WENZEL is willing to participate in dispute settlement procedures before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes.

I. GENERAL
§ 1 General Liability
(1) Orders to WENZEL GmbH druck-kopie-media are made exclusively on the basis of these General Terms and Conditions (GTC). The version valid at the time the contract is concluded is decisive.
(2) Any deviation from these GTC must be in writing.
(3) Counter-confirmations by the customer with reference to his terms and conditions are hereby contradicted.
(4) Our conditions also apply to all future transactions with the same customer.

II. OFFERS
§ 2 Type of offer
Offers within the meaning of these terms and conditions are all descriptions of the products and services that WENZEL GmbH druck-kopie-media produces or carries out on their behalf for third parties and that are sent to a specific recipient in the form of an individual written price and descriptions of services at their request. They apply ex works and do not include packaging, freight, postage, insurance and other shipping costs. WENZEL transmits offers exclusively by e-mail.

§ 3 Offers to multiple recipients
Offers within the meaning of these GTC are also those that are published in the form of advertising mailings (catalogues, price lists, mailings), in the press, radio and television or in electronic form (by e-mail or on the Internet) and addressed to a large number of recipients .

§ 4 Assurance of properties
(1) The subject matter of the contract is always the goods described in the offer from WENZEL GmbH druck-kopie-media.
(2) Other or more extensive properties and features or a purpose that goes beyond this shall only be deemed to have been agreed if they have been confirmed in writing by WENZEL GmbH druck-kopie-media.
(3) The information provided in public offers according to § 3, in particular drawings, illustrations, dimensions, weights and other services - are only to be understood as approximate values ​​and do not represent any assurance of properties, unless they are agreed in writing as binding.
(4) Statements by WENZEL GmbH druck-kopie-media in connection with the order/the concluded contract (e.g. description of services, reference to DIN standards, etc.) do not include the assumption of a guarantee. In case of doubt, only written declarations by WENZEL GmbH druck-kopie-media regarding the assumption of a guarantee are authoritative.

§ 5 Order data as the basis of the offer
The prices and conditions specified in the individual offers according to § 2 only refer to the order data on which the offer is based.

§ 6 subject to change
Offers are non-binding and do not bind WENZEL GmbH druck-kopie-media. Service descriptions and prices can be changed at any time without prior notice.

III. ORDER PLACEMENT AND ORDER ACCEPTANCE
§ 7 Communication with the customer
(1) When placing the order, the customer specified an address for electronic mail (e-mail address) whose technical functionality he is guaranteed from the time the order is placed until the final completion of the order. This e-mail address is still tacitly valid for future orders until revoked or changed by the client.
(2) WENZEL GmbH druck-kopie-media is entitled, but not obliged, to send notifications of any kind - including those that are essential for the contractual relationship and the proper execution of the contract - by means other than electronic mail. In particular, the customer cannot demand that notifications sent to him by telephone, letter, facsimile (fax) or mobile phone services such as e.g. B. Short Message Service (SMS), nor can they successfully refer to ignorance in the absence of messages on such communication channels if WENZEL GmbH druck-kopie-media has sent the message to the e-mail address in accordance with paragraph 1.
(3) Messages from WENZEL GmbH druck-kopie-media sent by e-mail to the e-mail address in paragraph 1 are deemed to have been received by the client after they have been sent. WENZEL GmbH druck-copy-media is only responsible for transmission errors if the cause is in its own sphere. The customer is entitled to prove that a message sent to him IS not received for reasons beyond his control.
(4) WENZEL GmbH druck-kopie-media is not regularly obliged to inform the customer of missing, incorrect or non-functional e-mail addresses within the meaning of paragraph 1. However, the client is allowed to prove that such a notification would have been technically possible and reasonable.

§ 8 Binding nature of the order
Orders within the meaning of these General Terms and Conditions are binding applications by the client to conclude a contract within the meaning of Section 145 of the German Civil Code. They can be made in writing by post, fax or e-mail, orally or by telephone, or by transmitting the order data on the Internet (“online shop”).

§ 9 Order by sending the printing documents
The transmission of the print documents in any form, in particular by electronic transmission or on data carriers, is considered an order if the intention is recognizable that printed matter should be produced in a certain quantity and quality on the basis of this data. If the customer has not provided any further information, the usual price at WENZEL GmbH druck-kopie-media and the next completion date that can be realized in the production planning are part of the order.

§ 10 Acceptance of the order
The contract is concluded when the order has been received and accepted by WENZEL GmbH druck-kopie-media. The sending of an order confirmation as well as the start of the work associated with the execution of the order is sufficient for acceptance.

§ 11 Acceptance of the order without declaration of acceptance
By placing the order, the client waives a declaration from WENZEL GmbH druck-kopie-media about the acceptance of his order within the meaning of § 151 BGB. If this waiver is ineffective, the contract comes into effect upon receipt of the order confirmation from WENZEL GmbH druck-kopie-media by the client.

