General, scope of application
(1) We only deliver for commercial use.
(2) Our Terms and Conditions of Sale shall apply exclusively; we shall 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.
(3) All agreements made between us and the customer for the purpose of executing the sales contracts are set out in writing in these contracts.
(4) Our Terms and Conditions of Sale shall only apply to entrepreneurs within the meaning of Section 310 (1) of the German Civil Code (BGB).
(5) Our Terms and Conditions of Sale shall also apply to all future transactions with the Customer. Translation
Offer, Conclusion of Contract
(1) Our offers are subject to change and non-binding unless otherwise stated in the order confirmation.
(2) We reserve our property rights, copyrights and other industrial property rights to all illustrations, calculations, drawings and other documents. This shall also apply to such written documents which are designated as "confidential". The customer must obtain our express written consent before passing them on to third parties.
(3) In our store the customer has the possibility to select products and to
order them. The customer may specify the number of products he wishes to order on
the website. These are collected in a virtual shopping cart; the customer receives a compilation of the products at the end of his purchase. The Customer waives the right to be provided with technical means to detect and correct input errors before placing the order.
(4) The customer waives the obligations in the sense of § 312 e para. 1 sentence 1 No. 1 and No. 3 BGB as well as § 3 BGB Info V.
Prices, Terms of Payment
(1) Unless otherwise stated in the order confirmation, our prices shall apply "ex works" or, in the drop shipment area, ex German manufacturer's works excluding transport and packaging; transport and packaging costs shall be invoiced separately.
(2) Special services shall be invoiced according to expenditure.
(3) We reserve the right to change our prices appropriately if cost reductions or cost increases occur after the conclusion of the contract, in particular due to collective wage agreements or changes in material prices or fluctuations in foreign exchange quotations. We shall provide evidence of these to the customer upon request.
(4) The statutory value-added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the date of invoicing.
(5) The minimum order value is approx. 250.00 Euro. Below this amount, we will invoice a minimum quantity surcharge of 30.00 Euro; sample orders are excluded from this.
(6) In the event of a known liquidity bottleneck on the part of the customer, we shall be entitled to deliver only against advance payment or to refuse performance of the contract altogether.
(7) Unless otherwise stated in the order confirmation, the purchase price shall be due for payment without deduction within 14 days of the invoice date. Payment shall only be deemed to have been made when we can dispose of the amount. In the case of payments by cheque, payment shall only be deemed to have been made when the cheque has been cashed.
(8) The statutory regulations concerning the consequences of default in payment shall apply.
(9) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, he shall be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery, delivery time, performance time
(1) We are only obliged to deliver if the customer has ordered the minimum quantity specified in the article description.
(2) In the case of articles with advertising, it is possible that there will be an excess or short delivery (max. 10%) for technical reasons. However, we will make every effort to make an accurate delivery.
(3) Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The start of the delivery period stated by us shall be subject to clarification of all technical issues.
(4) Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the obligations incumbent upon the customer. We reserve the right to plead non-performance of the contract.
(5) We shall be entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for the customer.
(6) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights shall remain reserved.
(7) If the conditions of paragraph (6) are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
Transfer of risk, shipping / packaging
(1) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.
(2) Loading and shipment shall be uninsured and at the risk of the customer. We shall endeavor to take into account the wishes and interests of the customer with regard to the type and route of shipment; any additional costs incurred as a result - even in the case of agreed freight-free delivery - shall be borne by the customer.
(3) We do not take back transport packaging and all other packaging in accordance with the packaging law in force since 01.01.2019; pallets are excluded. The customer shall be responsible for the disposal of the packaging at his own expense.
(4) If shipment is delayed at the request of or through the fault of the customer, we shall store the goods at the expense and risk of the customer. In this case, notification of readiness for dispatch shall be deemed equivalent to dispatch.
(5) At the Customer's request and expense, we shall secure the delivery by transport insurance.
(1) Due to the material properties of the respective article, minor print color deviations may be possible. Minor print color deviations therefore do not constitute a defect within the meaning of § 434 BGB.
Slight deviations in format and material of the respective article are also possible and do not represent a defect in the sense of § 434 BGB.
The same applies to technical improvements, which we reserve the right to make.
(2) Insofar as the purchase is a commercial transaction for both parties within the meaning of § 343 para. 1 of the German Commercial Code (HGB), the customer may only assert its warranty claims for defects in compliance with its obligation to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The customer undertakes to enclose some samples of evidence with his notice of defects.
(3) In addition, entrepreneurs who are not merchants are obliged to notify obvious defects within 4 weeks after delivery. (Cf. MüKoBGB/Wurmnest BGB § 309 para. 8 Rn.70).
(3) Insofar as there is a defect in the purchased item for which we are responsible, we shall first be obliged to provide subsequent performance, to the exclusion of the customer's rights to withdraw from the contract or to reduce the purchase price (reduction), unless we are entitled to refuse subsequent performance on the basis of statutory regulations.
Subsequent performance may be effected, at our discretion, by remedying the defect (subsequent improvement) or by delivery of a new, defect-free item. The customer shall grant us a reasonable period of time for subsequent performance. In the event of subsequent performance, we shall bear the necessary expenses only up to the amount of the purchase price.
(4) If the supplementary performance fails, the customer shall be entitled, at its option, to demand a reduction in price or to declare its withdrawal from the contract. Subsequent performance shall be deemed to have failed with the second unsuccessful attempt, unless further attempts at subsequent performance are reasonable and acceptable to the customer due to the subject matter of the contract.
