(1) The deliveries and services as well as offers of 3-2-1-print.de,
Carter & Scully LTD., Village Industries, Hall 255, 140 Crewe Road South, Edinburgh EH4 2NY, Scotland, (hereinafter also referred to as "Contractor" or "we")
take place exclusively on the basis of these terms and conditions if the customer (in
Also referred to below as "client" or "you") is an entrepreneur within the meaning of Section 14 of the German Civil Code.
Entrepreneur is a natural or legal person or a person with legal capacity
Partnership that, when concluding a legal transaction, exercises its
commercial or self-employed professional activity. A legal entity
Partnership is a partnership endowed with the ability to
Acquiring rights and incurring liabilities.
(2) Conflicting or deviating terms and conditions only apply if we
expressly agreed in writing.
(3) All agreements made between the client and the contractor
must be in text form to be effective. This also applies to supplements or
Amendments to the agreements made (this also includes these
terms and conditions).
§ 2 Offer and conclusion of contract
(1) The presentation and offers of our products on our website, in brochures or
other media is for informational purposes and does not constitute a binding offer
conclusion of a contract.
(2) Your order via our website, however, represents a binding offer
conclusion of a contract. By clicking on »Payable
order« you declare bindingly to the on the website and in these terms and conditions
Order the product(s) selected by you under the conditions mentioned and the
wanting to pay the stated price.
(3) If you have ordered via our website, you will first receive a
E-mail confirmation of receipt to let you know that we have received your order
have. The acknowledgment of receipt does not constitute our acceptance of your offer
conclusion of a contract.
(4) A binding contract comes about regardless of whether your order is placed via our website
or outside of our website, only comes about when you post the task
of your order have received an order confirmation from us in text form.
(5) Verbal promises made by the contractor prior to the conclusion of the contract are non-binding. Oral
Agreements between the contracting parties must be in the form of an agreement in text form
or the order can be confirmed via the Internet in the specified order mask.
(6) The employees of the contractor, with the exception of managing directors and
authorized signatories do not have the right to make verbal agreements that deviate from this.
§ 3 Prices
(1) All prices quoted by us are final prices in euros and include the statutory
Sales tax, unless expressly stated net prices and sales tax
is shown separately. Within Germany, our prices include packaging
and shipping (with the exception of Saturday delivery and by the customer
required special shipping methods). The amount of the applicable shipping costs
please refer to our website. For deliveries of goods outside the European
Union and Switzerland can also charge import duties (duties) and other costs
attack; these are to be borne by you.
(2) If the customer subsequently changes the customer for the execution
data made available for the order or similar additional work
caused, the contractor will only carry out this work after separate agreement with the
Customer against reimbursement of the additional costs caused by this.
(3) Necessary preparatory work, in particular on the delivered or transmitted data
carried out independently by the contractor without consulting the client
if this preparatory work contributes to meeting a fixed date or
economic interests of the client. The amount of costs for such
Preparatory work depends on the time required. Exceed those incurred as a result
Additional costs for the client €34.51 including sales tax, must be approved in advance
of the customer can be obtained at these additional costs.
(4) We are not obliged to cancel orders. If we cancel a
Order accepted by the client may incur a processing fee of
€15.00 including sales tax will be charged by the contractor. Does he
Contractor has already provided services that are above this amount, the
Calculation based on the services already rendered. Become in the status "New".
Cancellations by the client without further verification by the contractor in
usually accepted. Only the client himself can request cancellations; this
must be made via his customer account.
(5) We treat us the right to use all offered free products (e.g. free business cards)
as well as other free products without giving reasons from the offer
as well as orders of this type at any time without prior information from the customer
cancel. This applies equally to all other products, including those that are subject to a fee
cancellation of an order due to unforeseen events from the point of view of the
require the contractor.
