Terms and conditions
General Terms and Conditions
§ 1 Scope
(1) The present General Terms and Conditions are part and parcel of every contract between the WebprintIT AG (in the following referred to as DevilPrint.com) and the Customer (in the following referred to as Customer) as well as their legal successors.
(2) Devilprint.com effects services, performances and deliveries exclusively on the basis of these General Terms and Conditions.
(3) Regulations which deviate from these General Terms and Conditions, in particular General Terms and Conditions of the Customer, are part and parcel of the contract and effective only when authorized by DevilPrint.com in writing.
(4) Additional agreements made by word of mouth by employees of DevilPrint.com are valid only when authorized by DevilPrint.com in writing.
§ 2 Contract / contract services
(1) The presentation of the services, in particular brochures, advertisements and on the internet, is a non-binding offer of DevilPrint.com.
(2) A contract materializes only after the confirmation in writing of the order by DevilPrint.com or with the beginning of the execution of the contract by DevilPrint.com. Additional agreements, modifications and addenda are valid only when authorized by DevilPrint.com in writing.
(3) DevilPrint.com reserves the right to reject orders of a Custumer in the individual case. Orders of Customers can be rejected in particular, if the Customer furnishes documents, contents or materials which infringe valid British Law.
§ 3 Obligations of the Customer
(1) The processing of the furnished data and picture products of the Customer is effected within a technically automated procedure without the manual preliminary examination and correction through DevilPrint.com. The Customer confirms by uploading files that he has the right to disperse and to duplicate the contents and materials of that file.
(2) The Customer guarantees that the contents and materials of a sent file do not infringe valid German Law.
(3) The Customer guarantees in particular,
a) that no illegal documents, materials and contents which glorify violence, are demagogue or racist, no propaganda material, emblems of anticonstitutional parties or their alternative organizations or instructions on how to commit a crime, pornographic documents, materials or contents concerning the sexual abuse of children or sexual actions with animals and no discriminating statements or pictures concerning race, sex, religion, nationality, handicaps, sexual preference or age will be sent to DevilPrint.com;
b) that no laws relative to the protection of children and young persons will be violated. This applies in particular for the legal regulations of §§ 184 ff. German Penal Code (StGB) (dissemination of pornography), 185 ff. German Penal Code (StGB) (insult, slander, libel) as well as for the provisions of the Interstate Treaty for the Protection of Minors from Unsuitable Media Content;
c) that the documents (in particular picture and text files), contents and materials which are sent to DevilPrint.com, do not infringe copyrights, trademark rights or other protective rights of third persons.
§ 4 Delivery, delivery time
(1) Unless otherwise specified in writing, the delivery is effected from the warehouse of DevilPrint.com.
(2) DevilPrint.com is entitled to make partial deliveries which are considered as independent deliveries; except a partial delivery is not acceptable for the Customer as an exception. Additional costs due to this circumstance will not be billed to the Customer.
(3) DevilPrint.com tries to observe the indicated terms. In case DevilPrint.com falls into arrears, the purchaser is entitled to withdraw from the contract according to the following provisions.
(4) The period of grace, which DevilPrint.com is legally entitled to, is fixed at two weeks. The period of grace begins when DevilPrint.com receives the determination of the period of grace of the Customer. The above mentioned shall not apply, if a period of grace is not acceptable for the Customer. This is in particular the case, if it is a transaction for delivery of a fixed date or if the Customer's interest in a period of grace is omitted for compelling, legitimate reasons.
(5) In case of delivery disruptions which are not within the sphere of influence of DevilPrint.com (in particular force majeur) and which are not caused by negligence of DevilPrint.com, DevilPrint.com is entitled to withdraw from the contract without becoming liable for damages, unless the frustration of contract is of a temporary nature. DevilPrint.com does not fall into arrears during the time of the obstacle. The already paid purchase price shall be returned in case of a withdrawal.
(6) DevilPrint.com effects orders and services only if there are no arrears of payment from other contracts. Payments will be first of all set off against unsettled claims, interests and costs in the chronological order of the respective time for payment.
§ 5 Conditions of payment
(1) The purchase price falls immediately due with the conclusion of the contract and is debited in advance.
(2) All prices are retail prices including the legal turnover tax.
(3) If a consumer (according to § 13 of the German Civil Code (BGB)) fails to pay in due time, DevilPrint.com shall be entitled to charge default interest at 5 % above the basic interest rate. If the Customer is a merchant (according to § 14 of the German Civil Code (BGB)), § 5 par. 3 p. 1 shall apply and the default interest shall be at 8 % above the basic interest rate.
