§ 1 Scope of application
(1) These conditions of sale of FrischTuch, Abbas Köksal (hereinafter referred to as "FrischTuch") apply exclusively. We shall only recognise conditions of the purchaser (hereinafter referred to as "customer") that are contrary to or deviate from the conditions of sale if we expressly agree to their validity in writing.
(2) These terms and conditions of sale shall also apply to all future transactions with the customer, insofar as these are legal transactions of a related kind.
§ 2 Offer and conclusion of contract
(1) Orders are to be submitted to FrischTuch by the customer in writing or in text form. In individual cases FrischTuch can accept verbal orders. By submitting the offer, the customer confirms to FrischTuch that he is submitting it in the exercise of his commercial or independent professional activity.
(2) An order placed by the customer with FrischTuch is a binding offer. We can accept this offer within two weeks by means of an order confirmation or send the ordered goods within this period. Cancellation free of charge is not possible for individual printing orders.
(3)Placed orders may be cancelled in part or in whole only with the written consent of the
Agency. FrischTuch shall invoice services that have already been provided
within the scope of cancelled orders in full.
(4) Canceled services will be charged to the client with a lump sum of 30% of the
offer sum or the sum from the order confirmation
§ 3 Print data
(1) FrischTuch carries out the order on the basis of the print data, drafts or suggestions selected and supplied by the customer. The customer guarantees FrischTuch that he is entitled without restriction to freely use, transmit and apply all print data, drafts or proposals submitted to FrischTuch, including the customer's company name, his text proposals and word and picture trademarks, and that they are free from third-party rights. The customer shall indemnify FrischTuch and all third parties appearing on the pages of FrischTuch from all claims and other demands on first demand that are asserted or threatened against them due to or in connection with a possible breach of this guarantee.
(2) FrischTuch assumes no liability whatsoever for statements about products and/or services contained in the advertising. The customer bears responsibility for the legal admissibility of the advertising imprint. FrischTuch is not obliged to check whether legal regulations or the rights of third parties are violated by the advertising statements. However, FrischTuch reserves the right not to execute the order if the contents designed by the customer violate applicable law including the rights of third parties.
(3) Furthermore, the specifications of FrischTuch regarding technical usability must be observed for the print data supplied. The customer is liable for damage caused by viruses that have been transmitted to FrischTuch by the customer.
(4) Before the start of printing, the customer will receive a galley proof with a request to check the printing status, design, spelling, colour definition and motif. Checking or approval will be carried out immediately, at the latest within 10 working days.
(5) The customer must carefully check the design of the final motif when ordering. FrischTuch points out that the screen display may differ from the actual print results depending on the monitor settings. The same applies to printouts from laser or inkjet printers. The printing method used is flexographic printing (printing with flexible printing plates). Register differences of up to one millimetre as well as slight colour deviations are possible for printing reasons and do not justify a complaint. Furthermore, deviations in the specified colour shades may occur due to the hygienic packaging paper, which is expressed in colour changes or transparency.
(6) In the case of refreshing towels, we reserve the right to a quantity deviation of ± 10% for technical reasons.
§ 4 Terms of delivery
The delivery time is up to approx. 30 working days from the release of the galley proof. The agreement of other binding or non-binding delivery dates or periods requires express confirmation in writing.
§ 5 Prices and terms of payment
(1) Unless otherwise agreed in writing, our prices shall be ex works plus value added tax at the current rate. The business premises of FrischTuch are located at Dahler Heide 56, 33100 Paderborn
(2) Unless otherwise agreed in writing, all payment obligations of the customer are to be made free of charges and fees, without deductions, upon first order by advance payment, otherwise after invoicing within the agreed payment period. Unless otherwise agreed, all payments shall be made exclusively to the account named overleaf.
§ 6 Shipment and transfer of risk
(1) Unless otherwise agreed in writing, shipping costs shall be invoiced separately.
(2) The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse for the purpose of shipment. Dispatch route and means of dispatch are left to the choice of FrischTuch, unless expressly agreed otherwise.
§ 7 Retention of title
All deliveries are the exclusive property of FrischTuch until final and complete payment has been made. The customer assures FrischTuch that he will not use the deliveries or pass them on to third parties until payment has been effected in full.
§ 8 Notice of defects and warranty
The customer must check the goods immediately for bad and short deliveries and immediately assert these in writing against FrischTuch in accordance with § 377 HGB. In the event of justified complaints, FrischTuch will - at its own discretion - either repair or replace the goods. If the rectification of defects and new delivery fails after a reasonable period of time, the purchaser can withdraw from the contract or demand a reduction in price.
§ 9 Copyright
If FrischTuch has performed creative services, i.e. if FrischTuch has worked on its own drafts, layouts etc. and/or on a larger scale on the supplied print data in order processing, all rights remain with FrischTuch. FrischTuch may use the products it produces on its website and in sales documents and display them as references. Furthermore, FrischTuch reserves the right to offer surplus production for sale without consideration for printing.
§ Article 10 Secrecy
The customer is obliged to maintain confidentiality of the terms of the contract, in particular the prices.
§ Article 11 Miscellaneous
(1) This contract and the entire legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of performance and exclusive jurisdiction and for all disputes arising from this contract is Berlin.
(3) Changes and amendments to this contract must be made in writing. This also applies to changes to this written form clause. Oral collateral agreements have not been made.
(4) Should individual provisions of this contract be or become invalid or should this contract contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision or fills this gap.