General terms and conditions of ARcomm GmbH
1. Scope of application
1.1. The services and deliveries of ARCOMM GmbH are carried out on the basis of these terms and conditions.
1.2. Our terms and conditions apply exclusively; We do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we agree to their validity in writing.
2. Conclusion of a contract
2.1. Our information on our website is only a non-binding invitation to the customer to order goods from us.
2.2. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the button 'order with obligation to pay', you place a binding order for the goods in the shopping cart. The confirmation of the receipt of the order follows immediately after the order has been sent and does not yet constitute an acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within a maximum of 5 days.
2.3. We only assume a procurement risk if we have the ordered goods in stock. Otherwise, the conclusion of the contract is always subject to correct and timely delivery to us. If our supplier does not deliver to us or does not deliver on time, we will inform the customer about this immediately. The customer can then revoke from the contract. In such a case, any purchase price that has already been paid will be refunded by us.
2.4. Buyers who act on behalf of third parties remain in contractual liability to us until we receive payment from their customer.
3. Prices and payment methods
3.1. All our prices are without deduction including the statutory value added tax. The prices shown in the online shop are only valid for orders there at the time of the order. In addition, delivery and shipping costs are incurred and are shown separately in the specific offer.
3.1.1. For our online shops, which are aimed exclusively at traders, the following applies: The prices are without deduction plus statutory VAT. The prices shown in the online shop are only valid for orders there at the time of the order. In addition, delivery and shipping costs are incurred and are shown separately in the context of the specific offer. In the event of an incorrect calculation of the shipping costs due to a technical error, ARCOMM GmbH is entitled to subsequently adjust this to the weight of the shipment, the destination or the service.
3.2. The occurrence of default and the amount of default interest are based on the statutory provisions. We point out that the customer will be in default at the latest if he does not pay within 30 days of the due date and receipt of an invoice or an equivalent request for payment.
3.3. When paying against an open invoice, ARCOMM GmbH reserves the right to refuse the order without giving reasons and to offer an alternative payment option.
3.4. The customer cannot offset any counterclaims unless the counterclaims are undisputed or have been legally established. The customer can only refuse or withhold performance because of any counterclaims if his counterclaim is based on the same contractual relationship.
3.5. In principle, ARCOMM GmbH is entitled to obtain information from SCHUFA, Bürgel or a comparable business report for orders on account. This is for the purpose of credit checking.
4. Packaging, delivery, delivery times, availability of goods, transport, risk bearing
4.1. The goods are packed ready for dispatch by ARCOMM GmbH and its suppliers. ARCOMM GmbH does not take back the packaging.
4.2. If the non-compliance or delay in an agreed delivery period is due to force majeure, labor disputes, fire, unforeseen obstacles or other circumstances for which ARCOMM GmbH is not responsible, the delivery period will be extended for the duration of these events and an appropriate start-up period. This applies accordingly in the event that ARCOMM GmbH is in default of delivery when one of these events occurs. If the execution of the contract becomes unreasonable for one party due to these events, this party can revoke from the contract.
4.2.1 If the customer is a trader: Delivery dates that have been guaranteed or requested by the customer will be adhered to wherever possible, but are not binding unless they have been expressly agreed in writing. Subsequent changes to the order simultaneously require a new written agreement of the delivery times and dates.
Revocation from the order and claims for damages due to late delivery are excluded, unless the client has expressly indicated a higher risk of damage in writing.
4.2.2. If the customer is a trader: If the customer makes a change to the contract that affects the production time or brings about delivery difficulties after the order confirmation or declaration of acceptance, the delivery time does not begin until the change is confirmed.
4.2.3. If the customer is a trader: If no delivery dates have been agreed, but a delivery time measured according to certain periods of time, then in the case of customer-specific production this begins after receipt of all documents to be provided by the customer and necessary for production.
4.3. The delivery takes place by dispatch from the warehouse of ARCOMM GmbH or the warehouse of their suppliers to the address given by the customer in the order.
