GENERAL TERMS AND CONDITIONS, PAYMENT AND DELIVERY CONDITIONS according to §§ 305 ff. BGB
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§ 1 Scope and Provider
(1) These general terms and conditions (GTC) apply to all orders that you place via the webshop www.8studio.de.
8_studio
Kevin Lukas Sklorz
Roermonder Strasse 160
41068 Mönchengladbach
make.
(2) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to entrepreneurs for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted. They only become part of the contract if we have expressly agreed to them.
(3) The contract language is exclusively German and English.
§ 2 contractual partner, conclusion of contract
(1) The contractual partner is Printful® Inc, hereinafter referred to as the "Contractor".
(2) The presentation of goods in our web shop represents a binding application for the conclusion of a contract for the manufacture and / or delivery of the corresponding products.
(3) After receiving your order, you will receive an automatically generated email with which we confirm receipt of your order (automatic confirmation of receipt).
(4) When using the PayPal payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.
(5) With an order via www.8Studio.de you automatically confirm that information such as name, address, etc. may be transmitted to the contractor.
(6) The contractor reserves the right to refuse the processing of data supplied that are suspected of violating the rights of third parties (e.g. copyright, trademark or personal rights) or of violating laws. However, the contractor is not obliged to check this.
§ 3 prices
(1) The prices quoted on the product pages are, unless expressly stated otherwise, plus statutory VAT. They do not include packaging, freight, postage, insurance and other shipping costs, unless these are expressly stated.
(2) The prices stated on the product pages are subject to the reservation that the order data transmitted upon conclusion of the contract remain unchanged.
(3) The inspection obligation contained in the basic data check extends exclusively to the technical suitability of supplies for the proper fulfillment of the order, insofar as the lack of suitability must be recognizable to a carefully acting contractor.
(4) If the customer does not react immediately to the information about incorrect or unusable data, this is deemed to be his consent to use the transmitted data unchanged for printing. Section 2 (6) remains unaffected. An unsatisfactory print result obtained with the customer's consent on the basis of incompletely transmitted or otherwise incorrect print data does not constitute a defect.
§ 4 Payment Methods
(1) We currently offer the following payment methods:
- Payment by Paypal
- Payment in advance (services only)
(2) The payment method invoice can be agreed upon request. Please contact us personally in advance of the order in order to clarify the possibility in your specific case and to send us your billing address. Depending on the order volume, we reserve the right to carry out a credit check. The invoice amount must be transferred to the account specified in Paragraph 4 within 30 days of receipt of the invoice.
(4) In the case of a service order, we only accept payment in advance and send you an order confirmation with the associated design contract and bank details.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) In the event of changes or cancellation of orders, work and the like by the customer and / or if the requirements for the provision of services change, the contractor will be reimbursed for all costs incurred by the customer and the contractor will be released from any claims against third parties.
§ 5 Offsetting / Right of Retention
(1) The customer is only entitled to offset if his due and enforceable counterclaim has been legally established, is not disputed or recognized by the contractor and has no close synallagmatic relationship to his claim.
(2) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Shipping information and delivery conditions
(1) We only deliver by post. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.
(2) In addition to the stated product prices, shipping costs are incurred, unless expressly agreed otherwise when the contract is concluded. The amount of the shipping costs is shown in the order process.
(3) Delivery times are agreed individually at the latest when the contract is concluded. If this does not happen, the statutory regulations apply.
(4) The contractor is only entitled to make partial deliveries insofar as this is appropriate taking into account the requirements of good faith in accordance with Section 242 of the German Civil Code (BGB). This can especially be the case if
- Partial deliveries can be used by the customer within the scope of the contractual intended purpose and
- the delivery of the rest of the ordered goods is guaranteed.
The rights / claims to which the customer is entitled due to a breach of duty for which the contractor is responsible remain unaffected.
(5) If the delivery is delayed, the customer can only withdraw under the conditions of § 323 BGB if the delay is the responsibility of the contractor. Paragraph 6 remains unaffected. A change in the burden of proof is not associated with this regulation.
(6) Operational disruptions of temporary duration for which the contractor is not responsible - both in its own company and in that of a partner or supplier -, in particular strikes, lockouts and all cases of force majeure, only entitle the customer to withdraw from the contract if he has a further adherence to the contract cannot objectively be expected, otherwise the delivery period will be extended by the duration of the delay caused by the disruption. The contractor is not liable in these cases.
