GTC

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

I. GENERAL
§ 1 General applicability
(1) Orders placed with WENZEL GmbH druck-kopie-media shall be carried out exclusively in accordance with these General Terms and Conditions (GTC). The version valid at the time the contract is concluded shall apply.
(2) Any deviation from these Terms and Conditions must be in writing.
(3) Any counter-confirmations by the client referring to their terms and conditions are hereby rejected.
(4) Our Terms and Conditions shall also apply to all future transactions with the same client.

II. OFFERS
§ 2 Nature of the offer
For the purposes of these General Terms and Conditions, ‘quotations’ refer to all descriptions of the products and services that WENZEL GmbH druck-kopie-media produces or performs on behalf of third parties and which are sent to a specific recipient in the form of individual written price and service specifications in response to a request from that recipient. They are ex works and do not include packaging, freight, postage, insurance or other shipping costs. WENZEL sends offers exclusively by email.

§ 3 Offers to multiple recipients
For the purposes of these Terms and Conditions, ‘offers’ also include those published in the form of promotional material (catalogues, price lists, mailshots), in the press, on radio and television, or in electronic form (by email or on the internet), and which are directed at a large number of recipients.

§ 4 Warranty of Quality
(1) The subject matter of the contract shall always be the goods as described in the quotation issued by WENZEL GmbH druck-kopie-media.
(2) Any other or additional properties and characteristics, or any intended use beyond those specified, 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 pursuant to Section 3 – in particular drawings, illustrations, dimensions, weights and other specifications – is to be regarded as approximate only and does not constitute a guarantee of specific characteristics, unless it is agreed in writing that it is binding.
(4) Statements made by WENZEL GmbH druck-kopie-media in connection with the order placed or contract concluded (e.g. specifications, references to DIN standards, etc.) do not constitute a guarantee. In case of doubt, only written statements by WENZEL GmbH druck-kopie-media regarding the assumption of a guarantee shall be decisive.

§ 5 Order details as the basis for the quotation
The prices and terms set out in individual quotations in accordance with Section 2 apply only to the order details on which the quotation is based.

§ 6 Subject to change
Quotations are subject to change and are not binding on WENZEL GmbH druck-kopie-media. Service descriptions and prices are subject to change at any time without prior notice.

III. PLACING AND ACCEPTANCE OF ORDERS
§ 7 Communication with the customer
(1) The Client must provide an email address no later than at the time the order is placed, and must ensure that this address remains technically operational from the time the order is placed until the order is finally completed. Unless revoked or changed by the Client, this email address shall also apply tacitly to future orders.
(2) WENZEL GmbH druck-kopie-media is entitled, but not obliged, to send notifications of any kind – including those that are of essential importance to the contractual relationship and the proper performance of the contract – by means other than email. In particular, the client may not demand that notifications be sent to them by telephone, letter, fax, or mobile phone services such as Short Message Service (SMS); nor may the Client successfully claim ignorance in the absence of notifications via such communication channels if WENZEL GmbH druck-kopie-media has sent the notification to the email address specified in paragraph 1.
(3) Notifications from WENZEL GmbH druck-kopie-media sent by email to the email address specified in paragraph 1 shall be deemed to have been received by the Client upon dispatch. WENZEL GmbH druck-kopie-media shall only be liable for transmission errors if the cause lies within its own sphere of control. The Client shall be entitled to prove that a communication sent to it has not been received for reasons beyond its control.
(4) WENZEL GmbH druck-kopie-media is not generally obliged to notify the client of missing, incorrect or non-functional email addresses within the meaning of paragraph 1. However, the client is entitled to prove that such notification would have been technically possible and reasonable.

§ 8 Compliance with the contract
Orders within the meaning of these General Terms and Conditions constitute binding offers by the customer to enter into a contract within the meaning of Section 145 of the German Civil Code (BGB). They may be placed in writing by post, fax or email, verbally or by telephone, as well as by submitting the order details via the internet (»online shop«).

