I General information
1 Orders will be implemented only on the basis of the following general terms and conditions of Drechsler Medien (hereinafter "Provider"). Deliveries, services and offers are made only on the basis of the terms and conditions. Deviating terms and conditions of the contractual partner (hereinafter „Principal"), will require written confirmation from the Provider. The contract will be based on the German language version only
2 The invalidity of individual provisions of this contract or its components will not affect the effectiveness of any remaining provisions. The parties will replace any invalid provision in good faith with a valid provision that comes as close as possible to their economic intention, provided that by doing so no significant changes to the content of the contract will occur; the same will apply if no explicit provisions have been made on any issue on which provisions must be made.
3 The exclusive place of jurisdiction for all claims arising from the business relationship will be Borna, Germany. In addition, the Provider will be entitled to bring any action forward at the customer's general place of jurisdiction. This will not apply to consumers.
4 By placing the order, the customer acknowledges the exclusive validity of these terms and conditions.
5 These general terms and conditions will come into effect from 1. October 2008 onwards and replace all previous versions of the general terms and conditions of Rene Drechsler Medien.
II Conclusion of contract
1 The contract between the Provider and the Principal will be deemed concluded either by Provider's written order confirmation by letter, fax or email or by Provider implementing the order. The Provider is entitled to reject any orders that have not yet been confirmed without any reason.
2 Orders and changes to orders made verbally will only become effective if confirmed in writing by the Provider.
3 The Provider reserves the right to reject orders and terminate contracts that have already been concluded without notice, if the transmitted print data contain pornographic, fascist, radical content or content that violates the constitution of the Federal Republic of Germany.
4 After conclusion of the contract, the Principal will not be entitled to change any order data. Any change by the Principal is deemed an offer to the Provider to agree on an understanding of revocation concerning the first order combined with an offer to conclude a new contract for the production and delivery of printed material. The Provider reserves the right to reject this offer. If the Provider consents to the Principal's offer, this may be associated with the reimbursement of costs incurred. The Principal will be notified of these costs in the course of the change process.
5 The contractual relationship is entered into solely between the Provider and the Principal. This also applies if the customer acts as a reseller (agency, etc.).
6 The submission of printed documents in any form, in particular through electronic transmission or on physical media is considered an order if there is an intention present that printed material will be produced in a specific quantity and quality. If the Principal gives no further information, the Provider's usual prices as well as the next feasible completion date in production will apply.
7 If the order confirmation differs in essential respects from the order, it will be considered a new offer. In this case, any approval of this order confirmation will serve as acceptance of the offer and conclusion of the contract, if the Principal makes an identical declaration.
8 The contract between the Provider and the Principal will be deemed concluded at the latest upon acceptance or use of the goods or services delivered by the Provider or any third parties designated by it.
III. Communication,notifications
1 No later than at the time of placing an order, the Principal must send an address for electronic mail (email address) the technical functionality of which it will guarantee from the order date onwards until the final completion of the order.
2 In particular, the Principal will warrant that by setting its spam filter and email clients (local and/or those at its provider's site) it may receive emails from the Provider. This email address will also be valid by implication for future orders until the Principal revokes the address or provides notification of any change.
3 Provider's notifications sent via email to the email address referred to in paragraph 1 will be deemed received by the Principal upon sending. The Provider will only be liable for transmission errors, if it is responsible for the cause of the error. The Principal may prove that any communication submitted has not been received by it for reasons beyond its control.
4 The Provider is not obliged to notify the Principal of missing, incorrect or non-functional email addresses within the meaning of paragraph 1. The Principal may prove that such a communication would have been technically possible and reasonable.
IV Prices / special reimbursements
1 The prices include the statutory value added tax.
2 The prices are valid from Provider's address in Geithain. Cost of packing and shipping will be in addition and include statutory value added tax.
3 If the cost of the delivery item increases between the conclusion of the contract and delivery, in particular due to price changes by our sub-suppliers, we are entitled to increase the price of the respective delivery item to the extent of the increase. If the price increase asserted by us amounts to more than 10% of the original price of the delivery item, the customer is entitled to withdraw from the contract within 7 days of receipt of our notification of the price change.
4 The charges for any sketches, drafts, sample typesetting, proofs, and similar preparatory work, as well as the proof, change or transfer of print data provided by the Principal will be calculated according to Provider's valid terms and conditions, even if no print order is placed.
5 The Provider will be entitled, but not obligated, to carry out preliminary work, in particular work on print data, independently, without having to consult the Principal, if this is in its economic interests or is done to meet the deadline for the order. Such work will be calculated based on time taken. If the calculated cost for work in accordance with paragraph 1 do not exceed ten per cent of the agreed remuneration, Principal's consent for such additional costs will be deemed to have been provided even if it was not consulted in advance. The Principal will have to give its consent to pay for any additional costs incurred in connection with any preparatory work in accordance with paragraph 3, if they exceed ten per cent of the agreed remuneration for the order.
