General Terms and Conditions - as of 2022

1. Sketches, drafts, sample sets, test prints, samples, proofs and similar preparatory work that have been initiated by the customer will be charged. Artists' social security contributions, customs duties or other subsequent taxes are not included in our prices.

2. The following terms and conditions of business and delivery apply, unless expressly agreed otherwise, to business dealings with entrepreneurs within the meaning of Section 14 of the German Civil Code. Our General Terms and Conditions of Business and Delivery also apply if no specific reference is made in the future. Our General Terms and Conditions of Business and Delivery apply to the present contract and to all contracts, deliveries and other services, including consulting services.

The validity of other conditions, in particular the customer's purchasing conditions, is contradicted. These only apply if they have been agreed with our express written consent. Our offers are non-binding. Orders are only binding for us when they have been confirmed in writing, in text form or by fax or when execution has begun. Agreements from previous orders are not taken into account if they are not agreed again in writing.

The customer shall also ensure that, even without our express request, all the documents necessary for the fulfillment of the order are presented to us in a timely manner and that we are informed of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances that only become known during the fulfillment of the order.

The client shall ensure that the organizational framework conditions for the fulfillment of the order allow work to be carried out as undisturbed as possible and conducive to the rapid progress of the conception, draft and execution work. The prices stated in our printed catalogs as well as those on our website are non-binding. Misprints, technical changes in shape and color and/or weight are reserved within reasonable limits. The prices refer to the net prices, so that the applicable statutory sales tax must be added.

Unless otherwise agreed, our prices apply ex works. They do not include packaging, freight and insurance. Subsequent changes or additional services at the request of the customer will be charged to the customer. Subsequent changes also include repetitions of test prints requested by the customer due to minor deviations from the template.

3. Goods delivered by us will only be taken back after prior written agreement. Goods that have been branded cannot be returned. Prepaid returns will not be accepted. Sample returns will not be credited. Samples ordered by the customer will be invoiced at cost price. The costs of the return are at the expense of the customer. Returns that are not due to warranty reasons will be charged at 10% of the net value of the goods. There is no entitlement to re-sending.

4. Templates and drafts made available by us are only binding in terms of colour, image or sound design if we have confirmed in writing that they can be implemented. If we are culpably late with a binding delivery date, we must first be granted a reasonable period of grace. After the deadline has expired without result, the client can withdraw from the contract. However, he can only demand compensation for the damage caused by the delay up to the amount of the order value. Delivery periods are non-binding and begin with the date contained in the order confirmation, but not before clarification of all contractual provisions. It ends on the day of dispatch by us, unless the written order confirmation contains an assurance of the date.

In the case of changes or additional services requested by the customer, the start of the delivery time is determined by the date of the change confirmation. Order and change confirmations are created by us immediately. Insofar as delivery dates are assured, these are only binding if the customer has duly fulfilled any obligations to cooperate, e.g. procurement of documents.

5. Checks are only our task if this has been expressly agreed. The customer is solely liable if the execution of his order violates the rights of third parties, in particular copyrights. The customer must indemnify us from all claims by third parties due to such an infringement. The customer assures that the execution of the order does not violate any copyrights of third parties and that we are not subject to any obligation to review.

6. Disruptions under competition law both in our company and in that of a supplier, in particular strikes, lockouts and all other cases of force majeure, do not justify the termination of the contractual relationship.

7. Dispatch takes place from our warehouse at the expense and risk of the customer. The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport. We carry out the shipment with the necessary care, but are only liable for intent and gross negligence. This also applies if the delivery is free domicile or other shipping or delivery methods have been agreed.

8. The customer must immediately check the contractual conformity of the goods as well as the preliminary and intermediate products sent for correction. The risk of any errors passes to the customer with the release of the preliminary sample as soon as advertising has been applied. The same applies to all other release declarations by the customer. The customer has the obligation to examine the delivered goods immediately after delivery for quality and quantity deviations. Obvious defects must be reported in writing within a period of one week from receipt of the goods. Hidden defects must be reported within a period of time after the defect has been identified. Otherwise the assertion of the warranty claim is excluded. If the customer's complaint is justified, we are obliged and entitled to rectify the defect and/or deliver a replacement at the customer's option, whereby this claim is limited to the amount of the order value. If we do not meet this obligation within a reasonable period of time or if the rectification fails despite repeated attempts, the customer can demand a reduction in payment or cancellation of the contract. 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. Minor deviations from the sample or templates cannot be objected to. In addition, liability for defects that do not or only insignificantly affect the value or usability is excluded.

