Terms & Conditions for using the website www.buntbox.com and www.buntbox.co.uk
(1) Any deliveries, services and offers of Buntbox GmbH, related to the use of the website www.buntbox.com and www.buntbox.co.uk are solely on the basis of these GBCs (General Business Conditions). Any general business conditions of the client only apply to the extent that Buntbox GmbH has given its express written consent thereto. Oral covenants are ineffective.
(2) These GBCs shall also apply to any such future business relations, even if they have not been expressly agreed again.
(3) The legal relations between the parties are subject to German law without the conflict of laws rules, and ousting the UN Convention on Contracts for the International Sale of Goods.
2) Finalization and discharge of contract
(1) Any offers and descriptions of products and services of Buntbox GmbH are, without exception, subject to confirmation and non-binding. The contract shall come into being upon an order being acknowledged by Buntbox GmbH.
(2) Communications between Buntbox GmbH and the client are usually via digital channels, i.e. by email.
This being so, the client shall indicate an email address, when ordering at the latest, such address to be in a technically fully functioning state and to remain so until final conclusion of the order. The email address shall also apply to any future orders, unless the client revokes the email address quoted upon ordering or provides a new email address.
(3) As a general rule, Buntbox GmbH has no duty to point out any missing, incorrect or non-functioning email addresses as set forth in (1), although the client is free to demonstrate that such notification would have been possible and reasonable.
3) Subject matter
(1) The subject matter of the contract is described comprehensively and finally in Buntbox GmbH's offer. Any properties or features going beyond the offer shall be deemed agreed only if confirmed by Buntbox GmbH in writing. For any declarations given in connection with a placed order or a concluded contract, Buntbox GmbH assumes no guarantee. Other arrangements shall apply only if such a declaration is in writing and the word 'guarantee' is used.
(2) Printed matter commissioned for offset printing shall be manufactured in accordance with the standards jointly developed by the Research Institute of the Graphic Industry (FOGRA) and the German Printing and Media Industries Federation (bvdm), and defined in DIN ISO 12647, for offset printing using process colours.
(3) In respect of components of any kind supplied by the client or by third parties commissioned by the client, specifically data carriers and transmitted data, Buntbox GmbH shall have no duty of inspection, unless obviously unusable or non-readable data are concerned.
In data transmission, the client shall use anti-virus programs that are then currently state-of-the-art.
4) Prices/Modes of payment
(1) The prices quoted by Buntbox GmbH are gross prices, incl the current statutory level of value-added tax due on the subject matter of the contract.
As additional information net prices without VAT are sometimes also provided together with gross prices.
The prices are subject to the provison that the inquiry data on which the offer is based remain unchanged, but shall apply for max. 3 months after receipt of the inquiry at Buntbox GmbH. The prices are to be understood plus the costs of packaging, freight, postage, insurance and other dispatch outlays.
(2) The remuneration is due and payable immediately upon receipt of an invoice. Any agreed discount is exclusive of packaging, freight, postage, insurance and other shipping costs. In the event of a failure to pay, the client shall be in default without any further declaration from Buntbox GmbH 14 days after the maturity date. In the event of any defects, the client shall have no right of retention, unless this is in a reasonable ratio to the defects and the foreseeable costs of subsequent performance.
(3) Buntbox GmbH may demand advance payment. Payments shall be by 'electronic direct debits' via a 'payment provider' named by Buntbox GmbH. In this respect, the client shall also be able to pay by having a credit card debited, wherever this is possible via the provider on the basis of contractual arrangements with the credit-card company concerned.
(4) In any re-transfer, the client shall be placed in default. Any payment default shall entitle Buntbox GmbH to charge interest in line with the provisions of statute. This shall not affect any claims based on further loss. Any re-transfer costs shall be borne by the client, unless the client was entitled to arrange for such re-transfer.
(1) The dates stated in an offer or order acknowledgement are likely completion dates which are non-binding and indicate the point in time when the final product is handed over to the person named for shipping purposes (shipper).
(2) Buntbox GmbH shall not be answerable for any delays in delivery occurring after handover of the product to the shipper. Buntbox GmbH shall not be liable for damage/loss due to delayed delivery by the person named for shipping purposes. Other arrangements shall only apply if Buntbox GmbH has delivery made by its own employees. In such case, the liability arrangements pursuant to item 9) shall apply.
