Terms and Conditions
General Terms and Conditions (T&C)
§1 Scope, supplier
Any business conducted between Friedmann Print Data Solutions GmbH (hereafter referred to as “we”, “us” or “our”) and the Customer through the website www.friedmann-print.com or through use of the “friedmann print” software is governed by the General Terms and Conditions set out below, as published on our website at the time of the order. When placing an online order, we recommend that you print or save a copy of these General Terms and Conditions for future reference.
The Supplier is:
Friedmann Print Data Solutions GmbH - Hauptstraße 10 -
89343 Jettingen-Scheppach - Germany
(hereafter referred to as “we” or “us”)
These General Terms and Conditions apply in place of, prevail over and supersede any terms and conditions of the Customer.
§2 Distinction of business customer and consumer
Some provisions in these T&C only apply to certain categories of customers, either to consumers or to businesses. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all customers.
“Consumer”, as used herein, means every natural person, so defined by §13 of the German CivilCode, who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
“Business Customer”, as used herein, means a natural or legal person or a partnership with legal personality, so defined by §14 of the German Civil Code, who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§3 Services
Minor variations in reproductionsfrom the original cannot be entirely avoided for technical reasons and, therefore,in color reproductions in any production process do not constitute grounds for complaint. The same applies, for technical reasons, to comparisons between other samples, e.g. proofs and test prints, even if we have prepared them, and the end product.
This includes without limitation:
– minor color variations between two or more orders
– minor color variations compared to previous orders
– minor color variations between individual sheets of the same order
– minor cutting and folding tolerances (= variations from the open or folded end format) of any product up to 3 mm compared to the end format
– minor color variations between inside and cover
The same applies, for technical reasons, to comparisons between other samples, e.g. proofs and test prints, even if we have prepared them, and the end product.
§4 Customer information
When placing an order, all information provided by the Customer must be correct and complete. The use of personal information including contact details of third parties is strictly forbidden without their consent.
§5 Contract formation, contract language
By placing an order, you make a legally binding offer to enter into a contract of purchase with us. To place an order, our app or website will guide you through the order process and prompt you toprovide the required details. Before submitting your order to us, you will be given the opportunity to review and amend it. Your order only becomes a binding offer to enter into a contract with us once you submitted the order.
We will confirm your offer within two days by
– sending you an order confirmation by email,
– sending the ordered goods,
or
– requesting payment;
the deadline is met if you receive our order confirmation, the goods or our payment request within this period.
The contract language is German.
§6 Storing the contract terms
The contract terms are covered in part on the order summary page in the last step of the order process and in part in these General Terms and Conditions. These contract terms are stored on our system. A copy of both documents can be saved to your computer and printed for your records by using the built-in features of your browser (typically “Print” or “File” > “Save As“). The contract terms and our General Terms and Conditions are also attached to our email with the order confirmation, which we will send you on acceptance of your order. In addition, you can download our T&C at www.friedmann-print.com/en/agb
§7 Payment
If advance payment is agreed, payment is due immediately after conclusion of the contract. Irrespective of the payment terms, we are not obligated to perform the contract and deliver the order until full payment has been made and cleared into our account.
§8 Deliver
The following applies to business customers:
a. We are entitled to make partial deliveries and to bill them separately to the extent that you can reasonably be expected to accept this practice.
b. The risk in the delivered goods passes to the Customer when the goods are handed over to the forwarding agent, carrier or another third party designated to carry out the shipment (i.e. at the start of the loading operation). The same applies to partial deliveries.
c. Deliveries to consumers are governed by the general statutory provisions.
§9 Binding order
We recommend that you follow the guidelines provided on our website, particularly the format requirements, to supply print-ready files. These guidelines have been developed to help you understand the process and to avoid delays due to errors. In any case, all orders, regardless of whether they meet our guidelines, are binding once placed and confirmed.
§10 Third-party rights, indemnification
a. The following applies to business customers:
(aa) The Customer accepts all liability for the materials and content supplied for use in the production of the printed product. We assume no duty to review content and, in particular, we willnot be liable for any infringement of the proprietary or other rights of a third party. It is your responsibility to ensure that the content submitted by you does not infringe any applicable laws or regulations or any third-party rights.
(bb) The Customer shall fully indemnify and hold us harmless from and against all losses arising out of any actions, proceedings, claims or demands whatsoever suffered or incurred by us(including without limitation legal fees)in connection with or arising as a result of any infringement of the rights of any third party.
b. Contracts with consumers are, in this respect, governed by the general statutory provisions.