4.4. If ARCOMM GmbH accepts the customer's order, delivery of the goods will be arranged immediately after receipt of the order, provided that all items in the order are available. For orders against prepayment, the goods will only be delivered after full payment has been received by ARCOMM GmbH. ARCOMM GmbH does not reserve the ordered goods until payment has been received in full. If the goods are temporarily sold out or not fully available at the time of full payment and have to be reordered, ARCOMM GmbH will inform the customer about the matter immediately.
4.5. In commercial transactions, ARCOMM GmbH is entitled to make partial deliveries.
4.6. In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when they are handed over. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration is transferred when the goods are shipped to a suitable transporter at the seller's place of business.
4.7. If the customer is in default of acceptance, ARCOMM GmbH is entitled to demand the damage it has incurred, whereby the customer reserves the right to provide evidence of lower damage.
4.8. If the customer acts as an entrepreneur, transport insurance will only be taken out by ARCOMM GmbH upon special written instruction on the customer's account.
4.9. If the customer acts as an entrepreneur, the following peculiarity applies to shipping by Deutsche Post AG: Each package is automatically insured up to a value of EUR 500 each. This insurance is included in the sales price. Further insurances are only taken out by ARCOMM GmbH upon special written instruction on account of the customer.
4.10. Special features in the production of print products
4.10.1. The delivery time specified by us assumes the timely and proper fulfillment of the corresponding obligations of the customer / client. The delivery time begins with the receipt of the printable data / documents to be procured by him or the print approval when creating a test print or graphic creation / graphic services by us.
4.10.2. The delivery time is interrupted for the duration of the examination of advertising texts, proofs, proofs, graphics, etc. and only begins with the confirmation of the change.
5. Reservation of title
5.1. The delivered goods remain the property of ARCOMM GmbH until they have been paid for in full.
5.2. The customer hereby assigns to ARCOMM GmbH the amount of the invoice value of the reserved goods to the amount of the invoice value of the reserved goods.
5.3. The reserved goods owned by ARCOMM GmbH must be insured against fire, water, theft and burglary for the duration of the reservation of title in commercial transactions. The rights from this insurance are assigned to ARCOMM GmbH, which accepts the assignment.
5.4. In commercial transactions, ARCOMM GmbH retains ownership of the delivery items until all payments from the business relationship with the buyer have been received. In the course of the current account reservation, the recognized balance is also recorded, provided that claims against the buyer are posted as part of the current invoice.
5.5. The customer is only entitled to resell, pledge, transfer by way of security, rent or move the reserved goods abroad with the prior written consent of ARCOMM GmbH.
5.6. If the object of purchase is inseparably connected or mixed with other objects not owned by ARCOMM GmbH, ARCOMM GmbH acquires co-ownership of the new object in proportion to the value of the object of purchase to the other connected or mixed objects at the time of Connection or intermingling.
5.7. If third parties access the reserved goods, the customer must point out the ownership of ARCOMM GmbH and notify them immediately in writing.
6. Description of goods / product information
6.1. Our product descriptions and information only describe the quality of our goods and our services and do not represent any quality or durability guarantees within the meaning of Section 443 BGB, unless we expressly confirm such a guarantee to the customer.
6.2. We reserve the right to make technical changes as well as changes in shape, color and / or weight of the goods within reasonable limits.
7. Warranty, inspection obligations
7.1. ARCOMM GmbH guarantees within the scope of the following provisions, for the duration of the statutory warranty period, that deliveries and services are free from defects in the legal warranty sense. For software products, we refer to point 7.10. .
7.2. Obvious defects must be reported in writing no later than 14 days after receipt of the delivery. In commercial business transactions, it is necessary that the commercial customer properly fulfills his examination and return obligations specified in Sections 377, 378 of the German Commercial Code (HGB). has followed.
7.3. The warranty does not cover defects and damage that is causally related to the fact that the customer has not complied with the regulations on installation, hardware and software environment and use and conditions of use, unless , the customer proves that these circumstances are not the cause of the reported defect.
