This text is a machine translation of the German original text. In case of doubt, the German version shall always be legally binding.
General terms and conditions
1.Scope
Our online shop is aimed exclusively at entrepreneurs.
In addition to verifying your entrepreneurial status during the ordering process, we are entitled to demand proof of your entrepreneurial status by submitting suitable and up-to-date documents, e.g. an excerpt from the commercial register or business registration.
These GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with PrintSmarter GmbH i. Gr.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. Delivery conditions
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
If the product you have ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately in the order confirmation. We are thereby released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse them to you without delay.
Subject to self-delivery, we will ensure prompt delivery. If part of the order cannot be delivered immediately because we are not supplied in time by our reliable supplier through no fault of our own despite placing a congruent order, we will subsequently deliver the remaining goods without charging you again for the shipping costs, insofar as this is reasonable for you.
5.Payment
You consent to the transmission of all invoices by e-mail. This consent can be revoked at any time. In the event of a delay in payment, we reserve the right to charge you the statutory default interest in the amount of nine percentage points above the base interest rate as well as a lump sum in the amount of 40 euros. Further claims remain unaffected by this.
In our shop, the following payment methods are generally available to you:
Credit card, PayPal
You shall only be entitled to a right of set-off if your counterclaim is in a mutual relationship with our main claim, is not disputed by us or has been legally established.
You shall only be entitled to a right of retention if your counterclaim is based on the same contractual relationship.
6.Retention of title
We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claims to be secured by more than 10%.
7.Transport damages
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The sale of used items is made to the exclusion of any warranty.
The following applies to the sale of newly manufactured items: The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for the manufacturer's public statements or other advertising statements. If the delivered item is defective, we shall initially provide warranty at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The aforementioned restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- insofar as the scope of application of the Product Liability Act is opened up or
- within the scope of a guarantee promise, if agreed.
Customer service: +49 (0) 906 706 34 2800
9.Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.