6 If the Provider rescind the contract due to an important reason or if the Principal rescinds the contract without any important reason, the Provider will be entitled to the agreed upon remuneration for the order less any saved expenses. The Principal will be entitled to prove any lesser damage. An important reason will be, in particular, if the Principal fails to provide the print data in time and also fails to do so after having been set a reasonable grace period by the Provider. An important reason will further be, in particular, if the Principal fails to pay the advance due (advance payment) and also fails to do so after having been set a reasonable grace period by the Provider.
V Warranty
1 The Provider will perform all orders solely on the basis of the data provided by the Principal. This data has to be exclusively submitted in the formats and with the specifications as listed in the customer information, in particular under "Instruction to print data" and "Technical details" as well as in the respective PDF-template. If there are any deviations or in case of
other specifications, error-free printing cannot be guaranteed.
2 Any Provider guarantee will strictly not be valid for print data, if it
- has a resolution that is too low and/or
- uses missing or defective fonts or fonts that are not embedded.
3 Any Provider warranty will also not be valid if the nature of the print data, or its creation differs from the instructions that are published for the product in question.
4 If the Principal did not order a test print or did not object to any test print made by the Provider immediately after becoming aware of the issue, warranty claims will be excluded, unless they relate to defects for which the information provided by the test print is not of any importance.
5 Complaints due to obvious defects can only be made in writing and within two weeks upon receipt of the goods. Defects which are not obvious to assert will be claimed within the statutory warranty period.
6 No complaints may be made with regard to deviations from the contract that are not significant to the usability of the product do not change the contractually agreed nature of the product. (Defects of a part of the delivered goods do not result in an entitlement to make a complaint about the entire delivery, unless the partial delivery is of no interest to the Principal.
7 Subsequent performance in the event of material defects. In case of justified complaints, according to Principal's choice the Provider will either provide a remedy for improper performance or replacement while excluding any other claims. If the type of subsequent fulfilment chosen by the Principal is only feasible with disproportionately high costs, the Principal will be limited to another type of subsequent performance.
8 A prerequisite for any remedy of improper performance or replacement is the return of the part in question to the Provider. The Provider will be responsible for the cost of any return delivery up to the costs as calculated by the Provider for such delivery.
9 The Provider will have a reasonable period of time to carry out any remedy of improper performance or replacement.
10 In the case of a late, neglected or failed remedy of improper performance or replacement, the Principal will be entitled to withdraw from the contract to the exclusion of damages, if at least once it has threaten to do so in writing while granting a grace period.
VI Delivery times
1 Unless a fixed deadline or a fixed date is agreed upon in writing, deliveries and services by the contractor will be implemented as soon as possible, but within no more than four weeks.
2 In case of delays in delivery for which the Provider is responsible, the duration of the statutory grace period will be set to two weeks, which will commence upon contractor's receipt of the notice of the setting of the grace period. Compliance with the delivery and service obligations of the contractor requires the timely and proper fulfilment of all of the Principal's obligations.
3 Fixed dates for the performance of service will only be valid if the Provider has confirmed the dates as a fixed date, fixed deadline or binding date. In case of failure to meet any fixed dates, the Principal will be entitled to rescind the contract immediately. Up to the date of the written notice of rescission, the contractor may charge for any deliveries and services it has provided and which have been accepted by the Principal, unless the Principal would be unfairly economically disadvantaged by charges of this kind.
4 If the Principal is in default of acceptance, the contractor will be entitled to demand compensation for the loss suffered; upon commencement of the default in acceptance, the risk of accidental deterioration and loss will be borne by the Principal.
VII. Retention of title
1 Until complete payment for the goods has been made by the Principal, the Provider will reserve the right of ownership of the goods delivered. During periods of such reservation of rights, the Principal will not sell the goods (hereinafter: goods subject to retention of title) or otherwise dispose of the property.
2 In the event of third party access - in particular bailiffs - to the goods subject to retention of title, the Principal will refer to the property of the contractor and will inform the same promptly, so that the contractor may enforce its property rights.
3 In the event of any violating behaviour of the Principal - especially in case of delayed payment - the contractor will be entitled to rescind the contract and to demand the surrender of the goods subject to retention of title.
VIII Shipment- Transfer of Risk
1 The risk will pass to the Principal immediately upon receipt of the shipment by the person responsible for the transport or immediately upon the shipment has left the contractor's plant. If the Principal wishes to delay the shipment, the risk will pass to it once the shipment is ready for dispatch.
