party property rights and violations of legal regulations) or if there is a suspicion of such, PhotoFabrics GmbH will not accept the order. PhotoFabrics GmbH also reserves the right not to accept orders with immoral, politically or religiously glorifying and pornographic images.

2 If you use your own motifs for the design of your print products, you assure PhotoFabrics GmbH that these motifs are free of third party rights. Should claims and demands be asserted by third parties due to the infringement of rights, you as the customer will indemnify Photofabrics GmbH and undertake to compensate PhotoFabrics GmbH for all associated damages.

Customer advertising

1 PhotoFabrics GmbH is entitled to advertise with logos and/or names of customers, for example under the tab "Our customers" on the website carpet-printer.de, unless three working days have elapsed after a customer's written objection.

Further liability for defects in vehicle lettering

1 The following warranty claims are to be understood as a supplement to §7 and do not exclude the provisions therein.

2 Normal wear and tear is not covered by our warranty.

3 In individual cases, changes to the paint may occur. No liability can be accepted for these changes (e.g. due to ageing differences, primer weaknesses, pigment migration). It is not possible for PhotoFabrics GmbH or the manufacturer of the adhesive films to check the compatibility of all varnishes. This is especially true since a paint does not necessarily have to be unsuitable, but only individual vehicles in a series may exhibit negative phenomena. We are therefore unable to provide a general guarantee for adhesion to vehicles and cannot accept any liability for this. The customer must determine the suitability of the substrate himself.

4 If you apply the films yourself without having them applied by our installation team, you generally do so at your own risk. We would like to point out that the use of adhesive films on painted surfaces can lead to changes in the form of swelling, pigment migration or ghost images in individual cases.

5 If improper modifications or repair work are carried out by the customer or third parties, no claims for defects can be made for these and the resulting consequences. We are also not liable for glass breakage or other damage that occurs after film coating. Liability for faulty substrates is excluded, particularly in the case of laminating.

6 Claims for defects also do not exist if the customer has withheld relevant information regarding the surface condition (e.g. fresh paintwork, polish, rivets, etc.).

7 The surface to be covered must be cleaned, free of grease and, in the case of paint damage, filled parts, repainting and repainting, must have dried or fully cured for at least three weeks. If the vehicle lettering is delayed due to considerably more extensive cleaning work, an additional charge of up to 15% is possible.

8 The inclusion of small dust particles, water patches or even the smallest air pockets cannot always be completely ruled out with film lettering. Depending on the temperature and humidity, these phenomena can dry and disappear after one to four weeks. For this reason, no warranty claims can be made. In the case of glass panes, it should be noted that use is only recommended after complete drying. The wrapped vehicle can only be cleaned in the car wash after three weeks. The film may detach from the vehicle within these three weeks, which is why no guarantee is given here.

9 Painted plastic surfaces may not be suitable for bonding, as experience has shown that the paint does not adhere firmly enough. Rubber seals and unpainted plastic surfaces cannot generally be reliably bonded.

10 It is not possible to apply hot wax to the films we apply.

11 The rear window heater may also only be put back into operation after 3 weeks. No warranty claims can be made in the event of improper use or damage caused by external influences.

Liability for defects when laminating the vehicle wrapping

1 When laminating "third-party decals" on customer vehicles, it is always uncertain which materials have been used. Any damage to the paintwork caused by the service provider during the wrapping process may come to light. We do not accept any liability for this.