(3) If Buntbox GmbH has expressly affirmed a definite completion date (ex works) in writing as being binding, the client shall not be entitled to rescind the contract due to non-adherence to this date until it has given warning to Buntbox GmbH of such rescission in writing and has set a further reasonable term, or if a fixed date is concerned.
(4) In commercial intercourse, Buntbox GmbH shall have a right of retention to print and stamp artwork, manuscripts, raw materials and other objects supplied by the client, viz. pursuant to sec. 39 of Germany's Commercial Code (HGB), pending settlement in full of all claims due under the business relationship.
6) Right of rescission pursuant to Germany's Distance-Selling Law (FernAbsG)
Pursuant to Germany's Civil Code (BGB), the client, if a consumer, has a right to revoke any purchase of goods from online shops on the Internet or other distance-selling distribution channels. Revocation is excluded, however, if the service to be performed concerns a product made to customer specifications (cf. sec. 312d(4), item 1 BGB).
(1) The client shall at any events examine the contractual conformity of the goods delivered and of any preliminary and interim products (e.g. proofs) sent for correction. With the declaration of approval, the risk of any defects shall pass to the client, unless the defects concerned only emerged or could have been detected in the subsequent manufacturing process after the declaration of approval.
Apparent defects to the goods must be the subject of a written claim within 14 days of receipt of the goods. Any latent defects that cannot be detected after immediate examination must be the subject of a claim within the statutory guarantee periods.
If the client is a business person, and even though no commercial transaction is concerned for the client, the client must submit a written complaint of any apparent defects to the goods within 7 days of receipt. Any latent defects that cannot be detected after immediate examination must be the subject of a claim within the statutory guarantee periods. If, by contrast, a commercial transaction is concerned for the client, the provisions under the HGB shall apply.
(2) Buntbox GmbH produces on the basis of the data furnished by the client, so that it assumes no guarantee for such defects as have emerged due to the faulty transmission of such data or are based on their condition, unless the data were modified by Buntbox GmbH within the scope of the order, or the unsuitability of the data was obvious, or Buntbox GmbH was answerable for such faulty transmission.
(3) Buntbox GmbH in principle assumes no guarantee for printing data that are produced in the RGB colour space and/or contain CMYK colour profiles and/or have too low and/or too high resolution and/or make use of missing, defective or non-embedded fonts and/or special colours outside the process colours (cyan, magenta, yellow and black).
(4) If the data deviate in their condition or in the way they were produced from the particulars (data sheet) that Buntbox GmbH provides for the product concerned or which may be inspected at its business premises, liability is likewise excluded.
(5) In respect of any deviations in the condition of the material used, Buntbox GmbH only assumes liability up to the amount of the order value.
(6) Any reductions in the purchase price, any cancellation of the contract, or any compensation in lieu of performance shall not be possible until an attempt at subsequent performance has failed. This shall not apply where Buntbox GmbH has finally refused to perform or if it is unreasonable for the client to await subsequent performance.
8) Securing claims and ownership
(1) The produced product shall remain the property of Buntbox GmbH pending payment of the agreed price in full.
(2) In any treatment or processing of supplied items that are the property of a third party, Buntbox GmbH must be viewed as a manufacturer within the meaning of sec. 950 BGB, and it shall retain title to the products at all times during the processing. If any third parties are involved in treatment or processing, Buntbox GmbH’s co-ownership share shall be limited to the invoice value of the reserved merchandise. The title so acquired shall be deemed to be reserved property.
(3) The client's claims against Buntbox GmbH under this business relationship cannot be assigned. The client may only offset claims of Buntbox GmbH under this business relationship with such claims as are uncontested or final.
(1) Buntbox GmbH shall retain all rights, especially duplication rights, to any creative output within the scope of the order, specifically picture and text marks, layouts or graphic drafts.
(2) Any assignment of copyright to the client or third parties shall require written agreement and be subject to a separate fee. In such case, title shall only pass upon payment of the agreed fee.
(1) In cases of wilful action or gross negligence on the part of Buntbox GmbH or a representative or agent, Buntbox GmbH shall assume liability as set forth in the provisions of statute. For the rest, it shall only be liable pursuant to Germany's Product Liability Act (ProdHaftG) for injuries to life, limb or heath and for culpable infringement of material contractual duties, or where it has fraudulently concealed defects or given a guarantee for the condition of the delivered items. However, any claims to compensation based on infringements of material contractual duties shall be limited to foreseeable typical contractual loss, unless a further case of mandatory liability pursuant to sents. 1 or 2 exists at the same time.
