General Business Conditions of Premium-Werbeartikel Ltd 

Offers are subject to change and later delivery is therefore not binding. Orders only become binding for us after receipt of our confirmation of order and will then be carried out. Confirmation of the order should be checked immediately for correct content. Deals carried out in personal conversation or on the telephone require written confirmation to be legally binding. Errors excepted. Deviations in invoices with reference to the articles, quantities and prices are possible as order confirmations are only calculations about future delivery quantities. 

Orders. Orders, also those made on-line do not require a customers signature to be legally binding. The recognition of the commercial background and the intended commercial use of the products is sufficient. Orders become binding for us through our confirmation of the order. We deliver only under our own conditions. Therefore the purchasing conditions of the buyer do not apply to us even if nothing has been said. The acceptance of the order confirmation is seen as acceptance of the delivery and business conditions.. 

Cancellation of an order. An order can be canceled within 3 days of placing the order. 75% of the expected invoice will be due if the order has already been processed. Advertising products with personalized print cannot be exchanged or returned. 

Advertising print. Precise details are required with reference to Font sizes, Style, capital or small print, height and design. Texts must be enclosed in printed machine format. Fonts should be clearly marked and enclosed as  TTF-Files with the order, otherwise we will carry out the design with a similar script in a similar pattern. Patterns, Drawings, Diagrams and colour details are only approximately authoritative in sofar as no special characteristics were promised in the written confirmation of the order. 

If we do not have exact instructions we will place the imprint for the best possible advertising result. We assume no responsibility for complaints resulting in unprecise details, incorrect size or colour details. Colours are made from a white background in the silk screening process. If an article, which is to be imprinted, does not have its characteristics and article number clearly stated, then we will send a delivery of articles that best represent the order. Deviations in colour, form and material should be accepted out of technical grounds as well as slight changes, particularly when there are necessary because of sentence or other technical grounds.. If the contractor does not specifically demand  in written form a proof sample, then complaints regarding the imprint colour or quality  will not be considered valid. The purchaser should inspect the goods upon delivery. Quality and quantity deficits should be reported in writing immediately, at the latest 5 days after delivery. The speed of return is a decisive factor when returning goods. Goods that are returned late cannot be refused if we have already looked into the problem and have been in contact with each other. If Premium-Werbeartikel Ltd undertakes to do something then the returned goods will either be made better or exchanged, the Printer should also accept this undertaking.. Demands to exchange or for discounts from Premium-Werbeartikel Ltd are also unvalid as is a demand for damage compensation.

Liability Exemption.   We cannot be sure when printing whether Copyrights have been broken or not. The purchaser is therefore solely liable and Premium-Werbeartikel Ltd is exempted from any liability. Financial demands and their costs from breaking the Copyright rules are not applicable to us (the contractee), rather are the responsibility of the contractor. 

Return of items
Individually finished products cannot be returned as stated in the contract they are individually printed (Personalized) and therefore cannot be resold. Returns with complaints are free of charge and will be accepted. We reserve the right to refuse other returned items.

Quantities. It is not possible to achieve the exact unit numbers with the silk screen and Tampo printing process. Deliveries in excess of 10% of the order quantity or less than 5%  of the order quantity must be accepted by the customer and are no valid reason for complaint. The total price will change depending on the quantity. Slight form and/or colour deviations are possible here and are due to production reasons. 

Delivery. Delivery is ex works. Postage, freight and Packaging are charged at premium rate. Delivery deadlines are basically not binding. The delivery dates given by us are more in the line of a best estimate of delivery. Returns, price discounts or damages because of non or late delivery are not possible.

Goods possession. a) We reserve possession of the delivered goods until complete payment of all costs including future costs arising from the trade, even if payment on particular products has taken place. Goods stil under our possession can only be sold when the proceeds from their sale are transferred to us and the possession of the goods has been handed over from the orderer to the customer. Permission for resale can be withdrawn at any time. The orderer must name usin writing when asked by the buyer in writing.
 
b) Real or legal access to the goods under our possession as well as any damage or loss must be reported in writing to us immediately; in order to redeem a deposit the deposit receipt must be made available to us. Costs for necessary intervention action must be paid by the orderer.
 
c) Despite having passed the claim on to a third party, the buyer can still receive the claim from us up to its possible recall at any time. He must look after and keep all the relevant documents and deliver them to us. On our demand the orderer must inform us of the cessation of the third party and make all information and legal documents available to us. 

Delivery abroad. All business and sales abroad are bound by these sales, delivery and payment conditions. German Law is  overriding with reference to the contract. The buyer is obliged to pay court and out of court costs plus solicitors fees in the case of court proceedings about the fulfillment of the contractual duties. The foreign customer expressly accepts these conditions  in accepting the contract.

Product liability. Premium-Werbeartikel Ltd assumes no liability for the products of other manufacturers, as these cannot be changed with an advertising print because of their fundamental forms and functions. Liability for the use of these products is impossible. 

Payment. When nothing else has been agreed upon, payment will be made immediately without discounts, for amounts under 250,- EURO on delivery. Deliveries abroad and to private individuals will only be made after payment has been received.

Prices. All Prices are in EURO excluding VAT.
Registered in Paderborn.

Area of jurisdiction. The contractual relation between the customer and the Premium advertising novelty GmbH are subject to German commercial law in the valid in each case version. Area of jurisdiction of the contract is in each case and excluding Paderborn, Germany.

Illegality. Even if the  illegality of a particular contract condition is discovered, all other conditions will remain unaffected.. 

Commercial Trade. We trade generally with business people. Private individuals should note that they are bound by these conditions in the contract.