General Terms and Conditions – “My 1st calendar”

mediaprint solutions partner GmbH

www.mein-erster-kalender.de

1 Scope of application and product

(1) Deliveries and services of the product “My 1st calendar” as well as related offers of mediaprint solutions partner GmbH (hereinafter referred to as “Contractor”) shall be exclusively subject to the following General Terms and Conditions in the respective version at the time of the order. Any deviating provisions shall only apply if expressly acknowledged by the Contractor in writing.

(2) Any other terms and conditions of purchase or provisions in the customer’s counterconfirmation (hereinafter “Customer”) are hereby rejected.

(3) By sending an order, the Customer acknowledges these Terms and Conditions.

(4) “My 1st calendar” is a calendar with an individual start date which is individually produced and produced for each customer using the data provided by him, such as photo, name, birthday, time of birth, size and weight (hereinafter “Individual Data”). The transmission of the individual data, including suitable digital image files, is the responsibility of the client and takes place exclusively via the online shop at www.mein-erster-kalender.de.

2 Conclusion of contract

(1) The presentation or representation of goods and products on the website www.mein-erster-kalender.de or in any other way by the contractor is not a binding offer to conclude a contract, but a non-binding online catalog.

(2) On the website www.mein-erster-kalender.de the customer has the opportunity to select goods at the click of a mouse and place them in his shopping cart. By clicking on the shopping basket, the customer has the possibility to check his entries and to recognize input errors. As long as the goods are in the shopping cart, it is possible to extend, change or delete the selection made at any time. Only after entering the individual data to be entered for the production of the individual calendar does the customer place a binding order for the goods contained in the shopping basket by clicking the “Buy now” button on the last page of the order process.

(3) Confirmation of receipt of the order follows immediately after sending the order. This confirmation does not yet represent an acceptance of the offer of the Customer, but is only intended to inform the Customer of the receipt of the order by the Contractor. The Contractor may accept the Customer’s order by sending an order confirmation by post or e-mail or by delivering the goods or executing the order within five days. A sales contract is thus only concluded through the execution of the order or an order confirmation by the contractor after prior offer of the customer, whereby an invoice is considered as an order confirmation.

(4) These general terms and conditions can be viewed on the respective shop pages under terms and conditions. The client can print or save these by using the usual function of his Internet browser. The order data can also be archived by saving the combined data with the help of the browser function before clicking the “Buy now” button. The automatic order confirmation, which the customer receives by e-mail to the e-mail address specified by him after completing his order, can also be saved and printed out and contains the data of the respective order as well as these General Terms and Conditions. An order confirmation, which the customer receives by e-mail after submitting his order to the e-mail address specified by him, can also be printed out and saved.

(5) The contract text and the data specified by the customer are saved by the contractor for processing the order or enquiry. The Customer shall be offered password-protected direct access (“My Account”). Here, with appropriate registration, data on completed, open and recently shipped orders can be viewed and address data, possible payment data and a possible newsletter can be managed.

(6) By submitting the binding order, the ordering party assures that he is of age.

(7) All information (dimensions, materials, colors, shapes, weights, descriptions, illustrations) on the website or in any other way are based on manufacturer information and can therefore not be regarded as warranted characteristics. In the case of goods manufactured entirely or partially from natural products, minor changes in colour, shape and weight are naturally possible. Therefore, the Contractor reserves the right to make reasonable deviations, errors and changes to the offer.

(8) The Client shall be entitled to contact the Contractor within the framework of the execution of the enquiry or order via the data stated in the enquiry. In particular, the Contractor shall be entitled to contact the Contractor in the event of queries regarding individualised goods.

3 Binding pre-order

(1) The Contractor also offers pre-orders of “My 1st calendar” on the www.mein-erster-kalender.de website. The customer thus has the opportunity to place a binding order already, but to specify the individual data to be specified for the production of the individual calendar only at a later point in time. It is pointed out that pre-ordered goods cannot be produced and delivered until the customer has provided the contractor with the required individual data.

(2) When pre-ordering, the customer has the option of selecting goods by mouse click and placing them in his shopping basket. By clicking on the shopping basket, the customer has the possibility to check his entries and to recognize input errors. As long as the goods are in the shopping cart, it is possible to extend, change or delete the selection made at any time. Only by clicking the button “Pre-order now for a fee” on the last page of the pre-order process does the customer place a binding order for the goods contained in the shopping basket.

