TERMS & CONDITIONS

General terms and conditions cards-x Development GmbH

I. General – Scope

These terms and conditions apply to all current and future business relationships between cards-x Development GmbH (cards-x) and the contractual partner for the provision of products (goods) and the provision of work (services).
Contractual partner within the meaning of these terms and conditions is any natural or legal person or partnership with legal capacity who is not a consumer within the meaning of § 13 BGB.
Deviating, conflicting or supplementary general terms and conditions of the client, even if known, are not part of the contract unless the supplier expressly agrees to their validity in writing.
In the case of orders with delivery to third parties, the customer is considered the contractual partner, unless otherwise expressly agreed.

II. Conclusion of contract and written form

The subject of the contract is exclusively the goods sold with the properties and characteristics as well as the purpose of use according to a special written agreement or the supplier descriptions enclosed with the goods. Other or more extensive properties and/or a purpose that goes beyond this shall only be deemed to have been agreed if they are expressly confirmed in writing by the supplier.
Offers from cards-x are non-binding. We reserve the right to make technical changes and other product changes within reasonable limits.
With the order, the contractual partner makes a binding declaration that they want to purchase the ordered goods. cards-x is entitled to accept the contract offer contained in the order within four weeks of receipt by cards-x. Acceptance can be declared either in writing or by delivering the goods to the contractual partner.
If cards-x requests further information from the customer in order to assess the order, the deadline for accepting the order is extended by the period between the request for the information and the receipt of this information by cards-x.
The conclusion of the contract is subject to the correct and timely self-supply by cards-x from suppliers. This only applies in the event that cards-x is not responsible for the non-delivery.
Subsidiary agreements, changes and additions require written confirmation by cards-x to be effective. The same applies to the waiver of the written form requirement.

III. Prices, additional costs, placing of orders

The prices are given in EURO and within the Federal Republic of Germany plus the statutory value added tax.
The prices quoted are ex works and, unless expressly stated otherwise, exclusive of packaging, shipping, insurance and installation costs.
If the order processing is temporarily suspended at the request of the contractual partner, cards-x is entitled to payment for work already performed (carried out), specially ordered materials and other additional costs including storage.
When placing an order of any kind, it is assumed that the contractual partner is entitled to do so.
If the customer is already a customer of a cards-x dealer, cards-x reserves the right – after consultation with the customer – not to carry out the order itself, but to process the order through the dealer!
Typographical and printing errors and/or errors in offers from cards-x and other correspondence and printed matter reserved. cards-x is not liable for this.

IV. Delivery / performance and transfer of risk

Shipping is at the expense and risk of the contractual partner. The risk of accidental loss and accidental deterioration of the goods passes to the contractual partner as soon as the shipment has been handed over to the person or institution carrying out the transport; this also applies if cards-x bears the transport costs.
The transfer is the same if the contractual partner is in default of acceptance. In the event of a delay in acceptance, the contractual partner must bear all associated costs, in particular storage costs.
If the dispatch is delayed at the request of the contractual partner, the risk passes to him upon notification of readiness for dispatch. cards-x is entitled to charge storage fees to the contractual partner.
Unless otherwise agreed, the route and means of dispatch are left to the choice of cards-x. Transport insurance is only taken out by cards-x on the express instruction and at the expense of the client.
If shipping is impossible for a longer period of time due to circumstances for which cards-x is not responsible, cards-x is entitled to either store the goods itself or store them with a forwarding agent for the account and risk of the contractual partner.
Partial deliveries are permitted and can be invoiced separately, unless they are not economically viable.
Delivery dates and delivery periods specified by cards-x are only to be understood as approximate times. In particular, public holidays and any associated bridging days always cause longer deadlines. Delivery and service periods are extended appropriately for cards-x in the event of disruptions due to force majeure and other obstacles for which cards-x is not responsible, insofar as such obstacles – such as strikes, lockouts, operational disruptions, etc. – affect the delivery or service of cards-x are of significant influence.
A delivery is only made subject to the correct and timely delivery of cards-x itself by suppliers, if cards-x has concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the supplier and if cards-x has any wrong or is not responsible for non-delivery. There is no delay in delivery.
The delay in delivery entitles cards-x to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract. If the hindrance lasts longer than four months, the contractual partner is entitled to withdraw from the contract after setting a reasonable grace period.
If the delivery time is extended or if cards-x is released from its obligation to perform, the contractual partner cannot derive any claims for damages from this.

