General terms and conditions

Scope of Contract

The following Terms and Conditions conclusively govern the contractual relationship between Akiwo HB , hereinafter called Vendor, and the respective Customer.
These General Terms and Conditions shall apply exclusively. The Customer’s terms and conditions that oppose or deviate from these Terms and Conditions shall not apply, unless the Vendor has expressly agreed to them in individual cases.

Scope of Contract

Object of each Contract is the sale of goods by the Vendor to the Customer, in particular, the sale of ribbon with print.
The Vendor either offers these goods for sale on its website as pre-produced goods (standard goods) or produced in accordance with the Customer’s requests and specifications (Customer specifications).

Conclusion of Contract, contractual language

On the website, the Customer can either purchase the goods offered (standard goods) or place a special production order according to Customer specifications.

When ordering standard goods, the Customer shall receive an order confirmation after the order has been transmitted that restates Customer details and the order. This order confirmation does not constitute an acceptance of a contractual relationship. A valid purchase agreement is only established when an acceptance or shipping confirmation has been transmitted.
When placing a custom order as per Customer specifications, the Customer shall initially make a non-binding inquiry by supplying the Vendor with the exact specifications for the custom production requested. Thereupon, the Vendor shall provide a non-binding quotation, which states the expected material and labour costs for the custom production. The Contract is only concluded when the Vendor has received the Customer’s declaration of acceptance.

The Contract shall be concluded in German.

Scope, conclusion of Contract

The following terms and conditions shall apply to all present and future transactions between us and the principal in the course of all business with traders, even if we have not objected to opposing terms of purchase or conflicting confirmations, which we herewith expressly reject. The latest version of our terms of delivery and payment shall apply. Our offers are subject to change. All agreements only become valid when confirmed by us in writing. Obvious errors in offers, including calculation and spelling mistakes, are not binding and may be corrected.

Implementing the Contract, shipping costs

All prices listed are gross Euro prices plus possible incidental packaging and shipping costs. The shipping costs that are born by the Customer from the location of the Vendor’s branch office, are listed in the shipping cost table, which is accessible on the Vendor’s WebPages at Shipping cost
The purchase price must be paid in advance.
The Vendor undertakes to send the goods to the Customer by post or freight forwarder without delay after the Contract has been concluded and the purchase price paid in full. Partial deliveries are permissible, if this is acceptable to the buyer.
In principle, information on delivery times is not binding, unless a specific delivery date has been agreed upon in writing
The Vendor reserves the right to withdraw from the Contract and reimburse possible payments, if the goods ordered are not available. In this case, the Customer shall be informed of the unavailability of the goods immediately. Here the Vendor reserves the right to offer goods that are equivalent in price and quality with the aim of concluding a new contract for the purchase of the goods that are equivalent in price and quality.
In the case of a mutual business transaction in terms of the Commercial Code, the Customer shall check the goods immediately after delivery, particularly with regard to completeness of the goods as well as their functional integrity. The Vendor must be notified immediately, if defects are discovered or are easily noticeable. A detailed description of the defect must be included. Should the Customer fail to make this notification, the goods shall be deemed accepted, unless the defect was not identifiable during the inspection.
In the case of a mutual business transaction, the Vendor must be notified immediately, when defects that were not identified during the proper examination according to paragraph 6, are discovered; in other cases the goods are deemed accepted despite such defects.
Proofs must be checked for factual correctness and completeness. The principal’s printing authorisation releases us from responsibility for printing errors. With regard to the data supplied, the principal is responsible for the content and the factual and technical accuracy of documents.
Tolerances, permissible are

insignificant technical changes and insignificant changes to material properties
insignificant colour tolerances
excess or short deliveries of up to 10% of the quantity ordered
quality fluctuations

Obligation of inspection of goods and notification of non-conformity

Goods must be checked as soon as they arrive at their destination, even if samples are transmitted. The delivery is deemed accepted, if visible defects or those unnoticeable during proper inspection are not notified in writing before further processing or within a cut-off period of 8 days after goods have reached their destination. Should the goods be incomplete, notification of this must be made immediately.

