General Terms and Conditions of myprintgallery.co.uk - hereafter referred to as "Agent" -
1. Scope
a) For all offers, cost estimates, sales and
deliveries, the following conditions shall apply, provided that this is not
contradicted by compulsory legal regulations or something different is
explicitly agreed.
b) Counter-confirmations by the principal, with
reference to his terms and conditions, shall not be accepted. Deviating
conditions shall only apply if they have been confirmed by us. The same applies
to verbal side agreements or supplemental agreements to the written agreement.
c) The personnel of the Agent are not authorised to
consent to additional agreements and amendments to these General Terms and
Conditions. The managing director of the Agent or his office manager shall be
solely authorised to do so.
2. Order placement, order acceptance and dates
a) Orders shall only be binding if they have been
confirmed in writing by the Agent.
b) For orders with delivery to third parties, the
ordering party shall be regarded as the principal. If the delivery to the third
parties takes place for their benefit or if the recipient of the delivery is
benefitted in another manner by ownership and further use of the delivery, the
ordering party and recipient of the delivery shall be jointly regarded as the
principal. With the placement of such an order, the ordering party implicitly
assures that consent to this exists.
c) For orders at the expense of third parties,
regardless of whether they are for own account or third party account, the
ordering party and the invoice recipient shall jointly be regarded as the
payment obligor. With the placement of such an order, the ordering party
implicitly assures that the consent of the invoice recipient exists for this.
d) Delivery dates are fundamentally regarded as
being non-binding. The dates mentioned in the offer/order confirmation for
order completion correspond to the respective status of planning. With
non-adherence, the Agent is to be set an adequate grace period. After the
fruitless expiry of the grace period, the principal shall be entitled to
withdraw from the agreement. Until this point in time, deliveries and services
ordered and accepted by the ordering party can be charged by the Agent, unless
the ordering party has been inappropriately economically disadvantaged by the
charge.
e) Fixed dates for the provision of the service
shall only be valid if the Agent confirms these as fixed dates, firm dates or
binding dates. With fixed dates, in the event of exceeding the deadline, the
principal shall be entitled to cost-free withdrawal from the agreement. Until
the point in time of written notification of withdrawal, the deliveries and
services ordered and accepted by the ordering party can be charged by the
Agent, unless the ordering party has been inappropriately economically
disadvantaged by the charge.
f) With force majeure or circumstances, which make
the fulfilment of the accepted orders infeasible or difficult, the Agent shall
be entitled to either withdraw from the order or reduce the amount of the order
or fulfil the respective order later, also with orders that have been confirmed
and are already being implemented, excluding any compensation claims. An agreed
deadline extends by the duration of the delay. However, cancellation by the
principal is not possible earlier than four weeks prior to the occurrence of
the described operational disruption. In these cases, liability by the Agent is
excluded.
g) If the ordered goods are delivered to the
address specified by the principal and the goods are returned to the Agent by
the transport company, due to non-presence/non-collection, the goods shall be
held by the Agent on behalf of the principal for a period of two weeks from the
return date. If the principal should not contact the Agent in writing during
these two weeks, the goods shall be disposed of by the Agent, for a fee. The
payment claims by the Agent due to performance shall remain unaffected by this.
If the Agent should request re-sending of the goods during these two weeks,
listed additional prices (under 8 g) shall be charged for re-sending.
3. Order implementation / release by the principal
a) To the extent that nothing different is agreed
in writing, the Agent shall carry out all orders on the basis of the printing
data delivered/transmitted by the principal. The data is to be provided in the
file formats specified in the Agent’s order forms. With deviating file formats,
the Agent cannot guarantee fault-free performance, unless he has approved this
format in writing. The principal shall fully indemnify the completeness and
correctness of this data, even if data transmission or data media errors exist,
which are not the Agent’s responsibility.
b) The Agent reserves the right to only take into
account amendments to the order, which have subsequently been submitted by the
principal, i.e. after order acceptance by the Agent, if they have been
confirmed in writing by the managing director of the Agent or a person, who has
specifically be authorised by him. With respect to the amendment-related costs
for the principal, Article 8 c) of these General Terms and Conditions shall
apply.
c) Deliveries of all types by the principal or by
third parties appointed by him shall not be subject to an inspection obligation
by the Agent, this also applies to data media and transmitted data. This shall
not apply to data that is obviously not capable of being processed or read.
With data transmissions, the principal must use the latest state-of-the-art
protection programme for computer viruses prior to sending. The principal has
the sole responsibility for data backup. The Agent shall be entitled to prepare
copies.
d) Order cancellations are only possible in writing
by e-mail, using the online contact form and only as long as the Agent has not
yet been sent any printing data. If the cancellation by the principal should
take place on time, a processing fee of &euro 15.- excl. VAT (= &euro 18.15 incl. VAT)
must be paid, as well as the costs of the respective payment option. If
services have already been otherwise provided by the Agency, he shall optionally
also be entitled to charge on the basis of these services (e.g. printing data
checking, proofs). After delivery of the printing data,
cancellations/annulments shall no longer be possible, as these involve
personalised products, which cannot be sold on to third parties.
4. Imprint and advertising
a) With the consent of the principal, the Agent
shall be entitled to refer to us on contract products in a suitable manner.
Consent by the principal can only be refused if he has an overriding interest.
b) The Agent reserves the right, also without
explicit consent by the principal, to send out specimens of the orders to third
parties as quality samples.
5. Periodic work
Contracts for regularly recurring work can be
cancelled in writing to the Agent, with a notice period of at least three
months to the end of a month.
6. Industrial property rights and copyrights
The principal shall be held solely liable, if third
party rights, particularly copyrights are infringed in implementing his order.
