General Terms and Conditions of Business for the DMG Aktiengesellschaft Online Shop

General


All services, which are rendered for the customer via the Online Shop, take place exclusively on the basis of the following Terms and Conditions of Business.
Deviating regulations are only valid if they have been agreed in writing between the Online Shop and the Buyer.


§ 1 Conclusion of Contract

1.1. Only persons who have reached the age of 18 and are not limited in their contractual capability at the time of conclusion of contract are authorised to enter into contracts with the Online Shop.
1.2. Offers by the Online Shop on the Internet are a non-binding invitation to the Customer to order goods from the Online Shop.
1.3. The Customer makes a binding offer to conclude a purchase contract if he orders goods on the Internet.
1.4. The Seller's offers are non-binding as regards price, quantity, delivery time and delivery possibility. Errors and changes both in the offer text and in prices are excepted for all offers whether verbal or in writing. Pictured decorative materials and application examples are not included in the scope of delivery.
1.5. The object of the contract conclusion can only be the delivery of goods in the order units specified in the non-binding offer, price lists and similar documents. If an order does not take into consideration these order units, no contract can be concluded. If the Purchaser has ordered goods from the Online Shop and if these Terms and Conditions were a component of at least one of the corresponding contracts, then conclusion of contract may occur subject to adjustment of the quantity of goods by the Online Shop until the next full order unit is reached. If this adjustment of quantity leads to an increase in cost or an increase in quantity of goods which is unreasonable for the Purchaser, the Purchaser's offer is not accepted. In this case, no contract conclusion may take place.


§ 2 Delivery Time and Time of Performance


2.1. All items will be delivered immediately provided they are in stock and for as long as stocks last.
2.2. Delivery takes place free of charge within Germany. For deliveries abroad and island deliveries, we also charge for freight and packaging at cost price. You can enquire about these costs or see them on the corresponding order confirmation.
2.3. Delivery time is usually 3 working days and begins upon receipt of the money after order confirmation. Any specification of delivery time is non-binding unless there exists a written agreement to the contrary.
2.4. Insofar as fulfilment of service includes printing on the goods, delivery times begin upon issuing of printing approval by the Purchaser, unless agreed otherwise.
2.5. Should an item not be available for a short time, you shall be informed of the expected delivery time by email.
2.6. No damage compensation claims can be raised against the Online Shop for delivery delays caused by force majeure, transport disruptions and orders from higher authorities as well as any other events not attributable to the Online Shop.
2.7. Delivery takes place ex-works. The risk of loss or damage to the goods passes to the Buyer upon shipment or, if the goods cannot or should not be shipped, upon sending of notification that the goods are ready for delivery.


§ 3 Packaging and Shipping Costs


3.1. Any costs for delivery and packaging are invoiced to the Buyer.
3.2. For deliveries within Germany of orders up to and including €250.00 (net), the Purchaser bears the shipping and packaging costs. These are as follows: freight costs of €19.00 are charged for order values below €250.00 net; free delivery within Germany for order values over €250.00 net (islands excluded). If, at the Purchaser's request, delivery of the goods takes place in part deliveries to different addresses in Germany or in several part deliveries to one address in Germany, the Purchaser bears the specified shipping and packaging charges for each part delivery, insofar as the respective part-order value is not more than €250.00 net.


§ 4 Transfer of Risk


4.1. Risk passes to the Buyer as soon as the shipment is transferred to the person carrying out transportation or has left the DMG warehouse for shipping. If shipping is not possible, through no fault of DMG, the risk passes to the Buyer upon notification that the goods are ready for shipping.