§ 9 Order placed by sending the print files
The submission of print files in any form, in particular via electronic transmission or on data storage media, shall be deemed to constitute an order if it is clear that the intention is to have printed materials produced in a specific quantity and to a specific standard based on these files. If the client has not provided any further details, the standard price charged by WENZEL GmbH druck-kopie-media and the next feasible completion date in the production schedule shall be deemed to form part of the order.

§ 10 Acceptance of the Order
The contract is concluded once the order has been received and accepted by WENZEL GmbH druck-kopie-media. Acceptance is deemed to have taken place upon dispatch of an order confirmation or upon commencement of the work associated with the execution of the order.

§ 11 Acceptance of the contract without a declaration of acceptance
By placing an order, the Client waives, within the meaning of Section 151 of the German Civil Code (BGB), the right to receive a confirmation of acceptance of the order from WENZEL GmbH druck-kopie-media. In the event that this waiver is invalid, the contract shall be deemed to have been concluded upon receipt by the client of the order confirmation from WENZEL GmbH druck-kopie-media.

§ 12 Order confirmation as a new offer
If the order confirmation issued by WENZEL GmbH druck-kopie-media differs from the order in any material respect, it shall be deemed a new offer. In such a case, the client’s approval of this order confirmation by means of a corresponding declaration shall be deemed acceptance of the offer and thus the conclusion of the contract.

§ 13 Conclusion of the contract upon acceptance of the goods or services
The contract between WENZEL GmbH druck-kopie-media and the client shall be deemed to have been concluded at the latest upon acceptance or use of the goods delivered by WENZEL GmbH druck-kopie-media or the services provided by WENZEL GmbH druck-kopie-media, by the client or a third party designated by the client.

§ 14 Withdrawal from the contract by WENZEL GmbH druck-kopie-media
WENZEL GmbH druck-kopie-media will not carry out any orders that contravene legal provisions or infringe the rights of a third party, and in such cases reserves the right to withdraw from the contract. WENZEL GmbH druck-kopie-media also reserves the right to withdraw from the contract if, during the performance of the contract, additional services are to be provided at the client’s request without these being part of the contract and without having been declared in writing by the client prior to the conclusion of the contract. In such cases, the client shall owe WENZEL GmbH druck-kopie-media the agreed remuneration less any expenses saved.

IV. PRINTING STANDARDS, PRINT PROOFS, PRINT APPROVAL, CLIENT MATERIALS
§ 15 Printing standard
The production of printed materials commissioned for offset printing is carried out in accordance with the standardisation for offset printing using process colours, which was developed by the Research Institute for the Graphic Arts Industry (FOGRA) in collaboration with the German Printing and Media Association (bvdm) and is set out in DIN ISO 12647.

§ 16 Samples
WENZEL GmbH druck-kopie-media is under no obligation to take note of or retain unsolicited printouts of print data. The same applies to other samples, e.g. folding or finishing samples, colour samples, and printed products from previous orders, regardless of whether these were produced by WENZEL GmbH druck-kopie-media or by other printers.

§ 17 Colour proofs
(1) The client may, in return for a specific fee, request WENZEL GmbH druck-kopie-media to produce a digital printout of the print-ready data converted for production printing, thereby obtaining a colour-accurate simulation
to check the final print result (colour proof).
(2) If the client does not request WENZEL GmbH druck-kopie-media to produce a colour proof for a fee, or if the client refuses to inspect a colour proof produced free of charge for them, the risk of any defects that could have been avoided had the proof been produced and checked by the client shall pass to the client.

§ 18 Proofs
(1) In lieu of a colour proof (Section 17), the Client may, upon payment of a specific fee, request WENZEL GmbH druck-kopie-media to provide a proof produced in accordance with the
request a digital printout of the print-ready data converted for production printing in accordance with the standard referred to in Section 15 (standard proof in accordance with media standards, standard proof, proof).
(2) The proof is a colour-accurate reference for the final print result, subject to the tolerance limits resulting from differences in the characteristics of the equipment and the print substrate compared with the production print, and within the scope of the standard referred to in section 15.
(3) We cannot guarantee that the colours will match your original artwork (proof, HKS, RAL, Pantone, etc.); in digital printing, we can only reproduce colours approximately as specified. Colour variations and slight streaking due to the printing process are possible. Consequently, justified colour deviations or slight streaking do not constitute grounds for a complaint. For your peace of mind, we recommend a test print. Cost: €30.00 per item up to A2 size, or delivery of print data on CD with a colour printout.

