Terms and Conditions
§ 1 Scope of Application, Customer Information
The following terms and conditions apply to the contractual relationship between notizblock24 GmbH (hereinafter called stickynotes24) and companies (hereinafter called customers) in accordance with § 14 of the German Civil Code (BGB) who purchase products in the stickynotes24 shop. Terms and conditions issued by the customer which conflict with or differ from these terms and conditions shall not be recognized by stickynotes24. The contract language is English.
§ 2 Conclusion of Contract
- Our internet offers represent a non-binding invitation for the customer to place an order with us.
- By entering their personal data and selecting the order button the customer submits a binding order on conclusion of a contract. However the customer may also place a binding order via telephone or fax.
- Upon the confirmation of receipt immediately sent via email or fax an acceptance of the order is declared and therewith the purchase contract shall be concluded. When placing an order via phone a purchase contract shall come into effect only if stickynotes24 accepts the order immediately. If the order is not accepted at once the customer then is no longer bound to it.
- The customer receives a written or oral offer upon request. This offer shall be valid for 6 weeks from the date of issue. On expiry of this period a new request has to be submitted. Any deviation shall require written form.
- Furthermore the customer may submit a binding order by uploading ready-for-press data to the stickynotes24 server or by emailing them to stickynotes24.
- stickynotes24 reserves the right to decline print orders whose contents violate applicable law or whose contents are morally reprehensible (e.g. pornographic, inhuman, racist, fascist or glorifying violence) or have such a background.
- stickynotes24 operates commercial trade through their online shops. Contracts are concluded with business customers only and not with persons as defined in § 13 BGB, further the contract does not hold a customer right of revocation.
§ 3 Storage of Order Data
stickynotes24 stores the order information with details about the concluded contract (e.g. type of product, price etc.). The customer shall be provided with the terms and conditions by stickynotes24. The customer may also review the terms and conditions online at any time. Registered customers have the option to access previous orders when logging in to their customer account.
§ 4 Correction Options
If the order hasn’t been submitted yet the customer may correct the data entry by using the delete key. stickynotes24 informs the customer about further correction options throughout the order process. The customer may terminate the order process by simply closing the browser window. Print data that has been uploaded to the stickynotes24 server can only be modified or replaced if the print order hasn’t been processed yet.
§ 5 Customer Rights and Obligations
Printed materials and electronic publications are generated due to content-related customer specifications. stickynotes24 has no influence on their contents. The customer affirms that he holds the rights to use, transfer and release all transferred data (including text and graphical material). The customer exempts stickynotes24 from claims by third parties which originate in the violation of property and copy rights of such parties. The customer is to check the transferred data according to the contract. Data reception takes place until 12.00 p.m. on working days. In the event of data arriving past this time, the data reception will take place the following working day. The printing approval is issued by the customer in form of a signed adequate document, email, fax, or via telephone. The customer issues a legally binding production release before order completion if the print data was generated with the online offer of stickynotes24. With print approval the risk of errors shall be transferred to the customer as long as the errors don’t originate from the manufacturing process or the production time. The same applies to any other customer release declaration regarding further processing.
§ 6 Retention of Title
The product shall remain property of stickynotes24 until a full payment has been made. The customer is entitled to forward the delivered product to third parties according to proper business routines. The customer already assigns all claims equivalent to the purchase price agreed upon or the equivalent of the value of the reservation product. stickynotes24 hereby accepts the assignment. The customer shall be authorized to collect the accounts receivable following its assignment. Stickynotes24 reserves the right to collect the accounts receivable themselves as soon as the customer is in default of payment. Production implements products in particular data, printing plates, punching and stamping tools used by stickynotes24 to process the ordered shall remain the property of stickynotes24 and will not be handed over, even if they have been charged separately.
§ 7 Defects
Defects shall be reported to stickynotes24 immediately upon delivery. If the customer fails to give such notice, the product is considered to be approved, unless the defects were unrecognizable during the inspection. Complaints shall not be acknowledged when the cause of the objection lies in the disregarding of the guidelines for generating print data. The guidelines are provided upon request, yet they can also be found in the respective online offers (…). In case of faulty or with regard to exposure insufficient print data (e.g. data with RGB colors, lower image resolution, wrong document formats or format specification) the objection is graded as unjustified.