We are only liable for deviations in the quality of the material used up to the amount of the order value. Deliveries, for which data carriers or transmitted data are also made by the customer or by a third party engaged by him, are not subject to any inspection obligation on our part. This does not apply to obvious, non-processable or illegible data. In the case of data transmission via the Internet, the customer must use the latest state-of-the-art protection programs for computer viruses before transmission. Data backup is the responsibility of the customer. In this respect, we are entitled to make a copy. In the case of printed products in all manufacturing processes, deviations from the original cannot be objected to. This applies in particular to color deviations and size tolerances, especially in the case of different printing techniques, printing materials and printing properties, as well as in the case of new editions of an order. For technical reasons, the same applies to the comparison between other templates and the end product. Claims for damages and reimbursement of expenses by the customer are excluded. This exclusion of liability does not apply to damage caused intentionally or through gross negligence. In the event of negligent breach of essential contractual obligations, liability is limited to the amount of the order value.

9. All copyrights and any existing industrial property rights to the delivered goods or services remain with us. After full payment of the agreed remuneration, we will transfer to the customer all rights of use required for the use of our work to the extent agreed for the order or resulting from the recognizable circumstances of the order. However, this does not apply to purchased licenses and license rights. In case of doubt, we fulfill our obligation by granting non-exclusive rights of use to the delivered end products in the territory of the Federal Republic of Germany for the period of use of the advertising material. Any use beyond this, in particular processing, requires our consent. Unless otherwise expressly agreed in writing, the customer is obliged to check the material made available for processing the orders for any existing copyrights or patent rights and to obtain any necessary permissions for use for this purpose. Any claims due to infringements of property rights shall be borne by the customer. The customer is responsible for publications. The customer also indemnifies us from all claims that third parties make against us, insofar as the customer is responsible for the event according to this contract. The customer also bears the costs of any legal action.

10. Our invoices are payable within 14 days of the invoice date without any deductions. Bills of exchange or checks only count as payment after they have been honoured. If the target is exceeded, there will be a delay without a reminder. In the event of default of payment, default interest of 8% above the respective base interest rate is to be paid. They are to be set higher or lower if we can prove a charge with a higher interest rate or the customer can prove a lower charge. In the case of extraordinary advance payments, an appropriate advance payment can be demanded. For longer projects, we reserve the right to issue partial invoices. These are intended to delimit the services rendered so far. The customer can only offset an undisputed or legally established claim. The same applies to the right of retention. Objections to payroll statements from us must be raised immediately after receipt of the invoice, but no later than two weeks after the statement and invoice date, without affecting the due date. The omission of a timely objection is considered approval. In the event of a delay in payment of a not inconsiderable part of the invoice amount or if our claim is jeopardized, if after conclusion of the contract it becomes apparent that the claim for consideration is jeopardized by the inability of the other party to pay, we are entitled to make all claims due immediately .

11. We reserve ownership of the delivered goods and co-ownership of items, insofar as these have been obtained through processing, until all payments from the business relationship with us have been received. The customer is entitled to resell delivered goods in the ordinary course of business. However, he already assigns to us all claims in the amount of the invoice/final amount including sales tax that accrue to him from the resale, regardless of whether the item was resold without or after processing. The customer remains authorized to collect the claim even after assignment. Our authority to collect the claim itself remains unaffected. We undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears with payments and, in particular, has not filed for the opening of insolvency proceedings or has suspended payments. If this is the case, however, we can demand that the customer discloses the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and notifies the third party of the assignment. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of the securities exceeds the claim to be guaranteed by more than 10%. We are responsible for selecting the securities to be released. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.

12. If the customer withdraws from an order placed without justification, we can demand 15% of the order value for the costs incurred through processing and for lost profit, without prejudice to the possibility of asserting a higher claim for remuneration. The customer reserves the right to prove that the damage was less.

13. We would like to point out that the customer's data will be saved (§ 26 Para. 1 BDSG). We reserve the right to use and publish our ideas, projects and services in connection with our customer orders as a reference or for self-promotion on the Internet if no express agreement has been made with the client to prohibit them.

14. The place of performance and place of jurisdiction for all disputes arising from the contractual relationship, including cheque, bill of exchange and document processes, is our registered office. German law applies exclusively to the contractual relationship. The validity of the UN sales law is excluded. Our right to sue the customer at another place of jurisdiction remains unaffected. Deviations from the agreement must be in writing.

15. If the customer is a consumer within the meaning of § 13 BGB, the following also applies: If the contract with the consumer is a distance selling transaction, the consumer has a two-week right of withdrawal. The following cancellation policy is issued: Cancellation policy 1. Right of cancellation You can cancel your contractual declaration within 14 days in writing (e.g. letter, fax, e-mail) or - if the matter is left to you before the deadline - by sending it back revoke the matter. The period begins after receipt of this instruction in text form, but not before the goods are received by the recipient (in the case of return of dissimilar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 in 2 EGBGB, but not before fulfilling our obligations according to § 312 e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, sending the cancellation (or the item) in good time is sufficient.

The revocation should be sent to: WP highlights GmbH &Co. KG Bahnhofstrasse 0496192920 Papenburg Fax: 04961/9292-92. E-mail: info@wp-highlights.de