§ 19 Proofs
(1) The Client may, in return for a specific fee, request that WENZEL GmbH druck-kopie-media produce a proof on the printing press designated for the printing of the entire print run (press proof) instead of a colour proof (Section 17).
(2) The press proof shall be produced on the substrate agreed in the order and, within the limits of the current state of the art in printing technology, shall serve as a colour-accurate reference for the final print result.

§ 20 Customer materials
(1) WENZEL GmbH druck-kopie-media carries out printing, scanning, labelling, wrapping and other services on customer materials and items at the client’s request. The client must provide a detailed description of the nature and condition of the items in advance.
(2) In the case of decals or vinyl wraps, the surfaces of the customer’s items must be cleaned by the customer in advance and cleared of any surface sealants, protective coatings, waxes, stickers and other materials.
(3) Customer materials must be checked for damage before handover.
(4) The contractor cannot guarantee the successful performance of the contract where the goods belong to the customer.

§ 21 Imprimatur
(1) The print and production approval (imprimatur) shall be deemed to have been granted upon transmission of the print data. The condition of the print data at the time of its receipt by WENZEL GmbH druck-kopie-media shall be decisive for the obligations of WENZEL GmbH druck-kopie-media in the subsequent production process, unless a colour test print, a proof or a press proof is produced.
(2) WENZEL GmbH druck-kopie-media is entitled to process the client’s print data automatically without the data being viewed on a PC output device (screen, printer) after it has been output. However, the customer has the right, for a separate fee, to have WENZEL GmbH druck-kopie-media view their data and check it for specific errors (data check).
(3) If WENZEL GmbH druck-kopie-media is commissioned to produce a colour test print, a proof or a press proof, the imprimatur shall be deemed to have been granted if the client does not object to it immediately after the colour test print, proof or press proof has been produced.
(4) The risk of any errors shall pass to the client upon approval of the proof, unless such errors arose or could only have been detected during the production process following the approval of the proof. The same applies to all other forms of approval given by the client.

V. SPECIAL REMUNERATION
§ 21 Remuneration in the event of a change to the contract
Any changes requested after the order has been accepted by WENZEL GmbH druck-kopie-media will be charged, including any resulting machine downtime. Repeated proof prints requested by the client due to minor deviations from the original are also considered subsequent changes, as well as any changes to the commercial order details, in particular the invoice recipient, the delivery address, the shipping method or the payment method. In addition to the standard fee, a processing charge of €9 per change will be invoiced in such cases.

§ 22 Preliminary work arranged by the client
Sketches, drafts, typesetting samples, proofs, and similar preparatory work, as well as the checking, modification or transfer of print data provided, shall be charged in accordance with the terms and conditions applicable at WENZEL GmbH druck-kopie-media, even if no print order is placed.

§ 23 Preliminary work not requested by the client
(1) WENZEL GmbH druck-kopie-media is entitled, but not obliged, to carry out necessary preparatory work, in particular work on the print data, independently and without consulting the client, if this is in the client’s commercial interest or serves to ensure that the order is completed by the deadline. Such work shall be charged on the basis of the time spent.
(2) If the cost of the additional work charged in accordance with paragraph 1 does not exceed 10 per cent of the agreed fee, the client’s consent to bear these additional costs shall be deemed to have been given even without prior consultation with the client.
(3) The client’s consent is required for the reimbursement of any additional costs incurred by the client as a result of the performance of preparatory work in accordance with paragraph 1 which exceed 10 per cent of the agreed fee for the contract.

