Markendruckerei.de
B & A Beteiligungs GmbH
1) Scope & Entrepreneurial Status
These General Terms and Conditions apply exclusively to contracts between B & A Beteiligungs GmbH, Flachsmarkt 4–6, 55116 Mainz, and entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
The conclusion of a contract with consumers (§ 13 BGB) is excluded.
By placing an order, the customer confirms that they are acting as an entrepreneur and that the order is placed exclusively for commercial / self-employed professional purposes.
Diverging terms and conditions of the customer do not apply unless we expressly agree in writing to their validity.
Orders from consumers are excluded. If, contrary to this rule, a consumer places an order, we reserve the right to refuse or reverse the transaction.
2) Subject Matter of the Contract
The subject of the contract is the production and delivery of textiles and printed matter, in particular customized goods.
Production is carried out on the basis of the content and specifications provided by the customer (e.g., logos, lettering, designs, customization requests).
The goods are generally produced per order and specifically for the customer.
3) Conclusion of Contract
The presentation of products and services on the website does not constitute a binding offer, but rather an invitation to place an order.
A contract is concluded as soon as we expressly confirm the order or begin execution of the order.
4) Proof & Approval
Before production begins, the customer will receive a digital proof.
The customer is obligated to check this carefully and expressly approve it.
With approval, the customer confirms the accuracy of the content and design (e.g., text, colors, layout, sizes, positioning).
After approval has been granted, changes are excluded.
Defects based exclusively on a template approved by the customer do not constitute grounds for claims, provided there is no deviation from the approved template.
5) Prices & Terms of Payment
All prices are net plus statutory VAT.
Unless otherwise agreed, payment is made by advance payment.
The invoice amount is due immediately upon conclusion of the contract.
If, as an exception, payment on account is agreed, the amount must be paid within 14 days of the invoice date without deduction.
In the event of late payment, statutory default interest as well as the flat-rate default fee for entrepreneurs apply.
6) Delivery & Delivery Time
Delivery times are stated in the respective order confirmation and depend on approval, receipt of payment, and production capacity.
Since these are generally custom-made goods, there are no fixed delivery times.
The start of delivery assumes that:
- all necessary information is fully available,
- the proof has been approved,
- the purchase price has been paid in full (unless otherwise agreed).
Delivery dates are only binding if they have been expressly confirmed in writing as binding.
Partial deliveries are permitted provided they are reasonable for the customer.
7) Duty to Inspect & Give Notice of Defects
The customer must inspect the goods immediately upon receipt.
- Obvious defects must be reported in writing immediately, at the latest within a few calendar days after delivery.
- Hidden defects: report in writing immediately after discovery.
If no notification is given within the specified period, the goods are deemed accepted.
8) Warranty
In the case of justified defects, the provider shall, at its discretion:
Rectify the defect or provide a replacement delivery.
If subsequent performance fails, the customer may appropriately reduce the purchase price.
Further claims by the customer, in particular claims for damages in lieu of performance, compensation for futile expenses, withdrawal, or reduction beyond the legally permitted extent, are excluded to the extent permitted by law.
9) Liability
The provider is liable without limitation in cases of intent and gross negligence.
In the event of simple negligence, the provider is only liable for the breach of a material contractual obligation. Material contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
In these cases, liability is limited to the contract-typical, foreseeable damage. Liability is limited in amount to the respective order value.
Liability for loss of profit, missed savings, indirect damages, and other consequential damages is excluded to the extent permitted by law.
The above limitations of liability do not apply to liability for injury to life, body, or health, to claims under the Product Liability Act, or in cases of mandatory statutory liability.
10) Extended & Expanded Retention of Title
The delivered goods remain the property of the provider until full payment of all claims from the business relationship.
The customer may resell the reserved goods in the ordinary course of business as long as they are not in default of payment.
The customer hereby assigns claims from the resale to the provider in the amount of the invoice value – the provider accepts this assignment.
The customer remains revocably authorized to collect these claims.
The provider may revoke the authorization if the customer does not meet their payment obligations, in particular in the event of default of payment or an application for insolvency.
Upon request, the customer must provide debtor information and surrender all documents for collection.
Processing or transformation is always carried out on behalf of the provider as the manufacturer within the meaning of § 950 BGB.
11) Place of Jurisdiction & Applicable Law
Exclusively German law applies, excluding the UN Sales Convention (CISG).
The place of jurisdiction for all disputes arising from this contractual relationship is the company's registered office, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
12) Final Provisions
Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.