Our general terms and conditions, which govern the commercial relationship with our customers, will be published in this section soon.
General Terms and Conditions of promo4ever.eu for Businesses
Section 1 Scope, Language
(1) All offers, deliveries, and services based on orders placed by our customers (hereinafter "Customer") via our promo4ever.eu online shop (hereinafter "Webshop") are subject to these General Terms and Conditions, with the exception of layout orders.
(2) The Customer's terms and conditions do not apply, even if we do not expressly object to their validity. (3) Contracts with the Customer are concluded exclusively in German.
Section 2 Conclusion of Contract, Client, Agreements, Client
(1) Our offers in the Webshop are non-binding and subject to change without notice, and merely constitute an invitation to submit offers.
(2) By placing an order in the Webshop (which requires prior login and acceptance of these General Terms and Conditions), the Customer submits a binding offer to purchase the product(s) in question. The Customer is bound by this offer until the end of the third business day following the day the offer was made.
(3) We will send the customer an email confirmation of receipt of the offer immediately upon receipt, which constitutes acceptance of the offer.
(4) Our sales staff is not authorized to make any verbal agreements with the customer in connection with the contract.
(5) The written, telex, or email contract, including these General Terms and Conditions, is the sole basis for the legal relationship between us and the customer. It fully reflects all agreements between us and the customer regarding the subject matter of the contract. Verbal promises made by us prior to the conclusion of this contract are not legally binding. Verbal agreements are superseded by the order placed via the online order form, unless it is expressly stated therein that they remain binding.
(6) Amendments and modifications to the agreement, including these General Terms and Conditions, must be in writing to be effective. With the exception of managing directors or authorized signatories, our employees are not authorized to make any verbal agreements that deviate from these terms. To comply with the written form requirement, transmission by fax or email is sufficient. Other means of communication are not sufficient.
(7) For orders with delivery to a third party, the ordering party is considered the client. If delivery to a third party is for their benefit, or if the recipient of the delivery is otherwise enriched by taking possession of and further using the goods, then both the ordering party and the recipient of the delivery are jointly considered the client. By placing such an order, the ordering party implicitly warrants that the necessary consent has been obtained.
(8) When ordering on behalf of a third party, regardless of whether in one's own name or on behalf of another, the ordering party and the invoice recipient are jointly considered the client. A subsequent change to the invoice after it has already been issued, at the request of the ordering party, to a different invoice recipient constitutes the implicit assumption of liability by that invoice recipient. By placing such an order, the ordering party implicitly warrants that the invoice recipient's consent has been obtained.
(9) Any side agreements, amendments, or additions to this contract are only valid if confirmed by us in writing.
Section 3 Right of Withdrawal
Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and who are acting in the course of their commercial or self-employed professional activity when concluding the contract do not have a right of withdrawal.
Section 4 Prices, Payment, Security
(1) Our prices include packaging, shipping to one delivery address in Germany (excluding Saturday delivery), and statutory VAT, but not fees for payment methods or shipping to multiple delivery addresses.
(2) Unless expressly agreed otherwise in writing, we deliver against prepayment, via PayPal (fee EUR 4.12 plus VAT), and prepayment against an invoice (which is sent by email and may also be included in our order confirmation).
(3) A payment is only considered complete when we have received the funds.
(4) A reasonable prepayment or security deposit may be required for all orders.
Section 5 Print and Order Data, Data Transfer
(1) The data must be supplied in the file formats and print data specified by us. The contents of the data sheets must be strictly observed. We cannot guarantee error-free performance for deviating file formats unless this format has been approved by us in writing. The customer is fully liable for the accuracy of this data, even in the event of data transfer or data carrier errors.
(1) Defects exist, but these are not our responsibility.
(2) Deliveries of any kind by the customer or by a third party engaged by the customer, including data carriers and transmitted data, are not subject to any inspection obligation on our part. This does not apply to data that is obviously unusable or unreadable, or in the case of an express agreement (professional data check).