Our products may not be resold commercially.
§11 Retention of title
a. The following applies to consumers:
The delivered goods will remain our property until the sales price has been paid in full.
b. The following applies to business customers:
(aa) Ownership of the goods will not pass to the Customer unless and until we have received in full all sums due from the Customer under this contract (Retained Goods). Should the realizable value of the securities furnished for us exceed all of our claims which are to be secured by more than 10%, we hereby undertake to release securities as selected by us at the Customer’s request.
(bb) The Customer may resell the Retained Goods to a third party in the ordinary course of business and hereby agrees to assign to us all claims arising from this resale.
§12 Right of withdrawal
In accordance with §312 g section no. 1of the German Civil Code (BGB), the right to withdraw from distance contracts under §312 g section 2 (1) BGB does not exist, as the products will be made to your specification or personalized by you and are clearly tailored to personal needs.
On this basis and considering that our online shop is dedicated exclusively to the production and delivery of custom print products using the artwork you supply, the Customer does not have the right to withdraw from the contract.
§13 Cancelation by the Customer
a. You may cancel your order at any time before finalization of your print product on condition that:
– good cause is shown, and
– your order has not already gone into production, and
– we have given our consent.
b. In the event of a cancelation, we are entitled to charge you for the difference between the agreed price and the value of any savings in expenses or any benefits that may accrue, or whichwe willfully failed to accrue, through alternative utilization of services not utilized as a result of the cancelation.
c. Alternatively, in lieu of calculating the exact difference as detailed above in paragraph b, we are entitled to charge a flat cancelation fee of 10% of the agreed price. If a lower difference as detailed above in paragraph b can be proved, such lower difference will apply.
§14 Warranties
a. Warranties if you are contracting as a consumer:
The statutory warranty rights apply.
b. Warranties if you are contracting as a business customer:
(aa) If the Customer is a merchant as defined by §1 of the German Commercial Code (HGB), thedelivered goods must be inspected immediately upon receipt. Any obvious defects must be promptly reported. Latent defects must be notified without undue delay upon their discovery. In order to preserve the Customer’s rights and remedies, it is sufficient to show that notice was sentin timely fashion. If the Customer does not so notify us, the goods will be deemed to have been accepted by the Customer, unless we have fraudulently concealed the defect.
(bb) If any goods are found to be defective, we will use our reasonable endeavors to remedy the defect and, at our sole discretion, repair or replace the defective goods. If the defect cannot be remedied, the Customer is entitled to a reduction in price or—in case of significant deficiencies—to withdraw from the contract.
(cc) Claims for damages of the Customer based on material defects become statute-barred one year after delivery of the goods. This does not apply to any claims of the Customer for damages resulting from injury to life, limb or health for which we can be held responsible or from grossly negligent breach of duty by us, our legal representatives or our vicarious agents; in this case, thelegal statute of limitations shall apply.
§15 Limitation of liability
Our liability for damages is limited as follows:
We are liable under statutory provisions for any damages caused by a willful or grossly negligent breach of contract by us, our legal representatives or our vicarious agents. The same applies to our liability for damages resulting from injury to life, limb or health caused by our negligence.
In the event of damage to property or financial loss due to negligence, we, our legal representatives and our vicarious agents are liable only for any breach of a material contractual obligation. In such case, however, any claim for damages will be limited to typical damages foreseeable at the time of entering into the contract; material contractual obligations are core obligations the fulfilment of which is essential for the proper execution of the contract and on which the Customer does and may consistently rely.
We do not accept any further liability, irrespective of the legal nature of the claim, except to the extent imposed by operation of law, including, but not limited to, claims that fall within the scope of a guarantee given by us or under the Product Liability Act.
§16 Governing law and venue
These T&C and all matters arising out of or in connection with any contract shall be construed and governed exclusively in accordance with the laws of the Federal Republic of Germany, without giving effect to the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law will not deprive a consumer of the protection afforded by provisions which, according to the law of the state in which the consumer has his residence or usual place of abode, cannot be derogated from by agreement. The venue for any disputes arising from or in connection with contracts with businesses, legal entities under public law or special funds under public law will be the courts with proper jurisdiction at our place of business (Jettingen-Scheppach). However, we retain the right to bring any actions against the Customer athis place of business.