§ 4 Order Execution / Approval by the Client
(1) The contractor carries out all orders on the basis of those delivered by the client
or transmitted print data, unless otherwise agreed in writing
was hit. The data must be given to the contractor by the client in accordance with the
be made available in the file formats specified in the order forms. For
other file formats, the contractor cannot guarantee a defect-free service,
unless the different file format was previously specified in text form by the contractor
expressly confirmed. The client is solely responsible for the correctness of the data. products must
be read by the client. Checking for correctness and approval are the sole responsibility of that
client. After approval for printing, sole liability lies with the customer.
This also applies if there are data transmission or data medium errors that are not
contractors are to be represented.
(2) Meet the contractor with regard to deliveries of all kinds by the client or
a third party engaged by him (this also includes data carriers and transferred
data) no audit requirements. This only applies if the provided
data are obviously unprocessable or illegible. The client is
obliged, prior to data transmission or prior to making the data available on a
Use data carrier protection programs against computer viruses that are current at the time
correspond to the technical level. The client alone is responsible for data backup
responsible. The contractor has the right to make copies.
(3) All templates that the contractor receives will be treated with care. At
The contractor only accepts damage or loss of the templates
Liability up to the material value. Any further claims are excluded.
Specimen copies sent in to examine the complaint cannot be returned
§ 5 Delivery and time of performance
(1) The deliveries and services of the contractor take place within the on the website
specified deadlines. Prerequisite for compliance with the contractor's delivery times
is the timely and proper fulfillment of the customer's obligations.
(2) In the event of delivery delays for which the contractor is responsible, the duration of the
statutory period of grace set by the customer at two weeks. This
begins with the receipt of the grace period by the contractor.
(3) Fixed dates for the provision of services must be defined by the contractor as a fixed date, fixed date
or binding dates are confirmed in text form, otherwise they are not valid.
If fixed deadlines are exceeded, the client has the right
to withdraw from the contract immediately. Will be made until receipt of the declaration of withdrawal in
Text form at the contractor Services provided by the contractor, these
be calculated. This also applies to deliveries and deliveries accepted by the customer
Services; unless the client is economically viable through the calculation
is unduly disadvantaged.
(4) If there is a delay in acceptance on the part of the client, the
The contractor has the right to compensation for the costs incurred as a result of the default in acceptance
to demand additional expenses. From the time of default of acceptance, the
the risk of accidental deterioration or accidental loss of the
goods and the contractor is only responsible for intent and gross negligence.
§ 6 Unavailability of the ordered goods / force majeure
(1) If, due to the unavailability of a product or its materials, or due to higher
violence cannot deliver the ordered goods on time or at all, we will inform you
inform you about this immediately and inform you of the probable new delivery period.
(2) If delivery is impossible or if we cannot meet the new delivery deadline, we can
we withdraw from the contract if the requirements according to section § 6 (3) are met. Already
In this case, we will refund payments made to you immediately.
(3) We can withdraw from the contract according to § 6 (2),
- if a supplier does not deliver goods on time through no fault of our own, although we
congruent hedging transaction, i.e. at the time of your
conclusion of the contract with us, there was a delivery order with the supplier of the goods who
objectively allowed the expectation that we would give you a smooth process
the goods can be delivered as agreed and it is not just one
short-term delivery disruption;
- in case of force majeure, that is, if an unforeseeable and extraordinary
Event not only delays the delivery for a short time or makes it impossible and we do this
cannot avoid with reasonable means and in the case of strikes at the production site,
Accidents or storms on the transport routes.
(4) Our and your legal rights remain unaffected by the right of withdrawal under this clause
Right of withdrawal, as well as the statutory provisions on the execution of the contract
in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness).
§ 6a Periodic work
In the case of contracts for regularly recurring work, there is a notice period of
at least three months to the end of a month. The right to extraordinary
Termination remains unaffected.
§ 7 Passing of Risk – Shipping
(1) If the goods are shipped at your request, the risk of delayed performance,
Destruction, loss or deterioration of the who as well as the risk of price with the
Delivery of the goods to the person appointed to carry out the shipment (carrier,
carrier or other third party responsible for carrying out the shipment) to you.
