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T&Cs - Business Customers

§ 1 Scope

(1) These Terms and Conditions contain the only conditions applicable between you (Client) and us, the company Flaschenflagge GmbH & Co. KG (Contractor), unless the Parties change them by written agreement.
(2) The Contractor does not recognise differing or conflicting conditions unless it expressly agrees to them. This also applies if the Contractor does not expressly object to the applicability of the Client's T&Cs.
(3) Individual contract agreements between the Parties must be recorded in writing to be valid. Agreements by email or fax meet the written form requirement within the meaning of this paragraph.
(4) If individual conditions change during an order, these changes will be reported to the Client in written form, by email or by fax. If the Client does not object within four weeks of receipt of the notification, the Client will be considered to have recognised the changes. The Client will be advised of the right of objection and the legal consequences of silence once more in case of amendment of the Terms and Conditions.
(5) If the Terms and Conditions change between two orders, the newer Terms and Conditions shall apply. The Client must inform itself independently of the currentness of the Terms and Conditions before every order.

§ 2 Conclusion of contract

(1) A legally binding contract is only concluded after the Contractor has confirmed the Client's order in writing, by telex, or by email.
(2) Only the agreements made under paragraph 1 and these Terms and Conditions apply to the legal relationships between the Client and the Contractor.
(3) Verbal assurances by the Contractor are not legally binding.
(4) If delivery to third parties is agreed upon, the orderer and the invoice recipient will jointly be considered the Client. In this case, the orderer assures that it is authorised to place the order for the third party.
(5) The Contractor retains the sole title and copyright to the drawings, images, and moulds provided for the individual design. The Client is not permitted to use, store, reproduce, or trade with these drawings, images, and moulds beyond the purpose of the contract. At the Contractor's request, the Client agrees to delete or otherwise make unusable the drawings, images, and moulds provided by the Contractor if they are no longer needed for normal operations.
(6) The language of the contract is German.

§ 3 Responsibility for the contents of the printed material

(1) The Client is solely responsible for the legality of the contents of the printed material. The Contractor does not carry out any review in this respect.
(2) The Client expressly declares that it is not abusing the Contractor's services in order to distribute content that violates statutes or laws.

§ 4 Prices

(1) The Contractor is bound to the stated prices for 30 days unless expressly stated otherwise. The price listed in the order confirmation is always definitive for the individual order in its specific scope and its nature and execution.
(2) If the Client wishes to make changes of any kind to his order, the Contractor will charge the Client an amendment fee of 10.00 € plus VAT. Such a change can only become part of the contract if it can still be included in running production. There is, however, no entitlement to a change of order.
(3) Changes in delivered or transmitted data that are initiated by the Client will be billed separately.
(4) If the Client chooses direct debit as its payment method and the direct debit cannot be carried out due to insufficient balance on the Client's account, the Contractor reserves the right to invoice the Client additionally for the chargeback fees the credit institution levies.

§ 5 Production run

(1) The Client will adhere strictly to the data specifications and guidelines provided by the Contractor.
(2) To ensure a smooth production run, the Client must transmit the print data in a PDF document.
(3) Production errors caused by a failure to adhere to the Contractor's specifications will be borne entirely by the Client. The Contractor only commits itself to production of the print data transmitted by the Client.
(4) If the Client does not adhere to the Contractor's design standards, the Client incurs a full payment obligation. It is irrelevant whether the Client can still use the product for its originally intended purpose.
(5) The Contractor has no obligation to review the printability of the transmitted print data. This does not apply to print data that obviously cannot be printed or processed.
(6) The Client must ensure secure data transmission at all times and take all necessary precautions to keep the transmission free of computer viruses and similar harmful influences.

§ 6 Recurring services

Recurring services (also called "periodic work") require 3 months' notice for termination at the end of a given month.