(3) When transmitting data, the customer must use up-to-date anti-virus software before sending. Data backup is the sole responsibility of the customer. We are entitled to make copies of the data.
Section 6 Unjustified Refusal of Acceptance
If acceptance is unjustifiably refused, we will charge a flat-rate compensation fee of EUR 50.00 plus statutory VAT. However, the customer has the option of proving a lesser loss, which will then be applied. We also have the option of proving a greater loss, which will then be applied. The goods/the amount owed under the contract will be invoiced regardless.
Section 7 Delivery, Delivery Time, Partial Deliveries, Force Majeure
(1) Delivery is made exclusively within Germany.
(2) The relevant period for determining the delivery time refers to working days (Monday to Friday, excluding public holidays in Hesse) and begins one day after receipt of print-ready data or print approval within the respective deadline and full payment for the goods (including VAT). In the case of advance payment, the date of receipt of payment in the promo4ever.eu account is decisive.
(3) We are entitled to make partial deliveries of separately usable products included in one order, and we will bear any additional shipping costs incurred as a result.
(4) We are not liable for impossibility of delivery or for delivery delays insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy, or raw materials, difficulties in obtaining necessary official permits, official actions, or the failure, incorrectness, or lateness of deliveries by suppliers) for which we are not responsible. If such events significantly impede or render impossible our delivery or performance, and the impediment is not merely temporary, the customer is entitled to withdraw from the contract. In the case of temporary impediments, the delivery or performance deadlines or dates are extended or postponed by the duration of the impediment plus a reasonable start-up period. If, as a result of the delay, acceptance of the delivery or performance is unreasonable for the customer, they may withdraw from the contract by giving us immediate written notice.
If, as a result of the delay, acceptance of the delivery or performance is unreasonable, they may withdraw from the contract by giving us immediate written notice. (5) If the impediment lasts longer than one month, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the unfulfilled portion. If the delivery time is extended or we are released from our obligation, the customer cannot derive any claims for damages from this. We can only invoke the aforementioned circumstances if we notify the customer without undue delay.
Section 8 Subsequent Changes, Preparatory Work
(1) Subsequent changes to the order, i.e., changes made after acceptance of the order by the customer, will be invoiced. Any change to the order details (invoice recipient, delivery address, shipping method, payment method, etc.) is also considered a change to an order. Changes requested by the customer will be invoiced at a flat rate of EUR 12.52 (plus VAT), unless otherwise agreed in writing.
(2) Changes to delivered or transmitted data and similar preparatory work requested by the customer will be invoiced separately.
(3) We are entitled, but not obligated, to independently carry out necessary preliminary work, particularly on the customer's supplied or transmitted data, without prior consultation with the customer, if this is in the customer's economic interest or contributes to meeting the order's completion deadline. If the customer's data does not meet our specifications and errors arise in the final product due to corresponding adjustments to the print data, these errors are not our responsibility. The customer expressly acknowledges that this work is carried out at their own risk. Consequently, claims are excluded. Such work will be billed according to the time spent.
§ 9 Cancellations, Costs
(1) StoOrder cancellations are only possible in the following statuses: "Order placed," "Data uploaded," "Data received," "Data incorrect," "Data check OK," "Cancellation pending," "New data pending," "Reminder incorrect data," "Reminder data missing," "Reminder data missing CD," "Print approval granted," "Print approval missing," "Reminder print approval missing," "Prepayment paid," and "Prepayment unpaid." Cancellations in any later status are not possible.
(2) Individual items in the shopping cart cannot be canceled. The entire shopping cart can only be canceled. If even one item in the shopping cart is in a later status than those listed in paragraph 1, cancellation is no longer possible, even if another item is in an earlier status.
(3) Cancellations can only be requested by the customer and exclusively through their customer account.
(3) Section 10 Shipping, Transfer of Risk, and Place of Performance
(1) Unless expressly agreed otherwise, we will determine the appropriate shipping method and carrier at our reasonable discretion.