§ 12 Order confirmation as a new offer
If the order confirmation from WENZEL GmbH druck-kopie-media deviates from the order in essential points, it is considered a new offer. In this case, the acceptance of this order confirmation by means of an identical declaration by the client is considered acceptance of the offer and thus the conclusion of a contract.

§ 13 Conclusion of contract by acceptance of the delivery or service
The contract between WENZEL GmbH druck-copy-media and the customer comes into effect at the latest with the acceptance or use of the goods delivered by WENZEL GmbH druck-copy-media or the service provided by WENZEL GmbH druck-copy-media by the customer or . media third parties named by him have come about.

§ 14 Withdrawal from the contract by WENZEL GmbH druck-kopie-media
WENZEL GmbH druck-kopie-media does not carry out any orders that violate legal regulations or the rights of third parties and in these cases has the right to withdraw from the contract. In this case, the client owes WENZEL GmbH druck-kopie-media the agreed remuneration less saved expenses.

IV. PRINT STANDARD, PRINT SAMPLE, PRINT RELEASE
§ 15 Printing Standard
The printed matter ordered for offset printing is produced according to the standardization for offset printing with process colors DIN ISO 12647 developed and specified by the Research Institute of the Graphic Industry (FOGRA) together with the Federal Association of Printing and Media (bvdm).

§ 16 Sample
WENZEL GmbH druck-kopie-media is not obliged to take note of or keep unsolicited printouts of the print data. The same applies to other samples, e.g. folding or processing samples, color samples, print products from previous orders, regardless of whether they were produced by WENZEL GmbH druck-copy-media or by other printers.

§ 17 Color Proofs
(1) The customer can request a digital printout of the data converted for the edition from WENZEL GmbH druck-copy-media and thus a color-accurate simulation for a separate fee
of the subsequent print result (color proof print).
(2) If the customer does not ask WENZEL GmbH druck-kopie-media to create a color proof for a fee or refuses to inspect a color proof created for him free of charge, the risk for all defects that have arisen in the process passes to him through their creation and inspection by the Customers would have been avoided passed on to him.

§ 18 Proofs
(1) For a special fee, the customer can also order a color proof (§ 17) from WENZEL GmbH druck-kopie-media based on the
§ 15 require a digital printout of the print-ready data converted for the print run (norm proof according to media standard, norm proof, proof).
(2) The proof is a color-binding template for the print result within the tolerance limits caused by the different properties of the device and substrate compared to the print run and within the framework of the standard mentioned in § 15.
(3) Color fidelity to your original templates (Proof, HKS, RAL, Pantone etc...) cannot be guaranteed. Digital printing can only approximate your specifications. Color deviations and slight streaks due to the printing process are possible. Color deviations or slight streaking therefore do not justify a complaint. For your safety, we recommend a test print. Costs EUR 30.00 per item up to format A2 or delivery of the print data on CD with a color printout.

§ 19 Machine proofs
(1) Instead of a color proof (§ 17), the customer can also request a proof from WENZEL GmbH druck-copy-media for a special fee on the printing machine intended for printing the entire edition (machine proof).
(2) The machine proof is produced on the printing material agreed in the order and is a binding color template for the later printing result within the current state of the printing technology.

§ 20 Imprimatur
(1) The release for printing and production (imprimatur) is deemed to have been granted once the print data has been sent. The condition of the print data at the time of receipt by WENZEL GmbH druck-copy-media is decisive for the obligations of WENZEL GmbH druck-copy-media in the further production process, unless it is a color test print, a proof or a machine proof created .
(2) WENZEL GmbH druck-kopie-media is entitled to automatically process the customer's print data without the data being viewed on a PC output device (screen, printer). However, the customer has the right to have his data viewed by WENZEL GmbH druck-kopie-media and checked for certain errors (data check) for a special fee.
(3) If WENZEL GmbH druck-kopie-media is commissioned to create a color proof, a proof or a machine proof, the imprimatur shall be deemed to have been granted if the client does not create the color proof, proof or machine proof immediately.
(4) The risk of any errors is transferred to the client with the imprint, unless the error is one that only arose or could only be recognized during the manufacturing process after the imprint. The same applies to all other release declarations by the client.

V. SPECIAL COMPENSATION
§ 21 Compensation in the event of an order change
Changes after the order has been accepted by WENZEL GmbH druck-kopie-media will be charged, including any machine downtime that may be caused as a result. Subsequent changes also include repetitions of test prints requested by the customer due to minor deviations from the template, as well as any change in the commercial order data, in particular the invoice recipient, the delivery address, the shipping method or the payment method. In addition to the regular fee, a processing fee of EUR 9.00 per change will be charged in these cases.

§ 22 Preliminary work initiated by the client
Sketches, drafts, test sentences, test prints, proofs, proofs and similar preparatory work as well as the examination, modification or transmission of print data made available by the customer are made according to the print-copy media at WENZEL GmbH, even if no print order is placed.