Word files, PowerPoint files or other unsuitable file formats (concerning exposure) have to be converted to PDF files autonomously. No liability is accepted for color differences that occur upon a subsequent data conversion to PDF files.
§ 8 Warranty Claims, Limitation Period
In the case that a part of the delivery displays defects an objection against the entire delivery is unjustified, unless the partial delivery is demonstrably not of interest for the customer. Slight color deviations of the original that are the results of color reproduction for all printing processes are not objects of complaint. In the case of deviations concerning the quality of the material used, stickynotes24 shall only be held liable to the extent that its respective suppliers may be held liable. In this case, stikynotes24 shall be released from its liability if their claims against the subcontractor are assigned to the customer. The warranty is valid for one year upon delivery. stickynotes24 shall be liable for defects in cases where it fraudulently concealed the defect, or where it issued a warranty for a particular quality of the product. The customer’s right of recourse according to § 478 of the German Civil Code is excluded also. Statutory limitation periods shall apply to any excluded claims.
§ 9 Limitation of Liability
stickynotes24 excludes liability for slightly negligent breaches of obligations, insofar as these do not affect substantial contractual obligations, such as damages due to injury to life, body or health, and warranties and claims under product liability law. The same applies to violations of obligations on the part of stickynotes24 employees and statutory representatives. The contractual obligations in particular include the obligation to supply the customer with the product and to transfer the property rights accordingly. Further stickynotes24 is to deliver the product free of factual and legal defects.
In cases where the contract includes refining works or further processing of print products, stickynotes24 is not liable for resulting damage of the product to be refined or further processed as long as the damage was not caused by intentional or culpable negligence. In case that the print data were generated by means of the stickynotes24 online offer, the customer already approves the production for print before submitting the order. The risk of possible errors is transferred to the customer with the approval for print, except for errors arising or being detected only during the production process following the print approval. The same shall apply for all other release approvals for further processing.
§ 10 Prices, Quantity Differences
The production times vary according to product and can be viewed online at any time. The offer prices quoted by stickynotes24 are valid, provided that the submitted order’s data remain unchanged. All prices are stated without the value added tax. For processing and manufacturing reasons stickynotes24 reserves the right to perform excess or short deliveries of up to 10% and to charge them accordingly.
§ 11 Payment and Default of Payment
The delivery shall take place upon prepayment. The customer may only make offset with undisputed or legally established claims against stickynotes24. In case of non-acceptance of the contractually supplied product, stickynotes24 may charge the customer for arising costs. An advance payment may be invoiced if unusually high paper and cardboard quantities, special materials or preliminary services are essential for the implementation of the order. If fulfillment of the claim to payment is endangered because of an impairment to the customer's financial position that occurred or became known after conclusion of the contract, stickynotes24 may demand advance payment and payment of all outstanding invoices, including those that are not yet due, retain products that have not yet been delivered and discontinue further work on current orders. stickynotes24 is entitled to these rights if the client does not pay in spite of a request for payment. Invoices must be paid within 14 days. In case of an unpaid invoice, stickynotes24 reserves the right to issue a default summons after four weeks. Deliveries that have been performed already may be reclaimed in case of an unpaid invoice.
§ 12 Shipping and Delivery
The delivery is carried out by a parcel service or a shipping company. The product is insured according to the respective conditions of the shipping company. Any additional insurance is only offered upon written request and at the expanse of the customer. The manufacturing begins on the day of the print approval or receipt of payment. Contractually binding delivery dates for the respective products can be found in our online offer. The delivery date confirmed in writing applies for products that have been ordered upon a written offer. Other delivery dates are only permissible upon consultation and written confirmation. If the customer does not accept the delivery, or if the shipping company is unable to deliver (especially due to false contact data) repeatedly, the delivery automatically is returned to us. A further delivery will be charged additionally.
§ 13 Safekeeping, Insurance
Templates, raw materials, print media, tools and other re-usable items as well as semi finished and finished products shall only be held in safekeeping beyond the conclusion of the business relationship only if agreed upon beforehand. This safekeeping demands special remuneration. stickynotes24 solely is responsible for the insurance of the mentioned products or data.
§ 14 Place of Jurisdiction
Exclusive place of jurisdiction for all disputes arising from the contract is our place of business, given that the customer is a merchant.