§ 5 Warranty


5.1. DMG guarantees that the products are free of defects. Should DMG's performance show fundamental contractual defects, the Contractual Partner is obliged to notify DMG of these defects without delay. In such a case, DMG is entitled to remedy these defects. Should the Contractual Partner breach the notification duty, other warranty claims are excluded. Insofar as DMG does not manage to remedy the defect, the Contractual Partner can demand a reduction of the payment or rescission of the contract.
5.2. Insofar as the Seller's delivery and service are inadequate and complaints about this have been made by the Buyer in due time and in writing in accordance with § 377 of the German Commercial Code (HGB), the Seller will choose to carry out either subsequent delivery or subsequent improvement (supplementary performance). The Seller is to be given an appropriate period of at least eight days in which to do this.
5.3. The Seller's responsibility for material defects and defects of title does not apply insofar as the Purchaser changes the goods himself or has them change by third parties without consent from DMG, unless the Purchaser provides proof that the defects in question were caused neither wholly nor partially by such changes and that supplementary performance is not impeded by such changes.
5.4. Insofar as not explicitly agreed otherwise, DMG makes no guarantee for permanent durability of the printing and product colours as this is not possible within the current state of colour technology.
5.5. Insofar as not explicitly agreed otherwise, DMG only makes guarantees for colour deviations on printed standard items, on individually and specially printed goods (i.e. goods printed specially at the purchaser's choice) insofar as the colour deviations exceed the tolerances specified in the print approval.
5.6. The provisions of § 478 of the German Civil Code (BGB) remain unaffected.


§ 6 Retention of Title


6.1. DMG remains the owner of the goods until all claims (including all balance claims from an open account) have been satisfied, including claims arising in the future from simultaneously or subsequently concluded contracts with the Purchaser. In the event of compulsory enforcement measures, the Contractual Partner shall give notification of DMG's ownership and inform DMG of this immediately.
6.2. If goods subject to title retention are processed by the Buyer into new movable property, such processing takes place for the Seller without obligations arising from this for the Seller. The new object becomes property of the Seller. In the event of processing, combining or mixing with goods not belonging to the Seller, the Seller obtains co-ownership of the new object in the ratio of the value of his goods subject to title retention to the total value.
6.3. In the event that third parties gain access to the goods subject to title retention, the Purchaser will give notification of DMG's ownership and inform DMG of this immediately. The Purchaser bears all costs which arise from suspending access and recovering the goods subject to title retention, insofar as they cannot be collected from the third parties (intervention costs). The Purchaser may not pledge the goods subject to title retention or transfer them as security.


§ 7 Prices


7.1. The prices, plus statutory VAT, given in the DMG order confirmation are definitive. The list prices valid on the delivery day apply for orders made without price agreement.
7.2. All prices apply with "free delivery" plus any arising additional costs such as freight for deliveries abroad or to islands, customs, additional import expenses, insurance, disposal costs and sales tax. The sales tax is invoiced by the Seller at the rate valid on the day of delivery.
7.3. Irrespective of the above paragraphs 1 and 2, the Purchaser bears the costs for any special mode of shipment which he requests, for example cash-on-delivery shipment or express delivery.
7.4. All prices are in EUROS plus the respective VAT at the statutory amount.


§ 8 Terms of Payment


8.1. Unless otherwise agreed, the Buyer shall pay the purchase price to the Seller within 30 days of invoicing. After this period, the Buyer comes into default in accordance with § 286, Paragraph 2, Number 2 of the BGB. If the payment is received by the Seller within 8 days of invoicing, a 2% discount is granted.
8.2. DMG is entitled, despite any provisions to the contrary belonging to the Contractual Partner, to use payments initially to offset older debts. If costs and interest have already accrued, DMG is entitled to offset the payment firstly against the costs, then against the interest and lastly against the principal claim. DMG shall inform the Contractual Partner of the way in which the offsetting takes place.
8.3. Should the Buyer come into default, DMG is entitled to invoice interest for default at the interest rate for open credit set by the merchant banks. If the payment terms are not adhered to, DMG's claims become payable immediately.
8.4. Bills of exchange and cheques are only accepted for processing. The acceptance of bills of exchange takes place subject to the possibility of discounting; discount charges are at the Buyer's expense. A payment is only considered to have taken place when the Seller has the amount at his disposal.
8.5. The Customer has the right to return the goods within 4 weeks by sending the unused goods in the original packaging. Delivery of these goods to the Seller must be free of charge for the Seller.
8.6. Individually made packaging or printed goods are not taken back. The goods are to be inspected for damage immediately and, should there be any damage, a complaint must be made to us in writing within 8 days of delivery otherwise the goods are considered to have been approved.
8.7. The Purchaser is not entitled to withhold or offset payments except in the case of uncontested or legally established counterclaims.
8.8. Costs for designs, drawings, clichés and print cylinders are invoiced with the first delivery. They remain property of DMG. DMG is entitled to the copyright to the designs made by DMG.


