GTC

GTC

WENZEL is prepared to participate in dispute resolution proceedings at a consumer arbitration board. The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find. Consumers can use this platform to resolve their disputes.

I. GENERAL
§ 1 General applicability
(1) Orders placed with WENZEL GmbH druck-kopie-media shall be executed exclusively on the basis of these General Terms and Conditions (GTC). The version valid at the time the contract is concluded shall be authoritative.
(2) Any deviation from these GTC must be made in writing.
(3) Counter-confirmations by the client with reference to its terms and conditions are hereby rejected.
(4) Our GTC shall also apply to all future transactions with the same client.

II. OFFERS
§ 2 Type of offer
Offers within the meaning of these GTC are all descriptions of products and services which WENZEL GmbH druck-kopie-media produces or performs for third parties on their behalf and which are sent to a specific recipient in the form of individual written price and service descriptions at the latter's request. They apply ex works and do not include packaging, freight, postage, insurance and other shipping costs. WENZEL only sends quotations by e-mail.

§ 3 Offers to multiple recipients
Offers within the meaning of these GTC are also those published in the form of advertising mailings (catalogs, price lists, mailings), in the press, radio and television or in electronic form (by e-mail or on the Internet) and addressed to a large number of recipients.

§ 4 Assurance of properties
(1) The subject matter of the contract is always the goods as described in the offer by WENZEL GmbH druck-kopie-media.
(2) Other or more extensive properties and features or a purpose of use going beyond these shall only be deemed to have been agreed if they have been confirmed in writing by WENZEL GmbH druck-kopie-media.
(3) The information provided in public offers in accordance with § 3 - in particular drawings, illustrations, dimensions, weights and other services - are only to be understood as approximate values and do not constitute a guarantee of properties unless they are agreed in writing as binding.
(4) Declarations by WENZEL GmbH druck-kopie-media in connection with the order placed/contract concluded (e.g. service description, reference to DIN standards etc.) do not contain the assumption of a guarantee. In case of doubt, only written declarations by WENZEL GmbH druck-kopie-media regarding the assumption of a guarantee shall be authoritative.

§ 5 Order data as the basis for the offer
The prices and conditions stated in individual offers in accordance with § 2 refer only to the order data on which the offer is based.

§ 6 Reservation of changes
Offers are subject to change and are not binding on WENZEL GmbH druck-kopie-media. Service descriptions and prices are subject to change at any time without prior notice.

III. PLACING AND ACCEPTANCE OF ORDERS
§ 7 Communication with the customer
(1) When placing the order at the latest, the client must provide an address for electronic mail (e-mail address), the technical functionality of which he guarantees from the time the order is placed until the final completion of the order. This e-mail address shall also be tacitly valid for future orders until revocation or notification of change by the client.
(2) WENZEL GmbH druck-kopie-media is entitled, but not obliged, to send notifications of any kind - including those which are of essential importance for the contractual relationship and the proper execution of the contract - by means other than electronic mail. In particular, the customer may neither demand that notifications be sent to him by telephone, letter, telecopy (fax) or mobile telephone services such as Short Message Service (SMS), nor successfully claim ignorance in the absence of notifications by such means of communication if WENZEL GmbH druck-kopie-media has sent the notification to the e-mail address in accordance with paragraph 1.
(3) Communications from WENZEL GmbH druck-kopie-media sent by e-mail to the e-mail address specified in paragraph 1 shall be deemed to have been received by the customer after they have been sent. WENZEL GmbH druck-kopie-media shall only be liable for transmission errors if their cause lies within its own sphere of responsibility. The customer shall be entitled to prove that a message sent to him was not received by him for reasons outside his sphere of responsibility.
(4) WENZEL GmbH druck-kopie-media is regularly not obliged to notify the customer of missing, incorrect or non-functional e-mail addresses within the meaning of paragraph 1. However, the customer shall be entitled to prove that such notification would have been technically possible and reasonable.

§ 8 Binding nature of the order
Orders within the meaning of these GTC are binding requests by the client for the conclusion of a contract within the meaning of § 145 BGB. They can be placed in writing by post, by fax or by e-mail, verbally or by telephone as well as by transmitting the order data on the Internet ("online store").

§ 9 Order by sending the print documents
The sending of print documents in any form, in particular by electronic transmission or on data carriers, shall be deemed to be an order if the intention is recognizable that printed matter is to be produced in a certain quantity and quality on the basis of this data. If the customer has not provided any further information, the price customary at WENZEL GmbH druck-kopie-media and the next feasible completion date in the production planning shall be deemed to be part of the order.