7.4. If there is a defect in the delivery or service, the customer can, at his own discretion, request the removal of the defect or replacement delivery (subsequent performance). If ARCOMM GmbH can only remedy the defect or deliver a replacement (supplementary performance) at disproportionately high costs, the customer's claims are limited to the other type of supplementary performance. If the supplementary performance fails twice, the customer is entitled, at his option, to cancel the contract (conversion) or to demand a corresponding reduction in the purchase price (reduction). If ARCOMM GmbH is responsible for the breach of duty, the customer can demand compensation. If the material defect is not significant, the customer is only entitled to a reduction in price. The same applies to an incomplete delivery, unless the customer can prove that it is unreasonable for him to adhere to the contract due to the incomplete delivery. For software products, we refer to point 7.10. .
7.5. In order to ensure the fastest possible processing, a copy of the purchase invoice or delivery note and a detailed description of the error should be enclosed with the return of the goods.
7.6. In this context, the customer should properly return the goods complained about, if possible in their original packaging, to ARCOMM GmbH. No liability can be accepted for damage caused by the customer due to improper packaging.
7.7. The processing of unjustified warranty or guarantee claims, insofar as these can be traced back to intent or gross negligence, is subject to subsequent debiting of the expenses incurred by us. ARCOMM GmbH reserves the right to pass on the flat-rate costs of its suppliers in these cases.
7.8. Repairs outside the warranty period are chargeable.
7.9. All warranty claims of the customer expire two years after delivery of the goods.
7.10. Special features of software products
The following applies to software products: ARCOMM GmbH guarantees that the products can be used in the sense of the respective program description and that the services are proper. ARCOMM GmbH draws your attention to the fact that, according to the state of the art, it is not possible to create computer software in such a way that it works correctly in all applications and combinations. Due to the known complexity of the software, ARCOMM GmbH therefore does not guarantee that the software is suitable for a specific purpose in individual cases or that it is compatible with all other software or hardware products or that it can otherwise be used without any problems. If newer versions of the software are published by ARCOMM, this does not constitute a defect in the software originally sold. ARCOMM GmbH is entitled to work around a possibly occurring error if it can only be eliminated with disproportionate effort and the use of the software does not suffer significantly as a result. The software user is required to use updates, patches and / or service packs provided for the software and to back up their data before installing the software and then regularly, in particular before changing the hardware or software environment. ARCOMM GmbH is not liable to the extent that the user is partially at fault through the breach of contractual obligations or through changes made to the software by him or a third party or through improper handling or incorrect operation of the product. It does not accept any liability for the selection, installation, use or the intended results of the software. For the purchase of consumer goods, §§ 474 ff. In conjunction with 437 BGB.
7.11. Special features in the production of print products
7.11.1. All orders are manufactured with the greatest care, according to the latest findings and in our opinion with the best execution method and the best materials suitable for the objective of the order.
7.11.2. Requests for color rendering are taken into account as far as possible. Without a pattern, our view is correct. In the case of print jobs, there may be slight color deviations due to the respective technology or the respective material. They are to be accepted within a reasonable framework and do not entitle a complaint.
7.11.3. In the case of repeat orders, there is no guarantee that the color will match the previous deliveries. The same applies to the comparison between sample and edition.
7.11.4. The colorants used in the printouts can change over time and under the influence of light, heat, moisture and chemicals. Such changes do not entitle to compensation claims. When printing on natural papers and fabrics, slight manufacturing-related fluctuations in the material properties and surface structure are unavoidable and cannot be complained about.
7.11.5. Production-related lint or air bubble inclusions in lamination or lamination as well as dimensional deviations of up to 1% do not entitle a complaint.
7.11.6. Claims arising from a lack of delivery or due to the lack of warranted properties become statute-barred after 6 months, unless the guarantee periods of our sub-suppliers state otherwise. In the case of products that we acquire from suppliers, our liability is limited to the liability of the upstream supplier to us. We are only liable for material defects if we should have recognized them with due diligence.
