General Terms and Conditions of Business of posterXXL AG (posterXXL)
- § 1 Scope
(1) The following General Terms and Conditions are an integral part of any contract between posterXXL AG, Infanteriestr. 11a / Geb. C, 80797 Munich, Germany, represented by its CEO Christian Schnagl, with registered offices at the above address (hereinafter: posterXXL) and the customer (hereinafter: Customer) and their respective legal successors.
(2) posterXXL renders services and delivers goods exclusively on the basis of its General Terms and Conditions.
- § 2 Contract / Performances
(1) The presentation of performances in particular in brochures, advertisements and on the internet does not constitute a binding offer by posterXXL.
(2) A contract is not concluded until confirmed in writing by posterXXL or until posterXXL has begun processing the order. Subsidiary agreements, changes and supplements are not valid until confirmed in writing by posterXXL.
(3) posterXXL reserves the right to refuse customer orders in individual cases. Customer orders may be refused in particular if the order deviates from the conditions posted by posterXXL, or if the customer is known to have a bad credit rating.
(4) Orders and delivery addresses outside of the United Kingdom will not be accepted. Any payments already made will be refunded, or credited to customer's credit card account.
- § 3 Copyright
(1) posterXXL is does not own the copyright to the posters offered on its internet site. The copyright owner is a partner of posterXXL or the customer who provides their own images.
(2) posterXXL has an unrestricted license for the images from the partner in question and is entitled to use the images in products offered to customers and to sell these products to customers, to grant customers the right to use the images and to transfer ownership of the products so that the products are free of third party rights.
(3) The posterXXL partner in question has additionally assured posterXXL that the use of the images described in paragraph 2 does not infringe on copyrights, other trademark rights. or other rights of a third party or third parties.
(4) The products sold may thus as such be used by the customer for private purposes only without time restriction and worldwide. Commercial re-selling in particular, but also any kind of reproduction, dissemination, publication, modification and processing of the product is forbidden.
- § 4 Customer's obligations
(1) Customer's data and image products are processed automatically within the framework of an automated technical process without prior manual controls and correction by posterXXL. In uploading files, customer confirms that he/she is entitled to disseminate and reproduce the content and materials in the file.
(2) Customer guarantees that the content and materials in the transmitted files do not contravene existing law.
(3) Customer pledges in particular a) not to transmit to posterXXL any illegal, seditious, racist originals, materials or content; or artwork, materials or content that promote violence, or propaganda, symbols of unconstitutional parties, or their replacement organizations; or guides to criminal acts; pornographic originals, materials or content depicting sexual abuse of children or sexual acts with animals; or discriminatory statements or depictions with respect to race, sex, religion, nationality, disability, sexual preference or age; b) not to contravene any laws relating to the youth protection, or penal law. This applies in particular to the legal stipulations of Sections 184 ff StGB (Dissemination of Pornography), 185 ff StGB (libel, defamation, slander) and to the provisions of the treaty on youth protection in the media; c) that the originals (in particular image and text files), content and materials transmitted to posterXXL do not infringe on copyrights, trademarks or other rights of any third party or parties, or infringe on the personal rights or any other rights of a third party or parties.
- § 5 Delivery, delivery period
(1) Delivery will be effected ex posterXXL warehouse, except where a written agreement to the contrary exists.
(2) Partial deliveries are permitted and shall be deemed independent deliveries, except in cases where customer cannot be reasonably expected to accept partial delivery. Customer will not be invoiced for the additional cost of partial delivery.
(3) posterXXL always strives to keep deadlines it quotes. Should posterXXL be in default, customer can withdraw from the contract based on the following provisions.
(4) The duration of the period of grace to be granted to posterXXL is hereby defined as two weeks. The period shall commence upon receipt of customers notice of default by posterXXL. The above shall not apply, in cases where customer cannot reasonably be expected to accept a delay in delivery, in cases of transactions with fixed deadlines, or the customers interest on granting a period of grace is abrogated by compelling, legally permissible reasons.
