1 General Provisions
1.1 The supplies and services as well as offers from Kopierfabrik am Moosfeld GmbH for the website www.studienarbeiten.kopierfabrik.de, hereinafter named “contractor” are solely made on the basis of the general terms and conditions, valid at the time of the order. These are valid for all future business relations between the contractor and the customer, hereinafter referred to as the “client” and for all goods and services. The terms and conditions are also valid when not explicitly agreed. At the latest with the acceptance of the goods and services these shall be deemed as accepted.
1.2 The general terms and conditions apply exclusively. All deviating conditions of the client shall not be valid unless the contractors agreed to this explicitly.
1.3 Any agreements between the client and the contractor, for the execution of this contract must be recorded in writing (also fax or email).2 Offer and contract conclusion
2.1 Promotional offers are, also with regards to the prices, non-binding. The contractor is bound to special deals for the duration of the specified validity.
2.2 Coupons cannot be combined. Any cash payment of vouchers is impossible.
2.3 The client is bound for 14 calendar days to his order. Orders shall be legally valid after written confirmation via email or fax. The confirmation shall be deemed granted, if the contractor does not refuse acceptance after receipt of order within four weeks. With receipt of payment, debit grant, account collection grant and credit card payment or paypal, an order by the client is deemed accepted. If no payment has been received, the client has to raise objection to the written confirmation of the contractor within seven days. Otherwise the contract shall be deemed accepted.
2.4 The time at which the print data is sent to the contractor is crucial for meeting the deadline. If the contractor realises that the print files have to be edited after initial receipt or the client has to re-send the print files, the date of receiving the final print data becomes the crucial date.
3 Execution / Release by the client
3.1 The client is obliged to provide the print data as well as the payment in time and in accordance with the regulations. This is a prerequisite for keeping the delivery and performance obligations of the contractor.
3.2 The contractor shall execute all orders based on the print files, transmitted by the client, unless another agreement has been reached in writing (via email or fax). The data must be supplied by the client as a PDF file. Other file formats will not be accepted unless the contractor has previously confirmed this in writing. The customer is fully responsible for the accuracy of the data. This applies even if data transmission or data media errors exist, which do not lie in the responsibility of the contractor.
3.3 The contractor is not imposed on any audit requirement with regards to deliveries of all types engaged by a third party including media and transmitted data. This does not apply for not processable or unreadable data. The client is obliged to use updated virus detection software before transmitting the data. The client is solely responsible for backing up the data.
3.4 The contractor has the right to make copies of the files.
4.1 The prices listed on the website at the time of the order apply. All rates include VAT.
4.2 Necessary changes to the files of the client will be charged to the client. Changes are only made after previous oral or written agreement.
4.3 Payment can be made via paypal or in cash on collection. When shipping has been ordered, the execution of the order will only be carried out after successful receipt of payment. If the payment is not received, the order is considered to be not accepted by the client. If the payment is received late, the time of receipt is considered the effective time of the contract.
4.4 The invoice amount is due immediately upon receipt of the invoice without deductions.
5 Performance and delivery
5.1 The deliveries and services of the contractor are carried out as quickly as possible, at the latest within a period of four weeks. If a fixed date has been agreed in writing, this date will be considered the date of delivery. The delivery dates on the website www.studienarbeiten.kopierfabrik.de are used to estimate the delivery and do not constitute any binding delivery dates for the contractor.
5.2 For delays in delivery, which can be supported by the contractor, the legal extension deadline is set to two weeks. This begins with the receipt of grant for an additional respite at the contractor.
5.3 Fixed deadlines for the performance are only valid if the contractor additionally confirms them. If deadlines for fixed dates are missed the client has the right for an immediate cost-free cancellation of the contract. If performances have been done up to the written notice of withdrawal of the client from the contract, these can be charged to the client. This also applies for accepted supplies and service deliveries as long as the client is not unreasonably at a disadvantage for the charge.
5.4 If there is a default of acceptance on the part of the client, the contractor has the right to demand compensation of the damage incurred. From the time of such default the client alone bears the risk of accidental deterioration or accidental lost of the products.
6 Shipping and transfer of risks
6.1 For shipment the company DPD is used. Once the performed order from the client has been handed over to the appointed person by DPD, the risk is transferred to the customer.
6.2 Delivery will be made to the delivery address specified by the client. If an address other than stated in the order is desired, the contractor must confirm this to the client in writing.
6.3 The shipping costs are part of the total amount and are carried by the client.
7 Cancellation and return costs
7.1 The right of cancellation does not apply for distance selling contracts for the delivery of goods that are produced according to the clients’ specification and are clearly tailored to the personal needs.
7.2 The right to cancel does not apply to entrepreneurs according to §14 German Civil Code (BGB) who, at closing of the contract, are acting in their commercial or self-employed occupation.
7.3 Right to cancel:
The client may cancel his contractual declaration within two weeks without stating any reasons in a clear statement (e.g. letter, fax, email). The period begins upon receipt of this notification in writing, but not before the receipt of the goods at the client. To keep the right of cancellation the timely return of goods or sending the revocation applies. The client may use the model withdrawal form, however this is not compulsory.
The revocation must be sent to:
Kopierfabrik am Moosfeld GmbH
Tel: (089) 4272 0600
Fax: (089) 4272 0606
7.4 Consequences of revocation
In case of an effective revocation, mutually received benefits are to be returned and if necessary uses are to be returned within two weeks. If the client cannot or only partially return the received services, goods and usages (e.g. benefits of use) or only return or surrender them in deteriorated conditions, he must pay for compensation of the value. For the refund the same payment method is used as for the initial payment.