§ 23 Preliminary work without the client's instigation
(1) WENZEL GmbH druck-kopie-media is entitled, but not obliged, to carry out necessary preparatory work, in particular the processing of the print data, independently without consulting the customer if this is in the customer’s economic interest or serves to complete the order by the date it is placed. This work will be charged according to the time required.
(2) If the costs of the additional work calculated according to paragraph 1 do not exceed ten percent of the agreed remuneration, the customer's consent to the assumption of these additional costs shall be deemed to have been given even without consultation with the customer.
(3) The assumption of additional costs incurred by the customer through the execution of preparatory work according to paragraph 1 and which exceed ten percent of the agreed remuneration for the order requires the consent of the customer.

§ 24 Compensation for damages in the event of withdrawal from the contract
(1) If WENZEL GmbH druck-copy-media withdraws from the contract for an important reason or if the customer withdraws from the contract without an important reason, WENZEL GmbH druck-copy-media owes the agreed remuneration for the order less saved expenses. The customer is at liberty to prove that the damage was less.
(2) An important reason within the meaning of paragraph 1 exists in particular if the customer does not make the print data available in good time and even after a reminder from WENZEL GmbH druck-kopie-media within a reasonable period of time.
(3) An important reason within the meaning of paragraph 1 also exists if the customer does not make the owed advance payment (payment in advance) in good time even after a reminder from WENZEL GmbH druck-copy-media, setting a reasonable grace period.

§ 25 Shipping costs
Packaging, freight, postage, insurance and other shipping costs
are to be replaced or paid for by WENZEL GmbH druck-kopie-media.

VI. PRINCIPLES OF ORDER EXECUTION

§ 26 Trade Regulations
In commercial transactions, the commercial practices of the printing industry apply (e.g. no obligation to hand over intermediate products such as data, lithographs or printing plates that are created to produce the end product owed), unless otherwise agreed in writing.

§ 27 Exclusion of the obligation to examine
Deliveries of any kind by the customer or by a third party commissioned by him - this also applies to data carriers and transmitted data - are not subject to an inspection obligation on the part of WENZEL GmbH druck-kopie-media.

VII. COMPLETION DATES
§ 28 Non-binding nature of planned completion dates
The deadlines for the execution of the order stated in the offer or in the order confirmation correspond to the respective planning status. They are non-binding expected completion dates.

§ 29 Exclusion of Compensation
Claims for damages by the customer or third parties due to non-compliance with binding deadlines by WENZEL GmbH druck-kopie-media are expressly excluded, unless the customer has threatened this in writing and set another reasonable deadline or it is a fixed date.

§ 30 Deadline for performance or supplementary performance
In the event of non-compliance with the expected completion date, WENZEL GmbH druck-kopie-media must be given a reasonable deadline for performance or supplementary performance. This period ends at the earliest on the third working day after the originally planned completion date. If the further processing or finishing of the goods goes beyond mere cutting and folding, at least three additional working days must be added.

§ 31 Deadline for regularly recurring appointments
If the completion date that is not met is a regularly recurring date advertised in public offers in accordance with Section 3, which bundles the manufacture of a specific product in collective forms (so-called "SPECIALs"), the next published regular date shall be deemed to be the completion date sufficient if this is not more than two weeks after the missed completion date.

§ 32 Withdrawal from the contract in the event of non-compliance with the deadline
After the unsuccessful expiry of a reasonable period of time for performance or supplementary performance, the customer can withdraw from the contract, but WENZEL GmbH druck-kopie-media can invoice the deliveries or services ordered by the customer and accepted up to this point in time.

§ 33 Fixed Dates
(1) Fixed dates for the completion of the order within the meaning of § 361 BGB apply ex works and are only valid if they are confirmed in writing by WENZEL GmbH druck-kopie-media as a fixed date.
(2) Non-compliance with fixed deadlines entitles the customer to withdraw from the order immediately and free of charge, however, WENZEL GmbH druck-kopie-media may charge for the deliveries or services ordered by the customer and already accepted up to this point in time.

§ 34 Default of the client
The delivery period is extended at least by the period in which the customer is in default with the fulfillment of his contractual obligations. The fulfillment of the contractually owed service by WENZEL GmbH druck-kopie-media requires the fulfillment of the contractually owed preliminary services by the customer.

VIII. SHIPPING
§ 35 Passing of Risk upon Shipping
If the goods are to be delivered for the customer or items brought in are to be returned, the risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport.

§ 36 Exclusion of liability for the carrier
The client has the right to determine the carrier. If the client does not make use of this, WENZEL GmbH druck-kopie-media commissions third-party companies (freight carriers) with the shipping, observing the prescribed care and at its own expense, but in the name and at the risk of the client WENZEL GmbH druck-copy-media is excluded. This applies in particular to the delivery dates agreed with the client, unless WENZEL GmbH druck-kopie-media is responsible for gross negligence or intent.

