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General Terms and Conditions

 

 

 

§1 Scope of application

 

Business relations between CEWE LUXEMBOURG and the customer shall be governed exclusively by the following General Terms and Conditions in the version available on the Internet at the time the order is placed. These can be saved on the customer's computer and/or printed out for the purpose of the online order.

 

 

 

§ 2 Contractual partners

 

The contractual partner of the customer is CEWE Benelux S.A., Generaal De Wittelaan 9/9, 2800 Mechelen, Belgium.

 

 

 

§ 3 Conclusion of contract

 

By sending digital templates in file form ("image files"), the customer places an order with CEWE for the production of images and/or articles provided with images ("goods"). CEWE shall immediately confirm receipt of the order to the customer by e-mail. The confirmation of receipt of the order does not constitute acceptance. The contract shall be concluded when the order placed by the customer via the Internet is accepted by delivery of the goods or by notification of delivery.

 

 

 

§ 4 Prices

 

The goods shall be delivered at the prices in euros stated on CEWE's website and valid on the day the order is placed. The price is made up of the order value, shipping costs and other price components and includes the applicable statutory VAT. Additional customs duties may be incurred for shipments to countries outside the European Union. These are not included in the price and must be paid by the customer.

 

 

 

§ 5 Delivery, dispatch

 

The goods shall be delivered or collected in accordance with the provisions set out in the ordering software or on the website, unless otherwise agreed between the customer and CEWE.

 

 

 

§ 6 Payment When placing the order, the customer shall indicate whether he wishes to pay by direct debit, credit card or against invoice. In the case of payment against invoice, the invoice amount must be paid by the customer within 7 days of delivery of the goods. If a direct debit from the customer's account fails for reasons for which the customer is responsible, the customer shall reimburse the bank processing fees incurred as a result of the chargeback.

 

 

 

§ 7 Offsetting

 

Offsetting by the customer is only possible if his counterclaims have been legally established, are undisputed or have been recognised by CEWE.

 

 

 

§ 8 Retention of title

 

The good shall remain the property of CEWE until all goods from the same order have been paid for in full.

 

 

 

§ 9 Right of cancellation and return

 

The right of cancellation and return for distance selling contracts in accordance with Section 312 d (1) BGB is excluded in accordance with Section 312 d (4) No. 1 BGB, as the goods are manufactured according to the customer's specifications and are tailored to his personal needs.

 

 

 

§ 10 Claims for defects

 

If the goods are defective, the customer shall be entitled to choose between subsequent fulfilment in the form of rectification of defects (subsequent improvement) or delivery of a new item free of defects (subsequent delivery). However, CEWE shall be entitled to refuse the chosen type of subsequent fulfilment if this can only be carried out at disproportionate cost and if the other type of subsequent fulfilment would not entail any significant disadvantages for the customer. If the subsequent fulfilment has failed, the customer may, at his discretion, declare his withdrawal from the contract or reduce the purchase price.

 

 

 

§ 11 Liability CEWE shall be liable for damages caused by intentional or grossly negligent behaviour of CEWE, a representative or vicarious agent in accordance with the statutory provisions. Otherwise, CEWE shall only be liable to the customer in accordance with the Product Liability Act, on the basis of a guarantee assumed, due to injury to life, body or health or due to the culpable breach of cardinal obligations (essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely). In the event of a breach of cardinal obligations, the customer's claim for damages shall be limited to the foreseeable damage typical of the contract, unless another of the exceptional cases mentioned in sentences 1 and 2 of this paragraph applies at the same time.

 

 

 

§ 12 Data protection,

 

Data security With regard to the regulations concerning data protection and data security, reference is made to the separate data protection declaration, which the customer can save on his computer and/or print out for the purpose of the online order. If necessary for the complete processing of the orders, the personal and image data collected when the order is placed will be passed on to subsidiaries of CEWE Benelux S.A..

 

 

 

§ 13 Copyrights, criminal law

 

The customer shall be solely responsible for the content of the transferred image files. He must ensure that he holds the necessary copyrights, trademark rights or other rights for all image files transferred to CEWE as well as for the use ordered. All consequences arising from any infringement of these rights shall be borne solely by the customer. The customer shall be obliged to indemnify CEWE against all justified claims asserted against third parties due to the infringement of their rights as a result of the processing, reproduction and utilisation of the transferred image files in accordance with the order placed. The customer warrants that the contents of the transmitted image files do not violate applicable prohibition standards, in particular the provisions on the dissemination of child pornography (Sections 184 et seq. of the German Criminal Code). Should CEWE become aware of any violations of this warranty, CEWE shall immediately involve the competent law enforcement authorities.

 

 

 

§ 14 Final provisions The law of the Benelux shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected. If the customer has no general place of jurisdiction in Germany or if he has moved his place of residence abroad after conclusion of the contract or if his place of residence is not known at the time the action is filed or if the customer is a merchant and acts in this capacity, the place of jurisdiction for all disputes shall be CEWE's registered office. Should individual provisions of this contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.