§ 24 Compensation in the event of withdrawal from the contract
(1) If WENZEL GmbH druck-kopie-media withdraws from the contract for good cause, or if the client withdraws from the contract without having good cause to do so, WENZEL GmbH druck-kopie-media shall be entitled to the agreed remuneration for the order, less any expenses saved. The client remains free to prove that the damage was less than this.
(2) A valid reason within the meaning of paragraph 1 shall be deemed to exist, in particular, if the client fails to provide the print data in good time and continues to fail to do so even after WENZEL GmbH druck-kopie-media has sent a reminder setting a reasonable grace period.
(3) A valid reason within the meaning of paragraph 1 shall also be deemed to exist if the client fails to make the advance payment due on time and continues to fail to do so even after receiving a reminder from WENZEL GmbH druck-kopie-media setting a reasonable grace period.

§ 25 Delivery charges
Packaging, freight, postage, insurance and other delivery charges
shall be reimbursed or paid to WENZEL GmbH druck-kopie-media.

VI. PRINCIPLES GOVERNING THE EXECUTION OF ORDERS

Section 26: Commercial practice
In commercial dealings, the customary practices of the printing industry shall apply (e.g. there is no obligation to hand over intermediate products such as data, lithographs or printing plates produced for the manufacture of the final product owed), unless otherwise agreed in writing.

Section 27 Exemption from the obligation to audit
Any supplies of any kind provided by the client or by a third party engaged by the client – including data storage media and transmitted data – are not subject to any obligation on the part of WENZEL GmbH druck-kopie-media to inspect them.

VII. COMPLETION DATES
§ 28 Non-binding nature of planned completion dates
The dates for completion of the order stated in the quotation or order confirmation reflect the current state of planning. They are indicative completion dates and are not binding.

§ 29 Exclusion of claims for damages
Claims for damages by the client or third parties arising from WENZEL GmbH druck-kopie-media’s failure to meet binding deadlines are expressly excluded, unless the client has given written notice of such a claim, setting a further reasonable deadline, or the deadline in question is a fixed deadline.

§ 30 Time limit for performance or subsequent performance
If the estimated completion date is not met, WENZEL GmbH druck-kopie-media must be given a reasonable period of time to perform or remedy the defect. This period shall end no earlier than the third working day following the expiry of the originally scheduled completion date. If the further processing or finishing of the goods goes beyond mere cutting and folding, at least three further working days shall be added.

§ 31 Time limit for regularly recurring appointments
If the missed completion date is a date that recurs at regular intervals and is advertised in public offers in accordance with Section 3, and which bundles the production of a specific product in bulk runs (so-called »SPECIALs«), completion by the next published regular date shall be deemed sufficient, provided that this is no more than two weeks after the missed completion date.

§ 32 Withdrawal from the contract in the event of failure to meet the deadline
If the deadline set for performance or rectification expires without result, the Client may withdraw from the contract; however, WENZEL GmbH druck-kopie-media shall be entitled to charge for any goods or services ordered by the Client and already accepted up to that point.

§ 33 Fixed dates
(1) Fixed deadlines for the completion of orders within the meaning of Section 361 of the German Civil Code (BGB) shall, as a rule, be ex works and shall only be valid if they are confirmed in writing as fixed deadlines by WENZEL GmbH druck-kopie-media.
(2) Failure to meet fixed deadlines shall entitle the Client to terminate the contract immediately and without incurring any costs; however, WENZEL GmbH druck-kopie-media shall be entitled to charge for any goods or services ordered by the Client and already accepted up to that point.

§ 34 Default by the Client
The delivery period shall be extended by at least the length of time by which the client is in default of fulfilling its contractual obligations. The performance of the contractually agreed service by WENZEL GmbH druck-kopie-media is dependent on the client fulfilling their contractual obligations.

VIII. DELIVERY
§ 35 Transfer of risk on dispatch
If the goods are to be delivered or if items supplied by the client are to be returned on the client’s behalf, the risk shall pass to the client as soon as the consignment has been handed over to the person responsible for transport.

§ 36 Exclusion of liability for the carrier
The client has the right to appoint the carrier. If the client does not exercise this right, WENZEL GmbH druck-kopie-media shall, exercising due care and at its own expense, but in the name and at the risk of the Client, to commission third-party companies (carriers) with the dispatch, for whose activities WENZEL GmbH druck-kopie-media accepts no liability whatsoever. This applies in particular to the delivery dates agreed with the Client, unless WENZEL GmbH druck-kopie-media is guilty of gross negligence or wilful misconduct.