§ 10 Acceptance of the order
The contract is concluded when the order has been received and accepted by WENZEL GmbH druck-kopie-media. The sending of an order confirmation as well as the commencement of the work associated with the execution of the order shall be sufficient for acceptance.

§ 11 Acceptance of the order without declaration of acceptance
By placing the order, the customer waives a declaration by WENZEL GmbH druck-kopie-media of acceptance of its order within the meaning of § 151 BGB. In the event that this waiver is ineffective, the contract shall be deemed concluded upon receipt of the WENZEL GmbH druck-kopie-media order confirmation by the customer.

§ 12 Order confirmation as a new offer
If the WENZEL GmbH druck-kopie-media order confirmation deviates from the order in material respects, it shall be deemed a new offer. In this case, the approval of this order confirmation by a declaration to the same effect by the customer shall be deemed to be acceptance of the offer and thus the conclusion of the contract.

§ 13 Conclusion of contract through acceptance of delivery or service
The contract between WENZEL GmbH druck-kopie-media and the customer shall be deemed to have been concluded at the latest upon acceptance or use of the goods supplied by WENZEL GmbH druck-kopie-media or the service provided by WENZEL GmbH druck-kopie-media by the customer or the third party designated by the customer.

§ 14 Withdrawal from the contract by WENZEL GmbH druck-kopie-media
WENZEL GmbH druck-kopie-media shall not carry out any orders which violate legal regulations or infringe the rights of a third party and in such cases shall have the right to withdraw from the contract. WENZEL GmbH druck-kopie-media also declares a right to withdraw from the contract if, during the fulfillment of the contract, services are to be provided subsequently at the customer's request without these being the subject of the contract and without these having been declared in writing by the customer prior to the conclusion of the contract. In this case, the customer shall owe WENZEL GmbH druck-kopie-media the agreed remuneration less any expenses saved.

IV. PRINT STANDARD, PRINT SAMPLE, PRINT APPROVAL, CUSTOMER MATERIALS
§ 15 Printing standard
The production of printed matter commissioned for offset printing is carried out in accordance with the standardization for offset printing with process colors developed by the Research Institute of the Graphic Arts Industry (FOGRA) together with the German Printing and Media Industries Federation (bvdm) and defined in DIN ISO 12647.

§ 16 Sample
WENZEL GmbH druck-kopie-media is not obliged to take note of or retain unsolicited printouts of the print data. The same applies to other samples, e.g. folding or processing samples, color samples, print products from previous orders, regardless of whether these were produced by WENZEL GmbH druck-kopie-media or by other printing companies.

§ 17 Color proofs
(1) The customer may request WENZEL GmbH druck-kopie-media to produce a digital printout of the print-ready data converted for the print run and thus a near-color simulation of the print run for a special fee.
of the subsequent print result (color proof).
(2) If the customer does not request the production of a color proof print by WENZEL GmbH druck-kopie-media for a fee or if he refuses to check a color proof print produced for him free of charge, the risk for all defects that would have been avoided if the customer had produced and checked the print shall pass to him.

§ 18 Proofs
(1) The customer may also request WENZEL GmbH druck-kopie-media to produce a color proof print in accordance with the specifications set out in
§ The customer may request a digital printout of the print-ready data converted for the print run (standard proof according to media standard, standard proof).
(2) The proof is a color-binding template for the print result within the tolerance limits caused by the different properties of the device and printing stock compared to the print run and within the framework of the standard specified in § 15.
(3) A color accuracy to your original artwork (proof, HKS, RAL, Pantone etc...) cannot be guaranteed, in digital printing only approximately your specifications can be printed. Color deviations and slight streaking due to printing technology are possible. Therefore, color deviations or slight streaking do not justify a complaint. For your safety, we recommend a test print. Costs 30.00 Euro / pc. up to A 2 size or delivery of the print data on CD with color printout.

§ 19 Machine proofs
(1) The customer may also request from WENZEL GmbH druck-kopie-media a press proof on the press intended for printing the entire print run (press proof) instead of a color proof (§ 17) for a special fee.
(2) The machine proof shall be produced on the substrate agreed in the order and shall be a color-binding template for the subsequent print result within the limits of the current state of printing technology.

§ 20 Customer materials
(1) WENZEL GmbH druck-kopie-media shall, at the customer's request, carry out printing, scanning, gluing, foiling and other services on customer materials and customer objects. The customer must describe the exact nature and condition of the customer items in advance.
(2) In the case of stickers or foils, the surfaces of the customer's items must be cleaned in advance by the customer and freed of any surface sealants, dirt, waxes, stickers and other materials.
(3) The customer materials must be checked for damage before handover.
(4) The Contractor cannot provide any guarantee for the success of the contractual service for customer goods.