(3) Confirmation of receipt of the binding pre-order follows immediately after sending the pre-order. This confirmation does not yet represent an acceptance of the offer of the Customer, but is only intended to inform the Customer of the receipt of the pre-order by the Contractor. The Contractor may accept the Client’s order by sending an order confirmation by post or e-mail within five days.

(4) The individual data required for the production of the pre-ordered calendar can be transmitted by the Customer to the Contractor at any time after the pre-order has been placed via password-protected direct access (“My Account”).

(5) If the individual data required for production are not transmitted by the Customer within 12 months of the binding pre-order, the Contractor shall be entitled to withdraw from the contract after expiry of this period. In this case, payments made by the Contractor shall be refunded to the Customer.

(6) In all other respects, the provisions of § 2 (4) to (8) of these General Terms and Conditions shall apply mutatis mutandis to pre-orders.

4 Prices

(1) All prices of the Contractor are quoted in Euro including the statutory value added tax (VAT) (gross prices). The price indicated at the conclusion of the order shall apply. Value added tax shall be shown separately in the invoices. Unless otherwise stated, the prices quoted apply to one copy each, and any decoration material shown is not included in the price. The prices stated in any acceptance by the Contractor shall apply subject to the proviso that the order data on which the offer is based shall remain unchanged. Additional deliveries and services shall be invoiced separately.

(2) The contractor’s prices shall apply ex works. They do not include customs duties, packaging, freight, postage, insurance and other shipping costs. The respective shipping costs for deliveries are listed in the list of shipping costs on the website www.mein-erster-kalender.de . Any individual discount agreement between the parties does not apply to customs duties, packaging, freight, postage, insurance or other shipping costs. Any changes in customs duties, value added tax, exchange rates or freight costs shall be borne by the customer without any right of revocation or withdrawal on the part of the customer being justified.

(3) Printing errors in prices do not entitle the customer to claims for damages. With the appearance of current price quotations, the earlier ones lose their validity.

(4) Drafts, test prints, changes to delivered or transferred data, samples and similar preliminary work, which are arranged by the client, will be charged.

5 Payment methods and payment conditions

(1) The payment amount stated in the order process is to be paid in full and in full to the Contractor, irrespective of the method of payment. Deductions, e.g. from transaction fees, shall not be accepted by the Contractor.

(2) The Customer shall select the desired method of payment within the ordering process. For orders from Germany, the Contractor accepts payments by a) advance payment, b) Amazon Pay and c) PayPal. For orders from abroad, payments by a) advance payment, b) Amazon Pay and c) PayPal are accepted. In the case of online payment procedures, the customer authorizes the payment either by entering the bank, credit card or access data of a payment service provider.a) Payment in advance: When selecting the payment method prepayment, payment is due immediately. The client receives the bank details of the client in a separate e-mail. The delivery of the goods takes place after receipt of payment within the delivery periods visible on the respective product pages on the website.b) Payment by Amazon Pay: The payment is due immediately. In the ordering process, the customer is forwarded to the website of the online provider Amazon Pay. In order to be able to pay the invoice amount via Amazon Pay, the customer must have a valid Amazon account. After legitimisation by the access data, payment options and delivery addresses from the Amazon account can be used. The customer receives further information during the ordering process. The payment transaction is carried out automatically by Amazon Pay immediately afterwards. The amount will be charged to the payment method selected at Amazon Pay.c) Payment via PayPal: Payment is due immediately. In the ordering process, the customer is forwarded to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first and legitimize himself there with his access data and confirm the payment order to the contractor. After placing the order in the shop, the contractor requests PayPal to initiate the payment transaction. The Customer shall receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards. The amount shall be debited from the Customer’s account deposited with PayPal.

(3) In individual cases, the Contractor shall be entitled to exclude certain payment methods or to demand advance payment, prepayments or securities without giving reasons, in particular, however, not exclusively for prepayments, deliveries abroad or high order values. This will be communicated to the customer at the latest with the order confirmation. In this case, the invoice amount shall be transferred to the Contractor’s account within 14 days of the invoice date.

(4) The Contractor shall be entitled, despite any provisions of the Customer to the contrary, to initially set off payments against earlier claims. He shall inform the Principal of the nature of the offsetting. If the Contractor has incurred costs and interest, he shall be entitled to set off the payment first against the costs, then against the interest and finally against the principal performance.