§ 37 Carrier’s insurance
(1) The carrier’s applicable terms and conditions of carriage shall apply to the shipment. Regardless of its actual value, the goods being shipped are insured only to the customary extent, at the lowest insurable value in each case.
(2) Additional insurance cover and higher sums insured shall be provided by WENZEL GmbH druck-kopie-media only at the written request of the client
completed. The costs are to be borne by him.

§ 38 Assignment of claims against the carrier
The Client hereby assigns to WENZEL GmbH druck-kopie-media, as a precautionary measure, any claims for recourse against the company commissioned to carry out delivery or dispatch, regardless of the grounds for such claims. WENZEL GmbH druck-kopie-media hereby accepts this assignment and shall pursue these claims to the best of its knowledge and belief with the diligence customary in business, and shall credit the client with the respective amounts recovered in the event that such claims are realised.

IX. ACCEPTANCE AND ACCOUNTING
§ 39 Obligation of the client to collect the goods
The client is responsible for collecting payment for the goods manufactured and services provided by WENZEL GmbH druck-kopie-media, unless otherwise agreed in writing.

§ 40 Approval and amendment of the statement of account
This invoice is subject to any errors. WENZEL GmbH druck-kopie-media may issue a new, corrected invoice if necessary.

§ 41 Default of acceptance
(1) For as long as the Client or the recipient of the delivery designated by the Client remains in default of acceptance, WENZEL GmbH druck-kopie-media shall be entitled to store the goods at the Client’s risk and expense.
(2) WENZEL GmbH druck-kopie-media may also engage a warehouse operator for this purpose. Any storage costs incurred as a result, as well as any additional transport costs arising from refusal of acceptance upon delivery, shall be borne by the client and must be reimbursed to WENZEL GmbH druck-kopie-media.
(3) If the client refuses to accept the service in whole or in part, or if the order is not carried out for a reason for which the client is responsible, WENZEL GmbH druck-kopie-media may, without prejudice to its claim for payment of expenses and costs already incurred in connection with the order and for the disposal of materials or equipment already produced, claim damages amounting to 10% of the order value or the relevant portion thereof. The Client reserves the right to prove that the damage was less than this amount. WENZEL GmbH druck-kopie-media’s optional right to performance remains unaffected.

X. RETENTION OF TITLE
§ 42 Retention of title
The goods supplied remain the property of WENZEL GmbH druck-kopie-media until full payment has been made. In the case of deliveries to traders for their business operations, as well as to legal entities under public law or special funds under public law, the delivered goods shall remain the property of WENZEL GmbH druck-kopie-media.

§ 43 Resale despite retention of title
(1) The Customer is only entitled to resell the goods in the ordinary course of business. The Customer hereby assigns to WENZEL GmbH druck-kopie-media, by way of security, all claims arising from the resale which it acquires against its customers or third parties, and any claims arising from insurance payments due to the loss or damage of the goods subject to retention of title or due to tort, to WENZEL GmbH druck-kopie-media as security in the full amount of the price / claim owed to WENZEL GmbH druck-kopie-media. WENZEL GmbH druck-kopie-media accepts the assignment. Upon request by WENZEL GmbH druck-kopie-media, the customer shall disclose this assignment and provide WENZEL GmbH druck-kopie-media with the necessary information and documents.
(2) The client is authorised to collect the assigned claim on a revocable basis. WENZEL GmbH druck-kopie-media shall only revoke this authorisation and collect the assigned claim if the client defaults on its payment obligations, has suspended payments or has filed an application for the opening of insolvency proceedings in respect of its assets.
(3) At the latest in the event of default, the client is obliged to name the debtor of the assigned claim. If the value of the security held by Wenzel GmbH druck-kopie-media exceeds the total value of the claims by more than 20 per cent, WENZEL GmbH druck-kopie-media shall, at the request of the client or a third party affected by the excess security, be obliged to release collateral of its own choosing to that extent.