(2) The arrangements under (1) shall apply to all claims for compensation (specifically compensation in addition to performance or compensation in lieu of performance), viz. irrespective of the legal reason, specifically based on defects, infringements of contractual duties or tort.
(3) No change in the onus of proof detrimental to the client shall follow from the above provisions.
(4) Buntbox GmbH has no duty to check the content of the printed product. It assumes no liability for any damage/loss resulting from the content or for damage/loss due to any infringements of rights, specifically third-party copyright, as a consequence of publishing the printed product. The client shall indemnify Buntbox GmbH against any third-party claims based on such infringement of rights.
11) Limitation of claims
(1) Wherever the delivered item is a new object or an object to be newly produced, claims for compensation based on defects – for whatever legal reason – shall be barred after one year.
(2) The limitation periods applicable to compensation claims specified in (1) shall also apply to other claims for compensation against Buntbox GmbH, irrespective of their legal basis. They shall also apply wherever such claims are not based on defects.
(3) The above limitation periods shall apply with the following provisos:
a) The limitation periods shall not, in general, apply to cases of wilful action or fraudulent concealment of defects (or to the extent that Buntbox GmbH has given a guarantee for the condition of a delivered item).
b) The limitation periods shall not apply either wherever a third-party right in rem is concerned on the basis of which surrender of the delivered item may be demanded.
c) Nor shall the limitation periods apply to cases of injuries to life, limb, health or freedom, claims pursuant to the ProdHaftG, breach of duty due to gross negligence, or any culpable infringement of material contractual duties.
(4) Wherever this provision mentions compensation claims, this shall also include claims for reimbursement of expenses incurred in vain.
(5) Failing other express arrangements, this shall not affect the provisions of statute governing the commencement of limitation periods, suspension of the running of limitation periods, or any suspension and re-commencement of limitation periods.
(6) No change in the onus of proof detrimental to the client shall follow from the above provisions.
12) Storage, passing on and deletion of data
(1) The client alone shall bear responsibility for making data back-ups. Buntbox GmbH shall be entitled, though not obliged, to make copies of the data.
(2) Data recorded during business development and required in execution of the order shall be stored at Buntbox GmbH in digital form. Buntbox GmbH shall be entitled to further process the data and to produce written excerpts within the scope of processing.
(3) The client is agreed that data required for settlement purposes and other contractual discharge may be captured, processed and used subject to the applicable data-protection laws. The data required in execution of the contract shall only be passed on by Buntbox GmbH wherever this is necessary for executing the contract or required by provisions of statute. This shall also include an exchange of data pursuant to item 13.
13) Credit checks
(1) To the extent that this is necessary to safeguard Buntbox GmbH's justified interests and does not impair the client's concerns worthy of protection, Buntbox GmbH shall be entitled to obtain personal data on the client from credit-reference agencies with a view to checking the credit standing of the client. In such a case, Buntbox GmbH shall also be entitled to obtain information about the client from Germany's Protective Association for General Collateral Security (Schufa) and to transmit to the latter such data on any conduct of the client contrary to the contract as is permissible following a consideration of all the interests affected.
(2) The data established in such a way shall be used for the stated purpose only. The client may at any time obtain information on the data stored concerning the client from a credit-reference agency and from Schufa (Schufa Holding AG, Verbraucherservice, Postfach 5640, D-30056 Hannover).
14) Commercial usage
In commercial intercourse, the usages of the printing industry shall apply (e.g. no duty to surrender interim products like data, lithographs, printing plates or tools made in the manufacture of the final product owed) failing an order to the contrary.
15) Jurisdiction/Escape clause
(1) Consumers: The courts at Albstadt shall have jurisdiction in any direct or indirect disputes under the order relations if clients relocate their residence or usual abode from the territory of the Federal Republic of Germany after contracting or if their residence or usual abode is not known at the time of bringing an action.
Business persons: The courts at Albstadt shall have jurisdiction for merchants (Kaufleute) as defined by the HGB, public corporations and special funds under public law. The same shall apply if the client has no general venue in Germany.
(2) Should any provision of these General Business Conditions or under other agreements be or become ineffective, this shall not affect the validity of all remaining provisions or agreements.