(5) Payment shall only be deemed to have been made when the Contractor can dispose of the amount.

(6) The Customer may only set off against an undisputed or legally established claim or exercise a right of retention because of such a claim. A client who is a fully qualified merchant within the meaning of the German Commercial Code (HGB) is not entitled to rights of retention and set-off. However, the rights under § 320 BGB (German Civil Code) shall remain in force as long as and to the extent that the Contractor has not fulfilled any obligations under § 15 para. 4 of these terms and conditions.

6 Default in payment

(1) In the case of delivery, the customer shall be in default of payment 14 days after the invoice date or another request for payment without a reminder being required.

(2) In the case of default in payment, default interest shall be payable at a rate of 9% above the base interest rate; in the case of legal transactions in which a consumer is involved, at a rate of 5% above the base interest rate. This shall not exclude the assertion of further damages caused by default.

(3) In the event of default in payment, the Contractor shall be entitled to demand a lump sum for damages caused by default amounting to € 40.00. If a consumer is in default of payment, this lump sum shall amount to € 2.50. The contractor reserves the right to demand the actual costs incurred instead of the above lump sums against proof that higher costs have been incurred.

(4) If the fulfilment of the payment claim is endangered due to a deterioration in the financial circumstances or creditworthiness of the Customer which has occurred or become known after the conclusion of the contract, the Contractor shall be entitled to call in the entire remaining debt, demand advance payment and immediate payment of all outstanding invoices, including those not yet due, retain goods not yet delivered and cease further work on orders still in progress. The right to claim damages instead of performance remains unaffected. The Contractor shall also be entitled to these rights if the Customer fails to make payment despite a reminder giving rise to default.

7 Retention of title

(1) All goods delivered shall remain the property of the customer until the purchase price claim, including ancillary claims and settlement of any current account balance existing at the time of payment, has been met in full by the customer. All transactions shall therefore be deemed to be one transaction. In the event of breach of contract by the customer, in particular default in payment, the contractor shall be entitled to take back the objects of the contract. If the seller makes use of his right to take back the goods on the basis of his ownership, this shall only constitute withdrawal from the contract if this is declared in writing.

(2) The customer shall not be entitled to pledge the goods or assign them as security until payment has been made in full. In the event of interventions by third parties, such as seizures, the Customer shall notify the Contractor immediately in writing. The Customer shall be liable for any costs incurred by the Contractor as a result of a third-party action, unless the third party is in a position to reimburse such costs.

8 Customer obligations and release from liability for individualised goods

(1) The Contractor shall execute all orders on the basis of the data supplied by the Customer. The customer shall be fully liable for the completeness and correctness of this data, in particular the individual data transmitted by him and intended for printing. The client is obliged to check the data for suitability to achieve sufficient print quality before transmission. Any errors shall be borne by the client.

(2) The client is solely liable if the execution of his order violates the rights of third parties, in particular copyrights or personal rights.

(3) The client is solely responsible for the content of the transmitted individual data, including image files. In particular, he must ensure that he possesses the necessary image, copyright, trademark or other rights for all image files transferred to the contractor and for the ordered use and that no third party rights are infringed either by the ordered production or by the goods to be produced therefrom and their use.

(4) Furthermore, the client is obliged to check his data prior to transmission whether they violate legal provisions, in particular trademark, design, copyright and competition law or other rights of third parties (e.g. contractual rights).

(5) All consequences resulting from a possible violation of the rights or provisions mentioned in the above paragraphs 2 to 4 shall be borne solely by the client. He shall be obliged to indemnify the Contractor against all claims asserted by third parties against the Contractor due to (alleged) infringements of statutory provisions or infringements of rights due to the processing, duplication and use of the transmitted data in accordance with the order placed, insofar as the infringements or infringements are based on circumstances for which the Customer is responsible, e.g. on data or information provided by the Customer. The indemnity also includes legal prosecution or defence costs.

(6) The client assures that the contents of the transferred image files do not violate applicable prohibition norms, in particular the regulations for the distribution of child pornography (§§ 184 ff. StGB). Should the Contractor become aware of infringements of this assurance, he shall immediately involve the responsible criminal prosecution authorities.

