TIME/LESS Prints, owner L. Mehlem
All offers, deliveries and other services for the domain timeless-prints.de, as well as all printing services by L. Mehlem - also in the future - are exclusively based on these general terms and conditions. Counter-confirmations by the customer with reference to their terms and conditions of business or purchase are hereby contradicted. Deviating terms and conditions of the customer can only become part of the contract if they have been expressly recognized in writing by L. Mehlem.
Subject of the contract
The following conditions are the basis for all services provided by L. Mehlem, in particular for textile finishing and all printing services.
scope of performance
The written order confirmation from L. Mehlem is decisive for the scope of the service or – in the case of an offer by L. Mehlem and its timely acceptance – our offer. Subsidiary agreements and changes require the express written confirmation of L. Mehlem. If L. Mehlem recognizes circumstances in the course of a project that could jeopardize the success of the project, the customer must be informed immediately. L. Mehlem is entitled to call in third parties as vicarious agents. Overproduction or underproduction may occur during production. The order is also considered fulfilled if this deviating production is in the range of + or - 10%. A corresponding claim or credit to the customer must be accepted and settled.
The prices include the statutory VAT of 19% plus packaging and shipping.
Price increases and additional services must be communicated to the customer immediately and require his approval in order to be able to carry out the order properly. If the customer does not agree, L. Mehlem can revoke the offer/order. All additional costs that arise due to the fault of the customer are also to be borne by the customer. L. Mehlem is entitled to charge additional expenses. All products/services remain the property of L. Mehlem until they have been paid for by the customer.
Customer's duty to cooperate
The customer has the obligation to cooperate in the fulfillment of the order and to make the relevant materials available. If, for example, print templates have to be reworked, L. Mehlem is no longer responsible for the timely completion of the order.
Changes in the service to be provided
All changes to the order must be recognized and agreed on by both parties.
Delivery or service period, acceptance, default of acceptance
If a delivery or service period has been agreed, this begins on the date of the order confirmation by L. Mehlem, but not before the documents and approvals to be provided by the customer have been provided and the details of the desired version to be specified by the customer have been completely clarified. The delivery or service period is extended - even within a delay - appropriately in the event of force majeure and all unforeseeable obstacles that occur after the conclusion of the contract for which L. Mehlem is not responsible, as soon as such obstacles can be proven to have an influence on the provision of the service owed are. This also applies if these circumstances occur at sub-suppliers. L. Mehlem will inform the customer of the beginning and end of such hindrances as soon as possible. If the hindrance lasts longer than three months or it is certain that it will last longer than three months, both the customer and L. Mehlem can withdraw from the contract. If the customer is in arrears with the acceptance of the service or payment due to circumstances for which he is responsible, L. Mehlem can withdraw from the contract or demand compensation for non-performance after a reminder and the fruitless expiry of a reasonable grace period set by L. Mehlem.
Delivery, Dispatch and Passing of Risk
L. Mehlem chooses a shipping company of his choice. Shipping costs are to be borne by the customer. If the customer is in default of acceptance, the order is still deemed to have been fulfilled. Parcels and goods are to be checked upon receipt and defects reported to L. Mehlem immediately
Ownership and usage rights, self-promotion
L. Mehlem is entitled to display the ordered goods on its own website for advertising and promotional purposes. Furthermore, a print sample may be created, which serves as a non-saleable sample.
L. Mehlem and the customer are obliged to keep trade and business secrets as well as other confidential matters of the other party worthy of protection that are entrusted or known from or in connection with the fulfillment of the order secret and not for their own or third-party purposes, but only for legitimate task performance. The parties will also impose a corresponding obligation on their employees they use in the project and other third parties involved in the project.
The customer must report defects of any kind – with the exception of hidden defects – in writing immediately after delivery, insofar as this is feasible in the ordinary course of business; otherwise the service is considered approved. Hidden defects must be reported in writing immediately after discovery; otherwise the goods shall be deemed to have been approved, even in view of these defects.
The limitation period for warranty claims is one year. This period also applies to claims for compensation for consequential damages, insofar as no claims from tort or product liability claims are asserted. As a guarantee, the customer can initially only demand rectification. However, L. Mehlem can choose to deliver a replacement instead of repairing the item. If L. Mehlem is not willing or not able to rectify the defect/replacement, in particular if the rectification/replacement is delayed beyond reasonable periods for reasons for which L. Mehlem is responsible or if the rectification/replacement fails in any other way, the customer is entitled to choose whether to cancel the contract (withdrawal) or reduce the price (reduction) if further attempts at improvement are unreasonable for him. In the case of defects in repaired parts or items delivered as replacements, the limitation period for warranty claims is one year. As long as the repair/replacement has not finally failed, the customer cannot demand a reduction in the wages or cancellation of the contract. As long as L. Mehlem is not in default with the rectification and this has not finally failed, the customer is not entitled to have defects remedied by third parties. The customer shall provide L. Mehlem with documents and information to a reasonable extent upon request, which enable L. Mehlem to assess and remedy the defect. The customer's employees will provide L. Mehlem with comprehensive information for the purpose of identifying and remedying the defect. There is no warranty obligation for defects for which the customer is responsible or for defects that are based on faulty data transmission. Furthermore, L. Mehlem is not liable for the permissibility of the services rendered in terms of competition, copyright, trademark and/or design law. However, L. Mehlem will inform the customer of any legal concerns that L. Mehlem can identify. Furthermore, L. Mehlem is not liable for copyright, trademark and/or design protection or registration. Complaints regarding the artistic design are excluded.