(2) The risk passes to the customer no later than upon handover of the goods (whereby the commencement of the loading process is decisive) to the freight forwarder, carrier, or other third party designated to carry out the shipment. This also applies if partial deliveries are made or if we have assumed other obligations. If shipment or handover is delayed at the customer's request or due to a circumstance attributable to the customer, the risk passes to the customer upon notification of readiness for shipment. Storage costs after the transfer of risk shall be borne by the customer. If we store the goods, the storage costs amount to 1% of the invoice amount of the goods to be stored per commenced week. We reserve the right to claim and prove higher or lower storage costs.
(3) The place of performance for all obligations arising from the contractual relationship is Würzburg.
Section 11 Notification of Transport Damage
(1) The customer must notify the carrier of any loss or damage to the goods in accordance with Section 438 of the German Commercial Code (HGB). In the case of externally visible damage or shortages, this must be done no later than upon delivery; otherwise (concealed defects), within seven days of delivery. The notification must clearly identify the damage. (2) A damage notification after delivery must be submitted in writing. Timely dispatch is sufficient to meet the deadline. (3) Otherwise, Section 438 of the German Commercial Code applies.
Section 12 Liability for Material Defects and Defects of Title
(1) The customer must inspect the goods for conformity with the contract without undue delay in any case. The risk of any defects passes to the customer upon approval for printing/production, unless the defects only arose or could only be detected during the subsequent production process. The same applies to all other approvals issued by the customer.
(2) The customer must carefully inspect the delivered goods immediately upon delivery to them or to a third party designated by them. The delivered goods are deemed accepted by the customer unless we receive a written notice of defects, including by fax or email, within seven working days of delivery of the goods, or otherwise within seven working days of the discovery of the defect, or any earlier time at which the defect would have been apparent to the customer during normal use of the goods without further investigation.
(3) The obligation to inspect also applies to preliminary and intermediate products sent for correction.
(4) If the delivered goods are defective, the customer may initially demand that we remedy the defect or deliver defect-free goods. Since the customer is a business, we may choose between remedying the defect or delivering defect-free goods (provided that the defect is not insignificant). Should one or both types of subsequent performance be impossible or disproportionate, we are entitled to refuse them. We may refuse subsequent performance as long as the customer has not fulfilled their payment obligations to us to an extent corresponding to the non-defective part of the performance.
(5) At our request, the defective item must be returned to us freight prepaid. Goods returned freight collect will not be accepted.
(6) We will bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel (most economical shipping method), labor, and material costs; however, we are not liable for costs to the extent that the transport
Delivery of the goods to a location other than the place of performance will incur additional costs.
(7) If subsequent performance pursuant to paragraph 4 fails, is unreasonable for the customer, or if we refuse subsequent performance, the customer is entitled, in accordance with applicable law, to withdraw from the contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. Further claims by the customer, regardless of their legal basis, are excluded or limited in accordance with Section 14.
(8) The warranty period is twelve months from delivery; if acceptance is required, from acceptance. Any delivery of used goods agreed upon with the customer in a specific case is made excluding all warranties. This does not apply to liability for injury to life, body, or health, or for gross negligence within the meaning of Section 309 No. 7 b) of the German Civil Code (BGB).
(9) None of the preceding clauses are intended to alter the statutory or case law rules on the burden of proof.
(1) Section 13 Production-Specific Characteristics, Complaints
(1) Minor deviations from other orders or individual pieces in all manufacturing processes cannot be considered grounds for complaint. This applies in particular to:
• minor color variations between two or more orders,
• minor color variations compared to a previous order,
• minor color variations between individual sheets within an order,
• minor cutting and folding tolerances (=deviations from the final format); Especially for:
Magazines, brochures, books with saddle-stitch or ring binding, and pocket bags up to 4
mm from the closed final size; all other brochures and books up to 2 mm from the closed final size; napkins up to 1.5 mm from the closed final size; advertising technology products 1-2% from the final size; all other products up to 1 mm from the (closed) final size;
• slight color variations between the inside pages and the cover in magazines;
• slight misalignment (up to 0.3 mm) of partial UV varnish, hot foil stamping, or relief varnish relative to the printed design.