The start of the loading process is decisive for this. Even then, this rule still applies
Valid if partial deliveries are made or the contractor has other services
(2) If the client expresses the wish that the dispatch or handover be delayed
or if the dispatch is delayed by a circumstance, the cause of which lies with the customer
lies and for which the customer is responsible, the risk passes to him as soon as his
goods are ready for dispatch. In this case, the customer bears all costs after the transfer of risk
storage costs incurred. The storage costs for storage are per completed week
by the contractor 1% of the invoice amount for the delivery items to be stored.
The contractor and the client reserve the right to provide proof of
lead to further or lower storage costs.
(3) The place of business of the contractor is the place of performance for all obligations arising from
contractual relationship, unless otherwise specified.
(4) Delivery is made to the delivery address specified by the customer. Should the
Shipping address subsequently changed is an approval and confirmation of the new one
Delivery address required by the contractor in text form.
(5) If there is external damage to a shipment, the client may only repair it
accept if the damage is on the part of the carrier/forwarder on the delivery note
was acknowledged. If this determination is omitted, then all claims for damages
due to the damage to the contractor excluded.
§ 8 Customer's rights in the event of defects / warranty
(1) You are entitled to the statutory warranty rights, unless specified below
(2) If the delivered item/service/goods does not correspond to that between
The quality agreed between the client and the contractor or is he/she responsible for the
not suitable for the purposes stipulated in the concluded contract or for general use
or does he/she not have the rights based on public statements made by the contractor
expected properties, the contractor is obliged to subsequent performance. Only when
If the supplementary performance fails twice, the client can either withdraw from the contract
withdraw or reduce the purchase price appropriately and claim damages under the
demand further requirements of § 9.
(3) Warranty rights are excluded if the delivered goods deviate from the agreed
Quality differs only insignificantly or the contractual or usual (4) Material changes due to age or environmental conditions
occur, do not constitute a defect. Minor deviations from the original can occur
colored reproductions in all manufacturing processes are not objected to. this applies
for technical reasons also for the comparison between other templates (e.g
Proofs and printout data) - even if these were created by the contractor - and the
final product. For production reasons, the running direction of the
papers are respected. A consequent slight breaking up when folding as well as
Deviations in the strength or stiffness of the product are and can be accepted
not be objected to. For production reasons, folding, punching and
Trimming tolerances of up to 1 mm can occur. These are to be accepted and cannot
be objected to.
(5) Up to 10% excess or short delivery of the ordered goods must be accepted
become. For books and magazines, an excess or short delivery of up to 5%
to accept This includes production-related waste of the upper and lower sheets,
that are not sorted out, waste, furnishing copies for further processing
machines and start-up sheets.
(6) Obvious defects must be reported to us within a period of 2 weeks from receipt of the goods
to display; otherwise the assertion of warranty claims
excluded. Deadline is sufficient for the timely dispatch; the burden of proof for this
meets you. If you are a merchant, the provisions of § 377 HGB apply.
(7) Claims for defects become time-barred - subject to the regulation in the following sentence and in § 8 (8) - in
one year from delivery of the goods. Claims for damages or reimbursement of expenses
Your part due to a defect remain unaffected by the above regulations and
expire within the statutory limitation periods; for such damages and
The regulations in § 9 apply to claims for reimbursement of expenses.
(8) The above limitations of the warranty obligation do not apply in cases where
we assume a guarantee for the quality of the goods or defects are fraudulent
have kept secret.
§ 9 Liability for Damages
(1) The contractor is liable to you in the event of a breach of essential contractual obligations - that is
Obligations, the violation of which jeopardizes the achievement of the purpose of the contract or
Fulfillment makes the proper execution of the contract possible in the first place
compliance with which you can regularly trust - (so-called cardinal obligations).
Reimbursement of expenses and damages (collectively “damages” in Section 9 below).