(7) Supplies (including transmitted data, e.g. individual data) by the Customer or by a third party engaged by him are not subject to any duty of inspection on the part of the Contractor. This does not apply to data that is obviously unprocessable or illegible. In particular, the Contractor shall have no obligation to check and warn with regard to the obligations existing for the Customer pursuant to § 8 Para. 2 to Para. 4.

(8) In the case of data transmissions, the Customer shall use appropriate protection programs for computer viruses prior to transmission. The customer shall be liable for all damages incurred by the contractor as a result of the provision of harmful data. Data backup is the sole responsibility of the customer. The contractor is entitled to make a copy.

9 Subsequent changes, colours and printing

(1) Subsequent changes compared to individual data transmitted with the order or after pre-order can only be carried out by the customer up to the start of production (printing) via password-protected direct access (“My Account”). Other change requests cannot be considered. The customer is informed that less than 24 hours may elapse between ordering or transmission of the individual data after pre-ordering and printing.

(2) The colours of the articles and colour scales depicted on the Internet are not binding. Colour deviations are possible. The desired printing colours can only be reproduced true to colour to a large extent on white backgrounds. A white underprint may be required for articles in other colours.

(3) The contractor reserves the right to carry out individual customer impressions or imprints both in digital printing and in other printing processes (e.g. offset printing or screen printing). The client cannot derive any claims for previous or future orders from this. The customer is aware of any deviations between digital and offset printing. These deviations as well as minor colour deviations do not constitute a defect.

10 Delivery

(1) The Contractor shall perform the task of delivery to the Customer with due diligence, but shall only be liable for intent and gross negligence.

(2) The delivery of goods shall always be ex works to the delivery address specified by the Customer. The contractor shall be entitled to dispatch the goods to the customer both from his warehouse and from any other location. The delivery takes place depending upon goods quantity and – weight by parcel service or forwarding agency. There shall be no delivery to packing stations.

(3) The risk of accidental loss and accidental deterioration shall pass to the Customer as soon as the consignment has been handed over to the person carrying out the transport or has left the Contractor’s warehouse for the purpose of dispatch. If dispatch is delayed at the request of the Customer, the risk shall pass to the Customer upon notification of readiness for dispatch. In the case of consumer transactions, the risk of accidental loss and accidental deterioration shall pass to the customer when the goods sold are handed over to him.

(4) Transport insurance shall not be taken out if goods are dispatched by parcel service. The carrier is liable according to his regulations. If goods are dispatched by a forwarding agent, the forwarding agent is insured in accordance with the respective forwarding agent’s conditions.

(5) The delivery periods for orders can be viewed on the respective product pages on the website.

(6) Compliance with the contractor’s delivery and service obligations presupposes the timely and proper fulfilment of the customer’s obligations.

(7) The contractor is entitled to partial deliveries and partial performances at any time, unless the partial delivery or partial performance is not of interest to the client.

(8) If the client does not receive the goods immediately upon delivery, for whatever reason, all costs arising therefrom (e.g. storage costs) shall be borne by the client, notwithstanding the contractor’s right to sell the goods to third parties and to hold the client liable for any loss. If the Customer is in default of acceptance, the Contractor shall be entitled to claim compensation for the damage incurred; the risk of accidental deterioration and accidental loss shall pass to the Contractor upon the occurrence of the default of acceptance.

(9) Should the successful delivery of the goods fail despite three attempts at delivery, the Contractor shall be entitled to withdraw from the contract.

(10) If the Contractor is in default of its performance, it shall first be granted a reasonable grace period. If the grace period expires without result, the Customer may withdraw from the contract.

(11) If a product ordered by the Customer cannot be delivered, in particular because the Contractor is not supplied by a supplier through no fault of his own, the Contractor shall be entitled to withdraw from the contract. In this case, the Customer shall be informed immediately.

(12) The Contractor shall not be responsible for delays in delivery and performance as well as operational disruptions, both in the Contractor’s business and that of a supplier, due to force majeure and due to events which make the delivery considerably more difficult or impossible for the Contractor, in particular strike, lockout, war, riot, official orders as well as all other cases of force majeure, even in the case of bindingly agreed deadlines and dates. They do not entitle the customer to terminate the contractual relationship. The delivery period shall be extended by the duration of the delay plus a reasonable start-up period.  Any liability on the part of the contractor is excluded in these cases. The principles governing the discontinuation of the basis of business shall remain unaffected. If the hindrance lasts longer than three months, both parties, the customer after setting a reasonable grace period, are entitled to withdraw from the contract with regard to the part not yet fulfilled. If the delivery period is extended or if the contractor is released from his obligation, the client cannot derive any claims for damages from this. The Contractor may only invoke the aforementioned circumstances if he notifies the Customer immediately.

