General terms and conditions (Vilkår og betingelser)
of Logiprint International Printingfactory, S.L. y Cia, S.Com, here after referred to as “logiprint”. November 2006
§ 1 Scope
The following terms and conditions are applicable to all present and future commercial relations between logiprint and its clients.
For the purposes of the terms and conditions, a consumer will be deemed to be any individual or legal entity that obtains, uses or enjoys a product as the end consumer.
For the purposes of the terms and conditions, a business will be deemed to be any individual or legal entity that acquires a product with the aim of introducing it into its production or processing process or using it for selling or providing services to third parties.
For the purposes of the general terms and conditions, both consumers and businesses will be considered to be clients.
Other different, opposing or additional general terms and conditions shall not be part of the contract, unless their application is expressly stated in writing.
Referral to the client’s terms and conditions shall not be accepted.
§ 2 Registering with logiprint
The ordering of any merchandise shall presuppose previous registration as a logiprint client. Repeatedly registering as a client under different names or addresses is not permitted. Having correctly registered, the client is authorised by logiprint to access the system.
Access may be revoked at any time by logiprint in the event of the client not fulfilling the general terms and conditions or its behaviour being contrary to the contract. If necessary, logiprint is authorised to block the user and the corresponding password with immediate effect.
§ 3 Conclusion of the contract
The online presentation of a range of products and services by logiprint does not constitute a firm offer. The client sends logiprint a binding purchase offer via the online ordering system or by email. logiprint then accepts the offer via an acceptance email in which acceptance of the offer, the payment method and average production times will be stated. Acceptance shall be subject to merchandise availability and particularly subject to supply in due time and form by logiprint's suppliers. This provision shall only be applicable when non-delivery is not attributable to logiprint and for consumers only in the additional case of logiprint having a suitable agreement with the supplier in question. In the event of the merchandise not being available, logiprint shall immediately inform the client and shall immediately return any payments made by the client.
An email confirming receipt of the order generated immediately and automatically by the system when the client's order is received does not represent binding acceptance of the order by logiprint.
The sale of merchandise provided by logiprint shall solely be carried out in standard amounts in the commercial area.
§ 4 Pricing
All prices include any applicable VAT as well as other price components. Any shipping costs are not included.
§ 5 Client’s duty to cooperate and liability in the event of early termination
Insofar as logiprint relies on the client's cooperation, particularly the sending and provision of the required printing specifications, in order to produce the merchandise, the client must provide this information when placing the order or immediately after the acceptance email.
In the event of logiprint terminating the contract with the client due to the client not cooperating, or the client terminating the contract once the cooling-off period stated in § 7 has passed, and in the event of logiprint having started to process the order, logiprint shall be entitled to claim compensation from the client for damages that it has suffered as a result of the work that has been carried out. Specifically, this includes expenses incurred for equipment used to process the order and any other resources used. If logiprint can make use of the materials used in another way, it shall deduct the relevant amount from the claim for damages.
§ 6 Delivery
logiprint shall deliver the merchandise ordered to the address given by the client in the order within the delivery period indicated by logiprint. logiprint may make split deliveries insofar as requested by the client.
When the client is a business, all the risks and hazards of the delivery shall be the responsibility of the client from the moment when the logiprint merchandise is handed over to the contracted forwarding agent.
Any information relating to the scheduled delivery time given to a business shall not be binding, unless logiprint provides binding written confirmation for each specific case.
§ 7 Revocation / Termination Right of revocation / Right of termination
The following right of revocation shall be solely applied to consumers: The client has a cooling-off period of seven working days, calculated using the official calendar of its place of residence, to withdraw from the contract without needing to state any reasons. The cooling-off period shall begin with the obtention of the merchandise and this information and, in the case of service provision, from the date when the contract was signed. The revocation / termination declaration shall be made by the client via email or post) and by returning the purchased item(s). Once logiprint has received the declaration of revocation / termination and the purchased item(s), logiprint shall be obliged to return the amount of the sales transaction within 30 days. In order to ensure that the revocation / termination period is not infringed, the declaration of revocation and the purchased items shall be sent to logiprint within the timescale indicated above. Insofar as is possible, items should always be returned in their original packaging.
