General Terms of Conditions

1. Scope of application

1.1.These terms and conditions contain the terms and conditions applicable between the customer and us, for labels: Labelisten Inh. Frank Plechschmidt, Pfaffenreuth 60, 95615 Marktredwitz (VAT ID No. DE228553741), for flexible packaging: Labelisten GmbH & Co. KG, Pfaffenreuth 49, 95615 Marktredwitz (VAT ID No. DE327441955), shall apply exclusively, unless these are amended by written agreements between the customer and us. Deviating or conflicting terms and conditions shall not be recognized by us unless we have expressly agreed to them.

1.2.The customer shall be notified of any changes to these terms and conditions in writing, by fax or by e-mail. If the customer does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by the customer. The customer will be informed separately of the right of objection and the legal consequences of silence in the event of an amendment to the terms and conditions.

1.3.Our General Terms and Conditions only apply to entrepreneurs within the meaning of § 14 BGB (German Civil Code).

2. Registration as a user

2.1.Registration for our online ordering system is free of charge. There is no entitlement to admission to our ordering system. Only persons with unlimited legal capacity are entitled to participate. At our request, the customer must send us a copy of their identity card or state their VAT ID number and document any entries in the register. For registration, the customer fills out the registration form available on our website electronically and registers. The data required for registration must be provided completely and truthfully by the customer. When registering, the customer chooses a personal user name and password. The user name may not infringe the rights of third parties or other name and trademark rights or offend common decency. The customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances.

2.2.Apart from the declaration of agreement with the validity of these General Terms and Conditions, registration is not associated with any obligations. We can delete the account at the customer's request. Registration with us does not constitute any obligation to purchase the goods offered by us.

2.3.If the customer's personal details change, the customer is responsible for updating them. Changes must be communicated in writing by e-mail.

2.4.We reserve the right to refuse to create a customer account for customers who represent an opinion or belong to a group that pursues unlawful, xenophobic, violence-glorifying, radical or otherwise anti-constitutional goals or are not compatible with the general corporate principles of LABELISTEN.

2.5. We reserve the right to temporarily or permanently block or delete customers or their customer accounts that fall under the above paragraph or violate our General Terms and Conditions or our general corporate principles. The same applies to customer accounts that register an excessive number of obviously unjustified warranty claims in relation to the number of orders placed by the customer with us. The same applies to obvious errors in data entry when registering a customer account.

2.6. For technical reasons, it is not possible to delete the customer account independently. By sending an e-mail with the customer data to info@labelisten.com, we will delete the account.

3. Data protection

Further information on data protection can be found here in our separate privacy policy.

4. Conclusion of contract

4.1. Our offers are always non-binding, in particular with regard to quantity, price and delivery time.

4.2. Only the order by the customer is a binding offer according to § 145 BGB (German Civil Code), which can be accepted by us within one week.

4.3. The order shall only be deemed to have been accepted when we have sent an order confirmation by e-mail or when we have executed the order. If we do not confirm a contract concluded verbally or by telephone in writing, the invoice issued by us shall be deemed to be the confirmation.

4.4. In the case of orders for the account of third parties, irrespective of whether in our own name or in the name of a third party, the customer and the invoice recipient shall be deemed to be joint principals. A subsequent change of invoice to another invoice recipient at the request of the customer after invoicing has already taken place means the tacit assumption of debt by this invoice recipient. By placing such an order, the customer tacitly assures that the invoice recipient has agreed to this.

4.5. It is possible to order an individual sample in the original at favorable conditions. We are happy to send sample sets for a license fee.

5. Prices and terms of payment

5.1. All prices quoted are ex Marktredwitz and do not include the VAT applicable at the time of delivery.

5.2. Payment shall be made in advance or on account.

5.3. Our purchase price claims are due for payment without any deduction immediately upon receipt of the invoice, unless a different payment term has been agreed in writing. If the invoice amount is not settled within a maximum of 10 calendar days from the invoice date or on the agreed due date, we shall be entitled to charge interest on arrears at the proven rate, but at least 5% points above the base interest rate, without the need for a special reminder.

5.4. The customer shall only be entitled to offset, withhold or reduce payment if the counterclaims asserted by the customer have been legally established or expressly recognized by us.