The principal declares that he holds the duplication and reproduction rights
for the submitted documents. The principal shall indemnify the Agent for all
claims by third parties due to legal infringement in this respect.
7. Warranty, indemnity, right of return and
reimbursement
a) The principal must inspect the proper form of
the delivered goods and the preliminary and interim products dispatched for
correction, in any case. The risk of such errors is transferred to the
principal with the print/production release, to the extent that it does not
involve errors, which only occurred, or could be identified, in the production
process following release. The same applies to all other release declarations
by the principal.
b) The risk of accidental loss of the ordered goods
and damage to the goods during transport shall transfer to the principal, as
soon as the shipment has been handed over to the person carrying out the
transport, or has left the Agent’s factory for shipment. If the shipment should
be delayed at the request of the principal, the risk shall be transferred to
him with the notification of readiness for shipment. If the buyer is a
consumer, the risk of accidental loss and accidental deterioration of the sold
goods shall only transfer with handover of the goods to the buyer, even with a
mail order purchase. If the buyer is in acceptance default, this shall be
equated to handover.
c) If the order should involve a mutual trade
transaction within the meaning of the German Commercial Code, the principal
must inspect the goods immediately after delivery. Defects discovered during
the course of this must be immediately notified to the Agent in writing. A
detailed description of the defects must be included. If the principal should
fail to provide notification, the goods shall be regarded as approved, unless
the defect was not identifiable upon inspection.
d) Return shipments of any type must be agreed with
the Agent. Goods returned without shipping costs paid shall not be accepted. In
the case of a justified complaint, the Agent shall compensate the standard
shipping costs.
e) With colour reproductions in all manufacturing
methods, slight deviations from the original cannot be rejected. The same shall
apply, for technical reasons, to the comparison between other templates, e.g.
proofs and printouts, even if we have prepared them, and the end product.
f) The Agent shall only indemnify deviations in the
quality of the material used, up to the amount of the order value.
g) If the principal should not have provided a
printout of the printing data upon request and also not inspected a proof or
contact print prepared by the Agent, the Agent shall be exempted from any
indemnity. Returns shall not be acknowledged in this regard.
h) Defects to one part of the delivered goods shall
not provide entitlement to return the entire delivery, unless the partial
delivery is not in the interest of the principal.
i) Excess or short deliveries of up to 10 % of the
ordered quantity are to be accepted. These shall also include spoilage,
start-up sheets, adjustment copies for further processing machinery,
production-related cuttings of the upper and lower sheets, which are not
removed.
j) In the event of a defect to the delivered goods,
for which the Agent is responsible, it shall be at his option to rectify the
defect or provide a replacement delivery. In the event that the rectification
should fail, the principal shall have the option to reduce the purchase price
or unwind the agreement.
k) Further claims shall be excluded – regardless of
the legal grounds. The Agent shall not assume any indemnity for losses that do
not relate to the delivered item. Lost profit and other financial losses
incurred by the principal are specifically included in this exclusion. This
shall also apply to all losses, which are caused by the employees,
representatives and vicarious agents of the Agent.
l) For losses caused by default and infringement of
duties relating to material contractual obligations, the Agent shall only
indemnify, to the extent that these losses are foreseeable.
m) If changes are carried out on the delivered
object by the principal or by third parties, the indemnity of the Agent shall
be excluded, unless the changes are not the cause of the error or loss.
n) All documents handed over to the Agent shall be
treated with care by him. The Agent shall only indemnify up to the value of the
materials, in the event of damage or loss. Further claims of any type are
excluded.
o) The above mentioned indemnity limitations shall
not apply in the case of gross negligence or deliberate acts.
p) The statutory warranty regulations apply to
consumers. For entrepreneurs and merchants within the meaning of German
Commercial Code, the warranty period shall amount to one year from delivery of
the goods.
8. Prices
a) For the products and services of the Agent, his
current price list at the time of order placement shall apply, unless other,
written, confirmed prices have been agreed with him or the respective price
list contains obviously incorrect prices.
b) The prices are stated for delivery from the
place of business in the Agent plus VAT, paying addition and possibly other
resulting costs (e.g. verification of print data).
c) Amendments to the order requested afterwards,
i.e. after acceptance of the order by the Agent, shall be charged. Any change
to the commercial order data (invoice recipient, delivery address, shipping
type, payment method, etc.) shall be regarded as an amendment to the order.
Amendments at the request of the principal shall be charged at a flat rate with
an additional fee of &euro 10.00 excl. VAT (= &euro 12.10 incl. VAT). At his option,
the Agent shall also be entitled to charge on the basis of the services
provided, if the principal has been notified of the anticipated costs for the
amendments to the order, within the context of the written confirmation of the
managing director of the Agent, pursuant to Article 3 b).
d) The Agent shall be entitled, but not obligated,
to independently carry out necessary preliminary work, particularly on the
delivered or transmitted data of the principal, without consulting him, if this
lies in the commercial interest of the principal or contributes to adherence to
the completion date for the order. Such work shall be charged according to its
respective time and effort, however, up to a maximum of 20 % of the order
value.
e) For re-shipments, the Agent shall charge the
following costs for renewed standard shipment.
f) If the acceptance of the delivered goods is
refused by the principal/goods recipient without a justified reason,
notwithstanding his already existing payment entitlement, the Agent shall have
the right to charge a flat rate compensation fee of &euro 50.- excl. VAT (= &euro 60.50
incl. VAT). The principal, however, shall have the opportunity to prove that a
lower loss exists, which shall then be used as the basis.
9. Shipping
a) The place of performance is the registered
office of the company, i.e Print Gallery