§ 21 Imprimatur
(1) Approval for printing and production (imprimatur) shall be deemed to have been granted upon transmission of the print data. The condition of the print data at the time of its receipt by WENZEL GmbH druck-kopie-media shall be decisive for the obligations of WENZEL GmbH druck-kopie-media in the subsequent production process, unless a color proof, a proof or a machine proof is created.
(2) WENZEL GmbH druck-kopie-media shall be entitled to process the customer's print data automatically without viewing the data after output on a PC output device (screen, printer). However, the customer shall have the right to have his data viewed by WENZEL GmbH druck-kopie-media and checked for certain errors (data check) for a special fee.
(3) If WENZEL GmbH druck-kopie-media is commissioned to produce a color proof, a proof or a press proof, the imprimatur shall be deemed to have been granted if the customer does not immediately object to it after the color proof, the proof or the press proof has been produced.
(4) The risk of any errors shall be transferred to the client with the imprimatur, unless the errors occurred or could only be detected in the production process following the imprimatur. The same shall apply to all other declarations of release by the client.

V. SPECIAL REMUNERATION
§ 21 Remuneration in the event of changes to the order
Any changes made by WENZEL GmbH druck-kopie-media after acceptance of the order shall be invoiced including any machine downtime caused as a result. Subsequent changes shall also include repetitions of test proofs requested by the customer due to minor deviations from the original, as well as any changes to the commercial order data, in particular the invoice recipient, the delivery address, the shipping method or the method of payment. In addition to the regular remuneration, a processing fee of EUR 9.00 per change will be charged in these cases.

§ 22 Preliminary work initiated by the client
Sketches, drafts, test typesetting, test prints, proofs and similar preparatory work arranged by the customer, as well as the checking, modification or transfer of print data provided, shall be invoiced in accordance with the conditions applicable at WENZEL GmbH druck-kopie-media, even if no print order is placed.

§ 23 Preliminary work without the client's request
(1) WENZEL GmbH druck-kopie-media shall be entitled, but not obliged, to carry out necessary preparatory work, in particular work on the print data, independently without consulting the customer if this is in the customer's economic interest or serves to meet the completion date of the order. Such work shall be invoiced according to the time required.
(2) If the costs of the additional work invoiced in accordance with paragraph 1 do not exceed ten percent of the agreed remuneration, the client shall be deemed to have agreed to bear these additional costs even without consultation with him.
(3) The client's consent is required for the assumption of additional costs incurred by the client due to the execution of preliminary work in accordance with paragraph 1 and which exceed ten percent of the agreed remuneration for the order.

§ 24 Remuneration in the event of withdrawal from the contract
(1) If WENZEL GmbH druck-kopie-media withdraws from the contract for good cause or if the customer withdraws from the contract without good cause entitling it to do so, WENZEL GmbH druck-kopie-media shall be entitled to the agreed remuneration for the order less any expenses saved. The customer shall be at liberty to provide evidence of lesser damages.
(2) Good cause within the meaning of paragraph 1 shall be deemed to exist in particular if the customer fails to provide the print data on time and fails to do so even after a reminder has been issued by WENZEL GmbH druck-kopie-media setting a reasonable grace period.
(3) An important reason within the meaning of paragraph 1 shall also be if the customer fails to make the advance payment (prepayment) owed on time and fails to do so even after a reminder setting a reasonable grace period by WENZEL GmbH druck-kopie-media.

§ 25 Shipping costs
Packaging, freight, postage, insurance and other shipping costs
are to be replaced or reimbursed to WENZEL GmbH druck-kopie-media.

VI. PRINCIPLES OF ORDER EXECUTION

§ Section 26 Trade usage
In commercial transactions, the commercial practices of the printing industry shall apply (e.g. no obligation to hand over intermediate products such as data, lithographs or printing plates that are created to produce the final product owed), unless otherwise agreed in writing.

§ 27 Exclusion of the duty to inspect
Deliveries of any kind by the customer or by a third party engaged by the customer - this also applies to data carriers and transferred data - are not subject to any obligation to check on the part of WENZEL GmbH druck-kopie-media.

VII. COMPLETION DATES
§ 28 Non-binding nature of planned completion dates
The dates for completion of the order stated in the offer or in the order confirmation correspond to the respective planning status. They are non-binding as estimated completion dates.