(4) Regardless of § 5 par. 3 DevilPrint.com reserves the right to prove a higher damage caused by delay as well as other damages.
(5) The Customer shall be entitled to offsetting only if his counterclaims have been legally established and found indisputable. The Customer as merchant shall have the right of retention only insofar as the counterclaims are based on the same contractual relationship.
(6) In case the Customer does not fulfill his payment obligations, in particular in case of finalizing a reversed transaction or a suspension of payments, or in case justified douts about the creditworthy of the Customer become apparent, DevilPrint.com is entitled to require the immediate payment of all items.
(7) Devilprint reserves the right to require an adequate handling sum, which is to be determined for the individual case, for bank debits resulting from a direct debiting or credit card reversed tansaction, except the Customer is not responsible for the direct debiting or credit card reversed tansaction.
(8) The Customer shall bear all shipping costs, in particular packaging, transport costs, transport insurance and delivery costs. All prices and additional costs are calculated according to the price lists which are used by DevilPrint.com at the time of the provision and dispatch.
(9) If additional shipping costs arise to DevilPrint.com due to a falsly indicated delivery address or wrong address data, the Customer has to compensate those costs, except he is not responsible for the false indication.
§ 6 Retention of title
(1) All deliveries shall take place with reservation of title up to the complete payment of all the claims, including balance and additional claims, to which DevilPrint.com is entitled against the Customer at the present and in the future, irrespective of any legal ground.
(2) The Customer as a merchant is entitled to sell on the reserved goods in the ordinary course of business activities; as long as the goods are subject to the rights of retention, the Customer is not entitled to mortgage the goods or pledge them as security as a whole or in parts, unless DevilPrint.com has agreed to it in writing. If the Customer as a merchant resells the reserved goods on credit, he is obliged to assure the rights of DevilPrint.com from his retention of title. All claims of the Customer arising from the resale of the reserved goods shall hereby be fully assigned to Devilprint.com until the payment in full of all claims of the Customer. DevilPrint.com accepts this transfer of claims. If the Customer includes the claim arising from a resale of the reserved goods in a current account relationship with his purchaser, he hereby assigns the current account claim against his purchaser in full to DevilPrint.com. DevilPrint.com accepts this transfer of claims, too. The balance recognized replaces the current account claim in each case following the balancing. The balance recognized is considered to have been assigned up to the amount of the original current account claim.
(3) If the combined value of the security interests, which DevilPrint.com is entitled to according to § 6 par. 2, exceeds the value of all secured claims by more than 20 %, DevilPrint.com shall release a corresponding part of the security interests if so requested by the Customer.
(4) The Customer shall inform DevilPrint.com forthwith of any seizure of the reserved goods and furnish copies of the writ of attachment. He shall furthermore do everything possible to prevent the seizure.
(5) § 6 paragraphs 2 to 4 apply for merchants only.
(6) If the Customer fails to pay the purchase price in due time, DevilPrint.com is entitled to take possession of the reserved goods after a warning and an adequate corresponding period of grace. Enforcement of rights of retention or pledging the the goods by DevilPrint.com are not considered as a withdrawal from the contract, unless other regulations prescribed by law, in particular by the Consumer Credit Act, impede.
§ 7 Warranty / transfer of risk
(1) Particulars, drawings, illustrations, technical data, weight, measurements and performance descriptions which are included in brochures, catalogues, circulars, advertisements or price lists are of an informative character. DevilPrint.com accepts no responsibility for the correctness of this data. Concerning the nature and scale of the delivery, the data contained in the order and confirmation of the order is valid only.
(2) DevilPrint.com does not provide any warranty for the fading of colours or hygrostability of print products, unless a guarantee in writing is provided (e.g. UV coating printing process or lamination). DevilPrint.com expressly points out that the print products are exclusively intended for the use in closed rooms.
(3) Terms and specifications determined at the conclusion of the contract reflect the state of the art at that point of time. Technical deviations (in particular picture trimming and colour of the printout) of the delivered goods from the offer documents are allowed and do not represent an error in so far as they are within the customary limits and the contractual purpose is not substantially limited. Pictures which were trimmed can - as usual in trade - deviate minimally, but not considerably from the pre-set sizes. Minimal customary coulour differences on the printout can appear, if the Customer's screen is calibrated elsewise and not colour-proof. Black/white printouts can contain a minimal customary colour cast due to the colour printing. Complaints, credits and replacement printouts due to this fact are excluded, except the deviation is outside the customary limits.
(4) The limitation period of the claims from warranty of quality is at 24 months and starts from the date of delivery of the item purchased. If the Customer is a merchant according to § 14 of the German Civil Code (BGB), the limitation period is at 12 months from the date of the delivery of the item. The limitation period for used items is at 12 months from the delivery of the item, too.
