General terms and conditions cards-x GmbH

I. General - Scope

1. These terms and conditions apply to all current and future business relationships between cards-x GmbH (cards-x) and the contractual partner for the provision of products (goods) and the provision of work services (services).

2. Contractual partner within the meaning of these terms and conditions is any natural or legal person or legal partnership that is not a consumer within the meaning of § 13 BGB.

3. Deviating, conflicting or supplementary general terms and conditions of the client, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing by the supplier.

4. In the case of orders with delivery to third parties, the purchaser is deemed to be the contractual partner, unless otherwise expressly agreed.

II. Conclusion of contract and written form

1. The subject of the contract is exclusively the goods sold with their properties and features as well as the intended use in accordance with a special written agreement or supplier descriptions enclosed with the goods. Other or more extensive properties and / or an additional purpose are only considered agreed if they are expressly confirmed in writing by the supplier.

2. Offers from cards-x are non-binding. We reserve the right to make technical changes and other product changes within the scope of what is reasonable.

3. With the order, the contractual partner declares that it intends 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. The acceptance can be declared either in writing or by delivering the goods to the contractual partner.

4. If cards-x requests further information from the customer in order to assess the order, the period for accepting the order is extended by the period between the request for the information and the receipt of this information by cards-x.

5. The conclusion of the contract is subject to the correct and timely delivery by cards-x from suppliers. This only applies in the event that cards-x is not responsible for the non-delivery.

6. Subsidiary agreements, changes and additions must be confirmed in writing by cards-x in order to be effective. The same applies to the waiver of the written form requirement.

III. Prices, additional costs, placing of orders

1. The prices are given in EURO and are to be understood within the Federal Republic of Germany plus the statutory value added tax.

2. The prices quoted are ex works and, unless expressly agreed otherwise, exclusive of packaging, shipping, insurance and installation costs.

3. If the processing of the order is temporarily suspended at the request of the contractual partner, cards-x is entitled to payment for work that has already been carried out, specially ordered materials and other additional costs including storage.

4. When placing orders of any kind, it is assumed that the contractual partner is entitled to do so.

5. If the customer is already a customer of a cards-x retailer, cards-x reserves the right not to carry out the order itself - after consultation with the customer - but to process the order through the retailer!

6. Spelling and printing errors and / or errors in offers from cards-x and other correspondence as well as printed matter reserved. Cards-x is not liable for this.

IV. Delivery / service and transfer of risk

1. Dispatch takes place at the expense and risk of the contractual partner. The risk of accidental loss and accidental deterioration of the goods is transferred to the contractual partner as soon as the shipment has been handed over to the person or institution performing the transport; this also applies if cards-x bears the transport costs.

2. The transfer is the same if the contractual partner is in default of acceptance. In the event of a default in acceptance, the contractual partner must bear all associated costs, in particular storage costs.

3. If the dispatch is delayed at the request of the contractual partner, the risk is transferred to the contract partner upon notification of readiness for dispatch. cards-x is entitled to charge storage fees to the contractual partner.

4. Unless otherwise agreed, the route and means of dispatch are left to cards-x's choice. Transport insurance is only taken out by cards-x at the express instruction and expense of the client.

5. If dispatch is impossible for a long time due to circumstances for which cards-x is not responsible, cards-x is entitled to either store the goods itself or to store them with a forwarding agent for the account and risk of the contractual partner.

6. Partial deliveries are permitted and can be invoiced separately, unless they cannot be used economically.

7. Delivery dates and deadlines given by cards-x are only to be understood as approximate times. Holidays in particular, and any bridging days associated with them, 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, as far as such obstacles - such as strikes, lockouts, operational disruptions, etc. - affect the delivery or service of cards-x are of considerable influence.

8. A delivery is only made subject to the correct and timely self-delivery of cards-x by the supplier, if cards-x concludes a congruent hedging transaction with the supplier (binding, timely and sufficient order of the goods) and if cards-x a possible wrong - or is not responsible for non-delivery. There is no delay in delivery.

9. 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.

