GENERAL TERMS AND CONDITIONS

§ 1 Scope of the Conditions
The general terms and conditions apply to all deliveries, services, and offers. They also apply to all future business relationships, even if not explicitly agreed again. The client’s terms and conditions are hereby expressly rejected. Deviations from these conditions are only effective if expressly confirmed in writing.

 

§ 2 Offer and Conclusion of Contract
Woerner + Cie. GmbH operates an online shop on its website. The ordering function is exclusively available to customers who are entrepreneurs within the meaning of § 14 BGB and have been provided with login credentials by Woerner + Cie. GmbH.

After logging in, customers can place the goods presented into a shopping cart and order them. Each order constitutes an offer by the customer to conclude a contract, which can be accepted by Woerner + Cie. GmbH within ten days. Acceptance occurs through an explicit order confirmation, either in writing, via email, or fax. If no acceptance is made within ten days, no contract is concluded.

All offers are non-binding. Acceptance declarations, orders, and agreements with representatives or employees require written or telex confirmation from management. Drawings, images, dimensions, weights, and other service data are binding only if explicitly agreed upon in writing. If the customer delays after a formal reminder, the seller can demand damages for non-performance or withdraw from the contract.

 

§ 3 Printing Templates
Orders according to special templates automatically include the necessary designs, drawings, templates, films, clichés, rollers, or tools at proportional self-costs. We remain co-owners of these even after full payment. Ownership rights can only be jointly exercised. The seller retains sole possession. Natural wear or storage damage requires new manufacturing at proportional costs. In case of delayed submission of templates, the seller may withdraw after a 10-day grace period.

 

§ 4 Intellectual Property and Data Storage
Copyrights for designs, drawings, and sketches created by us remain solely with us, including reproduction rights. Produced goods may be marked accordingly. Data processing and storage are agreed upon based on data protection laws.

 

§ 5 Performance Time and Delivery
The delivery period starts after all necessary documents are clarified. For online orders, it starts with the order confirmation. Deadlines must be in writing. Changes to orders negate original deadlines. Force majeure allows postponement. If performance becomes unreasonable, either party can withdraw. If the deadline is exceeded by more than eight weeks, the client may set a four-week grace period and withdraw if unmet. Minor delivery variances of up to 20% are permissible.

 

§ 6 Packaging and Shipping
Goods sold by weight are billed gross for net. Packaging for piece-counted goods is not charged unless special. Shipping is at buyer’s risk. Deliveries over EUR 750 net are free; otherwise, freight costs are borne by the buyer. Express and postal costs are also borne by the buyer.

 

§ 7 Quality
Paper and film qualities depend on available raw materials. Variations are acceptable within the following tolerances:
Film thickness: +/- 20%
Paper weight: +/- 5%
Roll width: +/- 5 mm
Sheet size: +/- 5 mm
Paper bags (width, height, depth): +/- 3 mm
Carrier bags (width, height, depth): +/- 5%

§ 8 Warranty
For significant defects, the seller must be allowed rectification, either by repair or replacement. If rectification fails, statutory rights apply. Defects are insignificant if affecting only 3% of the total quantity. Defects must be reported in writing within one week after receipt of goods.

 

§ 9 Payment
Unless agreed otherwise, invoices are payable within 10 days with 2% discount or within 30 days without deduction. The seller may offset payments against older debts. If costs and interest have arisen, payments are applied first to costs, then interest, and then to principal. Default interest is 5% above the base rate according to §1 DÜG. Offsetting against seller’s claims is only allowed for undisputed or legally established counterclaims.

 

§ 10 Retention of Title
The seller retains ownership until all claims from the business relationship are settled. The buyer may resell goods only if claims are assigned in full to the seller. The seller may collect assigned claims if the buyer defaults. The seller retains intervention rights if third parties seize goods. The buyer must inform the seller immediately of any seizures and assist in securing rights.

 

§ 11 Applicable Law, Jurisdiction, Partial Invalidity
German law applies. Place of jurisdiction for all disputes is 76437 Rastatt, Germany, if the buyer is a merchant under HGB, a legal entity under public law, or a special public fund. If any provision is or becomes invalid, the validity of the other provisions remains unaffected.