Terms and Conditions
General Terms and Conditions (T&C)
§1 Scope, supplier
Any business conducted between Friedmann Print Data Solutions GmbH (hereafter referred to as “we”, “us” or “our”) and the Customer through the website www.friedmann-print.com or through use of the “friedmann print” software is governed by the General Terms and Conditions set out below, as published on our website at the time of the order. When placing an online order, we recommend that you print or save a copy of these General Terms and Conditions for future reference.
The Supplier is:
Friedmann Print Data Solutions GmbH - Hauptstraße 10 -
89343 Jettingen-Scheppach - Germany
(hereafter referred to as “we” or “us”)
These General Terms and Conditions apply in place of, prevail over and supersede any terms and conditions of the Customer.
§2 Distinction of business customer and consumer
Some provisions in these T&C only apply to certain categories of customers, either to consumers or to businesses. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all customers.
“Consumer”, as used herein, means every natural person, so defined by §13 of the German CivilCode, who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
“Business Customer”, as used herein, means a natural or legal person or a partnership with legal personality, so defined by §14 of the German Civil Code, who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§3 Services
Minor variations in reproductionsfrom the original cannot be entirely avoided for technical reasons and, therefore,in color reproductions in any production process do not constitute grounds for complaint. The same applies, for technical reasons, to comparisons between other samples, e.g. proofs and test prints, even if we have prepared them, and the end product.
This includes without limitation:
– minor color variations between two or more orders
– minor color variations compared to previous orders
– minor color variations between individual sheets of the same order
– minor cutting and folding tolerances (= variations from the open or folded end format) of any product up to 3 mm compared to the end format
– minor color variations between inside and cover
The same applies, for technical reasons, to comparisons between other samples, e.g. proofs and test prints, even if we have prepared them, and the end product.
§4 Customer information
When placing an order, all information provided by the Customer must be correct and complete. The use of personal information including contact details of third parties is strictly forbidden without their consent.
§5 Contract formation, contract language
By placing an order, you make a legally binding offer to enter into a contract of purchase with us. To place an order, our app or website will guide you through the order process and prompt you toprovide the required details. Before submitting your order to us, you will be given the opportunity to review and amend it. Your order only becomes a binding offer to enter into a contract with us once you submitted the order.
We will confirm your offer within two days by
– sending you an order confirmation by email,
– sending the ordered goods,
or
– requesting payment;
the deadline is met if you receive our order confirmation, the goods or our payment request within this period.
The contract language is German.
§6 Storing the contract terms
The contract terms are covered in part on the order summary page in the last step of the order process and in part in these General Terms and Conditions. These contract terms are stored on our system. A copy of both documents can be saved to your computer and printed for your records by using the built-in features of your browser (typically “Print” or “File” > “Save As“). The contract terms and our General Terms and Conditions are also attached to our email with the order confirmation, which we will send you on acceptance of your order. In addition, you can download our T&C at www.friedmann-print.com/en/agb
§7 Payment
If advance payment is agreed, payment is due immediately after conclusion of the contract. Irrespective of the payment terms, we are not obligated to perform the contract and deliver the order until full payment has been made and cleared into our account.
§8 Deliver
The following applies to business customers:
a. We are entitled to make partial deliveries and to bill them separately to the extent that you can reasonably be expected to accept this practice.
b. The risk in the delivered goods passes to the Customer when the goods are handed over to the forwarding agent, carrier or another third party designated to carry out the shipment (i.e. at the start of the loading operation). The same applies to partial deliveries.
c. Deliveries to consumers are governed by the general statutory provisions.
§9 Binding order
We recommend that you follow the guidelines provided on our website, particularly the format requirements, to supply print-ready files. These guidelines have been developed to help you understand the process and to avoid delays due to errors. In any case, all orders, regardless of whether they meet our guidelines, are binding once placed and confirmed.
§10 Third-party rights, indemnification
a. The following applies to business customers:
(aa) The Customer accepts all liability for the materials and content supplied for use in the production of the printed product. We assume no duty to review content and, in particular, we willnot be liable for any infringement of the proprietary or other rights of a third party. It is your responsibility to ensure that the content submitted by you does not infringe any applicable laws or regulations or any third-party rights.
(bb) The Customer shall fully indemnify and hold us harmless from and against all losses arising out of any actions, proceedings, claims or demands whatsoever suffered or incurred by us(including without limitation legal fees)in connection with or arising as a result of any infringement of the rights of any third party.
b. Contracts with consumers are, in this respect, governed by the general statutory provisions.