§ 37 Insurance of the carrier
(1) The respective shipping conditions of the carrier apply to shipping. The goods to be shipped are only insured to the usual extent at the lowest insurance value, regardless of their actual value.
(2) WENZEL GmbH druck-kopie-media will only take out further insurance policies and higher sums insured if the customer so requests in writing
closed. The costs are at his expense.

§ 38 assignment of claims against the carrier
As a precaution, the customer assigns recourse claims against the company commissioned with the delivery or shipment, for whatever reason, to WENZEL GmbH druck-kopie-media. WENZEL GmbH druck-kopie-media hereby accepts the assignment and will pursue these claims to the best of its knowledge and belief with the usual care and credit the client for the amounts collected in the event of utilization.

IX. ACCEPTANCE AND BILLING
§ 39 Collection obligation of the customer
The customer is responsible for collecting the goods and services produced by WENZEL GmbH druck-kopie-media, unless otherwise agreed in writing.

§ 40 Approval and change of accounting
The accounting is subject to any errors. WENZEL GmbH druck-kopie-media can issue a new, corrected invoice if necessary.

§ 41 Default of Acceptance
(1) WENZEL GmbH druck-kopie-media is entitled to store the delivery items at the risk and expense of the customer for the duration of the delay in acceptance by the customer or the recipient named by him.
(2) WENZEL GmbH druck-kopie-media can also use a warehouse keeper for this purpose. The storage costs arising from the refusal of acceptance as well as any additional transport costs shall be borne by the customer and shall be reimbursed to WENZEL GmbH druck-kopie-media.
(3) If the customer refuses to accept the service in whole or in part, or if the order cannot be carried out for a reason for which the customer is responsible, WENZEL GmbH druck-kopie-media can, without prejudice to the right to provide the service, reimburse the expenses and expenses already incurred for the order Pay the cost of removing materials/equipment already manufactured, claim damages of 10% of the contract value or equivalent part. The customer is free to prove that the damage was less. The optional performance claim of WENZEL GmbH druck-copy-media remains unaffected.

X. RESERVATION OF TITLE
§ 42 Retention of title
The delivered goods remain the property of WENZEL GmbH druck-kopie-media until full payment has been made. In the case of deliveries to merchants for their business operations and to legal entities under public law or special funds under public law, the delivered goods remain the property of WENZEL GmbH until all claims arising at the time the contract was concluded, including all claims from repeat orders and repeat orders - media stays.

§ 43 Resale despite retention of title
(1) The customer is only entitled to resell in the ordinary course of business. The customer assigns his claims from the resale, which he acquires against his customers or third parties, as well as claims from insurance payments due to loss of or damage to the reserved goods or due to tortious acts in the amount of the price owed to us as security WENZEL GmbH druck-kopie-media / the liability to. WENZEL GmbH druck-kopie-media accepts the assignment. At the request of WENZEL GmbH druck-copy-media, the customer will disclose this assignment and provide WENZEL GmbH druck-copy-media with the necessary information and documents.
(2) The customer is revocably authorized to collect the assigned claim. WENZEL GmbH druck-kopie-media will only withdraw from the contract and collect the assigned claim if the customer is in arrears with his payment obligation, has stopped making payments or has filed an application for the opening of insolvency proceedings against his assets.
(3) At the latest in the event of default, the customer is obliged to name the debtor of the assigned claim. If the value of the securities existing for WENZEL GmbH druck-kopie-media exceeds the claims by a total of more than 20%, WENZEL GmbH druck-kopie-media is entitled at the request of the customer or a third party affected in this respect - security, to release Collateral of your choice.
(2) The customer is revocably authorized to collect the assigned claim. WENZEL GmbH druck-kopie-media will only withdraw from the contract and collect the assigned claim if the customer is in arrears with his payment obligation, has stopped making payments or has filed an application for the opening of insolvency proceedings against his assets.
(3) At the latest in the event of default, the customer is obliged to name the debtor of the assigned claim. If the value of the securities existing for WENZEL GmbH druck-kopie-media exceeds the claims by a total of more than 20%, WENZEL GmbH druck-kopie-media is entitled at the request of the customer or a third party affected in this respect - security, to release Collateral of your choice.

§ 44 Retention of title
In the case of treatment or processing of goods delivered and owned by third parties, WENZEL GmbH druck-kopie-media is to be regarded as the manufacturer in accordance with § 950 BGB and always retains ownership of the products during processing. If third parties are involved in the treatment or processing, WENZEL GmbH druck-kopie-media is limited to a co-ownership share in the amount of the invoice value of the reserved goods. The property acquired in this way is considered reserved property.

XI. PAYMENT, DEFAULT AND COLLECTION
§ 45 Advance payment, invoice and payment
(1) WENZEL GmbH druck-kopie-media can demand payment in advance or a bank guarantee for all orders.
(3) Payments are to be made without any deductions. Any discount agreement does not apply to freight, postage, insurance and other shipping costs.
(1) If the fulfillment of the payment claim is jeopardized by a significant deterioration in the customer’s financial situation that occurs or becomes known after the conclusion of the contract, WENZEL GmbH druck-kopie-media can also subsequently demand advance payment, withhold goods that have not yet been delivered and stop further work .
(2) WENZEL GmbH druck-kopie-media shall also be entitled to the rights pursuant to paragraph 1 if the customer is in arrears with the payment of other invoices to WENZEL GmbH druck-kopie-media.