§ 7 Delivery

(1) Delivery dates or deadlines - which may be agreed upon with binding or non-binding effect - must be in written form.
(2) The Contractor is not liable for delays or failures in delivery caused by force majeure or by circumstances the Contractor could not have foreseen at the time of conclusion of contract, as long as the Contractor is not responsible for these circumstances. If the purpose of the contract has become obsolete in the meantime, the Client is entitled to withdraw.
(3) Delivery is only possible within Germany. Deliveries outside Germany require an individual written agreement and may be subject to special delivery conditions (higher shipping costs, export duties, etc.).

§ 8 Transfer of risk, shipping

(1) The risk of accidental destruction of the product is transferred to the Client when the article is handed over to the shipper. The defining time is the beginning of the loading process.
(2) If the Client has made a change (§ 3 paragraph 2) that causes shipping to be delayed, the risk will be transferred at the time when the Contractor notifies the Client of readiness to ship.
(3) The Client will pay storage costs starting at the time of transfer of risk. If the Contractor provides storage, the storage costs will be 1% of the invoice amount of the objects to be stored per completed week. The right to claim and demonstrate higher or lower costs remains reserved.
(4) Shipping will be on the Client's account.
(5) Shipping will be to the delivery address supplied by the Client. A subsequent change requires the Contractor's written agreement and triggers the consequences in § 3 paragraph 2.
(6) Shipping is only possible within Germany.
(7) If the Client desires shipping abroad, this requires an individual agreement between the Contractor and the Client concerning shipping costs, customs, etc. The Client will pay additional costs incurred due to delivery abroad.

§ 9 Warranty

(1) The warranty period is one year from delivery.
(2) Minor deviations may arise during production that cannot be claimed under the warranty. These particularly include:
(a) minor differences in colour between the current and a previous order
(b) minor differences in colour between multiple orders
(c) minor punch tolerances
(3) The Client is obligated to inspect the delivery for damages or other defects immediately. When it comes to apparent defects and defects that were discoverable through an immediate and careful inspection, the article is considered approved if the defects are not reported within seven business days of delivery. In all other cases, the delivered article is considered approved if defects are not reported to the Contractor within seven business days of discovery or of the time when the Client could have discovered the defect through normal use of the article. A notice of defects must be in written form or by email or fax.
(4) The warranty does not apply if the Client did not have product samples sent placing the order to check whether they fit correctly for the object being applied.
(5) If the Contractor sent the Client product samples in advance, the Client may not claim warranty rights if the later end product differs from the sample due to ongoing product development, but is still suitable for typical use. The Contractor must prove that it is suitable; in such a case, the Client agrees to provide the Contractor with a sample of the object being applied.
(6) Defects in part of the delivery do not entitle the Client to object to the entire delivery, unless the partial delivery holds no interest for the Client.
(7) All printer's copies sent to the Contractor will be treated with care. The Contractor only accepts liability for damage or loss up to the value of the materials. Other claims of any kind are excluded.
(8) All limitations of liability do not apply in cases of gross negligence or intentional action by the Contractor or of harm to life, body, or health or under the Produkthaftungsgesetz (Product Liability Act).
(9) Any liability of the Contractor for deterioration caused by normal use of the article is excluded.
(10) Only the Client is entitled to the warranty rights. These rights cannot be transferred.

§ 10 Retention of title

(1) The article remains the property of the Contractor until full payment.
(2) The Client is entitled to re-sell the article subject to retention of title in the normal course of business. In this case, the Client assigns all claims from such re-sale to the Contractor up to the amount of the invoice value of the Contractor's claim.
(3) Pledging or assigning the article as a security is not permitted.
(4) Regardless of the Contractor's power to collect the receivable itself, the Client remains empowered to collect the receivable even after assignment. In this situation, the Contractor agrees not to collect the receivable as long and insofar as the Client fulfils its payment obligations, no petition to open insolvency or similar proceedings is filed, and payments do not stop. If the securities mentioned above exceed the claim being secured by more than 50%, the Contractor must release the securities of its choice at the Client's request.

