General Terms and Conditions of prinux GmbH

1. Validity:
These General Terms and Conditions shall apply to all legal transactions between prinux GmbH (hereinafter prinux) on the one hand and the users of the prinux website or the buyers of the products ordered through it on the other hand. By using the prinux Site the user expressly agrees to these General Terms and Conditions and is bound by them. Deviations from these General Terms and Conditions are only effective if they are confirmed in writing by prinux.

2. Prices:
The prices published on the prinux website at the time of the order shall apply. The prices quoted do not include value added tax at the statutory rate. Shipping and packaging costs are charged according to the price list in addition to the product prices.

3. Terms of payment:
Payment of the invoice amount must be made within 14 days of the invoice date, without any deductions. In the event of late payment, interest on arrears at the rate of 15% p.a. will be charged. Additional charges (e.g. transfer costs) are to be borne by the purchaser (=client). In the event of default of payment the Principal shall be obliged to pay, in addition to the usual reminder fees charged by prinux, all costs, expenses and cash outlays incurred in pursuit of the claims, regardless of the title from which they result, in particular also the costs for an out-of-court legal intervention. Irrespective of any other declarations of dedication and also in the event of the existence or enforcement of an executory title, prinux is entitled to use incoming sums of money from the Principal, at its discretion, initially to cover incidental expenses (reminder charges, lawyer’s fees, insurance premiums, etc.), interest on arrears, capital claims and finally to pay the remaining outstanding invoice amount. Agreements that deviate from these terms of payment must be in writing to be valid. prinux is entitled, without giving reasons, to make delivery dependent on advance payment or payment on delivery, or to reject an order at all. The rejection of an order shall be notified by prinux to the customer within 7 working days.

4. Retention of title:
The delivered goods remain the property of prinux until the agreed price and all other outstanding claims have been paid in full.

5. Delivery time:
The delivery time starts on the day prinux receives the complete and clear order. The delivery times are based on the deadlines published on the prinux website. These deadlines are generally only approximate dates, unless they are expressly stated in writing as fixed dates. In the event of a delay in delivery the client can only assert his legal rights after setting a grace period. The grace period must be appropriate to the type and scope of the order. If a damage is not due to gross negligence on the part of prinux, it shall be limited to the amount of the invoice. Lost profit cannot be claimed. Force majeure shall release prinux from any obligation to deliver, regardless of whether this force majeure has occurred at prinux’s premises or at the premises of its suppliers and subcontractors. In such a case the client is not entitled to withdraw from the order or to hold prinux liable for any damages.

6. Deliveries:
Deliveries shall be made ex works (including any sub-suppliers of prinux) at the expense and risk of the customer, unless otherwise agreed. The designs, colors, fonts and formats shown on the prinux website are basically only approximations and therefore not binding. Deviations in color nuances or format do not therefore entitle the customer to make a complaint. prinux shall not be liable for printing and execution errors that the customer has overlooked in the galley proofs released by him online or offline.

7. Default of acceptance:
The customer is obliged to immediately accept the goods sent or made available for collection according to the contract; if he does not comply with this obligation, the delivery is deemed to have been made on the day on which the acceptance should have been made according to the contract; the risk of damage, loss, etc. is thus transferred to the customer.

8. Complaints:
Complaints will only be accepted within one week of receipt of the goods and must be notified by prinux immediately. Defects in a part of the delivery cannot lead to a complaint about the whole consignment. prinux has the right to rectify the defects or to make a replacement delivery; the customer waives the right to withdraw from the contract in the case of significant defects or to demand a reduction in payment in the case of significant or insignificant defects. Claims for damages are (except in the case of gross negligence on the part of prinux) limited to the amount of the invoice amount. Minor color deviations in the final product (compared to products previously delivered by prinux) do not entitle the customer to make a complaint. A customer’s right of return that deviates from these rules and may be more extensive (“satisfaction guarantee”) shall only apply to those products for which these deviating offers have been expressly guaranteed in advertising material or on the prinux website at the time of ordering.

9. Documents/Files provided:
Materials provided by the customer, such as templates, texts, data, etc., are to be delivered free of charge to prinux. Receipt is confirmed without guarantee for the correctness of the quality and quantity stated in the delivery documents. prinux is only able to carry out proper acceptance and inspection during the design and production process and is only liable for such damage caused by its own fault. If any defects in the documents provided by the customer, in particular printing documents, are not immediately apparent, but only become apparent upon completion of the order or during the printing process, the customer shall have no claims in the event of unsatisfactory results. prinux shall be liable as custodian within the meaning of the General Civil Code.

10. Working documents:
prinux shall be liable for manuscripts, drafts, lithographs, slides and other documents within the meaning of item 11 until 4 weeks after completion of the order. Beyond that prinux does not accept any liability whatsoever for documents that are not demanded back.

11. Right of ownership:
The drafts, briefs, lithographs, data and other aids provided by prinux for the production process remain the inalienable property of prinux, even if the customer has paid compensation for the value of these works. This also applies to work aids that were produced by another company on behalf of prinux.

12. Typesetting and printing errors:
Typographical errors will be corrected free of charge if they are the fault of prinux. Typographical errors caused by customer input on one of prinux’ websites do not entitle the customer to a free replacement or correction. Changes to the print template will be charged according to the time spent on the work (author’s correction). Galley proofs will only be presented to the customer upon express request. prinux is entitled to set a reasonable deadline for the customer to carry out the correction, after which the galley proof is automatically considered approved. If the customer refrains from submitting a galley proof, prinux shall only be liable for gross negligence. The last edition of the Duden is authoritative for spelling in the German language.

13. Storage:
prinux shall not be obliged to store printing work, data, films, papers etc. after execution of the order. The agreed obligation to store the items mentioned above shall also lapse if the Principal does not pay the costs charged for them within 4 weeks.

14. Caims for damages and liability of the client:
Any claims for damages by the Principal to prinux are generally limited to the amount of the invoice amount, unless the damage is due to gross negligence on the part of the Printer. In particular in the case of print orders the customer must carefully check all print templates before approval for printing. If products are passed on directly to third parties on behalf of the customer, prinux shall not accept any liability whatsoever for errors contained therein or any other damage resulting therefrom.