Insofar as the violation of the cardinal obligations was only slightly negligent and not a
injury to life, limb or health of the client
Claims for damages amount to the typical, foreseeable damage
(2) The contractor is also liable to you (i) in accordance with the provisions of
Product Liability Act; (ii) in cases of intent and (iii) gross negligence, (iv)
for injury to life, limb or health; (v) upon acquisition of a
Guarantee by the contractor and (vi) in all other cases required by law
Liability, in each case in accordance with the statutory provisions.
(3) For the rest, claims for damages against the contractor are equal
what legal reason, in particular due to breach of obligations from the
Obligation by the contractor, his legal representatives, employees or
Vicarious agents, from § 311 a BGB or from tort - excluded.
(4) Insofar as the liability of the contractor is limited according to the above provisions
or excluded, this also applies to the personal liability of the legal representatives,
Employees and vicarious agents of the contractor.
(5) The above regulations do not change the burden of proof to your disadvantage
(6) Your claims for damages and reimbursement of expenses become time-barred within the statutory period
Limitation periods from the start of the statutory period.
§ 10 Retention of title
(1) The contractor retains ownership of the delivered goods until receipt of all
Payments from the business relationship with the customer.
(2) You are entitled to resell the reserved goods in the ordinary course of business.
You already assign us all claims in the amount of the final invoice amount (including
Value added tax) of the remuneration claim that you from the resale
adult. You remain authorized to collect the claim even after the assignment.
Our authority to collect the claim ourselves remains unaffected. We oblige
us, however, not to collect the claim as long as you meet your payment obligations
meet the proceeds received, not default in payment and no application
on opening of the Insol
Use of the goods only slightly affected.
(4) During the existence of the retention of title, a pledge or
The goods are not assigned as security. You are obliged to pay us any seizure,
Report any damage or loss of the goods immediately.
§ 11 Payment
(1) The payment option is prepayment (by bank transfer, immediate transfer, PayPal,
BitPay), payment by credit card (VISA and MASTER card) and bill payment
(Requirement: positive credit check by the contractor or commissioned third party)
unless otherwise agreed in text form between the client and
contractor was met.
(2) When paying by credit card, the invoice amount will be debited before the start of production
client moved in.
(3) If the client refuses to accept the goods without justification, the
Contractor has the right to charge a flat-rate compensation fee of €20.00 (net).
If the client proves that the damage was less, this will be taken as a basis. The
Assertion of any damage going beyond this is not covered by this clause
(4) Invoices are payable immediately upon receipt without deduction, unless there is an agreement
in writing about other terms of payment.
(5) Both sales staff and technical staff are not authorized to
Collection in cash. Payments with a liberating effect can only be made directly to the
Contractor or a bank or postal check account specified by him.
(6) The contractor expressly reserves the right to accept checks or bills of exchange from others
reject monetary currencies. Checks and other currencies are accepted
always only on account of payment. Discount and bill of exchange charges are due immediately and are to be borne by the
(7) If the client has older debts with the contractor, the contractor
entitled to make payments initially to the older ones, despite provisions to the contrary
to offset the customer's debts. The contractor informs the client
about the settlement that has taken place. Costs and interest already incurred entitle the
Contractor, payment of the client first on the costs, then on the interest
and finally credited to the main service.
(8) A payment is only deemed to have been made if the contractor can dispose of the amount.
With regard to checks, payment is not deemed to have been made until the check has been cashed
and cannot be returned.
(9) In principle, for all orders, a reasonable advance payment or the position
security, e.g. by credit card or guarantee.
(10) If there is a significant deterioration in the financial situation after the conclusion of the contract
or the creditworthiness of the customer is known and the fulfillment of the
If the claim for payment is at risk, the contractor has the right to demand advance payments
demand to retain the goods and to stop further work. Based on this
contractual relationship further deliveries and the customer is also in contact with these
default, the contractor's right mentioned in this paragraph applies here as well.
(11) Only if a counter-request has been established as undisputed or legally binding is the
Client entitled to offset.
(12) Claims against the contractor are not assignable.
§ 12 Accounts, permits and changes
(1) All invoices issued by the contractor are subject to possible
errors. No later than six weeks after receipt of the invoices by the client
the contractor can create a new, corrected invoice.