V. Terms of payment

If the information is not meaningful, insufficient or negative (assessment by the supplier): payment in advance. Otherwise 14 days net from the invoice date. For orders from abroad and/or delivery abroad: payment in advance. If the deadline is exceeded, cards-x calculates interest on arrears based on the statutory regulations. cards-x reserves the right to prove and claim higher damages caused by default. For bank transfers, the day on which we receive the credit advice is deemed to be the receipt of payment. In the case of payments by check, the day on which the drawn bank cashes the check counts as receipt of payment. Payments by bill of exchange or by check in connection with a bill of exchange are not possible. For larger orders, advance payments or partial payments corresponding to the work performed are to be made.
If the contractual partner fails to make his payments or cards-x receives information which shows that the contractual partner is not creditworthy, or if a check from the contractual partner cannot be cashed, or the contractual partner pays an invoice that exceeds the target by 10 days, or the financial situation deteriorates or bankruptcy proceedings or in-court or out-of-court composition proceedings are applied for, cards-x is entitled to invoice existing and future orders and make them due immediately, i.e. to charge for advance payment. In the aforementioned cases, cards-x also has the right to stop further work on the contractual partner’s current orders, to withhold deliveries and/or services, to refuse further deliveries until the contractual partner has paid the invoice provided as advance payment. Delivery will be made after payment of the invoice, unless other invoices are outstanding. In this case, the goods will not be delivered until all invoices have been paid. In the case of payment by check, the invoice is only deemed to have been paid when the bank withdrawn cashes the cheque. If the contractual partner delays payment, cards-x is also entitled to withdraw from the contract.
Irrespective of the legal reason (including notification of defects), the contractual partner is not entitled to withhold any payments or offset against counterclaims, unless the counterclaim is undisputed or has been legally established.

VI. Retention of title

cards-x retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
The contractual partner is obliged to treat the reserved goods with care. If maintenance and inspection work is required, the contractual partner must carry this out regularly at its own expense.
The contractual partner is obliged to notify cards-x immediately of third-party access to the reserved goods, for example in the event of a seizure, as well as damage or destruction of the reserved goods. The customer must notify us immediately of a change in ownership of the goods subject to retention of title as well as a change of residence and/or company headquarters.
cards-x is entitled to withdraw from the contract and to demand the return of the goods subject to retention of title in the event of breach of contract by the contractual partner, in particular default in payment or violation of items 2 and 3 of this provision.
The contractual partner is entitled to resell the reserved goods in the ordinary course of business. He already assigns to cards-x all claims in the amount of the invoice that accrue to him through the resale to a third party. cards-x accepts the assignment. cards-x irrevocably authorizes the contractual partner to collect the claims assigned to cards-x for his account in his own name. At the request of cards-x, the contractual partner is obliged to disclose the name and address of the third-party debtor and the amount of all claims against the same.
If the contractual partner includes claims from resale in an existing current account relationship with a third party, the respective transferable balance is deemed to have been assigned by cards-x up to the amount of the claims.
The treatment and processing of the goods subject to retention of title by the contractual partner is always carried out in the name and on behalf of cards-x. If processing takes place with items that do not belong to cards-x, cards-x acquires co-ownership of the new item in relation to the value of the reserved goods delivered by cards-x to the other processed items. The same applies if the reserved goods are mixed with other items that do not belong to cards-x.
A lien is placed on all raw materials of any kind handed over by the contractual partner upon handover to secure all current and future claims of cards-x from the delivery of goods.
If the value of the security existing by cards-x exceeds its claims by more than 20%, cards-x is obliged to release security at the request of the contractual partner.