§ 9 Limitation of Liability


9.1. Damage compensation claims arising from impossibility of performance, positive breach of obligation, fault upon conclusion of contract and impermissible activity are not permitted against DMG or its performing and vicarious agents, insofar as there exists no case of intentional or grossly negligent activity.
9.2. The Seller only assumes liability for damage compensation and reimbursement of expenses (hereinafter: compensation liability), on whatever legal ground, in particular those due to breach of obligations arising from the debt obligation and impermissible activity, insofar as the Seller, his statutory representatives or his performing agents have acted intentionally or grossly negligently or if the breached obligation is of fundamental importance for reaching the purpose of the contract (cardinal duties). A fundamental contractual obligation is an obligation on which the Buyer may and does rely. The following are considered as contractual fundamental obligations: the obligation to deliver on-time and to install delivery items free of fundamental defects as well as the obligation to advise, protect and exercise due care. These obligations  are those which should make it possible for the Buyer to use the delivery item in accordance with the contract or which aim to protect life and limb of the Buyer's personnel.
9.3. DMG's liability is limited to the value of the contract. Liability for indirect damage is excluded. In the event of slightly negligent breach of cardinal duties, the Seller's compensation liability is limited to contract-typical, foreseeable damage.
9.4. The liability disclaimer and the limitation liability do not apply insofar as the Seller mandatorily assumes liability in the event of injury to life, body or health or for damage pursuant to the German Product Liability Law or for other mandatory reasons. This does not lead to any change to the burden of proof to the disadvantage of the Buyer.


§ 10 Limitation


10.1. Insofar as there is no case of fraud, the Purchaser's claim for supplementary performance due to
- a material defect or
- a defect of title which does not consist of a third party claim for restitution arising from ownership or any other right in rem,
becomes barred within twelve months beginning with delivery of the goods.
10.2. Insofar as fraud, intent or gross negligence exist, the Purchaser's claim for supplementary performance due to
- a material defect or
- a defect of title which does not consist of a third party claim for restitution arising from ownership or any other right in rem,
becomes barred within twelve months beginning with delivery of the goods. This does not apply if the damage in question against the Purchaser is personal injury. Claims due to personal injury become barred within the statutory limitation period.
10.3. The Purchaser's claims, which are based on the breach of an obligation not consisting of a defect, become barred, provided there is no intent or gross negligence, in twelve months beginning at the time at which the claim arose. This does not apply if the Purchaser's claim in question is a case of personal injury. Claims due to personal injury become barred within the statutory limitation period.
10.4. Retraction or reduction is void if the Purchaser's claim for performance or claim for supplementary performance is barred.
10.5. The provisions of § 479 of the BGB remain unaffected.


§ 11 Copyright


11.1. All displayed external logos, images and graphics are the property of the corresponding companies and are subject to the copyright of the corresponding licensor. All photos, logos, text, reports, scripts and programming routines shown on this page, which are our own in-house developments or have been edited by us, may not be copied or otherwise used without our consent. All rights reserved.


§ 12 Links to our Pages


We, hereby, explicitly disassociate ourselves from all content on any pages linked to our homepage. This statement applies for all links on our pages.


§ 13 Place of Jurisdiction, Severability


13.1. The exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is Flörsheim am Main, Germany.
13.2. Should individual provisions of this agreement be or become ineffective, this does not cause the contract and the remaining provisions to become ineffective (severability clause). The ineffective provision is to be replaced by the respective statutory regulations.

Valid as of: 02.07.2013

 
 
 
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  • Schieferstein 11a · 65439 Flörsheim,
    Germany
  • Tel +49 6145 5442-0
  • Fax +49 6145 5442-176
  • Email: info@dmg-ag.com
 
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