§ 29 Exclusion of compensation
Claims for damages by the customer or third parties due to non-compliance with binding deadlines by WENZEL GmbH druck-kopie-media are expressly excluded, unless the customer has threatened this in writing, setting a further reasonable deadline, or it is a fixed deadline.

§ 30 Time limit for performance or subsequent performance
If the expected completion date is not met, WENZEL GmbH druck-kopie-media shall be set a reasonable deadline for performance or subsequent performance. This period shall end at the earliest on the third working day after expiry of the originally planned completion date. If the further processing or finishing of the goods goes beyond mere cutting and folding, at least three further working days must be added.

§ 31 Deadline for regularly recurring appointments
If the completion date not met is a recurring date in calendar intervals and advertised in public offers in accordance with § 3, which bundles the production of a certain product in collective forms (so-called "SPECIALs"), completion on the next published regular date shall be deemed sufficient if this is no more than two weeks after the completion date not met.

§ 32 Withdrawal from the contract in the event of non-compliance with the deadline
If the deadline set for performance or subsequent performance expires without result, the customer may withdraw from the contract, but WENZEL GmbH druck-kopie-media may invoice the deliveries or services ordered and already accepted by the customer up to this point in time.

§ 33 Fixed dates
(1) Fixed dates for the completion of the order within the meaning of § 361 BGB (German Civil Code) shall generally apply ex works and shall only be valid if they are confirmed in writing by WENZEL GmbH druck-kopie-media as fixed dates.
(2) Failure to comply with fixed deadlines shall entitle the customer to withdraw from the order immediately and free of charge, but WENZEL GmbH druck-kopie-media may charge for the deliveries or services ordered and already accepted by the customer up to this point in time.

§ 34 Default of the client
The delivery period shall be extended at least by the period during which the customer is in default with the fulfillment of its contractual obligations. The fulfillment of the contractually owed service by WENZEL GmbH druck-kopie-media depends on the fulfillment of the contractually owed advance services of the customer.

VIII. SHIPPING
§ 35 Transfer of risk during shipment
If the goods are to be delivered or items brought in by the client are to be returned on his behalf, the risk shall pass to the client as soon as the consignment has been handed over to the person carrying out the transportation.

§ 36 Exclusion of liability for the carrier
The customer shall have the right to determine the carrier. If the customer does not make use of this right, WENZEL GmbH druck-kopie-media shall commission third parties (carriers) with the shipment, taking due care and for its own account, but on behalf of and at the risk of the customer, for whose activities any liability on the part of WENZEL GmbH druck-kopie-media is excluded. This applies in particular to the delivery dates agreed with the customer, unless WENZEL GmbH druck-kopie-media is responsible for gross negligence or intent.

§ 37 Insurance of the carrier
(1) The respective forwarding conditions of the carrier shall apply to the shipment. Irrespective of its actual value, the goods to be shipped shall only be insured to the usual extent at the lowest insurable value.
(2) WENZEL GmbH druck-kopie-media shall only provide additional insurance and higher sums insured at the written request of the customer.
concluded. The costs shall be borne by the customer.

§ 38 Assignment of claims against the carrier
The customer hereby assigns to WENZEL GmbH druck-kopie-media as a precautionary measure any recourse claims against the company commissioned with delivery or dispatch, for whatever reason. WENZEL GmbH druck-kopie-media hereby accepts the assignment and shall pursue these claims to the best of its knowledge and belief with the care customary in the business and shall credit the customer with the amounts paid in the event that such claims are realized.

IX. ACCEPTANCE AND ACCOUNTING
§ 39 Client's obligation to collect
Goods manufactured and services rendered by WENZEL GmbH druck-kopie-media are the customer's responsibility unless otherwise agreed in writing.

§ 40 Approval and amendment of the settlement
Invoicing is subject to the reservation of any errors. WENZEL GmbH druck-kopie-media may issue a new, corrected invoice if necessary.

§ 41 Default of acceptance
(1) WENZEL GmbH druck-kopie-media shall be entitled to store the delivery items at the risk and expense of the customer for the duration of the delay in acceptance by the customer or the recipient of the delivery named by the customer.
(2) WENZEL GmbH druck-kopie-media may also make use of a warehouse keeper for this purpose. The resulting storage costs and any additional transportation costs incurred as a result of refusal to accept delivery shall be borne by the customer and shall be reimbursed to WENZEL GmbH druck-kopie-media.
(3) If the customer refuses to accept the service in whole or in part or if the order is not carried out for a reason for which the customer is responsible, WENZEL GmbH druck-kopie-media may demand compensation amounting to 10% of the order value or the corresponding part, without prejudice to the claim for payment of the expenses already incurred for the order and costs for the removal of materials / equipment already produced. The customer reserves the right to provide evidence of lower damages. The optional claim of WENZEL GmbH druck-kopie-media for fulfillment shall remain unaffected.

