General Terms and Conditions (GTCs) of allcop Farbbild-Service GmbH & Co. KG
1 Scope of application – Object of agreement
(1) Our (allcop Farbbild-Service GmbH & Co. KG, Kreuzhofstrasse 5, 88161 Lindenberg im Allgäu) T&Cs apply to the entire business relationship between us and the contractual partner. (2) Our T&Cs apply exclusively; we do not recognise terms and conditions from the contractual partner that conflict with or deviating from our T&Cs unless explicitly acknowledged by us in writing. Our general terms and conditions shall also apply if we provide a service without reservation or accept a service without reservation in the knowledge of terms and conditions of the contractual partner which are contrary to or deviate from our terms and conditions.
§ 2 Prices and payment terms
(1) Unless otherwise agreed, our price quotes refer to the net price. The statutory value-added tax is therefore not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing. (2) Cash discounts require a separate written agreement. (3) Unless otherwise agreed, invoices are due for payment immediately. (4) The contractual partner shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed, are synallagmatically linked to our main claim, or have been recognised by us. (5) A right of retention of the contractual partner is excluded, unless the counterclaim of the contractual partner originates from the same contractual relationship and is undisputed or legally binding. A written notification to us is required to assert the right. (6) We reserve the right to send the contractual partner invoice vouchers in electronic form by e-mail. On request, we will send the contractual partner invoices in paper form free of charge. (7) In the case of continuous obligations, we reserve the right to adjust our prices to the contractual partner in accordance with cost changes that have occurred.
§ 3 Performance period
(1) If deadlines for the provision of our service have been specified and made the basis of the contract with the contractual partner, such deadlines shall be extended in the event of a strike and in cases of force majeure for the duration of the delay (2) Insofar as the assertion of rights by the contractual partner requires the setting of a reasonable grace period, this shall be at least two weeks.
§ 4 Contractual rights of withdrawal
(1) In the event that we ourselves do not receive supplies, or do not receive supplies correctly or on time, we shall be entitled to withdraw from a contract which obliges us to deliver goods. (2) We shall be entitled to withdraw from the contract if the contractual partner has filed an application for the opening of insolvency proceedings against its assets, has made an affidavit in accordance with § 807 ZPO (German Code of Civil Procedure), or insolvency proceedings have been opened against its assets or the opening of such proceedings has been refused for lack of assets.
§ 5 Liability for defects
(1) If a service provided by us to the contractual partner is defective, we reserve the right to choose the type of subsequent performance. (2) The warranty period for the services and deliveries provided by us is one year. 5.The limitation period in the case of delivery recourse as per §§ 478, 479 of the BGB (German Civil Code) remains unaffected. (3) Paragraph 2 shall not apply insofar as claims for damages due to defects are concerned. For claims for damages due to a defect § 6 applies. (4) Unless expressly agreed otherwise, the contractual partner shall receive no guarantees from us in the legal sense.
§ 6 Liability for damages
(1) Claims for damages by the contractual partner due to a defect shall become time-barred after one year. This shall not apply if we have acted with intent or gross negligence or in the event of injury to the life, body, or health of the contractual partner (2) Our liability for contractual breaches of duty as well as for tort is limited to intent and gross negligence as well as to compensation for typically arising damages. This shall not apply in the event of injury to the life, body, and health of the contractual partner, claims due to the violation of cardinal obligations, i.e. obligations which arise from the nature of the contract and whose violation endangers the achievement of the contractual objective, as well as the compensation for damages caused by delay (§ 286 BGB). In this respect we are liable for every degree of fault. As far as damages which do not result from injury to the life, body, and health of the contractual partner are concerned, we shall, however, only be liable for the typically arising damage. Liability in the event of a delay in delivery is limited to 0.5% of the delivery value for each completed week of delay within the framework of a lump-sum compensation for delay, but not more than 5% of the delivery value. (3) The aforementioned limitation of liability shall also apply to slightly negligent breaches of duty by our vicarious agents. (4) Insofar as liability for damages not based on injury to the life, body, or health of the contractual partner for slight negligence is not excluded by the above paragraphs, such claims shall become statute-barred within one year, beginning with the accrual of the claim. (5) In the event liability for damages toward us is excluded or limited, the same applies to the personal liability for damages of our employees, representatives, and agents. (6) The claims arising from the product liability law remain unaffected.
§ 7 Reservation of title
We reserve the right of ownership of goods delivered by us until all claims against the contractual partner have been settled, even if the specific goods have already been paid. The contractual partner must inform us immediately of any enforcement measures by third parties against the goods subject to retention of title and hand over the documents necessary for intervention; this also applies to impairments of any other kind. Irrespective of this, the contractual partner must inform the third parties in advance of the existing rights to the goods. The costs of an intervention by us shall be borne by the contractual partner if the third party is not in a position to reimburse these costs.
§ 8 Form of declarations
Legally relevant declarations and notifications the contractual party is required to submit to us or a third party require text form.
§ 9 Place of performance – choice of law – place of jurisdiction
(1) Unless otherwise provided for in the contract, the place of performance and payment shall be our registered office. (2) Unless expressly agreed otherwise, the business relationship between us and the contractual partner shall be governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is precluded. (3) The exclusive place of jurisdiction for contracts with merchants and legal entities under public law or special funds under public law is the court responsible for our registered office. (4) In the event that our contractual partner has no general place of jurisdiction in Germany, the following shall apply: the exclusive place of jurisdiction is the court responsible for our registered office.
§ 10 Data protection
Only the personal and image data necessary for complete processing and delivery are transmitted for the processing of orders.After your order has been completed and delivered, the image data is stored in the systems for up to three weeks in order to be able to process any complaints and repeat orders. The image data is then deleted in accordance with data protection regulations.
§ 11 Property rights
Unless expressly agreed otherwise, we or the creator reserve the property rights, rights of use, and copyrights to illustrations, drawings, calculations, and other documents used by us within the scope of the business relationship as well as the commands and source codes on which the data processing is based.