§ 47 Due date
Unless otherwise agreed, payment is due immediately upon receipt of the invoice.

§ 48 Default of Payment
(1) In the event of a delay in payment, interest on arrears must be paid in accordance with the statutory provisions. This does not exclude the assertion of further default damages.
(2) If the customer does not pay the price/remuneration within 10 days after receipt of the invoice and delivery or provision of the goods for collection, he will be in default even without a reminder.

§ 49 Cheques, credit cards and direct debit orders
(1) Checks and credit cards are only accepted as payment based on a special written agreement with the customer. They are always accepted on account of payment, not on account of performance.
(2) The customer bears the external costs associated with the check or credit card payment for WENZEL GmbH druck-kopie-media together with the check issuer, credit card holder or account holder. This applies in particular in the event that checks or direct debits are presented to the affiliated bank but are not cashed by them. In this case, the external costs and a flat-rate processing fee of EUR 29.45 are due, whereby WENZEL GmbH druck-kopie-media reserves the right to prove greater damage.
(3) The subsequent blocking of a check or credit card, if the possession of the ordered goods and services was previously caused by their release, is considered a serious breach of contract and triggers a contractual penalty in the above amount, regardless of the assertion of the aforementioned damage to the check or the credit card direct debit was issued.

§ 50 Prohibition of offsetting
The client can only offset undisputed or legally established claims or exercise a right of retention.

§ 51 collection clause
Insofar as the claims of WENZEL GmbH druck-kopie-media are overdue and the commercial dunning procedure has been unsuccessful, WENZEL GmbH druck-kopie-media or the assignee is entitled to make use of the debt collection service
entitled to assert the claim. The costs incurred for this in the usual amount are to be borne by the customer/client of WENZEL GmbH druck-kopie-media.

XII. COMPLAINTS AND WARRANTY FOR DEFECTS
Preliminary remark: The page for out-of-court online dispute resolution (so-called OS platform, mandatory for online retailers since January 9th, 2016) can be found here: link to the OS plattform.
§ 52 Disclaimer of Warranties for Print Data
(1) WENZEL GmbH druck-kopie-media only prints the print data provided by the customer, regardless of their condition, and therefore assumes no liability for defects based on the condition of this print data.
(2) A warranty from WENZEL GmbH druck-kopie-media does not apply to print data that - contain CMYK color profiles and/or
(3) Wenzel GmbH druck-copy-media also assumes no liability if the quality of the print data or its creation deviates from the specifications.

§ 53 Exclusion of warranty in the event of a missing color proof
If the customer does not order a color proof, proof or machine proof created by WENZEL GmbH druck-kopie-media or has not immediately objected to a color proof, proof or machine proof created by WENZEL GmbH druck-copy-media, warranty claims are excluded unless they relate to defects for which knowledge of a color proof, proof or machine proof is irrelevant.

§ 54 Warranty in special cases
WENZEL GmbH druck-copy-media assumes the warranty for defects due to the quality of the print data in all cases in which these print data were created as part of the order by WENZEL GmbH druck-copy-media itself or in WENZEL GmbH druck-copy -media itself or at the request of the client has changed the print data or where the unsuitability of the print data provided by the client is obvious.

§ 55 Customer's duty to inspect upon receipt of the goods
In any case, the customer must immediately check the conformity of the delivered goods and the preliminary and intermediate products sent for correction.

§ 56 Complaints and Complaint Period
Complaints about obvious defects are only permitted in writing and immediately after receipt of the goods. Non-obvious defects are to be asserted within the statutory warranty periods.

§ 57 Excess or Short Delivery
Excess or short deliveries of up to 10% of the ordered edition are not considered a defect and cannot be objected to. Each contracting party can request the calculation of the quantity actually delivered.

§ 58 Usability of the goods
(1) Deviations from the contract that are irrelevant to the usability of the goods do not change the conformity of the goods with the contract and cannot be objected to.
(2) Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.
In the event of justified complaints, WENZEL GmbH druck-kopie-media shall, at the customer's discretion, either rectify the defect or make a replacement delivery to the exclusion of further claims. If the type of supplementary performance chosen by the client is only possible with disproportionate costs, he is limited to the other type of supplementary performance.

§ 60 Return of rejected goods
The prerequisite for the repair or replacement is the return of the defective part of the goods to WENZEL GmbH druck-kopie-media. Wenzel GmbH druckkopie-media bears the costs of the return up to the amount of the costs of the return invoiced to the customer.

§ 61 Deadline for rectification or replacement delivery
WENZEL GmbH druck-copy-media has a reasonable deadline for rectification or replacement. The period ends at the earliest on the fourth working day after receipt of the return by WENZEL GmbH druck-copy-media. If the further processing or finishing of the goods goes beyond mere cutting and folding, at least one working day must be added for each processing or finishing measure.