(13) A change in any quality regulations and/or objections which should be raised by third parties on the basis of patent specifications, trademarks and other immaterial rights shall not constitute a right of revocation or withdrawal on the part of the Customer.

(14) If goods are delivered with obvious transport damage, the Customer shall complain about this directly to the deliverer immediately upon delivery.

11 Exclusion of the right of revocation

Unless otherwise agreed by the parties, the right of revocation does not apply to the following contracts:Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, contracts for the supply of goods which may spoil quickly or the expiry date of which would quickly be exceeded, contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery, contracts for the supply of goods, if, after delivery, these have been inseparably mixed with other goods due to their nature, contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be supplied at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence, contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery, contracts for the supply of newspapers, magazines or magazines with the exception of subscription contracts.

12 Consumer Complaint Procedure via Online Dispute Resolution (OS):

The European Commission provides a platform for online dispute resolution (OS). The platform can be found at https://webgate.ec.europa.eu/odr/. Consumers have the possibility to use this platform to settle their disputes arising from online contracts (goods and services). Our e-mail address for this purpose is: info@mediaprint.de. We expressly point out that we do not participate in the dispute resolution procedure before a consumer arbitration board. Otherwise, the consumer dispute resolution office Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V. would be responsible for legal disputes with consumers. This has its seat in Strßburger Str. 8, 77694 Kehl, the web page finds you under: www.verbraucher-schlichter.de.

13 contractual partner

Contact: contractual partner for orders

mediaprint solutions partner GmbH Eggerstraße 28 33100 Paderborn Germany

telephone: 0525 522-434 Mo.-Fr.: 09:00 – 17:00 Telefax: 05252 688895 95

E-Mail: info@mediaprint.de

Internet: www.mediaprint.de

CEO: Dominik Haacke, Tobias Kaase

Registergericht: Amtsgericht Paderborn, HRB 7453

USt-Ident-Nr.: DE 127 061 378

14 Complaints

(1) In any case, the customer must check the conformity of the delivered goods with the contract without delay, in the case of consumer transactions within 14 days at the latest. In the event of a commercial transaction within the meaning of § 343 HGB (German Commercial Code), the customer shall duly comply with his inspection and complaint obligations owed under § 377 HGB (German Commercial Code).

(2) The risk of any errors shall pass to the customer with the declaration that the goods are ready for printing or production, unless these are errors which occurred or could only be detected in the production process following the approval for printing or production. The same applies to any other release declarations of the customer for further production. The declaration of readiness for printing shall be made during the ordering process as well as following a pre-order after entry or insertion of the individual data via the password-protected direct access (“My Account”).

(3) Complaints regarding obvious defects shall only be admissible within one week of receipt of the goods, complaints regarding hidden defects within one week of their discovery and must be notified to the Contractor in writing.

15 Warranty for Defects

(1) The customer’s warranty rights shall be governed by the general statutory provisions unless otherwise specified below. The regulations in § 16 of these conditions apply to claims for damages of the customer against the contractor.

(2) A guarantee is not declared by the contractor.

(3) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items and 1 year for used items. In the case of entrepreneurs, the limitation period for newly manufactured goods and for used goods is 1 year. The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The above shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives or vicarious agents. The right of recourse in accordance with § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods for entrepreneurs.

(4) In the case of justified complaints, the contractor is obliged, at his discretion and excluding other claims, to remedy the defect and/or deliver a replacement up to the amount of the order value, unless a warranted characteristic is missing or the contractor or his vicarious agent is guilty of intent or gross negligence. The same shall apply in the event of a justified complaint regarding the rectification of defects or replacement delivery. The Contractor shall not be obliged to take such measures if the Customer has already intervened in the product itself in such a way as to make it more difficult to restore a defect-free item.  The Customer shall be entitled to demand a certain type of subsequent performance on its part if the other form of subsequent performance is unreasonable for it.