Our products may not be resold commercially.
§11 Retention of title
a. The following applies to consumers:
The delivered goods will remain our property until the sales price has been paid in full.
b. The following applies to business customers:
(aa) Ownership of the goods will not pass to the Customer unless and until we have received in full all sums due from the Customer under this contract (Retained Goods). Should the realizable value of the securities furnished for us exceed all of our claims which are to be secured by more than 10%, we hereby undertake to release securities as selected by us at the Customer’s request.
(bb) The Customer may resell the Retained Goods to a third party in the ordinary course of business and hereby agrees to assign to us all claims arising from this resale.
§12 Right of withdrawal
In accordance with §312 g section no. 1of the German Civil Code (BGB), the right to withdraw from distance contracts under §312 g section 2 (1) BGB does not exist, as the products will be made to your specification or personalized by you and are clearly tailored to personal needs.
On this basis and considering that our online shop is dedicated exclusively to the production and delivery of custom print products using the artwork you supply, the Customer does not have the right to withdraw from the contract.
§13 Cancelation by the Customer
a. You may cancel your order at any time before finalization of your print product on condition that:
– good cause is shown, and
– your order has not already gone into production, and
– we have given our consent.
b. In the event of a cancelation, we are entitled to charge you for the difference between the agreed price and the value of any savings in expenses or any benefits that may accrue, or whichwe willfully failed to accrue, through alternative utilization of services not utilized as a result of the cancelation.
c. Alternatively, in lieu of calculating the exact difference as detailed above in paragraph b, we are entitled to charge a flat cancelation fee of 10% of the agreed price. If a lower difference as detailed above in paragraph b can be proved, such lower difference will apply.
§14 Warranties
a. Warranties if you are contracting as a consumer:
The statutory warranty rights apply.
b. Warranties if you are contracting as a business customer:
(aa) If the Customer is a merchant as defined by §1 of the German Commercial Code (HGB), thedelivered goods must be inspected immediately upon receipt. Any obvious defects must be promptly reported. Latent defects must be notified without undue delay upon their discovery. In order to preserve the Customer’s rights and remedies, it is sufficient to show that notice was sentin timely fashion. If the Customer does not so notify us, the goods will be deemed to have been accepted by the Customer, unless we have fraudulently concealed the defect.
(bb) If any goods are found to be defective, we will use our reasonable endeavors to remedy the defect and, at our sole discretion, repair or replace the defective goods. If the defect cannot be remedied, the Customer is entitled to a reduction in price or—in case of significant deficiencies—to withdraw from the contract.
(cc) Claims for damages of the Customer based on material defects become statute-barred one year after delivery of the goods. This does not apply to any claims of the Customer for damages resulting from injury to life, limb or health for which we can be held responsible or from grossly negligent breach of duty by us, our legal representatives or our vicarious agents; in this case, thelegal statute of limitations shall apply.
§15 Limitation of liability
Our liability for damages is limited as follows:
We are liable under statutory provisions for any damages caused by a willful or grossly negligent breach of contract by us, our legal representatives or our vicarious agents. The same applies to our liability for damages resulting from injury to life, limb or health caused by our negligence.
In the event of damage to property or financial loss due to negligence, we, our legal representatives and our vicarious agents are liable only for any breach of a material contractual obligation. In such case, however, any claim for damages will be limited to typical damages foreseeable at the time of entering into the contract; material contractual obligations are core obligations the fulfilment of which is essential for the proper execution of the contract and on which the Customer does and may consistently rely.
We do not accept any further liability, irrespective of the legal nature of the claim, except to the extent imposed by operation of law, including, but not limited to, claims that fall within the scope of a guarantee given by us or under the Product Liability Act.
§16 Governing law and venue
These T&C and all matters arising out of or in connection with any contract shall be construed and governed exclusively in accordance with the laws of the Federal Republic of Germany, without giving effect to the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law will not deprive a consumer of the protection afforded by provisions which, according to the law of the state in which the consumer has his residence or usual place of abode, cannot be derogated from by agreement. The venue for any disputes arising from or in connection with contracts with businesses, legal entities under public law or special funds under public law will be the courts with proper jurisdiction at our place of business (Jettingen-Scheppach). However, we retain the right to bring any actions against the Customer athis place of business.