§ 62 Withdrawal from the contract in the event of material defects
In the event of late, omitted or failed rectification or replacement delivery, the customer is entitled to withdraw from the contract to the exclusion of damages if he has threatened this at least once in writing, setting a deadline.

XIII. LIABILITY
§ 63 Information
(1) Information within the meaning of these General Terms and Conditions is technical descriptions and advice in writing and images, whether they are publicly available or given in person, as well as verbal and telephone answers to inquiries of all kinds.

§ 64 Claims for damages and reimbursement of expenses
(1) Claims for damages and reimbursement of expenses by the customer, for whatever legal reason, are excluded. This includes breaches of duty from the contractual relationship and from tort, financial loss, loss of profit, business interruption, loss of information, incorrect advice, replacement products or loss of data. This exclusion of liability does not apply in the case of slightly negligent violation of essential contractual obligations, also by legal representatives or vicarious agents of the contractor; in this respect he is only liable for the foreseeable, contract-typical, direct average damage depending on the type of goods, in the case of culpable injury to life, limb or health of the customer,
in the case of fraudulently concealed defects and an assumed guarantee for the quality of the goods.
(2) WENZEL GmbH druck-copy-media is only liable for deviations in the quality of the material used up to the amount of its own claims against the respective supplier. In such a case, WENZEL GmbH druck-kopie-media is released from liability if WENZEL GmbH druck-kopie-media assigns claims against its own supplier to the customer.
(2a) WENZEL assumes no liability for flawless printing or flawless adhesion of the printing ink on material provided by the customer.
(3) Liability for damage of all kinds, including consequential damage, which the customer or a third party incurs due to defects in the goods/delivery or due to gross negligence on the part of WENZEL GmbH druck-kopie-media during execution. The order is generally limited to the amount of the order value limited. (4) A change in the burden of proof to the detriment of the customer is not associated with the above regulations.

§ 65 Liability of the client
(1) The client is fully liable for the completeness and correctness of the print data supplied, even if there are data transmission or data medium errors for which WENZEL GmbH druck-kopie-media is not responsible.
(2) The customer is solely liable if the execution of his order violates the rights of third parties, in particular copyrights. The client hereby indemnifies WENZEL GmbH druck-kopie-media from all claims by third parties due to such an infringement.

§ 66 Force Majeure
(1) Delivery and service delays due to force majeure or unforeseeable events that make execution significantly more difficult or impossible and that WENZEL GmbH druck-kopie-media is not responsible for (this includes in particular war, war-like events, official orders, refusal to export -, import or transit permits, national measures to restrict trade, strikes, lockouts and other operational disruptions of any kind as well as traffic disruptions) - regardless of whether these events occur at WENZEL GmbH druck-kopie-media, its suppliers or subcontractors - entitle the WENZEL GmbH druck-kopie-media, to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or - if not yet fulfilled - to withdraw from the contract in whole or in part.
(2) In the cases of paragraph 1, termination by the customer is possible at the earliest two weeks after the occurrence of the disruption described above, but only if waiting is no longer reasonable for him. Liability of WENZEL GmbH druck-kopie-media is excluded in these cases.

§ 67 export control regulation
Goods manufactured or delivered by WENZEL GmbH druck-kopie-media are only intended for clients/customers in countries that comply with the export control regulations of the Federal Office of Economics and Export Control. Re-export to third countries without an export permit from the Federal Office of Economics and Export Control and use or exploitation of the goods delivered by WENZEL GmbH druck-kopie-media without official approval is not permitted.

XIV. STATUTE OF LIMITATIONS
§ 68 Deadline for action
If claims for damages are asserted, they will be asserted within three months after written rejection by WENZEL GmbH druck-kopie-media; later assertion is excluded, unless a procedure to preserve evidence has been initiated.


§ 69 Statute of limitations
Claims by the customer for warranty and/or compensation expire one year after delivery of the goods, with the exception of the claims for compensation mentioned in Section 64, Paragraph 3. This does not apply if the contractor has acted fraudulently.

XV. INDUSTRIAL PROPERTY RIGHTS / COPY
§ 70 Copyright
(1) WENZEL GmbH retains print- copy-media all rights. With the remuneration for this work, the client only pays for the work performed itself, but not for the intellectual property rights, in particular not the right to further reproduction.
(2) The copyright can be transferred to the client or a third party for a fee if this is agreed in writing. In this case, the rights only become the property of the client or the third party upon payment of the agreed fee.

XVI RECEIPT / ARCHIVING
§ 71 Items brought in
Objects brought in or sent by WENZEL GmbH druck-kopie-media at the request of Wenzel GmbH, in particular templates, data and data carriers, are treated with the necessary care in the context of order initiation and for processing the order and are stored until the time of processing (order processing ) and then destroyed, unless the return was requested in writing when the order was placed. They will only be archived after written agreement and for a special fee.