Section 44 Retention of title
Where goods delivered and owned by third parties are processed or transformed, WENZEL GmbH druck-kopie-media shall be regarded as the manufacturer in accordance with Section 950 of the German Civil Code (BGB) and shall retain ownership of the products at every stage of the processing. If third parties are involved in the processing or treatment, WENZEL GmbH druck-kopie-media shall be limited to a co-ownership share equal to the invoice value of the goods subject to retention of title. The ownership thus acquired shall be deemed to be retention of title.

XI. PAYMENT, DEFAULT AND DEBT COLLECTION
§ 45 Advance payment, invoice and payment
(1) WENZEL GmbH druck-kopie-media may require advance payment or security in the form of a bank guarantee for all orders.
(3) Payments must be made in full. Any agreement on a discount does not apply to freight, postage, insurance or other delivery costs.
(1) If the fulfilment of the payment claim is at risk due to a material deterioration in the client’s financial circumstances that has occurred or become known since the conclusion of the contract, WENZEL GmbH druck-kopie-media may demand advance payment even retrospectively, withhold goods not yet delivered and suspend further work.
(2) WENZEL GmbH druck-kopie-media shall also be entitled to the rights set out in paragraph 1 if the client is in arrears with the payment of other invoices owed to WENZEL GmbH druck-kopie-media.

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

§ 48 Late payment
(1) In the event of late payment, interest on arrears shall be payable in accordance with the statutory provisions. This does not preclude the assertion of further claims for damages arising from the delay.
(2) If the Client fails to pay the price/remuneration in accordance with the payment terms stated on the invoice within the agreed time limit following receipt of the invoice and delivery – or making the goods available for collection – the Client shall be in default even without a formal notice of default.

(3) Late payment charges:

If the customer defaults on payment of outstanding amounts, Wenzel GmbH Druck-Kopie-Media is entitled to charge the following graduated reminder fees to cover the costs incurred in pursuing legal action:

First reminder: free of charge

Second reminder: €5.00

Third reminder: €15.00

Referral to a debt collection agency (Creditreform): €25.00

The reminder fees for the next higher level replace the fees previously charged. In the event of non-payment following the second reminder, the reminder fee of EUR 5.00 shall be replaced by the fee of EUR 15.00; if the matter is referred to a debt collection agency, this shall be replaced by the fee of EUR 25.00. These fees are deemed to be lump-sum compensation for the costs of legal action incurred by us as a result of the delay in payment in accordance with Sections 280(1), (2) in conjunction with Section 286 of the German Civil Code (BGB), including material, postage, administrative and processing costs. The customer may prove that no damage has been incurred at all or that the amount of damage is significantly lower. Our claims for default interest and the assertion of demonstrably higher damages remain unaffected. In B2B business transactions, we are additionally entitled to a standard late payment fee of EUR 40.00 pursuant to Section 288(5) of the German Civil Code (BGB) in the event of late payment. The costs for engaging the debt collection agency are based on the Lawyers’ Fees Act (RVG) and will be invoiced separately by the debt collection agency.

Section 49 Cheques, credit cards and direct debit authorisations
(1) Cheques and credit cards will only be accepted for payment by virtue of a specific written agreement with the client. They are always accepted on account of payment, not on account of performance.
(2) Any third-party costs incurred by WENZEL GmbH in connection with payment by cheque or credit card shall be borne jointly and severally by the client and the drawer of the cheque, the credit card holder or the account holder. This applies in particular in the event that cheques or direct debits are presented to the relevant bank but are not honoured by it. In such cases, the third-party costs and a flat-rate processing fee of 29.45 euros shall be payable, whereby WENZEL GmbH druck-kopie-media reserves the right to provide evidence of higher damages.
(3) The subsequent blocking of a cheque or credit card shall be deemed a material breach of contract and shall trigger a contractual penalty equal to the amount for which the cheque or credit card debit was issued, irrespective of whether the aforementioned damages are claimed.

Section 50: Prohibition on set-off
The client may only set off claims that are undisputed or have been established by a final and binding court decision, or exercise a right of retention arising from&uum