§1 General - Area of application (scope)
The following terms and conditions apply to all business relations of the company 47 Company GmbH & Co. KG, in the following designated as contractor, over the web pages http://www.47company.de, http://www.47print.co.uk and their attached sides, if the customer has his billing address in the UK.
Customers in the meaning of the terms and conditions are both consumers and entrepreneurs.
Relevant in each case is the valid version of the contract conclusion.
§2 Contract conclusion
1.The offers of the contractor are without engagement. Technical as well as other changes remain caveat.
2. The presentation of the products in the on-line Shop does not represent a legally binding offer, but a noncommittal on-line catalogue. By clicking on the Button "prepare order" at step 4 you are making a binding order on the goods contained in the shopping cart. The "entry" confirmation of the order follows immediately after your clicking on the Button "prepare order".
3. The contract is only accomplished, if the contractor sends an order confirmation by E-Mail to the customer, at the latest however with the distribution of the ordered items.
4. Obviously offending orders against the constitution of the Federal Republic of Germany/UK or against ethical basic values will not be processed.
§3 Delivery, Passage of risk
1. Subject to a frictionless work flow you can expect to receive your ordered items within the indicated delivery time on our homepage. The contractor is not responsible however for the adherence to these dates of delivery, unless, such a date was assured to the customer within the confirmation of order. I such a case the obligation of the contractor to indemnify is limited to the amount of the order value. Further claims are not valid.
2. The delivery time extends for all cases of higher force by the time, as the obstacle exists. As higher forces apply in particular all strike, operational disturbances - especially disturbances in the data lines - as long as these obstacles are considered to have the provable influence on the delivered items. This applies also, if the obstacle occurs at one of the contracting partners of the contractor. The aforementioned circumstances are also not to be represented by the contractor, if they occur during its already existing delay.
1. The specified prices on the Website apply under the caveat that the order details of the customer remain unchanged.
2. If a consignment of items, which the customer has to represent, have to be send again on his desire, then he has to bear for the resulting costs.
3. Auxiliary costs e.g. for packing, freight, postage, insurance and other forwarding expenses are viewable at the price list. Cost for data conversion, test print and similar pre-working, which are compelled by the customer, have a price of £ 60 per hour. In the case of orders, which we receive differently than by Upload over our side (e.g. by E-Mail or by post office), can be charge with an input lump sum of £ 60.
4. The indicated payment types apply for the customer.
5. If the fulfilment of the pecuniary claim is endangered because of after contract conclusion occurring or a becoming generally known degradation of financial circumstances of the customer, then the contractor is able to demand pre-payment and immediate payment of all open amounts (also of not yet payable amounts), not yet delivered items retained as well as stopping to continue working on still current orders. These rights are entitled to the contractor also, if the customer does not make a payment despite due to a distortion justifying reminder.
6. Later, i.e. after our order acceptance, changes compelled of the order are charged for. As a change of an order are also considered each change of the commercial order dates (invoice recipients, delivery address, despatch type, method of payment and such). Desired changes of the customer or address corrections by the delivery service (wrong or incomplete address specifications), become a fee of 8 Pounds inclusive German VAT.
§ 5 Retention of title
1.The items remain our property until payment has been made in full, in the case of entrepreneurs until complete payment of all demands from a current business relation.
§ 6 Warranty
1. The Customer shall in all cases be obliged to inspect the supplied data immediately on receipt to ensure conformity with the contract. The same applies to pre and intermediate corrected data.
2. Obvious defects shall be reported in writing within a time period of one week after you received the goods; otherwise the assertion of the warranty claim shall be excluded. To keep the respite, the sending off in time is sufficient. Concealed defects shall be reported within a time period of six month of discovery (six month after the delivery from the producer).
3. In the case of justified objections do consumers have the choice, if the subsequent performance should happen by rectification or replacement. We are entitled to refuse the kind of the selected subsequent performance, if it is only possible with disproportionate costs and the other kind of the subsequent performance is possible without substantial disadvantages for the consumer remains. With entrepreneurs we solve warrenty out for lack of articles first after our choice by rectification or replacement. In each case, the subsequent performance remains limited to the extent of the order value. Same for the case of a entitled objections of rectification or replacement. In the event that remedy of the default or delivery of a replacement is delayed, is not carried out, or is not successful, the Customer shall rescind the contract. Liability for consequential damages shall be excluded.
4. Lack of a part of the supplied articles entitles not for the objection of the entire supply, unless the partial delivery is without interest for the customer.
