General Terms and Conditions
online general terms and conditions (as at 03/2007)
§ 1 application
druckzentrum mittelrhein dg gmbh, hereinafter referred to as dzm gmbh, executes all current and future orders exclusively pursuant to the latest version of the following general terms and conditions. dzm does not recognise customer general terms and conditions which deviate from these general terms and conditions.
§ 2 contract conclusion
the products and services offered on dzm gmbh's website are subject to confirmation.
contracts are entered into upon order confirmation or upon shipment if the product is shipped without prior confirmation being issued to the customer. dzm gmbh also reserves the right to rescind the contract in the event of clerical, printing and calculation errors on the website, and in the event that a product is unavailable for a lengthy period of time.
§ 3 delivery
deliveries are effected ex-warehouse to the address supplied by the customer. delivery costs are paid by the customer up to the amounts specified in dzm gmbh's product offer. the risk passes to the customer upon delivery of the products. this also applies if part deliveries are made.
all delivery times specified on the website are subject to confirmation. any import duties in connection with the delivery are paid separately by the customer.
§ 3.1 deliveries outside germany
the legal and technical regulations which are effective in germany are binding for product quality. dzm gmbh therefore provides no warranty that the products are in conformity with the legal and technical regulations in the country of import. the importer must ensure that the products are modified and adapted at his/her expense to reflect the technical and legal requirements in the country of import before they are marketed in the country of import.
§ 4 terms of payment
dzm gmbh retains title to the ordered item(s) until payment in full has been rendered.
the purchase price is payable at the time of contract conclusion without deduction of discount and including vat at the statutory rate. it can be paid in advance, c.o.d. or, subject to agreement and credit assessment, on account. in the event that the customer defaults on payment of the purchase price, dzm gmbh is entitled to claim default interest at the statutory rate. dzm gmbh explicitly reserves the right to assert claims for higher amounts of default compensation if it can prove that higher damages have been incurred.
all prices are calculated in euro.
the customer is only entitled to set off own claims if its counterclaims have been judicially determined as non-appealable or have been acknowledged by dzm gmbh. the customer may only exercise a right of retention if the counterclaim arises from the same contractual relationship.
§ 5 warranty rights and liability
if the supplied products have defects for which dzm gmbh is responsible, dzm gmbh is at liberty, subject to the exclusion of statutory warranty requirements, to either remedy the defective product or supply a replacement product. if this is impossible or there is an unreasonable delay, the customer may choose between cancelling the order or demanding a reduction in the purchase price. the warranty period is 6 months, commencing with the passing of the risk. this period also applies explicitly in cases of compensation claims for damages arising as a consequence of the defect, unless claims for tort are asserted. customer shall not assert any further claims on whatever legal basis. in particular, dzm gmbh shall not be liable for damages which were not incurred to the delivered product itself, loss of profits or other pecuniary loss. dzm gmbh's liability is also limited to incidents of damage resulting from deliberate intent or gross negligence on the part of dzm gmbh. this also explicitly applies to the personal liability of employees, representatives and vicarious agents of dzm gmbh.
the above limitations on liability do not apply if the customer asserts claims in accordance with the german product liability act or if the products lack a contractually agreed quality or if it asserts compensation claims for non-performance.
in the event that dzm gmbh violates a major contractual obligation (cardinal obligation) through simple negligence, maximum liability shall be limited to typical, foreseeable damages, which generally do not exceed the purchase price, and damage caused to the ordered product.
§ 6 rescission and cancellation
the customer may cancel the contract pursuant to section 2 of the german distance selling act (fernabsatzgesetz) and section 361a of the german civil code (bürgerliches gesetzbuch) within 14 days commencing on the acceptance of the delivery without the need to state reasons. the right of cancellation shall be deemed to have been exercised in due time if the date on which the cancellation notice is sent or the purchased product is mailed for return delivery at dzm gmbh's expense and risk falls within this 14-day period. this does not apply for the cancellation of orders up to a value of eur 40.
in this case, the customer must pay the costs of return delivery.
dzm gmbh reserves the right, in the event that the ordered product is not used in a proper manner and the customer cancels the contract to reduce the value of the product. this applies, in particular, to improper handling of the product, soiling of the product or inappropriate packaging for the return shipment. if the customer cancellation notice is received within the allowed time period, dzm gmbh shall reimburse the purchase price without deduction of costs and in accordance with the above provisions within 30 days of receiving the cancellation notice.
this does not apply to custom manufactured products.
§ 7 privacy policy
dzm gmbh is entitled to store and transfer the data which is necessary to effect the transaction to affiliated entities and third parties for order processing - in strict conformity with the provisions of the german data protection act (datenschutzgesetz) and information and communication services act (informations- und kommunikationsdienstegesetz). dzm gmbh warrants that all personal data will be treated as confidential. dzm gmbh furthermore reserves the right to transfer personal data to affiliated entities for credit rating purposes and to transfer the customer's personal data to the schufa credit rating agency.
§ 8 legal venue
place of performance is koblenz. legal venue for all claims in connection with the initiation and processing of the purchase is, if legally admissible, koblenz. these terms & conditions are governed by the law of the federal republic of germany.
§ 9 miscellaneous provisions
german law is applicable for all dzm gmbh business relationships to the exclusion of the united nations convention on contracts for the international sale of goods (cisg). the legal invalidity of any one provision in no way affects the validity of the remaining provisions of the contract and these general terms and conditions.