10. 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

1. If the information is not informative, insufficient or negative (assessment by the supplier): prepayment. Otherwise 14 days net from the invoice date. For orders from abroad and / or deliveries abroad: prepayment. If the target is exceeded, cards-x will charge default interest on the basis of the legal regulations. cards-x reserves the right to prove and assert higher damage caused by default. For transfers, the day on which we receive the credit note counts as 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 must be made.

2. If the contractual partner does not meet his payments or cards-x receives information from which the contractual partner's creditworthiness emerges or if a check from the contractual partner cannot be cashed or the contractual partner pays an invoice with a 10-day delay or a If there is a deterioration in assets or bankruptcy proceedings or judicial or extrajudicial settlement proceedings are applied for, cards-x is entitled to invoice the present and future orders and to make them due immediately, i.e. to calculate prepayment. In the aforementioned cases, cards-x continues to have the right to stop working on the contractual partner's current orders, to withhold deliveries and / or to refuse services and further deliveries until the contractual partner has paid the invoice in advance. After the invoice has been paid, delivery is made, unless other invoices are outstanding. In this case, delivery will not be made until all invoices have been paid. In the case of payment by check, the invoice is only deemed to have been paid when the drawn bank honors the check. If the contractual partner delays payment, cards-x is also entitled to withdraw from the contract.

3. Regardless of the legal basis (including notices of defects), the contractual partner is not entitled to withhold any payments or to offset counterclaims unless the counterclaim is undisputed or has been legally established.

VI. Retention of title

1. cards-x retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

2. 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.

3. The contractual partner is obliged to notify cards-x immediately of any third party access to the reserved goods, for example in the event of seizure, as well as damage or destruction of the reserved goods. The client must immediately notify a change in ownership of the reserved goods as well as a change of residence and / or company headquarters.

4. cards-x is entitled to withdraw from the contract and reclaim the goods subject to retention of title if the contractual partner acts in breach of contract, in particular in the event of default in payment or a breach according to items 2 and 3 of this provision.

5. The contractual partner is entitled to resell the reserved goods in the ordinary course of business. He already now assigns to cards-x all claims in the amount of the invoice amount that arise from the resale against 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 names and addresses of the third party debtors and the amount of all claims against them.

6. If the contractual partner includes claims from resale in an existing current account relationship with a third party, the respective transferable balance up to the amount of the claims is deemed to be assigned by cards-x.

7. The processing of the reserved goods by the contractual partner is always carried out in the name and on behalf of cards-x. If objects that do not belong to cards-x are processed, cards-x acquires co-ownership of the new object in proportion to the value of the reserved goods delivered by cards-x to the other processed objects. The same applies if the reserved goods are mixed with other items that do not belong to cards-x.

8. A right of lien is established on all raw materials of any kind handed over by the contractual partner with the handover to secure all current and future claims by cards-x from the delivery of goods.

9. If the value of the existing securities of cards-x exceeds its claims by more than 20%, cards-x is obliged to release securities at the request of the contractual partner.

VII. Warranty, guarantees and support

1. The warranty period for new goods is two years from delivery; The warranty for used goods is one year. For guarantees and support voluntarily granted by cards-x, the relevant service catalogs apply, which can be found on the Internet at www.cards-x.de and in the cards-x brochures and price lists, if they have been agreed. The right to warranty, guarantee and support expires if only original consumables from cards-x are used. 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.

2. As a matter of principle, only the product description from cards-x is deemed to have been agreed for the quality and intended use of the goods. Public statements, promotions or advertisements by the manufacturer do not represent any contractual properties and / or intended uses of the goods.

3. cards-x will, at its option, provide repairs or replacement deliveries for defects in the goods. If the subsequent performance fails, the contractual partner can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the event of only a minor lack of conformity, in particular only minor defects, the contractual partner is not entitled to withdraw from the contract.

4. Obvious defects (including complaints regarding incorrect or incomplete deliveries) must be reported to cards-x in writing immediately, at the latest within a preclusive period of 12 days from receipt of the goods. Deadline is sufficient for the timely dispatch; Otherwise the assertion of warranty claims is excluded.