7.11.7. If the customer is a registered merchant, he must examine the goods immediately after delivery within the normal course of business and, if necessary, notify us in writing without delay. Section 377 of the German Commercial Code (HGB) applies without restriction. In all other cases, a complaint is only permissible within one week in the case of obvious defects. Complaints or notices of defects can only be considered if all documents are returned and our delivery is made within 7 days of receipt of the goods.
7.11.8. In the case of a justified complaint, free replacement or improvement is guaranteed within a reasonable period of time. Compensation for damages or revocation are excluded. All further claims of the customer, in particular for conversion, reduction in price, compensation for damage that did not occur on the delivery item itself, are excluded. Complaints do not affect the agreed terms of payment. We are entitled to any use of the rejected goods.
7.11.9. Defects in part of the delivery do not entitle the client to complain about the entire delivery.
11/7/10. After approval for printing has been given, we are not liable for printing errors that were overlooked by the client in the correction. Information and advice given by us free of charge are always without our obligation.
11/7/11. Any removal of defects by the client or a third party without our consent releases us from any liability for defects.
11/7/12. In the case of individual made-to-order production, we create a sample in reduced size or original size and with original material for the client on request or on our recommendation at the client's expense. This sample is sent to the client for assessment and testing of the material properties and the print image. After approval of this sample by the client, we are not liable for the lack of warranted properties if these could have been determined by the client in the approval phase. We are also not liable for the usual material properties or material properties to which we have expressly pointed out if the material has been expressly requested or its use has been confirmed by the approval of the sample. We will only carry out an examination of the individually manufactured product or its material with regard to the intended use if this has been requested in writing and shown in our order confirmation and if the intended use and the conditions of use are available to us in detail in writing before the production of the sample. P >
8. License and property rights for software products
8.1. When purchasing the software, the customer acquires a license to use this software product in accordance with the license terms.
8.2. The customer accepts these license terms with the first use of the software package.
8.3. The customer acquires a simple right to use the software program supplied. The making of copies is strictly prohibited, unless the making of a backup copy has been expressly permitted in individual cases. The customer will also respect all intellectual rights to the goods. Use in the network is only permitted on the basis of an express extended license to this effect.
8.4. When software or literature is supplied, the manufacturer's special licensing and other conditions apply in addition to these terms and conditions. With the acceptance of the aforementioned goods, their validity is expressly recognized.
9. Payment, late payment
9.1. Payments must be made free of charge and free of charges to the ARCOMM GmbH bank accounts specified on the invoice, whereby bills of exchange and checks are only accepted on account of performance. In addition, ARCOMM GmbH is entitled to demand default interest of 5% above the base rate or, in the case of legal transactions in which a consumer is not involved, 8% above the base rate. The assertion of higher damages incurred by ARCOMM GmbH remains unaffected. The customer is entitled to provide evidence that ARCOMM GmbH suffered no or only minor damage.
9.2. The customer can only offset claims made by ARCOMM GmbH with undisputed or legally established claims.
9.3. In commercial transactions, a right of retention and a right to refuse performance of the buyer are excluded with the exception of undisputed or legally established counterclaims.
9.4. Late payments or advance payments can affect the delivery date. We reject claims for damages due to these delays.
9.5. During the delay we are entitled to withhold deliveries from other contracts or to request advance payment.
10. Screen display
The product images that are used to describe the article / goods are only used as sample images. These do not always represent the article true to life, but serve to illustrate it. Depending on the screen used, colors and sizes can be displayed differently. The description of the respective article is authoritative, whereby we reserve the right to errors or changes.
11. Liability and Limitation of Liability
11.1. In the event of a breach of cardinal (main) contractual obligations, ARCOMM GmbH is liable for any damage caused. Otherwise, liability only exists in the event of willful intent and gross negligence.
11.2. If and to the extent that the liability of ARCOMM GmbH is excluded, this also applies to the personal liability of the employees, workers, employees, representatives and vicarious agents of ARCOMM GmbH.