The same applies, due to technical limitations, to comparisons between other templates (such as proofs, sample prints, and print data), even if created by us, and the final product.
(2) Due to production constraints, the paper grain direction cannot be taken into account during placement. Slight cracking during folding and variations in the product's strength or stiffness are to be expected and cannot be grounds for complaint.
(3) For shipments to a single delivery address: Over- or under-deliveries of up to 5% of the ordered goods cannot be contested. This includes waste paper, start-up sheets, setup samples for downstream processing machines, and production-related trimming of the top and bottom sheets.
(4) For shipments to multiple delivery addresses: Over- or under-deliveries of up to 5% of the ordered goods per delivery address cannot be contested. This includes waste paper, start-up sheets, setup samples for downstream processing machines, and production-related trimming of the top and bottom sheets.
(5) We are only liable for deviations in the quality of the materials used up to the value of the order.
Section 14 Customer's Right of Withdrawal and Other Liability on Our Part
(1) The customer's statutory right of withdrawal shall – apart from the cases specified in Section 12 – neither be excluded nor limited. Likewise, our statutory or contractual rights and claims shall neither be excluded nor limited.
(2) We shall be liable without limitation only for intent and gross negligence (including that of our legal representatives and vicarious agents) as well as for damages resulting from injury to life, body, or health caused by a negligent breach of duty on our part or an intentional or negligent breach of duty by our legal representatives or vicarious agents. We shall also be liable without limitation for guarantees and warranties if a defect covered by such guarantee or warranty triggers our liability. There shall also be no limitation of liability arising from strict liability (in particular under the Product Liability Act). Any liability under the principles of recourse by the entrepreneur pursuant to Sections 478 et seq. of the German Civil Code (BGB) remains unaffected.
(3) In the event of any other culpable breach of essential contractual obligations (cardinal obligations), our remaining liability is limited to the foreseeable damages typical for this type of contract.
(4) Otherwise, liability – regardless of the legal basis (in particular claims arising from the breach of primary and secondary contractual obligations, tort, and other tortious liability) – is excluded.
(5) The same applies (exclusions, limitations, and exceptions thereto) to claims
for fault in the conclusion of the contract.
(6) In the case of reimbursement of expenses (with the exception of those pursuant to Sections 439 II, 635 II of the German Civil Code (BGB)), this Section 14 shall apply accordingly.
(7) Any exclusion or limitation of our liability shall also apply to our legal representatives and vicarious agents.
(8) Cardinal obligations are essential contractual obligations, i.e., those obligations that characterize the contract and on which the contractual partner may rely; they are thus the essential rights and obligations that create the conditions for the performance of the contract and are indispensable for achieving the purpose of the contract.
(9) None of the preceding clauses are intended to alter the statutory or case law rules on the burden of proof.
Section 15 Set-off, Retention, and Assignment
(1) The customer may only set off their own claims against our claims if the counterclaims are undisputed or have been legally established. The customer is also entitled to withhold payment due to counterclaims arising from the same contractual relationship.
(2) Assignment of the customer's claims against us is not permitted.
Section 16 Electronic Invoicing, Amendments to Invoices
(1) The customer agrees to receive invoices electronically.
(2) Invoices issued by us are subject to correction for any errors. We may issue a new, corrected invoice up to four weeks after the customer receives the original invoice. The customer must notify us of any changes to the invoice in writing, specifying the disputed invoice items, within this four-week period. Four weeks after the customer receives the invoice, it is deemed approved. No further changes to the invoice are possible after this period. This also applies to requested changes to the invoice recipient or billing address. The four-week period does not affect the obligation to pay or the obligation to report defects within the shorter period specified in these General Terms and Conditions.
(2) Electronic Invoicing, Amendments to Invoices, Amendments to Invoices, and Amendments to Invoices are not possible after this period. This also applies to requested changes to the invoice recipient or billing address. The four-week period does not affect the obligation to pay or the obligation to report defects within the shorter period specified in these General Terms and Conditions.