§ 72 Data Recovery
The search for the data in the archive, its decompression and preparation for further processing, in particular its processing or its dispatch by WENZEL GmbH druck-copy-media is charged for each archived print job at the flat rate published in the price list.

§ 73 Return of items brought in
The sending/return of data or other order documents to the customer or third parties will be charged for each print order at the flat rate published in the price list plus the freight and courier costs assumed by WENZEL GmbH druck-kopie-media, at the customer's discretion.

XVII. DATA SECURITY / PRIVACY
§ 74 Data protection
When transferring data, the customer must use state-of-the-art protection programs for computer viruses.

§ 75 data backup
Data backup is the sole responsibility of the client. WENZEL GmbH druck-kopie-media is entitled, but not obliged, to make copies of the print data.

§ 76 Storage, disclosure and deletion of personal data
(1) The data collected as part of the business initiation and the data required for order processing are stored in electronic form. WENZEL GmbH druck-kopie-media is entitled to further process the data and to prepare written extracts from it as part of the processing.
(2) WENZEL GmbH druck-kopie-media is entitled to pass on the personal data stored for the purpose of contract processing to third parties, in particular credit institutions, credit protection organizations and collection agencies, in compliance with the applicable data protection regulations, insofar as this is necessary for order processing or to protect legitimate interests of WENZEL GmbH Print-Copy media. A transfer also takes place to the extent required in each case to contractors who are entrusted with the execution of the order, as well as to office organization companies who are commissioned with the dispatch and receipt of mail, market research tasks and telecommunications services for WENZEL GmbH druck -Kopie-Medien.
(3) WENZEL GmbH druck-kopie-media deletes personal data at the written request of the entitled party. Deletion takes place immediately after receipt of the request by WENZEL GmbH druck-kopie-media. In the case of data that is stored electronically within the framework of the principles of proper accounting, the deletion ends immediately after the statutory minimum retention periods have expired. The data required for legal prosecution will be deleted immediately after WENZEL GmbH druck-kopie-media has no legitimate interest in storing it.

XVIII. FINAL PROVISIONS
§ 77 Place of performance
The place of performance for all obligations arising from the contract is the registered office of our company, unless expressly excluded by law or otherwise agreed in writing with the customer.

§ 78 Place of Jurisdiction
(1) The place of jurisdiction for all disputes arising from the contractual relationship is always the registered office of our company. This does not apply if the customer is a natural person in Germany acting for private purposes (consumer).
(2) If the customer has his domicile or habitual abode abroad, the place of jurisdiction for all claims in connection with the contractual claims is the registered office of the company. Our company is also entitled to sue at the customer's general place of jurisdiction.

§ 79 Application of German law
German law applies exclusively, excluding the UN sales law, even if the order or delivery is made from abroad.

§ 80 Severability Clause
The effectiveness of the remaining provisions is not affected by the ineffectiveness of one or more provisions of these General Terms and Conditions. In all cases of the ineffectiveness of a provision, this ineffective provision is to be replaced by one that comes as close as possible to the economic meaning and purpose of the ineffective provision.

Supplement to the General Terms and Conditions, affects orders via this website:

General Terms and Conditions of WENZEL GmbH Print - Copy - Media

§ 1 Scope
(1) The following general terms and conditions (GTC) are part of the contract between WENZEL GmbH druck - copy - media, Klosterhofstraße 2, 80331 Munich (hereinafter “WENZEL”), represented by the managing director Matthias Wenzel, and the customer (hereinafter: “customer”) and their legal successors.
(2) WENZEL provides services, performance and deliveries in its online shop exclusively on the basis of these General Terms and Conditions. 

§ 2 Contract/ contractual services
(1) The presentation of the services, in particular in brochures, advertisements and on the Internet, does not constitute a legally binding offer from WENZEL.
(2) A contract is only concluded with a written order confirmation from WENZEL or implied with the start of the service owed by WENZEL according to the respective contract. Subsidiary agreements, changes and additions are only valid if they are confirmed in writing by WENZEL.
(3) WENZEL reserves the right to reject customer applications in individual cases. Customer applications can be rejected in particular if the order deviates from the requirements specified by WENZEL (see point "Data delivery" at the end of this website) or if there are concerns about the customer's creditworthiness.
(4) Orders and delivery addresses outside of the Federal Republic of Germany, Austria and Switzerland are currently not accepted. Payments already made will be returned or credited to the credit card account.

§ 3 Copyrights
(1) WENZEL is the originator of the illustrations offered as decorative and explanatory images in this online shop and on the website www.wenzel-muc.de. The originatoror can also be a partner of WENZEL or the customer who sends in his own pictures or another third party.
(2) WENZEL has received an unrestricted, unconditional, transferable (unrestricted) right to use the images from the respective partner and is entitled to use the respective images for the products offered to the customer and to sell these products to the customer, the customer to grant the right of use and to transfer ownership of the products so that the products delivered are free of third-party rights.
(3) The respective partner has also assured WENZEL that the use of the images described in paragraph 2 does not conflict with any copyrights, other property rights or the rights of third parties.
(4) The products sold by WENZEL as such may only be used by the customer for private or business purposes (e.g. for company presentations at trade fairs) indefinitely and worldwide. However, commercial resale and any duplication, distribution, making publicly available, modification or processing of the products is prohibited.