VII. Warranty, Guarantees and Support

The warranty period for new goods is two years from delivery; the warranty for used goods is one year. The relevant service catalogues, which can be found on the Internet at www.cards-x.de and in the prospectuses and price lists of cards-x, apply to guarantees and support voluntarily granted by cards-x, if they have been agreed. The right to warranty, guarantee and support expires if original consumables from cards-x are not used exclusively. The warranty and guarantee also expire in the event of damage caused after the transfer of risk, such as mechanical defects in the print head.
As a matter of principle, only the product description from cards-x is deemed to be agreed as the quality and intended use of the goods. Public statements, promotions or advertising by the manufacturer do not represent any contractual properties and/or intended uses of the goods.
cards-x shall, at its option, provide warranty for defects in the goods through repairs or replacement deliveries. If the supplementary performance fails, the contractual partner can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his discretion. In the event of only a minor breach of contract, in particular in the case of only minor defects, the contractual partner shall not be entitled to withdraw from the contract.
Obvious defects (including complaints regarding incorrect or incomplete deliveries) must be reported to cards-x in writing immediately, at the latest within a cut-off period of 12 days from receipt of the goods. Deadline is sufficient for the timely dispatch; Otherwise the assertion of warranty claims is excluded.
Defects or damage to the goods that cannot be discovered within this period even after careful inspection must be reported to cards-x in writing immediately after discovery.
In the case of mail-order sales, the contractual partner must immediately notify the transport company and cards-x of any damage to the packaging and have the facts recorded.
In the case of defects and damage to the goods, the contractual partner bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
In the case of plastic cards, printed matter and service orders, the contractual partner is also obliged to examine them if outturn samples have been sent.
Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is demonstrably of no interest to the contractual partner.
Excess or short deliveries of printed matter of up to 10% of the ordered edition cannot be objected to. Charged will be the amount sent.
Minor deviations in the printing color compared to the color sample or the template ready for printing do not justify a complaint about the delivery. The same applies to the comparison between proofs and production runs and the comparison of two productions.
Die-cutting fluctuations, which lead to different distances between the printed motifs and the edges of the card from card to card, do not justify a complaint about the delivery.
cards-x is not liable for deviations in the quality of the material used.
Deliveries (also data carriers) by the contractual partner or by a third party engaged by him are not subject to an examination by cards-x.
In the event of non-performance, the contractual partner must transport the cards-x goods back in the original packaging; The contractual partner bears the transport costs. The risk of deterioration and loss of the goods during return transport as a result of improper packaging shall be borne in full by the contractual partner. The return shipment to the contractual partner is at the expense of cards-x during the guarantee period and at the expense of the contractual partner after the guarantee period.
An assignment of warranty claims by the contractual partner is excluded.
The warranty does not apply to defects that can be traced back to faulty installation, non-observance of application instructions, improper intervention or modification of the product by the contractual partner or a third party not authorized by cards-x. Furthermore, the warranty does not apply if original technical markings, seals, serial numbers or similar markings are changed or removed. The warranty does not cover defects that are due to operational wear and tear, operating errors and improper use, external influences (operation with the wrong type of current or voltage, connection to unsuitable power sources, fire, lightning strike, explosion or network-related overvoltage, humidity of all kinds) as well as incorrect or faulty software and/or processing data.
If the review of a notice of defects shows that there is no warranty case, the costs of the review and repair will be charged at the applicable service prices and conditions of cards-x. Any expenses incurred will, of course, also be charged at the applicable service prices and conditions of cards-x if goods are sent to cards-x and troubleshooting/troubleshooting is unsuccessful because no disruption/error can be found. In this case, cards-x will also charge the contractual partner for the shipping costs.
If cards-x is requested to submit an offer/cost estimate for repair services and the contractual partner then places an order for the repair of the goods, cards-x will only invoice the costs incurred for the repair service. If the contractual partner does not commission the repairs, cards-x will invoice the customer for the expenses incurred by cards-x in preparing the offer/cost estimate.
Before asserting warranty claims against cards-x, the delivery condition of the goods must be restored as far as possible. In the event of a warranty claim, cards-x is only obliged to restore the hardware and software installation that was available upon delivery.
If a system is not installed by cards-x at the request of the contractual partner, the contractual partner must provide evidence of proper installation in the event of a warranty claim.
The replacement of components or entire products does not result in new warranty periods. cards-x acquires ownership of all replaced components and products.
The provisions of the respective license agreement apply to software supplied by cards-x and not produced by cards-x itself. These are attached to the respective product. The contractual partner expressly declares that they accept these.

VIII. Liability

The liability of cards-x for damage to the contractual partner due to intentional or grossly negligent behavior on the part of the supplier, for personal injury and damage under the Product Liability Act is unlimited in accordance with the statutory provisions. This also applies to damage caused by cards-x’s vicarious agents.
If the supplier is not liable based on a guarantee, the liability for claims for damages is otherwise limited as follows: cards-x is only liable for damages caused by slight negligence if these are based on the violation of essential contractual obligations. cards-x’s liability for direct simple negligence under this provision is limited to the representative, foreseeable average damage.
The provisions of the above paragraphs also apply to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
The above limitations of liability also apply to the vicarious agents of cards-x.
Further claims of the contractual partner, in particular a claim for compensation for damage that has not occurred to the delivered goods themselves, are excluded. This disclaimer of liability does not apply in the event of intent or gross negligence on the part of management or senior employees, or in the event of culpable violation of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, cards-x shall only be liable for damage that is typical for the contract and reasonably foreseeable, except in cases of intent or gross negligence on the part of the management or senior employees. The exclusion of liability also does not apply in the absence of properties that are expressly guaranteed, if the guarantee was intended to protect the customer against damage that did not occur on the goods themselves.
If the order is for contract finishing work or further processing of printed matter, cards-x is not liable for the resulting impairment of the product to be finished or further processed.
Claims for damages due to impossibility and delay are limited to the amount of the order value (own work excluding advance work and material).
cards-x is not liable insofar as the damage that has occurred could have been avoided by taking damage-reducing measures.
Claims for damages by the contractual partner due to a defect expire one year after delivery of the goods. This does not apply if cards-x can be accused of gross negligence, or in the case of bodily injury or damage to health attributable to cards-x, or in the event of loss of life of the contractual partner.