6. Retention of title

6.1. The goods remain our property until full payment has been made. If the customer is more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.

6.2. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, the customer hereby assigns to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, the customer shall remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that the customer meets his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no suspension of payments.

6.3.If the above securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion at the customer's request.

6.4. In the event of access by third parties to our reserved goods or the receivables assigned to us, the customer is obliged to point out our ownership/our right and to notify us immediately. The customer shall bear the costs of any intervention.

6.5. In the event of conduct in breach of contract, in particular default in payment, the customer shall be obliged to surrender the reserved goods still in the customer's possession at our first request and to assign to us any existing claims for restitution against third parties in respect of the reserved goods. The taking back or seizure of reserved goods by us shall not constitute a withdrawal from the contract.

7. Terms of delivery, delivery time, force majeure

7.1. Unless otherwise agreed, we shall determine the appropriate mode of shipment and the transportation company at our reasonable discretion. The risk shall pass to the forwarding agent, carrier or other third party appointed to carry out the shipment at the latest when the delivery item is handed over.

7.2. The period relevant for determining the delivery time refers to working days (Monday - Friday, with the exception of public holidays in Bavaria) and, when ordering products, begins one day after receipt of printable data or print approval within the respective deadline and full payment of the goods (including VAT); in the case of prepayment, the date of receipt of payment on the account of Labelisten Inh. Frank Plechschmidt or Labelisten GmbH & Co. KG is decisive.

7.3. Please refer to the shopping cart or our binding order confirmation for the amount of the shipping and packaging costs incurred (also for express deliveries) for domestic and international deliveries. For deliveries of goods outside the European Union (e.g. to Switzerland), import duties (customs duties) and other costs may also be incurred; these are to be borne by the customer. As soon as the goods leave our shipping department, the customer will receive an invoice e-mail containing the tracking information for the respective shipment.

7.4.We shall not be liable for impossibility of delivery or for delays in delivery if these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to us.

7.5. For technical production reasons, normal orders (not express) may arrive earlier than planned. However, this cannot be assumed as standard.

8. Execution of the order, approval by the client

8.1. The data must be supplied by the customer in the file formats and print data specified by us. We cannot guarantee error-free performance for deviating file formats unless this format has been expressly approved by us in writing. The customer is fully liable for the correctness of this data, even if there are data transmission or data carrier errors, if and insofar as we are not responsible for these. The customer can find the necessary details on the printing process, delivery of the data and further processing under FAQ at www.labelisten.de.

8.2. Deliveries of any kind by the customer or a third party commissioned by the customer, in particular data carriers or transferred data, are not subject to any obligation to check on our part. However, this shall only apply if and insofar as the data is not obviously unprocessable or unreadable. The customer is solely responsible for data backup. We are entitled to make copies of the data and to archive them in our system.

9. Subsequent changes, preparatory work

9.1. Changes to delivered or transferred data and similar preparatory work initiated by the customer shall be invoiced separately.

9.2. We are entitled, but not obliged, to carry out necessary preparatory work, in particular on the data supplied or transferred by the customer, without consulting the customer, if this is in the customer's economic interest or contributes to meeting the completion date of the order. If the customer's data does not correspond to our specifications and errors occur in the end product as a result of a corresponding adaptation of the print data, these shall not be at our expense. The customer expressly declares that this work is carried out at his own risk. Complaints are therefore excluded. Such work will be invoiced according to the time required.

10. Production-specific features and complaints

10.1. In all manufacturing processes, minor deviations from other orders or individual pieces cannot be objected to. This applies in particular to - minor color deviations between two or more orders, - minor color deviations from a previous order, - minor color deviations between individual sheets within an order, - minor cutting tolerances (= deviations from the final format) - slight offset (up to 0.5 mm) of the hot foil stamping to the print motif. - The same applies for technical reasons to the comparison between other templates (e.g. proofs, proof and test printouts and printout data), even if they were created by us, and the end product.

10.2. Excess deliveries of up to 10% or short deliveries of up to 5% of the ordered print run/quantity cannot be ruled out for production reasons and cannot be objected to by the customer in this respect. Within the scope of the aforementioned conditions, the customer shall be invoiced for the quantity actually delivered.