§ 4 Customer obligations
(1) The processing of the data and image products supplied by the customer takes place as part of a technically automated process without manual preliminary checks and corrections by WENZEL. By uploading files, the customer confirms that he has the right to distribute and reproduce the content and materials of this file.
(2) The customer guarantees that the content and materials of a transmitted file do not violate applicable law, in particular criminal law regulations.
(3) The customer guarantees in particular a) that there are no illegal, violent, racist, racist templates, materials and content, means of propaganda, signs of unconstitutional parties or their substitute organizations or instructions for criminal offenses, pornographic templates, materials or content that the sexual abuse of children or sexual acts with animals and no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age are sent to WENZEL; b) that no youth protection laws or criminal laws are violated. This applies in particular to the legal provisions of §§ 184 ff StGB (distribution of pornography), 185 ff StGB (insult, defamation, defamation) as well as the provisions of the youth media protection state treaty; c) that the templates (in particular image and text files), content and materials transmitted to WENZEL do not infringe any copyright, trademark or other property rights of third parties, general personal rights or other third-party rights. WENZEL reserves the right to permanently block customer accounts if such print jobs are repeatedly offered.

§ 5 Conclusion of contract
(1) After entering the customer's personal data and clicking the "Order" or "Send order" button in the final step of the ordering process, the customer places a binding order for the goods contained in the electronic shopping cart. The confirmation of receipt of the order will be sent to the customer by e-mail immediately after the order has been sent. This confirmation of receipt informs the customer that his order has been received by WENZEL. At the same time, WENZEL accepts the customer's order and the purchase contract is concluded. With the confirmation of receipt, the customer also receives all customer information relevant to his documents. If the customer does not receive an order confirmation from WENZEL within 2 weeks, he is no longer bound to his order. If WENZEL does not receive any print data or payment within 5 weeks, WENZEL is no longer bound to the order.
(2) In the case of orders with delivery to third parties, the purchaser is deemed to be the client. If the delivery is made to third parties for their benefit or if the recipient of the delivery is enriched in any other way by taking possession and further use of the delivery, the buyer and recipient of the delivery are jointly deemed to be the client. By placing such an order, the customer implicitly represents that consent has been given.
 
§ 6 Liability for Damages
(1) If WENZEL sends the goods to a place other than the place of performance at the customer's request, the risk passes to the customer at the moment WENZEL has handed over the goods to the forwarding agent, carrier or other person or with the execution of the shipment commissioned institution delivered. The above does not apply if the client is a consumer.
(2) Claims for damages by the customer are excluded, subject to the following provisions, unless the cause of the damage was caused intentionally or through gross negligence. This also applies to slightly negligent breaches of duty by our vicarious agents.
(3) The above exemption from liability does not apply if Wenzel negligently violates an essential contractual obligation (cardinal obligations); In this case, however, WENZEL's obligation to pay compensation is limited to the foreseeable damage that is typical for the contract. In particular, the contractor is not liable for lost business profits or lost savings. This also applies to all damage caused by employees, representatives and vicarious agents of WENZEL. The transfer of risk to the customer also takes place in the case of freight and free house deliveries, provided the customer is not a consumer. Shipments with external damage can only be accepted by the orderer/customer after the damage has been determined by the forwarding agent/carrier.
(4) All templates and customer materials handed over to us for further processing are treated by WENZEL with the usual care. WENZEL assumes no liability for damage to customer material or loss. Further claims of any kind are excluded.
(5) WENZEL assumes no liability for spelling and typographical errors, color reproduction or problems that arise from exceeding the maximum color application of 300%. The overprint settings and the position of fold and perforation lines are also usually not checked, since design considerations can be in the foreground here.
(6) Printed matter and electronic publications are created according to the customer's content specifications. For this reason, the WENZEL customer is liable for the unrestricted right to use, transfer and disseminate all data or templates provided, including text and image material. The customer is also liable for ensuring that the production of the printed matter he has ordered does not infringe any industrial property rights or copyrights of third parties and that their content does not violate competition law regulations or morality.

§ 7 Revocation
(1) The right of withdrawal does not apply to long-distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.
(2) Consumers have a fourteen-day right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.
(3) If you make use of your right of withdrawal, you have to bear the regular costs of returning the goods if the delivered goods correspond to those ordered and the price of the goods to be returned does not exceed an amount of 40 euros or if you paid a higher price for the goods at the have not yet rendered a consideration or contractually agreed partial payment at the time of the revocation. Otherwise, the return is free for you.

§ 8 Cancellation Policy

Our cancellation policy and the right of withdrawal apply in their current form. These can be found here.