General Terms of Business


Art & Promotion - General Terms of Business for Mercantilists

§ 1 Validity of Terms

The deliveries, services and offers of the company  Art & Promotion are subject only to these business conditions. Thus these are valid also for all future business relations even if they are not arranged again explicitly.

§ 2 Contract Conclusion

1. The offers contained in the Internet Site of  Art & Promotion are non- binding and without obligation. For the pricing the actual list of prices of Art & Promotion is authoritative. It can be looked up in the Internet Gallery. Art & Promotion is comitted to especially worked out offers for 30 days.

2. Mistakes which occur during data transfer from the customer to Art & Promotion fall into the area of responsibility of the customer.

3. The personal data sent from the customer and files are stored by Art & Promotion according to the regulations of the appropriate data protection laws. In case of complete or partial disposal of Art & Promotion the customer agrees upon transferring these data to the acquirer. Of course the regulations of the data protection laws are taken into account in this case, too.

4. The company Art & Promotion is entitled to refuse tasks for copyright and penal reasons as well as for unethical content.

5. All further agreements between Art & Promotion and the customer for the purpose of carrying out of this contract, are to be laid down in this contract in writing. Also the alteration of this writing needs to be in writing itself.

§ 3 Price, Price Changes

1. The prices do not include the wrapping. The conditions determined in the actual price list are. The shipping costs are to be paid by the customer. At a purchase value of 250,- € or more Art & Promotion takes over the shipping costs.

§ 4 Delivery Deadline

2. The carrying out of the order occurs within the usual deadline. In isolated cases fixed delivery times can be arranged with us explicitly in writing.

3. Express Ordersare subjject ot an extra charge and are shipped within six hours after the order has arrived in writing.

4. Art & Promotion forwards orders carried out immediately to the shipping agency. Art & Promotion can be only held responsible for an unpunctual delivery, if it is due to a gross negligence or intent of the shipping agency.

5. In all cases of delay Art & Promotion cedes its claims against the shipping agency to the customers.
§ 5 Shipping and Transition of Risks

1. Risks passes on the customer as soon as the consignment has been handed to the person carrying out the transportation.

2. Only at special request of the customer deliveries are insured in his name and onto his bill.

§ 6 Warrantee

1. Should the object of delivery be deficient or lacking guaranteed qualities or becoming defective within the guaranteed period through fabrication or material lacks, Art & Promotion can deliver a replacement or touch-up at its discretion and under exclusion of further warranty claims of the customer. Multiple touch-ups are permissible.

2. The guaranteed period is 12 months and begins with the date of the delivery.

3. Art & Promotion must be informed about obvious shortcomings immediately — latest within two weeks after delivery — in writing. The deficient objects of delivery have to be ready in the state in which they were at the time when the lack was detected for the inspection by Art & Promotion.

4. Art & Promotion and the customer agree that because of technical reasons chromatic deviations can occur between the colours determined in a file transmitted by the customer and the printed colours. Fonts not transferred are replaced by similar ones. Therefore Art & Promotion and the customer agree upon font and colour deviations not representing any obvious shortcoming of the delivery.

5. Should the repair or the delivery of a substitute fail after an adequate period of time, the customer can demand the reduction of the price or rescission of the contract at his choice.

§ 7 Limit of Liability

1. During the conveyance of files via the Internet very rare cases disturbances can occur. Thus Art & Promotion does not take over any liability with regard to the freedom of virus of the programms sent via the Internet.

2. Art & Promotion has made use of the source code of third parties in his printing drivers. Art & Promotion does not take over any liabilities regarding uncontrollable risks of these programms, especially errors contained within the printer drivers. For consequential damages caused by installation and utilization of the programm printer driver at the customer, Art & Promotion does not take over any liability.

3. It is pointed out to the customer that he is obliged to produce a backup copy of his data before transferring of his files to Art & Promotion. Art & Promotion does not take over any liabilty should a a harm or a loss of data of the files sent by the customer occur.

4. As for the rest claims for compensation from positive violation of claims, fault at contract conclusion and from illicit action are out of question against Art & Promotion as well as its
fulfillment and execution assitants as far as the damage was not caused deliberately or by gross negligence. This is not valid for claims for compensation from the lack of guaranteed qualities which are supposed to protect the customer against the risk of consequential damages. In this case the liability is limited to the the money value of the order.5. The customer explicitely releases Art & Promotion from all claims which might result from the violation of third party copyright and trademark rights. This includes graphical as well as textual contents, but is not limited to them.

§ 8 Reservation of Ownership

1. Until the fulfillment of all claims for remuneration to which Art & Promotion is legally entitled currently or in the future, Art & Promotion reserves the ownership at the supplied products (reservation product).

2. The customer must not dispose of the reservation product.

§ 9 Payment

1. For new customers the execution of the order through Art & Promotion as a matter of principle only occurs against direct-debit mandate or advance payment. Art & Promotion does not charge the customer account before carrying out of the order. However, Art & Promotion in this context points out the possibility of the data abuse while transfer via the Internet and recommends that transferring critical data only by phone or fax.

2. If an order for the customer has already been carried out and the customer has paid this properly, the delivery can occur also against regular bill.

3. The customer is only entitled to setoff, if the counterclaim is undisputed and ascertained legally binding. However the customer is also entitled to deduction because of counter-claims from the same contractual relationship.

§ 10 Legal Grounds and Place of Fulfillment

1. Exclusively German jurisdiction applies to our legal relationships without regard to the place of court.

2. Hamburg is place of fulfillment for all claims from the contracts signed with Art & Promotion.

§ 11 Miscellaneous

Should a regulation in these terms of business or in the realm of further agreements turn out or become invalid, this does not osculate the effectiveness of any other regulation or agreement therein.

This Terms of Business hold true only for entrepreneurs. For Consumers as described in the German distant sale law the corresponding legal regulations are valid.

Contact: -- Art & Promotion · Therese Telepski · Kirchfeld 32 · D-27305 Süstedt · Phone: +49 (4240) 93 27 76 · Fax : +49 (4240) 93 27 79
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