10.3. We shall only be liable for deviations in the quality of the material used up to the amount of the order value.

11. Advice

11.1. The omission of statements does not constitute advice. Advice is only given on express request.

11.2. Advice shall only extend to the properties of our products. We cannot influence or advise on the use and purpose of the customer or its suppliers.

11.3. Consulting services are based exclusively on empirical values from our company and include the state of the art in science and technology only without obligation. Information in technical documents does not exempt the customer from carrying out his own tests.

12. Liability for material defects and defects of title

12.1. The customer must check the conformity of the goods with the contract without delay in all cases. The risk of any defects shall be transferred to the customer with the declaration of readiness for printing/declaration of readiness for production, unless these are defects that only arose or could only be recognized in the production process following the declaration of readiness for printing/declaration of readiness for production. The same applies to all other declarations of release by the customer.

12.2. The delivered goods must be carefully inspected by the customer immediately after delivery to the customer or a third party designated by the customer. The delivered goods shall be deemed to have been approved if we have not received a complaint in writing, including by fax or e-mail, within five working days (Monday to Friday) of delivery of the delivery item or otherwise within five working days of discovery of the defect or any earlier point in time at which the defect was recognizable to the customer during normal use of the delivery item without closer inspection, with regard to obvious defects or other defects that would have been recognizable during an immediate careful inspection.

12.3. In addition to 12.2, pouches must be subjected to an additional incoming goods inspection in the form of a drop test. This involves the customer filling the pouch with the exact quantity of the product to be filled, sealing it and dropping it from a height of 90 cm. The test result must be verifiably documented by the customer (e.g. by video). We must be notified of any defects before the bags are filled or further processed. If no inspection is carried out by the customer before filling, we accept no liability for defective products and reject any complaints.

12.4. The obligation to inspect and give notice of defects also applies to preliminary and intermediate products sent for correction.

12.5. If the delivered goods have a material defect, the customer may first demand that we rectify the defect or deliver defect-free goods. As the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item (the prerequisite for our liability is that the defect is not insignificant). If one or both types of subsequent performance are impossible or disproportionate, we are entitled to refuse them. We can refuse subsequent performance as long as the customer does not fulfill his payment obligations to us to an extent that corresponds to the defect-free part of the service.

12.6. At our request, the rejected delivery item must be returned to us carriage paid. Goods returned freight collect will not be accepted.

12.7. We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel (cheapest shipping route), labor and material costs; costs shall not be borne to the extent that additional costs are incurred due to the shipment of the item to a place other than the place of performance.

12.8. If subsequent performance in accordance with paragraph 6 fails or is unreasonable for the customer or if we refuse subsequent performance, the customer is entitled to withdraw from the contract, reduce the purchase price or demand compensation for damages or reimbursement of his futile expenses in accordance with the applicable law.

12.9. The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.

12.10. None of the above clauses is intended to change the statutory or judicial allocation of the burden of proof.

13. Notification of transport damage

13.1. The customer must notify the carrier of any loss of or damage to the goods in accordance with § 438 of the German Commercial Code (HGB). In the case of externally recognizable damage or shortages, this must be done at the latest upon delivery, otherwise (hidden defects) within seven days of delivery. The notification must identify the damage sufficiently clearly.

14. Industrial property rights

14.1. If we have to provide our services in accordance with drawings, illustrations, samples or other specifications of the customer, the customer shall be responsible for ensuring that the industrial property rights of third parties are not infringed.

14.2. The customer shall indemnify us against any claims by third parties due to the infringement of industrial property rights and shall compensate us for all damages incurred in this respect, including our costs and expenses.

14.3. If we are prohibited from manufacturing or delivering by a third party with reference to an industrial property right, we shall be entitled to cease work or delivery without reviewing the factual and legal situation.

15. Limitation of liability

15.1. We shall only be liable for intentional and grossly negligent breaches of duty. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer regularly relies. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract, but for a maximum amount of three times the order value. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

15.2. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online ordering system.

16. Applicable law, place of jurisdiction

16.1. The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.

16.2. For all disputes arising from and/or in connection with this contract, the courts with local jurisdiction for Marktredwitz shall have jurisdiction.

17. Final provisions

17.1. Amendments or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.

17.2. Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.