§ 7 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered by the contractor or his partners entrusted with production and / or delivery to the delivery address specified by you in the ordering process.
(2) The goods remain our property until they have been paid for in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) Towards entrepreneurs i. S. d. Section 14 of the German Civil Code also applies the following:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 8 Transport Damage
(1) The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
(2) The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we or our partner have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. § 377 of the German Commercial Code applies to merchants. If you fail to report the defects regulated there, the goods are deemed to have been approved, unless the defect is that could not be identified during the inspection. This does not apply if the defect was fraudulently concealed.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of liability for defects.
(2) Some of the products we offer are handcrafted. Slight production-related deviations between products of the same type can therefore unfortunately not be completely ruled out and do not constitute a defect.
(3) In the case of color reproductions in all manufacturing processes, normal color deviations from the original cannot be objected to.
The same applies to the comparison between other templates (e.g. digital proofs, proofs) and the end product.
(4) With all folded products, the paint application inevitably tears at the fold breaks. Complaints about this are excluded.
(5) In the production of various advertising materials made of textiles, ceramics or porcelain, plastic, rubber, metal or the like, prefabricated product blanks are printed in different mechanical processes. Production-related blemishes in the blanks themselves that are insignificant for the overall appearance of the end product (e.g. dust inclusions, slight discoloration or dull areas in a coating) do not constitute a material defect in the goods.
(6) Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. Charged will be the amount sent. In the case of deliveries made from custom-made paper weighing less than 1,000 kg, the percentage increases to 20%, and less than 2,000 kg to 15%.
(7) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438, Paragraph 1, No. 3 of the German Civil Code (BGB).
(8) Towards entrepreneurs i. S. d. § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product descriptions, which were included in the contract, are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the obligation to inspect and notify, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of repair or replacement (supplementary performance) at our discretion. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from the transfer of risk, the statutory limitation periods for recourse claims according to § 478 BGB remain unaffected.
§ 10 liability
(1) Unlimited liability: We are unrestrictedly liable for intent and gross negligence as well as in accordance with the Product Liability Act and within the framework of a guarantee promise, if agreed. Information on any applicable guarantees and their precise conditions can be found in the product description and on special information pages in the web shop.
For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
(3) The customer provides the contractor with all the data required to execute the order free of charge. The data made available will be handled carefully by the contractor, protected from access by third parties, only used to process the respective order and returned to the customer or destroyed after completion of the order, unless archiving has been agreed. In relation to third parties, the customer must ensure that the transfer of (in particular personal) data and documents to the contractor is within the framework of legal admissibility.
(4) The risk of the legal admissibility of the products developed and measures carried out by the contractor is borne by the customer. This applies in particular in the event that the services commissioned violate the provisions of competition law, copyright law and special advertising law. However, the contractor is obliged to point out legal risks insofar as these become known to him during his work. The customer exempts the contractor from third party claims if the latter has acted at the express request of the customer, although he has informed the customer of concerns with regard to the admissibility of the measures. The contractor must report such concerns to the customer immediately after they become known. Section 2 (7) remains unaffected.
(5) The contractor is in no way liable for the factual statements about products, services or opinions of the customer contained in goods manufactured according to customer specifications.
(6) The contractor is responsible for printing and forwarding for dispatch. 8_studio does not produce the goods independently.
§ 11 Commercial Usage
In commercial transactions, the commercial customs of the printing and media industry apply, unless a different order has been placed.
§ 12 Archiving
Data transmitted to us for the processing of the order will only be archived by us after express agreement and against special payment beyond the point in time at which the end product is handed over to the customer or his vicarious agents. If there is no agreement, the customer has to obtain any insurance himself.
§ 13 Alternative Dispute Resolution
We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure according to the Consumer Dispute Settlement Act (VSBG) and unfortunately we cannot offer you participation in such a procedure.
§ 14 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) German law is exclusively applicable to all contracts concluded with the contractor. UN sales law (CISG) is excluded. Mandatory provisions of the country in which the customer's habitual residence is located remain unaffected by the choice of law.
(3) The place of fulfillment and place of jurisdiction for all disputes arising from the contractual relationship or related disputes, if the customer is a merchant, legal entity under public law or special fund under public law, or has no general place of jurisdiction in Germany, is the place of business of the contractor.
Status: March, 2021