IX. Liability for customer material, insurance

Material procured by the contractual partner, no matter what kind, is to be delivered to cards-x free of charge. The contractual partner undertakes to deliver 5% more than agreed to cover normal waste.
Upon receipt, the correctness of the delivered quantity is not checked.
If the contractual partner provides the paper, cardboard or plastic material and other materials, the packaging material and the waste from the unavoidable disposal of the print makeready and continued printing, from trimming, punching and the like, remain with cards-x.
If material delivered by the contractual partner is damaged or unusable during treatment or processing, or if such material impairs the product quality, cards-x is only liable if the damage was caused at least through gross negligence, but only up to 10% of the processing value, or in the amount of the own share of a liability insurance taken out by the contractual partner, but also limited here to a maximum of 10% of the processing value.
If the manuscripts, originals, papers, printed matter or other items brought in to cards-x are to be insured against theft, fire, water or any other risk, the contractual partner must arrange the insurance himself. cards-x accepts no liability for damage to stored goods, unless the damage was caused intentionally or through gross negligence.

X. Copyright, property – plastic cards

The contractual partner is solely responsible for checking the right to reproduce all print templates. The contractual partner is solely liable if the execution of his order violates the rights of third parties, in particular copyrights. The contractual partner must release cards-x from all claims by third parties due to such an infringement.
Cards-x retains all copyright rights of use in any process and for any purpose to its own sketches, drafts, originals, films and the like, unless expressly agreed otherwise.
Reprinting or duplication – regardless of the process used – including those deliveries that are not the subject of copyright or other commercial legal protection, is not permitted without the permission of cards-x.
Printing plates, embossing plates, lithographs, master copies (negatives and slides on film or glass), punches and the like remain the property of cards-x. This only applies if the contractual partner has not paid the costs for these aids separately.
cards-x is not obliged to deliver transfers of lithographs and copies of master copies to the contractual partner.
cards-x assumes no liability for third-party printing blocks, manuscripts and other items that are not requested by the contractual partner within four weeks of completing the order.

XI. Proofs, films and proofs, additional work – plastic cards

Proofs and proofs are to be checked for typographical and other errors and approved by the contractual partner. Typesetting errors will be corrected free of charge. Subsequent changes that deviate from the first print template will be charged separately according to the time spent on them.
Film deliveries are generally only checked by cards-x with regard to compliance with our technical specifications, i. H. cards-x accepts no liability for the correctness of the text or position.
Proofs, multiple proofs, sketches, drafts, test proofs and samples will be charged to the contractual partner.
If additional work is found after the order has been placed that was not recognizable when the contract was concluded, cards-x can charge for this additionally. If the surcharge exceeds 10% of the total price, the contractual partner is entitled to withdraw from the contract.

XII. Misprint

cards-x is not liable for misprints that the contractual partner has overlooked in the proofs released by him. Telephone changes require written confirmation.

XIII. Applicable law, place of performance, place of jurisdiction, effectiveness

The law of the Federal Republic of Germany. The provisions of the UN sales law do not apply.
Mettmann is agreed as the place of performance and place of jurisdiction for all disputes arising from this contract. The same applies if the contractual partner does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed.
Subsequent additions or changes to contracts must be made in writing. This also applies to any waiver of this written form requirement.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
cards-x GmbH is based in D-40822 Mettmann.

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with cards-x GmbH. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

The purchase contract is concluded with cards-x GmbH.When the contract is concluded with us depends on the payment method you have chosen:

The invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.

Credit card
When placing the order, you enter your credit card details and the credit card company will carry out an authorization check. After your legitimation as the legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. The contract with us is concluded at the time the credit card is charged.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Cash on pickup
We accept your order by sending a declaration of acceptance in a separate email within two days.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Delivery terms

Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers. We only deliver by mail. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

The invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.

Cash on pickup
We accept your order by sending a declaration of acceptance in a separate email within two days.

6. Right of withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. Retention of title

The goods remain our property until full payment. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9. Warranties and Guarantees

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de, is responsible.

11. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.