|1.1||The General Terms and Conditions regulate the rights and obligations of INFOX GmbH & Co. Informationslogistik KG, Genker Str. 20, 53842 Troisdorf-Spich (hereinafter "INFOX") and their customers for services from INFOX, in particular in the area of design, manufacture, dispatch and the storage of information and advertising materials of all kinds (hereinafter referred to as "information materials") as well as all consulting and information services to be provided.
|1.2||The contractual relationships between INFOX and the customer are exclusively regulated in these terms and conditions, the offer made by INFOX (hereinafter "offer") and the price list (attachment).|
|2.||Conclusion of contract|
|All offers submitted by INFOX are subject to change and non-binding. Only with the written confirmation of orders from customers by INFOX or the execution of the order will they become binding for INFOX.|
|3.||Production of information material|
|3.1||When INFOX produces information materials, the customer accepts an additional print run of up to 5%.
|3.2||If the customer does not give instructions regarding the desired way of processing the information material, INFOX processes it according to the industry standards.|
|4.||Delivery of information material|
|4.1||INFOX sends informational material from its customers at least once a week (hereinafter referred to as "shipping campaign"). The information material delivered by the customer or produced on his behalf by INFOX will be delivered on the date communicated by INFOX (hereinafter "delivery date"). Delivery dates deviating from this will only be binding if the parties agree on this individually and in writing. INFOX can postpone a delivery date without the customer's consent if there are unforeseen difficulties in processing the information material received by the customer, which could not have been foreseen when the delivery date was agreed, or if the information material did not reach INFOX in good time. In this case, shipping will only take place with the next regular shipping campaign.
|4.2||If a customer sends information material to INFOX and a contract between the parties and/or the execution of the order is omitted 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 a month after written request from INFOX, INFOX is entitled to destroy this information material. The customer is obliged to reimburse INFOX for the costs of the destruction.
|4.3||Delivery dates are the dates on which the material is removed from the INFOX rooms.|
|5.1||INFOX is only liable for damages which are based on a breach of duty by INFOX if they, their legal representatives or vicarious agents have intentionally or grossly negligent committed the breach of duty. Insofar as the customer's claim for damages is based on INFOX's negligent breach of an obligation incumbent on it, INFOX is only liable if the breach of duty relates to an essential contractual obligation (so-called cardinal obligation). Liability for unforeseeable financial loss is excluded. Should an insurance policy taken out by INFOX replace any further damage caused by INFOX, INFOX will use the sum insured to compensate for the damage suffered by its customers.
|5.2||INFOX's liability under the Product Liability Act remains unaffected.
|5.3||Liability in the cases of section 5.1 sentence 2 is limited to the amount of the remuneration agreed in accordance with the order. INFOX is only liable for the retrieval of data up to the amount of the restoration effort that would have arisen if backup copies were made regularly and in accordance with the risk.|
|6.||Responsibility for information material and its content|
|6.1||The customer undertakes not to deliver any information material that, itself or its content, violates legal provisions or the rights of third parties. The customer assures that he has all the copyrights, ancillary rights and other rights necessary for the dispatch of the information material.
|6.2||INFOX is not obliged to check the information material or its content delivered by the customer to INFOX for correctness of content, completeness or compliance with the legal provisions.
|6.3||In relation to INFOX, the customer alone bears the competition law, postal law and other responsibility for the information material to be created and/or sent by INFOX on behalf of the customer. The customer is obliged to check the legality of the advertising measures proposed and/or implemented by INFOX.
|6.4||The customer undertakes to release INFOX from all claims and/or claims asserted by third parties in connection with the information materials and/or their dispatch upon first request. The right to assert further claims for damages remains unaffected.|
|7.1||The remuneration must be credited to the specified INFOX accounts within 7 days of the invoice being issued. INFOX can demand installments 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 specifying the purpose, INFOX has the right to postpone the shipping date to the first shipping campaign after receipt of payment.
|7.2||If there are indications that the customer is not eligible for payment or has payment difficulties, INFOX can refuse to provide the contractual service until the payment has been received on the specified INFOX account.
|7.3||All prices are net prices without VAT. For deliveries to INFOX, the customer bears the freight and postage costs free to Troisdorf.|
|8.1||The ideas, concepts, drawings, plans, texts, drafts, samples and other works (hereinafter collectively "works") developed by INFOX are subject to copyright, trademark or design right protection. Insofar as INFOX uses works for the production of advertising mailings for the customer, INFOX transfers the right to use the works for the purpose of using the information material produced by INFOX. INFOX alone is entitled to all other rights of use to the works.
|8.2||Unless the parties have agreed otherwise, residual quantities and excess information material will be destroyed after an order has been processed by INFOX. There is no obligation to return the goods.
|8.3||INFOX will keep sample copies of all information material designed free of charge.|
|9.1||All information and data of the customer stored at INFOX within the scope of this contractual relationship (e.g. address, program content, quantity of items, etc.) will be treated confidentially in compliance with the applicable data protection regulations and processed in rooms not accessible to outsiders.
|9.2||INFOX is entitled to use the names of its customers, stating their brands - with or without reference to the services provided for the customers - in information materials from INFOX and other documents as well as in the context of presentations for an unlimited period of time.|
|10.||Changes to the terms and conditions or price list|
|Changes to the terms and conditions and/or the price list will be communicated to the customer in writing. The changes are considered approved if the customer does not object to the changes in writing within four weeks of receipt.|
|11.1||The customer can only charge against INFOX or assert a right of retention with claims that INFOX has recognized or has been legally established.
|11.2||INFOX is entitled to mention the work for a customer in its own promotions and to publish it in the press.
|11.3||The existence of these terms and conditions is not affected by the ineffectiveness of individual provisions or by loopholes. An ineffective provision or a loophole is to be replaced or filled in by a valid provision that largely corresponds to the meaning and purpose of the omitted provision or the other provisions of the contract.
|11.4||The place of fulfillment is Troisdorf. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Siegburg. German law applies to the business relationships of the parties.|