11.3. Special features for print products
11.3.1. We assume that the client has the copying and reproduction rights for the material given to us. If the rights of third parties are infringed, the client is solely liable for this. He has to exempt us from claims of third parties and to reimburse all necessary legal costs incurred by us.
11.3.2. ARCOMM GmbH reserves the copyrights to offers, graphics, samples, drawings and photos. Every order placed with us is a copyright contract. This is aimed at granting usage rights.
22.214.171.124. The graphics, samples, drawings and photos created by us as personal intellectual creation, including the author's designation, may not be changed either in the original or in the reproduction. Any imitation is prohibited. This also applies to parts or details.
126.96.36.199. Design work created by us may only be exploited or used for the type of use and purpose agreed with us. Other further and other uses require the consent of ARCOMM GmbH. In addition, in such cases, we must set a corresponding usage fee. In this way, the customer acquires a right of use within the agreed framework. Unless otherwise agreed, the purchaser acquires an exclusive right of use by paying this usage fee. (according to § 31 III UrhG)
188.8.131.52. Proposals and cooperation by the client do not establish joint copyrights and have no influence on the amount of the fee. Different applies if this has been expressly agreed.
184.108.40.206. The client is solely responsible for checking the right to the authorization of the templates provided by the client, such as photos and texts for use, reproduction and modification, as well as the right of copyright authorization.
11.3.3. If changes have to be made after approval for printing, all expenses / costs incurred as a result will be borne by the client. This includes the costs of the machine downtime.
11.3.4. The contractual partners used for necessary external services are not vicarious agents. Unless otherwise stipulated by law, liability for its work results is excluded
11.3.5. Without sending a color-binding proof or color value information (Pantone / HKS), we cannot accept any liability for color deviations.
12. Assembly and on-site services
At the place of installation or bonding, freedom of assembly or freedom of bonding must be guaranteed in accordance with the conditions communicated by us. Electrical connections, structural changes as well as other measures related to the installation or bonding are to be created by the client - unless otherwise agreed. If this is not followed, we are entitled to refuse the service until the defect has been remedied by the client.
13. Freedom of design, choice of production and company text
Both the choice of the means of production and the choice of the production sites are up to us. We are entitled to affix our company text and / or our company logo on contractual products of all kinds in accordance with the space available and, if necessary, to include them in the creation of design services. There is freedom of design within the scope of the accepted order.
14. Place of performance, place of jurisdiction
14.1. For all claims arising from the contractual relationship between the customer and ARCOMM GmbH, the place of performance is the headquarters of ARCOMM GmbH.
14.2. Insofar as the customer is a registered trader within the meaning of the HGB, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising directly and indirectly from the contractual relationship.
15. Applicable law, data protection, effectiveness
15.1. The law of the Federal Republic of Germany applies, whereby the uniform international sales law (UNCITRAL agreement) is excluded.
15.2. ARCOMM GmbH is entitled to electronically save and process the data provided by the customer. The erasure of data requires the written form. ARCOMM GmbH is then entitled to pass on customer data that result from the contract documents or that are necessary for the execution of the contract to third parties, in particular to credit institutes and contractual partners, insofar as this serves to process the order. ARCOMM GmbH complies with the applicable data protection regulations.
15.3. Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions.
CONSUMER REVOCATION POLICY
Right of Revocation
You have the right to revoke from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must send a clear declaration to us (ARCOMM GmbH, Gross-Berliner Damm 73e, 12487 Berlin, phone 030-351269260, fax 030-351269261, email email@example.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke from this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to meet the revocation deadline, it is sufficient for you to send your notification that you are exercising your right of revocation before the revocation period has expired.
Consequences of the revocation
If you revoke from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen cheaper standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods
Model revocation form
(If you want to cancel the contract, please fill out this form and send it back to us :)
To ARCOMM GmbH, Gross-Berliner Damm 73e, 12487 Berlin, phone 030-351269260, fax 030-351269261 email firstname.lastname@example.org:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only if this is notified on paper)
(*) Cross out inapplicable.
The right of revocation does not apply to distance contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
End of the cancellation policy