2 The shipment will be made to the address as stated by the buyer. Any deviating agreement will require the contractor's written approval.
3 The shipment will be made on the account of the Principal.
IX Copyright
1 The Provider will retain all rights for services rendered on behalf of the Principal, in particular to graphical designs, picture and bookmarks, layouts, etc. (copyright). By paying the remuneration the Principal will pay only for the work performed and not for the intellectual property rights, in particular the right of further reproduction.
2 The copyright may be assigned to the Principal or a third party in exchange for remuneration if this has been agreed in writing. In this case only upon payment of the remuneration agreed the rights will pass to the property of the Principal or any third party.
3 The contractor is not obligated to surrender any intermediate products such as data, lithographs or plates for the manufacture of the final product due. Deviating agreements are possible and must be agreed upon in writing.
X Release of rights
1 We reserve the right, even without Principal's express consent, to send finished products as demos to customers, or to make them available in this way on our website. This excludes personal products. If the contractor does not agree, it will notify the Principal in writing.
2 The Principal grants the contractor the right to use its name for marketing and promotional purposes. If the contractor does not agree, it will notify the Principal in writing.
XI Industrial property rights and copyrights
The Principal will be solely liable, if by execution of its order any rights of third parties, in particular copyright, trademark and patent rights and the like will be infringed. The Principal declares that it holds the copy and reproduction rights to the documents submitted. The Principal will keep the contractor free and harmless from any third-party claims due such infringement.
XII Confidentiality
1 If not otherwise expressly agreed to in writing, information made known to the contractor in connection with the orders will be deemed confidential information.
XIII Privacy Policy
1 Kalenderwerk.de takes the protection of your privacy very seriously. The protection of your personal data in connection with the use of our services is an important issue for us. We collect all personal data in accordance with the applicable data protection act, in particular, in accordance with the German Data Protection Act (BDSG) and German Telemedia Act (TMG). The following statement will give you an overview how we protect your personal data. The Principal is responsible for using state-of-the-art protection programs against computer viruses. The Principal is solely responsible for any data backup of print data. The Provider is entitled, but not obliged, to make copies of the print data.
2 In principle you may visit our websites without our collecting personal data from you. If you purchase or use the Provider's products and for this reason want to register with us, it is necessary for us to collect, store and use your personal data for the use, content, order, delivery and payment process concerning our services at www.kalenderwerk.de. Name and first name (including title), address, country, email address, phone number, bank account data, possibly also your personal password. If you do not give us your consent, we will not be able to provide you with the services offered and may also not be able to offer a comprehensive and focused service to your individual needs.
3 The Provider will not sell your personal data to any third parties nor have any to third parties use the same in any way. In order to send our products to you, we will provide our shipping company with your address details. Our shipping companies may solely use the submitted data for the performance of their tasks. In addition, we will not pass on your personal data to any third party unless you have expressly consented to such handover. This excludes the cooperation with Bürgel Wirtschaftsinformationen GmbH & Co. KG information to protect us against losses due to bad debt.
4 Schufa-clause - We reserve the right to require information on your credit rating from SCHUFA or Bürgel Wirtschaftsinformationen GmbH & Co. KG.
5 Kalenderwerk.de use so-called cookies. A cookie is a small text file that your web browser stores on your computer�s hard drive. Cookies are used for storing your personal settings and access to individual web pages or to facilitate the use of our online service by individual support. If you prefer not to receive cookies, you can set up your browser so that it deletes cookies from your hard drive, blocks all cookies or warns you when a cookie has been stored. Please note that any deletion or blockage of cookies will result in you not being able to use all of our services offered without any restrictions. This is why we recommend that you keep the cookie function activated.
6 Please make sure to protect your password against access by third parties. We recommend that you always log out once you have left your personal area.
7 You may view and update your collected and stored personal data at any time under the heading my "My Account". In addition, we will be pleased to answer your questions about this privacy statement or your personal data.
8 You may at any time revoke your consent to the collection, storage and use of your personal data in writing or electronically with effect for the future via the following address. You can also object to the use of your inventory data for advertising and marketing at any time, in writing or electronically, via the following address.
9 DrechslerMedien, Peniger Straße 1-3, 04643 Geithain is responsible in accordance with the German Federal Data Protection Act.
XIV Provider information
The provider of the internet platform Kalenderwerk.de is:
DrechslerMedien
Peniger Straße 1-3
D-04643 Geithain, Germany
Tel.: +49 (0) 34 341.18 323
Fax: +49 (0) 34 341.18 326
www.kalenderwerk.de
kontakt@kalenderwerk.de
Proprietor: René Drechsler
VAT-ID: DE175085486
Responsible contact person: René Drechsler