(5) The legal provisions, inspection and notification duties according to the German Commercial Code (HGB) apply for merchants.
§ 8 Limitation of liability / exemption from liability
(1) DevilPrint.com is to be held liable for damages caused by intent or gross negligence. For the rest DevilPrint.com is only to be held liable for injury of life, body and health and the violation of major contractual duties (cardinal obligations). This applies also for indirect consequential damages such as loss of profit in particular.
(2) The liability towards consumers is limited to typical for the contract and foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence or damages due to the injury of life, body and health and the violation of major contractual duties (cardinal obligations). This also applies for indirect consequential damages such as a loss of profit in particular.
(3) The liability towards companies is limited to typical for the contract and foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence or damages due to the injury of life, body and health. This also applies for indirect damages such as a loss of profit in particular.
(4) The limitation of liability mentioned in paragraphs 1 to 3 shall also apply in favour of employees and vicarious agents of Devilprint.com.
(5) Liability claims according to the Product Liability Act remain unaffected.
(6) In case the Customer violates one of the obgligations mentioned in § 3 par. 2 and 3 or in case he violates another valid law, the Customer fully exempts DevilPrint.com from claims of third persons from the date of the first request of the third person. The Customer shall bear all costs, in particular solicitor's fees, legal costs, costs of proceedings and damages which arise to DevilPrint.com in this context.
§ 9 Data protection
Our data protection information is valid as regards the data protection.
§ 10 Revocation
(1) If the Customer is a consumer (§ 13 German Civil Code (BGB)), he has the possibility to cancel his order within 14 days on the receipt of the goods without indicating any reason. This cancellation is to be done in writing, in text form or by returning the goods to DevilPrint.com.
(2) This right of revocation is not valid for contracts related to the delivery of goods which DevilPrint.com manufactured according to your specifications or which were obviously customized to the personal needs of the Customer or which cannot be returned because of their nature.
(3) The effective exercise of the right of revocation obliges the Customer to return the goods, if the goods can be sent in a parcel. The return is at the risk and at the expense of DevilPrint.com, unless the order is below an amount of 40,00 euros. In this case the Customer has to carry the return charges. The goods are to be returned to the address mentioned in § 1.
(4) As soon as DevilPrint.com will have received the returned goods, DevilPrint.com will immediately grant the Customer the credit via bank transfer or cheque.
(5) In case of a cancellation of the contract the Customer is obliged to pay a compensation for a depreciation due to the use of the article as provided. The Customer has the opportunity to avoid this by checking the article on its use and capability only. Inasmuch no other agreements are made, the Customer shall be liable for any depreciation or the loss of the article.
§ 11 Destruction of sent materials
(1) All documents and materials, in particular all digital storage devices which the Customer sent to DevilPrint.com for the fulfilment of the contract, will not be returned by DevilPrint.com, but destroyed after the fulfilment of the contract. On request of the Customer, DevilPrint.com will return the handed in documents to the Customer. The Customer carries the shipping costs.
(2) DevilPrint.com reserves the right to make a backup copy, in particular of the documents, materials and contents the Customer digitally transferred in order to be able to guarantee an immediate rework in case the Customer requests a rework. DevilPrint.com uses the data stored on the backup copy exclusively for purposes of rework. DevilPrint.com destroys the backup copy immediately on expiration of the warranty period.
§ 12 Final provisions
(1) Modifications or amendments of these General Terms and Conditions are to be done in writing. This applies also to the removal of the requirement of the written form.
(2) German legislation applies, excluding the UN Sales Law. Imperative requirements of the state where the Customer has his usual residence remain unaffected.
(3) Inasmuch the Customer is a merchant who has been entered as such in the commercial register, a legal person under public law or a special fund under public law, or has no place of general jurisdiction within the country or transfers his residence abroad after the conclusion of the contract, or his residence is unknown at the time of the institution of legal proceedings, the place of jurisdiction for the disputes resulting from our contract shall be the business location of Devilprint.com.
(4) In the case of an invalidity of individual clauses of these General Terms and Conditions or a contradiction of legal requirements, the validity of these terms as a whole will not be affected. The contracting parties will replace the invalid clause by mutual agreement by a clause which comes the closest to the economic sense and purpose of the invalid clause in a legally effective way. The present regulation is equally applied for gaps in the provisions of this contract.
(5) In case of any contradictions, legal disputes or other cases, the original German language version of the General Terms and Conditions shall prevail.
Subscribe to our newsletter
We answer all your questions Monday through Saturday from 9am until 7pm