Warranties, defect claims, consumer remedy

Declarations of warranty must be expressly specified as such on the order confirmation or agreed in writing afterwards. Statements about the properties of our goods, their processing and use, about specific measurement accuracy as well as complying with DIN requirements shall only become a guarantee of properties, if these have been expressly agreed upon in individual cases. Defect claims are excluded for differences in quality, size, thickness, weight and others, when such differences do not exceed deviations normal for the industry or material, in particular, if they lie within the above tolerances (IV.) or within the tolerances of product guidelines or norms. We are not liable for defects that can be traced back to improper use or wear and tear. All defect claims are excluded if the principal or a third party has effected repairs or made other changes without our approval. In the case of justified defects that have been claimed in time, we may choose either remedy or replacement delivery. We are entitled to an adequate time period for replacement delivery, in particular for procuring the replacement goods. If the defect does not affect the usability and is not significant, we are entitled to grant abatement instead of remedy. A prerequisite for further claims from the principal is that we are behind schedule with the remedy due of significant defects, and an adequate extension of time has expired unsuccessfully or two attempts at remedy have failed. We are also entitled to provide remedy after the extension has expired, until we receive a clear declaration from the buyer, which expressly rejects further performance. If justified claims are not discovered despite proper inspection, the principal is also entitled to the damage claims established above, after the goods have already been processed. In these cases the right of recourse shall apply even after the deadline to make notification of defects has expired. The principal must bear the costs that would not have been incurred had sufficient provisions for the remedy towards the end user been made.

Fixed dates, delivery times, consequences of delay

Delivery times are only binding if we have confirmed them. It is impossible for us to examine the content of all print orders. Therefore, fixed delivery dates should also be expressly agreed upon, if a term can be determined from the content of work required. In the case of delay, we are entitled to perform until the buyer expressly requests compensation in lieu of performance. The compensation claim for damages due to delay as well as compensation in lieu of performance are limited to value of the order, unless we or our vicarious agents are culpable of gross negligence or intent.

Right of withdrawal

If the Customer is the consumer, he may withdraw his declaration of agreement without stating reasons within 14 days in text form (e.g. letter, fax, Email) or by returning the object – if it had been conveyed before the deadline expired. The term begins after these instructions have been received in text form but not before the buyer receives the goods (in the case of repeat deliveries of the same goods, before the first part delivery) and also not before the Vendor has fulfilled the duty to inform pursuant to Article 246 (2) EGBGB [Introductory Law to the German Civil Code] in conjunction with Article 1 (1) and (2) EGBGB as well as its duties pursuant to Article 312e (1) Sentence 1 BGB [German Civil Code] in conjunction with Article 246 (3) EGBGB. In order to maintain the withdrawal deadline, it is sufficient to send the withdrawal or the object on time.

In the case of a valid withdrawal, mutually received payments must be reimbursed and possible capitalised use (e.g. interest) released. If the Customer cannot return the work received to the Vendor or only in an impaired condition, he must pay compensation for lost value. This does not apply to work that has been delivered, if the impairment of the goods can be traced exclusively to their inspection – which would have been possible in the Customer’s store. Otherwise the Customer can avoid the duty to pay compensation for loss of value due to impairment through proper utilisation, by not treating the object as his property and avoiding anything that may lower its value. Objects that can be sent in a package must be returned at the Vendor’s risk. The Customer must pay the cost of dispatching, if the goods delivered correspond to the goods ordered and if the price of the object to be returned does not exceed € 40.00 or if the Customer has not yet provided return service or at the time of withdrawal not made an agreed part payment at a higher price of the object. Otherwise the Customer does not have to pay for the return. Objects that cannot be sent in packages shall be collected from your premises. Obligations to reimburse payments must be met within 30 days. For the Customer the term begins when he has sent his declaration of withdrawal or the object, for the Vendor when it receives them. The right of withdrawal is excluded in the case of Article 312d (4) No. 1 BGB, especially for goods produced according to Customer specifications or that obviously point to personal requirements.

End right of withdrawal
Agreement on the cost of return when exercising the right to withdrawal: Should the Customer be a consumer and not a company and the Customer exercises his right of withdrawal according to Article 312d (1) Sentence 1 BGB, he must pay the cost of dispatch, if the goods delivered correspond to the goods ordered and if the price of the object to be returned does not exceed € 40.00 or if the Customer has not yet provided return service or at the time of withdrawal not made an agreed part payment at a higher price of the object.