Otherwise, L. Mehlem is liable for damages due to defective performance in accordance with the statutory provisions in cases of intent and gross negligence. L. Mehlem is also liable if the customer claims damages for non-performance due to the lack of an agreed quality. If L. Mehlem violates a cardinal obligation or an essential contractual obligation through simple negligence, L. Mehlem's obligation to pay compensation is limited to the foreseeable damage that is typical for the contract. Furthermore, further claims of the customer due to defective performance - for whatever legal reason - are excluded, so that L. Mehlem is not liable for lost profits or other financial losses of the customer.
(1) L. Mehlem is liable in accordance with the provisions of the Product Liability Act and in cases of inability and impossibility for which it is responsible. In all other cases of liability, the limitation of liability or the exclusion of liability of § 13 paragraph 8 applies accordingly, in particular in the case of claims due to culpa in contrahendo, breach of secondary obligations (in particular incorrect or omitted advice or breach of protection obligations), delay in delivery and performance as well as unauthorized Action whereby the delay in delivery and performance constitutes a violation of a contractual obligation within the meaning of Section 13 (8). Insofar as the above disclaimer or limitation of liability relates to any claims arising from the legal basis of culpability when the contract was concluded, the parties agree that the disclaimer or limitation of liability includes a waiver or partial waiver. The Internet is an open and thus vulnerable system. Compensation claims for damage caused by the failure of an Internet server, sabotage or program errors cannot be asserted. Due to a variety of factors that are beyond L. Mehlem's control, 100 percent availability of the server cannot be guaranteed. L. Mehlem cannot be held liable for data loss that is not due to intentional or grossly negligent behavior on the part of L. Mehlem. The customer is responsible for backing up data. L. Mehlem assumes no liability for damage caused to data transferred to the server. L. Mehlem assumes no liability for deviations in the presentation of the web design with different Internet browsers and browser versions on unknown computer systems and computer configurations. Insofar as the liability of L. Mehlem is excluded or limited on the basis of the above provisions (also in accordance with Section 13, Paragraph 7), this also applies to the personal liability of all employees, representatives and vicarious agents of L. Mehlem. If the customer intervenes in the works delivered without the written consent of L. Mehlem, the liability of L. Mehlem for the resulting damage shall lapse. Claims for damages on the part of L. Mehlem remain reserved.
The statute of limitations for the customer's claims against L. Mehlem is based on Section 13, Paragraph 2, insofar as claims from tort or the Product Liability Act are not involved.
retention of title and other safeguards
L. Mehlem retains ownership of the delivered items until all - including future - claims, including all ancillary claims from the business relationship with the customer, have been settled in full. If there is a current account agreement with the customer, the retention of title exists until the recognized balance has been settled in full. If a check or bill of exchange is accepted, fulfillment only occurs when the check or bill of exchange has been cashed and L. Mehlem can dispose of the amount without risk of recourse. In the event of a delay in payment or if the customer violates other essential contractual obligations, L. Mehlem is entitled to temporarily take back the reserved goods. Exercising the right of withdrawal does not constitute a withdrawal from the contract. If the realizable value of the securities granted by L. Mehlem in accordance with the aforementioned provisions exceeds their claims against the customer by more than 10%, not only temporarily, L. Mehlem will raise securities of its own choice Approve the customer's request. The aforementioned coverage limit of 110% is increased by this sales tax amount if L. Mehlem is charged sales tax when realizing the security good, which arises from a sales taxable delivery by the customer to L. Mehlem.
Insofar as contract law is applicable to the contract, it can be revoked or terminated by either party at any time. If the customer cancels, he has to pay in full for the services provided by L. Mehlem up to that point. If the termination is not timely, the damage beyond this must also be compensated. As far as work contract law applies, the contract can be terminated by both parties in the cases expressly provided for by law or if there are important reasons. If the customer gives notice before the work is completed, he must indemnify L. Mehlem in full. Complete indemnification in accordance with paragraph 2 consists in the resigning customer paying in full for the work already performed by L. Mehlem and accepting a lump sum of 30% of the work not yet performed as compensation. L. Mehlem is free to prove greater damage. Any termination must be in writing.
The customer authorizes L. Mehlem, waiving notification, to process personal data within the scope of the admissibility of the Federal Data Protection Act, insofar as this is necessary for the implementation of the contractual relationship. L. Mehlem saves all data required for order processing in electronic files. A transmission of this electronic data to third parties does not require the consent of the customer, insofar as it is required for the marketing of further campaigns. Additions, changes or ancillary agreements to these conditions must be made in writing in order to be effective. This also applies to the lifting of the writing requirement. Should individual provisions of these general terms and conditions be ineffective or void, the void provision is to be replaced by a provision to be agreed between the parties with the content that comes closest to the invalid or void provision. The same applies to incomplete regulations. Unless otherwise agreed, the place of performance is Cologne.