5. Defects or damage to the goods which cannot be discovered within this period even after careful inspection must be reported to cards-x in writing immediately after discovery.

6. In the case of mail order purchases, the contractual partner must immediately notify the transport company and cards-x of any damage to the packaging and have the facts recorded.

7. In the event of defects and damage to the goods, the contractual partner bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

8. In the case of plastic cards, printed matter and service contracts, the contractual partner is obliged to examine, even if samples have been sent.

9. 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.

10. Excess or short deliveries of printed matter up to 10% of the ordered print run cannot be objected to. Charged will be the amount sent.

11. Slight deviations in the printing color compared to the color sample or the ready-to-print template do not justify a complaint about the delivery. The same applies to the comparison between proofs and print runs and the comparison of two productions.

12. Punching fluctuations that lead to different distances between the printed motifs and the card edges from card to card do not justify a complaint about the delivery.

13. cards-x is not liable for deviations in the properties of the material used.

14. Deliveries (including data carriers) by the contractual partner or by a third party engaged by him are not subject to any inspection obligation on the part of cards-x.

15. In the event of non-performance, the contractual partner must return the goods cards-x in their 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 is fully borne by the contract partner. The return shipment to the contractual partner takes place during the guarantee period at the expense of cards-x, after the guarantee period at the expense of the contractual partner.

16. An assignment of warranty claims by the contractual partner is excluded.

17. The warranty does not apply to defects that can be traced back to incorrect installation, non-observance of application instructions, improper intervention or changes to the product by the contractual partner or a third party not authorized by cards-x. Furthermore, the guarantee does not apply if the original technical marks, seals, serial numbers or similar marks are changed or removed. The warranty does not cover defects related to operational wear and tear, operating errors and improper use, external influences (operation with the wrong type or voltage, connection to unsuitable power sources, fire, lightning, explosion or network-related overvoltage, moisture of all kinds) and incorrect or faulty software and / or processing data are due.

18. If the review of a notification of defects reveals that there is no warranty claim, the costs of the review and repair will be charged by cards-x at the currently valid service prices and conditions. Any effort incurred will of course also be invoiced by cards-x at the currently valid service prices and conditions if cards-x goods are sent and a fault / error search remains unsuccessful because no fault / error can be identified. In this case, cards-x will also charge the contractual partner the shipping costs.

19. If cards-x is asked to submit an offer / cost estimate for repair services and the contractual partner then issues an order to repair the goods, cards-x will only invoice the costs incurred for the repair service. If the contract partner does not request a repair, cards-x will invoice the customer for the effort that cards-x incurred in preparing the offer / cost estimate.

20. 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 present at the time of delivery.

21. 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.

22. Replacing components or entire products does not result in any new warranty periods. Cards-x acquires ownership of all replaced components and products.

23. For software supplied by cards-x that is not produced by cards-x itself, the provisions of the respective license agreement apply. These are attached to the respective product. The contracting party expressly declares to recognize this.

VIII. Liability

1. Cards-x's liability 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 vicarious agents of cards-x.

2. Insofar as the supplier is not liable on the basis of an assumed guarantee, liability for claims for damages is otherwise limited as follows: cards-x is only liable for damage caused by slight negligence insofar as this is based on the breach of essential contractual obligations. The liability of cards-x for simple negligence according to this regulation is limited to the typically foreseeable direct average damage.

3. The provisions of the preceding paragraphs also apply accordingly to a limitation of the obligation to pay compensation for wasted expenses (Section 284 of the German Civil Code).

4. The above limitations of liability also apply in favor of the vicarious agents of cards-x.

5. Further claims by the contractual partner, in particular a claim for compensation for damage that did not occur on the delivered goods themselves, are excluded. This exclusion of liability does not apply in the event of willful intent, gross negligence on the part of management or senior executives, and in the event of culpable breach of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, cards-x is only liable for typical, reasonably foreseeable damage, except in cases of intent or gross negligence on the part of management or senior executives. The exclusion of liability also does not apply in the absence of properties that are expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur to the goods themselves.