(5) 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.
(6) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, too, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.
(8) Unless otherwise stipulated above, liability is excluded.
(9) The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
Joint and several liability
(1) Any further liability for damages than provided for in § 6 shall be excluded - irrespective of the legal nature of the asserted claim. This shall apply in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for damage to property pursuant to § 823 BGB.
(2) The limitation according to subsection (1) shall also apply insofar as the customer demands the reimbursement of useless expenses instead of a claim for damages in lieu of performance.
(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, representatives and vicarious agents.
Retention of title
(1) We retain title to the purchased item until receipt of all payments arising from the business relationship with the customer. In the event of conduct by the customer in breach of the contract, in particular in the event of default in payment, we shall be entitled to take back the object of sale. Our taking back of the purchased goods shall constitute a rescission of the contract. After taking back the object of sale, we shall be entitled to dispose of it; the proceeds of such disposal shall be set off against the customer's liabilities - less reasonable costs of disposal.
(2) In the event of seizures or other interventions by third parties, the customer shall notify us in writing without delay so that we can bring an action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
(3) The customer shall not be authorized to pledge or assign as security the goods subject to retention of title.
However, the customer shall be entitled to resell the purchased goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) of our claim accruing to him from the resale against his customers or third parties, irrespective of whether the purchased goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have not been suspended.
If this is the case, however, we may demand that the customer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
(4) The processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered subject to reservation of title.
(5) If the object of sale is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including value added tax) to the other mixed objects at the time of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed to be agreed that the customer transfers co-ownership to us on a pro rata basis. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us.
(6) 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%; the selection of the securities to be released shall be incumbent upon us.
Samples, Production Templates, Reprofiles, Digital Templates,
Third-party rights, advertising texts and illustrations
(1) The customer shall receive one sample or one production template of each article without any surcharge for small quantities upon the first sampling. Samples cannot be returned.
(2) The customer shall not be permitted to reproduce and/or use for toolmaking any samples, production templates, reprofiles or digital templates created and made available by us, irrespective of whether the customer itself or third parties carry out this toolmaking.
(3) Reprofiles in the size 1:1 shall be provided by the customer or shall be produced by us in accordance with the customer's template at cost and at cost price.
(4) If digital templates are sent to us on data media, we reserve the right to check their usability in advance; any costs incurred will be charged to the customer for approval.
(5) If the customer provides us with samples, production templates, repro films or digital templates, the customer shall be liable for ensuring that these are free of third-party rights. In this respect, the customer undertakes to indemnify us completely against claims by third parties arising from possible infringements of their rights.
(6) By placing an order, the customer grants us express permission to photograph articles manufactured for him and to display them in our respective catalogs.
(7) We point out that not all advertising texts and illustrations shown in our catalogs have been produced by us; they serve merely as examples.
Advertising Placement, Individual Costs
(1) If the customer does not provide precise information on the location of the advertising placement or if the desired placement cannot be complied with for technical reasons, the advertising will be placed in a suitable location.
In detail, we charge the following costs:
(2) Advertising placement costs: unless the item description states otherwise, setup costs of 12.50 euros will be incurred per item and for each advertising text.
(3) Tooling costs: If the article description does not state otherwise, the corresponding tools will be charged at cost price according to time spent. If we have received the customer's template, approximate prices can be quoted in advance.
(4) Screen stencil costs / pad cliché costs: Screen stencils and pad clichés are newly created for each order. Unless otherwise stated in the article text, we charge the following costs:
22.00 Euro for smaller print areas (for flat promotional items and / or ballpoint pens, lighters, etc.).
up to 50.00 Euro for larger print areas (such as bags, umbrellas, radios, watches, etc.).
(5) Lithofilm costs: Lithofilm costs are incurred for company logos, extensive typesetting texts, character and typesetting montages, reductions and enlargements. Unless otherwise stated in the article text, we charge 15.00 Euro for litho film costs.
(6) Reprofilm costs: If reprofiles are created by us according to the customer's artwork, we will invoice the customer for our own costs according to the time and effort involved.
(7) Typesetting costs: For typesetting costs, we charge 7.70 Euro per line if we can emboss from existing typesetting letters. The following will be invoiced in detail
for correction proofs 50.00 Euro
for special printing inks 12,50 Euro
for correction embossing samples 50.00 Euro
(8) Assembly and text correction costs: Extensive assembly and text corrections will be made by us at cost price. The latter will be invoiced to the customer. The customer will be informed of these costs in advance.
Place of Jurisdiction, Applicable Law, Place of Performance
(1) If the customer is a merchant, Leverkusen is agreed as 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 UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.
(4) Data protection- For the purpose of order processing, we store data of our customers and, if necessary, pass them on to third parties for this purpose. We also use the data for advertising purposes. The customer may object to the use of the data for advertising purposes at any time.
General Terms and Conditions of Sale of m.e.s. ideenreich GmbH (as of September 2020)
Addition to our General Terms and Conditions
We hereby inform you that we do not accept cancellations of orders or contracts related to foreseeable, economic disruptions due to the currently rampant Corona virus, especially, but not exclusively, due to cancellations of events/events or delivery problems - unless otherwise stipulated in writing, contractually.
Therefore, please take note of the above before placing/confirming your order.
We thank you for your understanding.