(2) After six weeks from receipt of the invoice by the client, the
Invoice from this as accepted, unless the client submits within this period
within six weeks in writing and stating the item on the invoice that is the subject of the complaint
object to the contractor. This also includes desired
Changes in billing address or billing recipient.
(3) The period of six weeks does not affect the obligation to pay or the obligation to
Notice of defects within the shorter period specified in these General Terms and Conditions
Section 13 Patents, Copyrights and Trademarks
By placing the order, the client declares that he is entitled to the submitted
Duplicate and reproduce documents. Are by the execution of the
rights of third parties (in particular copyright, trademark or
patent rights) and if the client is responsible for this, he is liable for this
the contractor exclusively the client and provides the contractor from the
claims of third parties.
§ 14 Industrial property rights and copyrights
(1) The contractor reserves the right for all services provided by the contractor - in
Special to graphic designs, text and image marks, layouts etc. - the
industrial property rights and copyrights.
(2) The customer only pays for the respective ordered goods with his fee, but acquires them
no further rights to the industrial property rights, copyrights or others
Ancillary copyrights of the contractor. In particular, the client has no
right to reproduce the contractor's performance results or otherwise
reproduce. The non-exclusive, non-transferable and non-sublicensable right to
The customer can, however, be made to reproduce against payment of a fee as part of a
be granted separately in an agreement to be concluded in text form. Only with the
The contractor grants the client the right to pay the fee agreed there
non-exclusive, non-transferable and non-sublicensable reproduction rights. A
There is no entitlement to the conclusion of such a separate agreement.
(3) Intermediate products (e.g. printing plates, data, lithographs, etc.) that the contractor
Manufacturing the end product required by the customer must
Contractor not hand over to the client. The parties may separately
Agreements deviating from this in text form.
Section 15 Commercial usage
Unless a different order has been placed, the following apply in commercial transactions
trade customs of the printing industry. This includes, among other things, the non-existent
Obligation to hand over intermediate products such as data, printing plates or lithographs that
production of the end product owed.
Section 16 Confidentiality
The contractor from the client for the execution of the services under this
The information and materials provided under the contract are not considered confidential and
do not have to be treated confidentially by the contractor, unless the
Parties expressly agree otherwise in text form in individual cases.
§ 17 Data and order documents
(1) The contractor will collect personal data from the client (e.g. title, name,
address, telephone number, bank details) in an EDP system and automatically
process. The personal data will be used to process the contract,
insofar as this is necessary for the justification, content design or change of the respective
contractual relationship is required, e.g. to process the order, name and
Address of the client to the parcel service commissioned by the contractor
(2) Archiving of the order documents provided by the client (such as
Templates, samples, data or data carriers) is about the time of handing over the
end product to the customer only upon conclusion of a corresponding agreement
separate agreement in text form and only possible against separate payment.
(3) In the case of a follow-up order, the search for data in the archive (recovery from
data) as well as their decompression and preparation for further processing at a flat rate
calculated at €25.00 plus VAT for each archived print job.
(4) Other order documents (e.g. inspection copies, proofs) and data
CD/DVD/other data carriers cannot be returned.
§ 18 Final Provisions - Applicable Law, Jurisdiction and Partial Invalidity
(1) Are you a merchant, a legal entity under public law or under public law
special fund is the exclusive place of jurisdiction for all disputes arising out of or in
connection with this agreement Stuttgart. We are entitled to choose you
to sue your general jurisdiction.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention
on contracts for the international sale of goods (CISG).
(3) Contain the contract or these general terms and conditions
If there are gaps in the regulations, the legally effective regulations for filling them shall apply
Gaps as agreed by the two contracting parties according to the economic objectives
of the contract and for the purpose of these General Terms and Conditions,
if the loophole had been known.
(4) Should individual provisions of this agreement be ineffective or unenforceable
or become, this will not affect the validity and enforceability of the remaining provisions
Edinburgh, October 1st, 2023