(4-week period) Section 17 Retention of Title
(1) The retention of title agreed below serves to secure all our current and future claims against the customer arising from the business relationship between the contracting parties concerning (printed) products (including any outstanding balances from a current account relationship limited to this business relationship).
(2) The goods delivered by us to the customer remain our property until full payment of all secured claims. The goods, as well as any goods that replace them under this clause and are subject to the retention of title, are hereinafter referred to as reserved goods.
(3) The customer shall hold the reserved goods in safe custody for us free of charge.
(4) The customer is entitled to process and sell the reserved goods in the ordinary course of business until the occurrence of an event of default pursuant to paragraph 9. Pledging or assigning the reserved goods as security is prohibited.
(5) If the goods subject to retention of title are processed by the customer, it is agreed that the processing is carried out in our name and for our account as manufacturer, and that we directly acquire ownership or – if the processing involves materials belonging to several owners or the value of the processed item is higher than the value of the goods subject to retention of title – co-ownership (fractional ownership) of the newly created item in proportion to the value of the goods subject to retention of title relative to the value of the newly created item. In the event that such acquisition of ownership by us should not occur, the customer hereby assigns to us, as security, its future ownership or – in the aforementioned proportion – co-ownership of the newly created item. If the goods subject to retention of title are combined or inseparably mixed with other items to form a single item, and one of the other items is to be regarded as the principal item, we transfer to the customer, to the extent that the principal item belongs to us, proportionate co-ownership of the single item in the proportion specified in sentence 1.
... (6) In the event of resale of the goods subject to retention of title, the customer hereby assigns to us, as security, the resulting claim against the purchaser – in the case of our co-ownership of the goods subject to retention of title, proportionally according to our share of co-ownership. The same applies to other claims that replace the goods subject to retention of title or otherwise arise with respect to them, such as insurance claims or claims arising from tort in the event of loss or destruction. We revocably authorize the customer to collect the claims assigned to us in its own name but on our behalf. We may revoke this authorization to collect only in the event of enforcement proceedings.
(7) If third parties seize the goods subject to retention of title, in particular by way of attachment, the customer shall immediately inform them of our ownership and notify us accordingly.
to enable us to enforce our ownership rights. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this connection, the customer shall be liable to us for these costs.
(8) We will release the goods subject to retention of title, as well as any items or claims that replace them, at our discretion upon request, insofar as their value exceeds the amount of the secured claims by more than 50%.
(9) If we withdraw from the contract due to the customer's breach of contract – in particular, default of payment – (case of realization), we are entitled to demand the return of the goods subject to retention of title.
Section 18 Trade Customs
In commercial transactions, the trade customs of the printing industry apply (e.g., no obligation to release intermediate products such as data, lithographs, or printing plates created for the production of the final product owed), unless otherwise agreed.
Section 19 Data, Data Carriers
(1) Products belonging to the customer, in particular data and data carriers, will only be archived by us beyond the date of delivery of the final product to the customer or their agents upon express agreement and for a separate fee. If the aforementioned items are to be insured, the customer is responsible for arranging this themselves in the absence of an agreement. (2) Data on CD/DVD and other order documents will not be returned.
Section 20 Third-Party Rights, Indemnification
(1) The customer guarantees, in particular, that the templates (especially image and text files), content, and materials sent to us do not infringe any copyrights, trademarks, or other intellectual property rights of third parties, the general right of personality, or any other rights of third parties.
(2) The customer declares that they possess the reproduction and duplication rights to the submitted data.
(3) The customer shall indemnify us against all third-party claims upon first demand and undertakes to compensate us for any damages we incur due to the rights of third parties. This includes any legal costs we incur (attorney's fees and court costs).
Section 21 Applicable Law and Jurisdiction
(1) The contract between us and the customer is governed by the laws of the Federal Republic of Germany.
(2) If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Frankfurt am Main shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court of competent jurisdiction.
(3) Should any provision of these General Terms and Conditions or any provision of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
(4) Amendments and supplements to these General Terms and Conditions must be in writing. This also applies to the amendment of this written form clause.