Merchandise or products that have been specially modified or manufactured are excluded from the right of termination as well as cases in which, due to the nature of the service, termination is impossible.
§ 8 Payment
logiprint shall solely accept the payment methods indicated to the client within the context of the order.
The price of the sales transaction and of any administrative and/or shipping costs shall be due when the contract is signed and when the invoice is issued.
In the event of the client defaulting, logiprint shall be entitled to demand late payment interest of 5% above the respective base rate. logiprint's right to claim higher damages remains unaffected by this provision. The client may demonstrate that logiprint has not suffered from a specific form of damage or that the damage suffered is of a lesser nature than stated.
The client shall solely be able to claim compensation when its counter-claim has been acknowledged by a final unappealable decision, is indisputable or has been admitted by logiprint and insofar as its counter-claim has been acknowledged by a final unappealable decision, is indisputable or has been admitted by logiprint.
§ 9 Guarantee
The client's guarantee rights shall initially be limited to the right of post-sale duties (rectification or replacement). logiprint shall be entitled to reject the consumer's choice when it is impossible for logiprint to fulfil or when it involves disproportionate expenditure being incurred. In this case, logiprint shall immediately inform the consumer and offer an alternative solution. In the event of the post-sale duties not being fulfilled the consumer shall be entitled to claim a reduction or to terminate the contract.
Regarding all print jobs, logiprint recommends that proofs should firstly be produced before the entire order is sent for printing. This digital test print will give the client a relatively precise idea of the effect of the selected colour. For logiprint to provide a colour guarantee, a binding colour proof shall be the essential prerequisite. Solely machine printing reflects the result of the printing to the same quality level as produced for the main order. If the client wishes to have a firm idea of the likeness of the colour, logiprint recommends having a trial print run using machine printing. Only in this case shall logiprint be able to provide a binding colour quality guarantee.
In the case of orders using RGB data, logiprint does not provide a guarantee of colour likeness. Conversion from a wider RGB colour model to the subtractive CMYK colour model can lead to colour modifications.
In the event of the client being a business, to start with logiprint shall eliminate any defects by rectification or replacement as decided by logiprint. If the client wishes to make a claim due to defects, it must inform logiprint about the defects (quantity or quality) in accordance with the German Commercial Code (Handelsgesetzbuch HGB), Article 377. In this case logiprint shall be entitled to decide whether to rectify or replace the merchandise.
§ 10 Limitation of liability
logiprint does not accept any liability for damages caused by lack of due care provided that they do not affect the key obligations of the contract, damage to life, physical integrity or health or relating to guarantees or complaints linked to the German Product Liability Act (Produkthaftungsgesetz). The same provision shall also apply to any breaches of contract by logiprint assistants.
When the essential contract obligations are breached, liability in cases of simple negligence shall be limited to damages standardly linked to the contract and which are foreseeable, with the maximum amount however being double the price of the sales transaction paid for each order.
§ 11 Data protection
Data required for operations shall be kept by logiprint.
This information is provided based on the provisions contained in the German Federal Data Protection Act (Bundesdatenschutzgesetz BDSG), Article 33, Paragraph 1. All personal data shall be treated as confidential and shall not be used for the purposes of advertising.
The client expressly agrees to the recording, processing and use of its data as well as its rights stemming from the recording, processing and use until revocation. The client shall be entitled to access its data and modify or delete the information at any time.
The client may contact logiprint by email if it, he or she wishes to modify or delete its, his or her personal data.
§ 12 Jurisdiction, place of performance, applicable law
This contract is solely subject to the laws of Spain.
If the client is a business, Las Palmas shall have jurisdiction. However, logiprint is also entitled to sue the client in its, his or her place of residence.
In the event of the general terms and conditions not having become an integral part of the contract, or being totally or partially invalid, the rest of the contract shall still be valid. If the provisions have not become part of the contract or are invalid, the contract shall be governed by the legal provisions. The contract shall only be invalid when maintaining it, even taking into account modifications to be carried out in accordance with the applicable laws, is impossible for one of the parties.