X. RESERVATION OF TITLE
§ Section 42 Retention of title
The delivered goods shall remain the property of WENZEL GmbH druck-kopie-media until payment has been made in full. In the case of deliveries to merchants for their business operations and for legal entities under public law or special funds under public law, the delivered goods shall remain the property of WENZEL GmbH druck-kopie-media until all claims that have already arisen at the time of conclusion of the contract, including all claims from follow-up orders and repeat orders, have been settled.

§ 43 Resale despite retention of title
(1) The client shall only be entitled to resell the goods in the ordinary course of business. The customer assigns to WENZEL GmbH druck-kopie-media by way of security his claims from the resale which he acquires against his customer or third parties and claims from insurance benefits due to loss of or damage to the reserved goods or due to unauthorized action in the full amount of the price / claim owed by WENZEL GmbH druck-kopie-media. WENZEL GmbH druck-kopie-media accepts the assignment. At the request of WENZEL GmbH druck-kopie-media, the customer shall disclose this assignment and provide WENZEL GmbH druck-kopie-media with the necessary information and documents.
(2) The customer is revocably authorized to collect the assigned claim. WENZEL GmbH druck-kopie-media shall only issue the revocation and collect the assigned claim if the customer defaults on its payment obligation, has suspended payments or has filed an application to open insolvency proceedings against its assets.
(3) In the event of default at the latest, the customer shall be obliged to name the debtor of the assigned claim. If the value of the securities existing for Wenzel GmbH druck-kopie-media exceeds the claims by more than 20% in total, WENZEL GmbH druck-kopie-media shall be obliged to release securities of its own choice at the request of the customer or a third party affected by the excess security.

§ Section 44 Retention of title
If goods supplied and owned by third parties are treated or processed, WENZEL GmbH druck-kopie-media shall be regarded as the manufacturer in accordance with § 950 BGB and shall retain ownership of the products at all times during processing. If third parties are involved in the treatment or processing, WENZEL GmbH druck-kopie-media shall be limited to a co-ownership share in the amount of the invoice value of the reserved goods. The property thus acquired shall be deemed to be reserved property.

XI. PAYMENT, DEFAULT IN PAYMENT AND COLLECTION
§ Section 45 Advance payment, invoice and payment
(1) WENZEL GmbH druck-kopie-media may demand advance payment or security by bank guarantee for all orders.
(3) Payments shall be made without any deduction. Any discount agreement does not apply to freight, postage, insurance and other shipping costs.
(1) If the fulfillment of the payment claim is jeopardized due to a significant deterioration in the financial circumstances of the customer that has occurred or become known after conclusion of the contract, WENZEL GmbH druck-kopie-media may demand advance payment, withhold goods not yet delivered and suspend further work.
(2) WENZEL GmbH druck-kopie-media shall also be entitled to the rights under paragraph 1 if the customer is in arrears with the payment of other invoices to WENZEL GmbH druck-kopie-media.

§ 47 Due date
Unless otherwise agreed, payment of the remuneration is due immediately upon receipt of the invoice.

§ 48 Default in payment
(1) In the event of default in payment, default interest shall be payable in accordance with the statutory provisions. This shall not exclude the assertion of further damages caused by default.
(2) If the client does not pay the price / remuneration within 10 days of receipt of the invoice and delivery or provision of the goods for collection, he shall be in default even without a reminder.

§ 49 Cheques, credit cards and direct debit orders
(1) Checks and credit cards shall only be accepted for payment on the basis of a special written agreement with the client. They shall always be accepted on account of payment, not on account of performance.
(2) The customer shall bear the third-party costs associated with the check or credit card payment for WENZEL GmbH druck-kopie-media jointly and severally with the check issuer, credit card holder or account holder. This shall apply in particular in the event that checks or direct debits are presented to the relevant bank but are not paid by it. In this case, the third-party costs and a flat-rate processing fee of EUR 29.45 shall be due, whereby WENZEL GmbH druck-kopie-media reserves the right to provide evidence of higher damages.
(3) The subsequent blocking of a check or a credit card shall be deemed a serious breach of contract if the goods and services ordered were previously taken possession of by their delivery and shall trigger a contractual penalty in the amount of the amount for which the check or credit card debit note was issued, irrespective of the assertion of the aforementioned damages.

§ 50 Prohibition of offsetting
The client may only offset or exercise a right of retention against undisputed or legally established claims.