7.5 Costs for the revocation
If the client uses his right for cancellation the contract, he has to bear the costs of returning the delivered goods, if the delivered goods correspond to his order and when the client has not yet settled the contractually agreed partial payment at the time of the revocation.
8 Warranty and rights in case of defects
8.1 Do the supplied goods not comply with the agreed state between the contractor and the client or it is not suitable for the stipulated contractual or general use, the contractor is obliged to subsequently deliver the defect-free goods. Multiple subsequent deliveries are permitted. If the subsequent delivery fails twice, the client can withdraw from the contract or reduce the purchase price appropriately.
8.2 For colour prints slight deviations from the original can arise. This is for technical reasons and cannot be critized. This also applies for the comparison with other, by the client created, templates.
8.3 The grain of the paper is variable and cannot be guaranteed. The disruption of glued bindings as well as deviation of the paper stiffness cannot be critized or rejected.
8.4 Tolerances up to 3mm can apply for cutting, folding and punching. These are due to production process and cannot be critizied. The client has to submit files with 3mm trimming edge.
8.5 For deviations in the state of the used material, the contractor can only be held liable up to the amount of the order. If the client delivers the material, this liability is eliminated.
8.6 If the client accepted and released a proof for his order, the contractor is released from any liability.
8.7 If the delivered goods are partially defect, this only entitles to reject the defective partial delivery. An exception only applies if the partial delivery is of no interest for the customer.
8.8 Further claims of the client – for whatever reason – are excluded. The contractor does not take liability for damages that do not concern the goods and services provided. This applies in particular to the exclusion of lost profits and other financial damages. All damages that are caused by employers, employees, agents and representatives are also included in this exclusion.
8.9 The contractor is not responsible for any changes to the delivered goods or services provided by the client or third parties. The contractor is not liable for normal wear and tear.
8.10 Templates that the contractor receives by the client will be treated with care. In case of damage or loss of those templates, the contractor only accepts liability up to the material value. Any further claims are excluded. If the client sends examples for the examination of a complaint to the contractor, these will not be returned and shall remain with the contractor.
8.11 Warranty claims are not transferable, but only exist between the contractor and the client.
8.12 If the defect is due to fault of the contractor, the client can demand compensation. Therefore the conditions in §9 stated conditions apply.
9 Liability for damages
9.1 The client must report evident defects of the delivered goods within two weeks after delivery of the goods. If this deadline is exceeded any claim compensation in his respect expire.
9.2 The contractor is liable, regardless of the legal grounds, only for typical contractual foreseeable damage (especially in case of defects, delays or other breaches of duty). This does not apply for liability for wilful conducted or gross negligence due to guaranteed characteristics of state, injury to life, body or health as well as according to the production law.
10 Reservation of title
10.1 The delivered goods remain as long in the property of the contractor as the client has fully paid them (=conditional goods). During this period the client may not resell them or dispose otherwise of the property.
10.2 When the conditional property is accessed by third parties, the client is obliged to point out to the property of the contractor and inform him immediately, so he can enforce his property rights.
10.3 If the client violates the contract – especially for delayed payment – the contractor has the right to demand the conditional goods to be returned and to withdraw from the contract.
11.1 Two different payment methods are offered online: Cash on collection and paypal. When using paypal, the invoice amount is drawn by the contractor before start of the production. The resulting paypal fees are paid by the client. Only when the contractor can dispose of the amount, the payment shall be deemed effective. Checks or other payment methods are not accepted.
11.2 If the customer denies the acceptance of the goods unjustified he will still be charged to amount owed. In addition the contractor has the right receive a compensation fee of 20.00€ (net). The sum does not include any VAT according to §249 of the German Civil Code (BGB). The fee may vary depending on the proved damage cause by the contractor or the client.
11.3 Invoices are payable in Euro immediately upon receipt without any deductions.
11.4 Claims against the contractor are not transferable.
12 Patents, copyrights and trademarks
12.1 The client and his clients are obliged to own the required legal licenses (copyrights, trademarks, patents or other) of the printed order. The contractor will be released from claims regarding violation of copyrights, trademarks or patents and similar, in case the provided data violate copyright, trademark or patent rights.
12.2 The exemption of the contractor towards the client mentioned in §12.1 is limited to the foreseeable damage. Further condition for the exemption is that the contractor is let to manage the litigation. In addition the alleged infringement has to be solely attributable to the delivery item by the contractor without any connection or usage with other products.
13 Industrial property rights and copyrights
13.1 If rights of third parties are violates through the execution of the order (especially copyright, trademark or patent rights or similar) it is the sole responsibility of the client. With the order he states that he is in the possession of reproductive rights of the submitted documents. The contractor will be free from all third party claims for related violations of rights.
14.1 The information submitted to the contractor shall not be confidential unless explicitly written a separate agreement.
15 Data and contractual documents
15.1 The data of the client are solely stored for the production and processing of the contract at the contractors.
15.2 The client’s data will only be archived following a written agreement. The contractor is not liable for any damages or loss of the data. An exception is gross negligence or intentional conduct (see §19).
15.3 The client acknowledges that the data from the contractual relationship are stored for the purpose of data processing (according to §28 of the Federal Protection Act). Furthermore the contractor reserves the right to forward the data, which is necessary for fulfilling the contract to third parties (e.g. parcel services, insurance…).
16 Final Provisions: applicable law, jurisdiction and severability
16.1 These terms and conditions and the legal relationship between contractor and client is only based on the law of the Federal Republic of Germany (Bundesrepublik Deutschland).
16.2 The CISG does not apply.
16.3 In case these general terms and conditions have legal gaps, the rules to which both parties would have agreed to with regards to the economic objectives of both parties shall be valid.
Munich, 29. July 2015
1 General Provisions