(5) If the Contractor is responsible for remedying the defect or

(6) Minor colour deviations in all printing processes as well as deviations in the printing or printing of individual data with regard to colour, register, status and typesetting are due to technical reasons and must be tolerated. These cannot be objected to. In addition, liability for defects which do not or only insignificantly impair the value or usability is excluded. Larger deviations, errors and typesetting errors in the insertion or printing of individual data only entitle the customer to complain about the insertion or printing performance; compensation and/or reduction can therefore only extend to a maximum of the invoice amount agreed for this performance. Complaints regarding the complete scope of delivery and services are excluded. If the customer is responsible for the deviations, errors and typesetting errors, e.g. by providing incorrect individual data, a complaint is excluded.

(7) The contractor shall only be liable for deviations in the quality of the material used up to the amount of his own claims against the respective supplier. In such a case, the contractor shall be released from his liability if he assigns his claims against the suppliers to the customer. The contractor shall be liable as a guarantor to the extent that claims against the supplier do not exist through the fault of the contractor or such claims are not enforceable.

(8) Liability for normal wear and tear is excluded.

(9) Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery unless the partial delivery is of no interest to the customer.

(10) Unless otherwise stated below, further claims by the customer, regardless of the legal grounds, are excluded. Therefore, the Contractor shall not be liable for damages not incurred to the delivery item itself; in particular, he shall not be liable for lost profits or other financial losses of the Customer.

16 Exclusion of liability

(1) Claims for damages are excluded irrespective of the type of breach of duty, including unlawful acts, insofar as there is no intentional or grossly negligent action.

(2) In the event of breach of essential contractual obligations, the Contractor shall be liable for any negligence, but only up to the amount of the foreseeable, contract-typical, direct average damage. Claims for loss of profit, saved expenses, claims for damages by third parties as well as other indirect and consequential damages cannot be asserted, unless a characteristic feature guaranteed by the contractor is intended precisely to protect the customer against such damages.

(3) The limitations and exclusions of liability in § 16 Para. 1 and 2 shall not apply to claims which have arisen due to fraudulent conduct on the part of the Contractor, nor in the case of liability for guaranteed characteristics, for claims under the Product Liability Act and damage arising from injury to life, limb or health.

(4) Insofar as the liability of the Contractor is excluded or limited, this shall also apply to its employees, workers, representatives and vicarious agents.

17 Prohibition of assignment and pledging

The assignment or pledging of the Customer’s claims or rights against the Contractor is excluded without the Contractor’s consent unless the Customer proves a justified interest in the assignment or pledging.

18 Custody, insurance

(1) Templates, in particular transmitted data and data carriers, shall only be kept beyond the delivery date after prior agreement and against special remuneration. The aforementioned data and objects shall be treated with care until the delivery date, provided they have been made available by the customer. If these are to be insured, the Customer shall procure the insurance itself.

(2) The Contractor shall only be liable for deterioration, loss or damage in the event of intent or gross negligence. The above limitation of liability does not apply to consumer transactions.

19 Storage and processing of data

(1) The Contractor shall store the data necessary for the processing of the business transaction and pass them on to the commissioned service providers to the extent necessary for the processing of the order

(2) If necessary for the complete processing of the orders, the personal and image data collected within the framework of the order process, including the transmitted individual data, shall be passed on to vicarious agents of the Contractor within the framework of an order data agreement in accordance with §11 BDSG. The contractor will not publish the individual data transmitted by the client.

(3) Please also note our separate information on data protection, which can be saved and/or printed by the client on his computer for the purpose of the order.

20 Imprint / Product Safety Act

The contractor is free to refer to his company in a suitable manner on the contractual products without the special prior consent of the customer. If this reference is to be omitted, it requires a previous agreement in writing. In this case, the imprint of the contractor must be replaced by that of the customer or an intermediary.

21 Custom of the trade

In commercial transactions, the commercial customs of the printing industry (e.g. no obligation to surrender intermediate products such as data, lithographs or printing plates which are produced for the production of the end product owed) shall apply unless a deviating order has been placed.

22 Applicable law, place of performance, place of jurisdiction

(1) The place of performance shall be Frankenthal as the Contractor’s place of business.

(2) The place of jurisdiction for all disputes arising from the contractual relationship shall be the Contractor’s place of business if the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. In addition, the contractor is also entitled to sue at the general place of jurisdiction of the customer.

(3) The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(4) The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions and the validity of the entire legal transaction.

(5) These General Terms and Conditions shall replace all previous General Terms and Conditions and replace them.mediaprint solutions partner GmbH(as of January 2019)