Liability, indemnity

The Vendor assumes unlimited liability for damages caused through intent or gross negligence, in the case of fraudulent concealment of defects, when the properties have been guaranteed, for claims based on the product liability law as well for loss of life, bodily harm or damage to health.
The Vendor is not liable for other damages, if these were caused through slight negligence of the Vendor, a legal representative or vicarious agents. If duties have been violated, whose fulfilment actually enables the Contract to be properly implemented and on which the Customer can usually rely (cardinal duty), the Vendor is liable for damages, limited to the replacement of damages typical for the contract and foreseeable, if these were caused through slight negligence.
If the Customers has goods ordered and delivered according to customer specifications, the Customer shall be responsible that the goods do not infringe third party property rights, in particular the right to a name or a brand. The Customer shall release the Vendor from third party claims in this regard.

If a third party asserts claims against the Vendor on the grounds of an alleged infringement of rights, the buyer is obligated to participate in the legal defence and for example prove that licences or overriding rights exist.
The Vendor is entitled to acknowledge claims from third parties and request legal recourse from the buyer, if the buyer does not prove the existence of overriding rights in time and does not provides sufficient security for the costs of proceedings in advance.
The buyer must reimburse any expenses and damages to the Vendor incurred through the justified assertion of third party claims or those acknowledged according to (b), in particular costs for legal proceedings, damages paid or damages from the sequestration or destruction of the goods.

Binding provision of the product liability law shall remain unaffected. On the basis of legal provisions we shall be liable in the case of warranty violations, personal injury or if we ourselves, our legal representatives or vicarious agents are culpable of intent or gross negligence. Should we violate an essential contractual duty, our obligation to replace material damage is limited to the replacement payment from our liability insurance. On request, the principal shall receive evidence of our insurance cover. Additional claims are excluded

Warranty

In principle, the Vendor shall be liable in accordance to the legal provisions of the law of sales (Article 433 et seq. BGB).
The warranty period for the rights from Article 437 BGB shall be 12 months from the start of the legal limitation period, if the Customer is a consumer, otherwise a warranty period of 2 years from the start of the legal limitation period shall apply.
If the Customer asserts a damage claim against the Vendor, the Customer has the right to remedy, i.e. removal of defect or delivery of an object free from defects. Any further rights due him from Article 437 BGB shall remain unaffected. The Vendor may reject the type of remedy chosen by the Customer without prejudice to Article 275 (2) and (3), if this is only possible at disproportionate costs. Here the value of the object in a defect-free condition and the significance of the defect must be taken into consideration as well as the question if another type of remedy can be reverted to without causing substantial damage to the Customer. In this case, the Customer’s claim is limited to the other type of remedy; the Vendor’s right to also reject this as set out in sentence 1, shall remain unaffected. If the Customer is not a consumer, the choice of either remedy or delivering a defect-free object rests with the Vendor.
If the Vendor delivers a defect-free object as remedy, it is entitled to demand that the Customer return the defective object according to Articles 346 to 348 BGB.
If an inspection of the claimed goods reveals that there is no defect for which the Vendor is responsible, the Vendor reserves the right to claim the expenses incurred by the unjustified claim, especially transport and inspection.

Terms of payment, default and retention of title

The goods delivered remain the Vendor’s property until full payment has been made. The purchase price becomes due for payment as soon as the purchase contract has been concluded.
Should the Customer not be a consumer, the Customer shall default if he has not made payment within 30 days. Consumers also default within 30 days after due date, if this consequence is stated on the invoice or on the request for payment.

The copyright and the right of duplication using any procedure and the right to use own sketches, layouts, originals, artwork and the like in any way whatsoever remains with us.

Cost of samples etc.

Sketches, layouts, test settings, test prints, sample and other preliminary work commissioned by the principal are invoiced even if the respective order is not placed.

Data protection

The Customer is aware and agrees that his personal data necessary to process the order is stored on data carriers. He expressly agrees that his personal data may be collected, processed and used. The Customer has the right to withdraw his consent at any time effective in the future. In this case, the Vendor undertakes to immediately delete the personal customer master data, unless an order has not yet been fully processed. The data is deleted by taking the limitations of the revenue office into consideration.

Legal notice

We may indicate our company on the contractual goods in an appropriate manner.

Final provisions

German law exclusively shall govern these General Terms and Conditions and each purchase contract concluded, excluding CSIG, if the Customer is not a consumer.
If the Customer is a registered trader, legal person or special fund under public law, it is agreed that Wuerzburg shall be the place of jurisdiction for all disputes arising from or in connection with this contract.
The Customer only has the right to setoff or abatement, if his counterclaim has been legally established, is undisputed or the Vendor has accepted it. If one or more clauses of these General Terms and Conditions are ineffective, either in full or in part, the validity of the remaining provisions shall not be affected.