(5) In case of impairments in delivery beyond the control of posterXXL (in particular due to force majeure) and which were not negligently caused by posterXXL, posterXXL is entitled to withdraw from the contract, providing that the impairment to performance is not of a temporary nature, without being liable to provide compensation. During the period of impairment, posterXXL shall not be deemed in default. The purchase price paid will be refunded should posterXXL withdraw from the contract.
(6) Orders and services will only be processed and rendered by posterXXL if the customer is not arrears from other contracts. Payments will be credited against outstanding accounts, interest and costs first, in the temporal order of their due dates.
- § 6 Terms of payment
(1) The purchasing price is due immediately on conclusion of contract and will be debited from customer's account in advance. Direct debit transactions or debit entries against credit cards will be effected on completion of the order.
(2) All prices are quoted including VAT at current rates.
(3) Customer is entitled to pay by credit card or direct debit.
(4) Should customer fail to settle, and in particular reverse an effected payment, or should circumstances come to the attention of posterXXL that question customer's creditworthiness, posterXXL is entitled to demand immediate payment of all outstanding amounts.
(5) In case of returned debit notes in direct debit transactions, or reversed credit card transactions, posterXXL reserves the right to charge a reasonable handling fee in each case, except in cases where the customer is not responsible for the returned debit note or reversed credit card transaction.
(6) All shipping costs, especially for packing, transport costs, transport insurance and deliveries shall be borne by customer. All prices and surcharges are billed by posterXXL in line with the price lists valid at point in time of provision and handover to shipment.
(7) Should posterXXL be billed for additional shipping costs due to customer quoting an incorrect delivery address, or an incorrect addressee, said costs are to be borne by customer, except where customer is not liable for the incorrect statements.
- § 7 Retention of ownership
(1) Until all accounts have been settled, posterXXL reserves right of ownership on any goods delivered.
(2) Should the customer be in default of payment of the purchasing price, posterXXL reserves the right to repossess the items subject to retention of ownership after issuing a reminder and after the period of grace stated in the reminder has elapsed. This assertion of retention of ownership and the repossession or distraint of the goods by posterXXL shall not be deemed as a withdrawal from the contract, except in cases where compelling legal reasons, in particular the provisions governing consumer credit mandate the contrary.
- § 8 Warranty / Passing of risk
(1) Information, drawings, figures, technical data, weights, measures and descriptions of features published in brochures, catalogues, circular letters, advertisements or price lists are for information purposes only. posterXXL accepts no liability for the accuracy of these details. The type and scope of delivery are subject only to the details specified in the order and confirmation of order.
(2) No guarantee is given against fading or for the waterproofing capability of printed products, except in cases where a written guarantee to the contrary is issued (e.g. UV coated printing process or lamination). posterXXL points out that printed products are designed exclusively for use in closed rooms.
(3) The designations and specifications laid down on conclusion of the contract represent the state of art at that time. Minor technical deviations (especially with respect to cropping and colour of the print) of the goods delivered compared to the goods advertised are permissible and do not represent a defect as long as they are typical for the industry and do not impede the contractually agreed purpose. Cropped images may differ slightly, but not significantly, from the specified size as is typical for images in stock frames. Minor, differences in printed colors that are typical for the industry may occur if the customers display is not calibrated to represent true colors. Black / white prints contain a minor color tint that is typical for the industry due to color printing processes. Complaints, credit notes and replacement prints based on these claims are excluded, except where deviations are above and beyond the norm for the industry.
(4) The limitation period for claims against warranty for defects is 24 months. If the customer is a business owner (Sect. 14 BGB), the period is 12 months.
(5) For business owners, the legal provisions, duty to inspect and duty to claim apply in line with HGB.
- § 9 Limited warranty
(1) Except in cases of damage to life and limb, and serious breach of contract, posterXXL shall be liable only for damage caused by deliberate act or gross negligence. This applies also to immediate consequential damage such as lost profits.