§ 11 Payment and invoicing

(1) Payment is by direct debit, cash in advance, or PayPal.
(2) The Contractor expressly reserves the right to refuse cheques or bills of exchange.
(3) A payment is only considered executed when the Contractor can dispose of the paid amount.
(4) A reasonable advance payment or security through guarantee can be requested for all orders.
(5) If fulfilment of payment obligations is endangered because of a serious deterioration in the asset situation or credit-worthiness of the Client that becomes known after the conclusion of contract, the Contractor is entitled to require payments in advance, withhold the article, and cease further work. The Contractor is also entitled to these rights if the Client is in arrears of payment for deliveries made based on the same contractual relationship.
(6) The Client is only entitled to set-off, retention, or reduction, even if notices of defects or counter-claims are made, if the counter-claims have been found valid in a final judgement or are uncontested. The Client is, however, also entitled to retention for counter-claims from the same contractual relationship.
(7) The Client accepts electronic transmission of the invoice.
(8) The Client may query any errors in the invoice in writing within six weeks of delivery. The Contractor also has the right to correct erroneous invoices within six weeks. The invoice cannot be changed after the six weeks after delivery have passed unless it must be corrected as a matter of law.

§ 12 Intellectual property rights and copyrights

The Client is solely liable of the execution of the order violates the rights of third parties, especially copyrights, trademark rights, or patent rights and the like. The Client declares that it holds all copying and reproduction rights to the submitted documents. The Client indemnifies the Contractor against all third party claims due to infringements in this respect.

§ 13 Confidentiality

Unless expressly agreed otherwise in writing, the information disclosed to the Contractor in connection with orders will not be considered confidential.

§ 14 Data and documents

(1) The data the Contractor receives during the business transaction will only be used for editing within the Contractor's company.
(2) All objects brought in or sent by the Client, especially templates, data, and data carriers, will only be archived beyond the time of handover of the end product if there is a written agreement and in return for separate compensation. If such objects need to be insured, the Client must arrange this himself in the absence of an agreement. The Contractor is not liable for damage or loss for any reason whatsoever. This does not apply to cases of gross negligence or intentional action.
(3) Important notice:
The Client acknowledges that the Contractor stores data from the contractual relationship for data processing purposes under § 28 Bundesdatenschutzgesetz (Federal Data Protection Act) and reserves the right to transmit the data to third parties (e.g. parcel services, insurance companies) if necessary to perform the contract.

§ 15 Cancellation right

Clients who are business customers within the meaning of § 14 Bürgerliches Gesetzbuch (BGB, German Civil Code) and act in their commercial or self-employed capacity in concluding the contract do not have a cancellation right.

§ 16 Final clauses

(1) The laws of the Federal Republic of Germany govern the relationships between the provider and the customer. Excepted from this choice of law are the mandatory consumer protection regulations of the country in which the customer has their habitual place of residence. The UN CISG does not apply.
(2) If the Client is a trader, a corporate body under public law, or a special fund under public law, the place of jurisdiction for any disputes in the business relationship between the Contractor and the Client will be either the Contractor's main office or the Client's main office, as the Contractor chooses. For suits against the Contractor, the Contractor's main office is the sole place of jurisdiction. Compulsory legal regulations concerning exclusive places of jurisdiction remain unaffected by this provision.
(3) If the contract or these Terms and Conditions have gaps, these gaps will be filled by a legally valid provision that the contract partners would have agreed upon according to the economic goals of the contract and the purpose of these Terms and Conditions if they had recognised the contract gap.
(4) If a provision of these Terms and Conditions or a provision of other agreements is or becomes invalid, the validity of the other provisions or agreements will not be affected.
(5) The aforementioned provisions of § 19 paragraph 2 apply even if the Client is a business customer but not a trader, corporate body under public law, or special fund under public law.

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