6. If the order involves contract finishing work or further processing of print products, cards-x is not liable for any damage caused to the product to be finished or further processed.

7. Claims for damages due to impossibility and delay are limited to the amount of the order value (personal contribution excluding advance work and material).

8. Liability on the part of cards-x is excluded insofar as the damage incurred could have been avoided by taking measures to reduce the damage.

9. 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 is guilty of gross negligence, as well as in the case of physical injury or damage to health attributable to cards-x or the loss of the life of the contractual partner.

IX. Liability for customer material, insurance

1. Material procured by the contractual partner, regardless of which type, is to be delivered to cards-x free of charge. The contractual partner undertakes to deliver 5% more than agreed in order to cover normal waste.

2. The correctness of the delivered quantity is not checked upon receipt.

3. If the contract partner provides the paper, cardboard or plastic material as well as other materials, the packaging material and the waste remain with cards-x due to the unavoidable loss of print adjustments and print runs, trimming, punching and the like.

4. If material supplied by the contractual partner is damaged or unusable during processing or processing, or if such material impairs the quality of the product, cards-x is only liable if the damage was at least caused by gross negligence, but only up to 10% of the amount Processing value, or in the amount of the own share of a liability insurance taken out by the contractual partner, but also here limited to a maximum of 10% of the processing value.

5. If the manuscripts, originals, papers, printed matter or other items brought in for safekeeping are to be insured against theft, fire, water or any other risk, the contractual partner must arrange for 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

1. The contractual partner is solely responsible for checking the right to reproduce all print templates. The contractual partner is solely liable if rights, in particular copyrights of third parties, are violated through the execution of his order. The contractual partner has to indemnify cards-x from all claims by third parties due to such an infringement.

2. All copyright rights of use in any process and for any purpose to own sketches, drafts, originals, films and the like remain, unless otherwise expressly regulated by cards-x.

3. Reprinting or duplication - regardless of the process - of those deliveries that are not subject to copyright or other commercial legal protection are not permitted without the approval of cards-x.

4. Printing plates, embossing plates, lithographs, master copies (negatives and slides on film or glass), dies and the like remain the property of cards-x. This only applies if the contractual partner has not separately assumed the costs for these aids.

5. cards-x is not obliged to deliver lithographs or copies of master copies to the contractual partner.

6. cards-x assumes no liability for third-party printing blocks, manuscripts and other items that are not requested from the contractual partner within four weeks of the order being processed.

XI. Proofs, films and proofs, extra work - plastic cards

1. Correction prints and proofs are to be checked by the contractual partner for typesetting and other errors and approved. Typographical errors will be corrected free of charge. Subsequent changes that deviate from the first print template will be charged separately according to the working hours used.

2. As a matter of principle, film deliveries are only checked by cards-x with regard to compliance with our technical specifications, ie cards-x assumes no liability for the accuracy of the text and the correctness of the position.

3. Proofs, multiple proofs, sketches, drafts, test prints and samples will be billed to the contractual partner.

4. If, after placing the order, additional work emerges that was not recognizable when the contract was concluded, cards-x can charge 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 printing errors that the contractual partner has overlooked in the proofs approved by him. Changes made by telephone require written confirmation.

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

1. The law of the Federal Republic of Germany applies. The provisions of the UN sales law do not apply.

2. 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 the place of residence or habitual abode is not known at the time the action is brought.

3. Subsequent additions or changes to contracts must be made in writing. This also applies to any waiver of this written form requirement.

4. Should individual provisions of the contract with the client, including these general terms and conditions, be or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.

5. The registered office of cards-x GmbH is D-40822 Mettmann.

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Our offers are aimed only at entrepreneurs, §14 BGB, ie natural or legal persons or partnerships with legal capacity, who act in the course of a legal transaction in the exercise of their commercial or independent professional activity. We do not conclude contracts with consumers, § 13 BGB.

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cards-x GmbH
Kleberstrasse 2
40822 Mettmann

+49 2104 83203-0

info@cards-x.com

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