5. The Contractor shall only be liable for deviations in the composition of the materials used up to the amount of own pretensions against the den respective pre-supplier. In such a case the contractor is released from its adhesion, if he surrenders its requirements against the pre-supplier to the customer. The contractor is liable like a bailer, as far as pretensions against the pre-supplier by default of the contractor do not exist or such pretensions are not enforceable. The use of higher quality material is not a reason for reclamation.
6. If the data, given by the customer, does not correspond with the requirements of the 47 Company GmbH & Co. KG, they will be prepared for printing without consultation. This applies especially for files, whom are based on RGB-Colours or CMYK-Colour profile comprises, files with low resulution and files (PDFs) without all writings converted into curves. Any color deviations and/or losses with the quality of the final product cannot be complained. An entire colour application of more than 260% can entail a negative print result. This is likewise no reason to complain. If PDF-files are delivered with wrong file dimensions and if no data check was ordered along, then thay will always be centered and if necessary printed scaled. If PDF files contain RGB data, then we will rasterise the files and transformed to CMYK. The quality loss caused by wrong data delivery is not a reason to complain.
Uploaded PDF-Files which were created with CorelDraw are not a reason for a complaint if there is a print image deviation.
7. No objection may be raised to over-deliveries or under-deliveries of up to 10% of the print run ordered, credit or subsequent billing can take place.
§ 7 Right of withdrawal
The right of withdrawl does not exist for goods, which are produced after customer specifications or are clearly fitted to customer needs.
§ 8 Liability for damage
1. Pretensions of the customer on payment for damages are by the subject to the following regulations impossible, if the damage was not caused by intention or rough negligence. This applies also with easily negligent obligation injuries of our executing aides.
2. The preceding liability for damage statement does not apply, if we negligently violated a substantial contractual obligation; our obligation to indemnify is however limited to the contract-typical predictable damage in this case. In particular the contractor is not responsible for lost trading profit and/or lost savings. Obvious transport damages are to be claimed immediately at the transport enterprise; relevant later objections cannot be accepted.
§ 9 Safe-keeping
In the case of sending of not being asked artworks e.g. data media or the like we do not take over adhesion; they were not kept. A return only takes place, if the customer provides a sufficiently franked, addressed back envelope. The contractor is only responsible for damages by resolution or rough negligence.
§ 10 Property / Copyright
The prints and electronic publications are produced due to the content wise defaults of the customer. For this reason the customer clings in relation to the 47 Company GmbH & Co. KG for the fact that he is entitled for usage/propagation/circulation of the data without reservation, inclusive texts and pictorial material. Furthermore the customer clings, that given prints for the production are not under commercial patent rights or hurt copyrights of a third and their contents are not against competition-legal regulations or against the good customs offend.
§ 11 Data security
1. According with § 4.1 TDDSG is the contractor obligated, to inform you as a customer over the kind, range and purpose of the collection, processing and use of the personal data necessary for the execution of orders in detail as well as over the right to object the use of your anonymous profile. Your stored data will be treated confidential and only passed on to our partner enterprises with necessary extent for the fulfilment of your order. Your data will not be passed on to different companies than for the firm group belonging enterprise for the purpose of the advertisement or market study. Further information to the data security you can find HERE.
2.The customer agrees the collection, processing and use of its personal data expressly. He can recall the consent of storage and specific processing of its data at any time in writing or by transmittal of an E-Mail at email@example.com
with indication of his customer number. From this it follows a complete deletion of its profile from our data base.
§ 12 Valid right / Place of fulfilment / Jurisdiction
1. It applies the right of the Federal Republic of Germany, unless, the validity of German right is impossible due to compelling standards.
2. The regulations of the UN convention do not apply.
3. Customer with living and/or registered place of business outside of the European Union: The regulations of the UN convention do not apply.
4. Place of jurisdiction for buyers is the registered place of the contractor.
§ 13 Severability clause
If individual regulations of the contract with the customer including these general terms and conditions should be totally or partly ineffective or become, then thereby the validity of the remaining regulations is not affected. The totally or partly ineffective regulation is to be replaced by a regulation, whose economic success comes as close as possible to the ineffective one.
§ 14 Copyright
All messages, diagrams and the layout of the web page of the contractor serve exclusively for the information of our customers. The use takes place on own risk. All data of this offer savour copyright protection; copying and the expression of the entire web page are only permitted for the purpose of an order at this company. Each treatment, duplication, spreading going beyond it and/or public rendition exceed the usual use, represent an offence against the copyright, which is criminally pursued and obligated to compensation. "47" is registered trademark of the 47 Company GmbH & Co. KG. All different on our web pages quoted registered trade marks, product names and company names and/or Logos are the sole property of the respective owners. All rights reserve.
§ 15 Other
47points, which by system errors or abuse were credited on a customer account, can at any time be deleted by the 47 Company GmbH & Co. KG.