(2) Liability towards consumers, except in cases of deliberate act or gross negligence, or damage to life and limb, and serious breach of contract, is restricted to damage typically foreseeable on conclusion of the contract, and limited to the average amount of damages typical for this form of contract. This applies also to immediate consequential damage such as lost profits.
(3) Liability towards companies, except in cases of deliberate act or gross negligence, or damage to life and limb, and serious breach of contract, is restricted to damage typically foreseeable on conclusion of the contract, and limited to the average amount of damages typical for this form of contract. This applies also to immediate consequential damage such as lost profits.
(4) The liability limitations in paragraphs 1 to 3 applies in kind in favour of the staff and agents of posterXXL.
(5) This doe not affect your statutory rights under product liability law.
- § 10 Data protection
Data protection is governed by posterXXL's data protection statement.
- § 11 Right of revocation and instructions
11.1. Right of revocation
Any customer has the right to revoke his / her contractual statement within 2 weeks, without stating reasons, in writing (e.g. letter, e-mail, fax) or by returning the goods, if these goods are dispatched to the customer within the revocation period. The revocation period commences after receipt of these instructions in written form, however, not before receipt of goods by the customer (for repeat deliveries of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our obligation to instruct pursuant to Section 312c para. 2 BGB in combination with Section 1 para1, 2 and 4 BGB-InfoV and our obligations pursuant to Section 312e para. 1 sentence 1 BGB in combination with Section 3 BGB-InfoV. In order to observe the revocation period, you must give notice of revocation, or return the goods, within the revocation period. Please address notice of revocation to: posterXXL AG, Infanteriestr. 11a / Geb. C, 80797 Munich, Germany, Fax: 089 - 360 359 25, email: service@posterXXL.de. You are not entitled to right of revocation in case of deliveries manufactured to your specifications, or obviously customized to meet your personal requirements, or whose characteristics make them unsuitable for returning.
11.2. Consequences of revocation
In case of valid revocation, all considerations received by either party and any utilization (e.g. interest)shall be returned. If you are unable to return the goods/services provided in full or in part, or only in impaired state, you may be obliged to provide compensation for lost value. This does not apply in case of goods provided, if the deterioration of the goods is exclusively due to testing the goods in a way which would be possible in e.g. a retail sales outlet. You can avoid being held liable to provide compensation for lost value in case of orderly use of an item, by not using the item as if it were your own property and avoiding any actions that could impair the item's value. Goods which can be returned as packages must be returned at our risk. You must bear the cost of return mail if the goods provided are as ordered and if the price of the goods to be returned is less than £40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. Return mail is otherwise free of charge for you. Goods which cannot be returned as packages will be picked up from your address. Obligations to refund payments must be fulfilled within 30 days. This period commences for you when you issue notice of revocation, or dispatch the goods, and for us on receipt of the same.
End of right of revocation statement
- § 12 Destruction of transmitted material
(1) All originals and documents sent by customer to posterXXL for performance of the order, and especially digital storage media, are not returned by posterXXL, but destroyed after fulfilling the contract. On express request by the customer, posterXXL will return the documents submitted by the customer to the customer. The customer must bear the costs of return shipment.
(2) posterXXL reserves the right to create a backup copy, especially of customers originals, materials and content submitted by digital means, in order to comply without delay with customers request for remedying of defects. The data in the backup copy will be used by posterXXL only for the purpose of remedying defects. After the warranty period has expired, posterXXL will immediately destroy the backup copy.
- § 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This does not affect mandatory provisions of the state in which the customer has his/her place of abode.
(2) If the customer is a business owner, a body corporate under public law, or a special fund under public law, or does not have a general court of jurisdiction in Germany, or moves his/her/its abode to a foreign country after conclusion of the contract, or if the place of abode is unknown at the time of bringing an action, the court of jurisdiction and place of performance shall be posterXXLs registered offices.
(3) If any provision of this Agreement is invalid, this shall not affect the enforceability of the remaining provisions.