Terms and Conditions
General Terms and Conditions of Business
1. Scope of application
- The general terms and conditions regulate the rights and obligations of INFOX GmbH & Co. Informationslogistik KG, Genker Str. 20, 53842 Troisdorf-Spich, Germany (hereinafter "INFOX") and its customers for services provided by INFOX, in particular in the area of design, production, dispatch and storage of information and advertising materials of all kinds (hereinafter collectively "Information Materials") as well as all consulting and information services to be provided.
- The contractual relationship between INFOX and the customer is governed exclusively by these GTC, the offer prepared by INFOX (hereinafter "offer") and the price list (appendix).
2. Conclusion of contract
All offers made by INFOX are subject to change and non-binding. Only after INFOX has confirmed customers' orders in writing or when the order has been executed shall they become obligatory for INFOX.
3. Production of information material
- In the production of information material by INFOX, the customer accepts an additional print run of up to 5%.
- If the customer does not give instructions regarding the desired way of processing the information material, INFOX shall process it in the manner customary in the industry.
4. Dispatch of information material
- INFOX sends out information material from its customers at least once a week (hereinafter "mailing campaign"). The information material delivered by the customer or produced by INFOX on his behalf shall be dispatched on the day of the dispatch day notified by INFOX (hereinafter "dispatch date"). Dispatch dates deviating from this date shall only be binding if the parties agree individually and in writing. INFOX may postpone a shipping date without the customer's consent if unforeseen difficulties arise during processing of the information material supplied by the customer which were not foreseeable when the shipping date was agreed upon, or if the information material did not arrive at INFOX in time. In this case, the dispatch will only be carried out with the next regular dispatch action.
- If a customer sends information material to INFOX and a relevant contract is not concluded between the parties and/or the order is not executed due to a circumstance for which the customer is responsible, the customer is obliged to pay INFOX a reasonable storage fee for the time the information material is stored. If the customer does not collect the information material within one month after written request by INFOX, INFOX is entitled to destroy this information material. The customer is obliged to reimburse INFOX for the costs of destruction.
- Dispatch dates are the dates on which the material is dispatched from the premises of INFOX.
- INFOX shall only be liable for damages based on a breach of duty by INFOX if INFOX, its legal representatives or vicarious agents have committed the breach of duty intentionally or with gross negligence. Insofar as the customer's claim for damages is based on INFOX's slightly negligent breach of a duty incumbent on INFOX, INFOX shall only be liable insofar as the breach of duty relates to an essential contractual obligation (so-called cardinal obligation). Liability for unforeseeable financial losses is excluded. If an insurance policy taken out by INFOX, if applicable, also compensates for further damages caused by INFOX, INFOX will use the sum insured to compensate for the damages of its customers.
- INFOX's liability under the Product Liability Act remains unaffected.
- In the cases of item 5.1 sentence 2, liability is limited in total to the amount of the compensation agreed upon according to the order. INFOX shall only be liable for the recovery of data up to the amount of the recovery costs which would have been incurred if back-up copies had been made regularly and in accordance with the risk.
6. Responsibility for information material and its contents
- The customer undertakes not to submit any information material which itself or its content violates legal provisions or the rights of third parties. The customer assures that he is in possession of all copyrights, ancillary copyrights and other rights required for the dispatch of the information material.
- INFOX shall not be obliged to check the information material delivered by the customer to INFOX or its content for correctness of content, for completeness or for compliance with legal provisions.
- In relation to INFOX, the customer alone bears the responsibility under competition law, postal law and other laws for the information material to be created and/or sent by INFOX on behalf of the customer. The customer is obliged to check the advertising measures proposed and/or implemented by INFOX for their legality.
- The customer undertakes to indemnify INFOX from all claims and/or demands made by third parties in connection with the information materials and/or their dispatch on first request. The right to assert further claims for damages shall remain unaffected.
- The payment must be credited to the specified INFOX accounts within 7 days of the invoice being issued. INFOX may demand advance payments of up to 50% of the order amount for orders over €50,000 or up to 100% of the order amount for new customers or customers based abroad. If the payment is received late or without indication of the intended purpose, INFOX shall have the right to postpone the shipping date to the first shipping action after receipt of payment.
- If there are indications that the customer is not able to pay or has payment difficulties, INFOX may refuse to provide the contractual service until the payment is received in the specified INFOX account.
- All prices quoted are net prices without value added tax. For deliveries to INFOX, the customer shall bear the freight and postage costs free Troisdorf.
- The ideas, concepts, drawings, plans, texts, drafts, samples and other works developed by INFOX (hereinafter collectively referred to as "works") are subject to copyright, trademark or design patent protection. Insofar as INFOX uses works for the production of advertising mail for the customer, INFOX transfers the right of use with regard to the works limited to the purpose of using the information material produced by INFOX. All other rights of use of the works are the sole property of INFOX.
- Unless otherwise agreed by the parties, remaining quantities and excess information material shall be destroyed by INFOX after completion of an order. There is no obligation to return the goods.
- INFOX shall retain free of charge specimen copies of all designed information material.
9. Data protection
- All information and data of the customer stored at INFOX within the framework of this contractual relationship (e.g. address, shipment contents, shipment quantities, etc.) will be treated confidentially in compliance with the applicable data protection regulations and processed in rooms that are not accessible to outsiders.
- INFOX is entitled to mention the names of its customers, reproducing their trademarks - with or without reference to the services provided for the customers in information material from INFOX and other documents as well as in presentations for an unlimited period of time.
10. Change of the general terms and conditions or price list
The customer will be notified in writing of any changes to the general terms and conditions and/or the price list. The changes shall be deemed approved if the customer does not object to the changes in writing within four weeks of receipt.
11. Other regulations
- The customer may only offset or assert a right of retention against INFOX with claims which INFOX has acknowledged or which have been legally established.
- INFOX is entitled to mention the activity for a customer in its own advertising campaigns and to publish it in the press.
- The existence of these general terms and conditions shall not be affected by the invalidity of individual provisions or by loopholes in the provisions. An ineffective provision or a loophole in the regulations is to be replaced or filled by a valid provision which corresponds as far as possible to the meaning and purpose of the omitted provision or the remaining provisions of the contract.
- The place of performance is Troisdorf. The place of jurisdiction for all disputes of a pecuniary nature arising directly or indirectly from the contractual relationship shall be Siegburg. German law shall apply to the business relations between the parties.
(Valid from 01.11.2004)