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All purchase and delivery contracts are based on our general terms and conditions. Contradictory or supplementary conditions of the customer and verbal subsidiary agreements are only binding for us if we have confirmed them in writing.
A contract is concluded by an offer and the acceptance of the offer. If a contract is concluded via our internet store, the contract is only concluded when CuNU | perforated paper sends the ordered goods to the buyer. In case of confirmation of dispatch by e-mail, the contract is concluded by sending the e-mail, at the latest, however, when the goods are delivered to the customer. Our offers, according to the order data given to us, are binding for 10 working days, unless otherwise specified, and are subject to change beyond that. Incomplete or doubtful data in the order/order, which lead to wrong deliveries, are at the expense of the customer. Decisive for all deliveries is the article number of our company. All subsequent changes at the instigation of the customer will be charged to him. Order changes and cancellations for goods already in production or delivery are not possible. Illustrations, dimensions and weight specifications in information and advertising documents are not binding. Misprints, errors and changes, especially technical changes for product improvement, are reserved.
All prices of our internet store are subject to change without notice and are always quoted ex place of dispatch plus shipping and transport costs, including the statutory value added tax. If you are not a commercial customer, but an end consumer in the sense of § 13 BGB, the indicated gross price applies.
All goods will be manufactured and made available as soon as possible. Information about delivery times are marked with approx. for CIRCA are to be understood as estimated delivery times. Claims for damages due to non-performance or late delivery are excluded.
In the case of commercial customers, the risk shall pass to the customer when the goods are handed over to the forwarding agent or carrier, but at the latest when the goods leave our shipping premises. In the case of delivery to end consumers, within the meaning of § 13 BGB, the transfer of risk is at the time of handover or delivery to the customer. Dispatch route and packaging are left to our choice, without liability, except in the case of intent and gross negligence. Express costs or special requests (rail express, express parcel), etc. shall be borne by the buyer.
Current account/balance clause:
CuNU | perforated paper retains title to the goods until all claims of the Seller against the Buyer arising from the business relationship have been settled. This also applies if individual or all claims of CuNU | perforated paper have been included in a current account and the balance has been struck and accepted. CuNU | perforated Paper undertakes to release the securities to which it is entitled upon request of the customer to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent upon CuNU | perforated Paper. Likewise, the conditional seller reserves the right to make use of his legal right of withdrawal in case of improper fulfillment of performance obligations, after having set an appropriate deadline. The same shall also apply in the event of a breach of ancillary obligations, in particular due to improper handling of the purchased item by the Purchaser, if adherence to the contract is unreasonable for the Seller.
Extended retention of title in the event of resale:
In the event of a resale of the reserved goods by the Buyer, the Buyer hereby assigns to the Seller all claims accruing to it from such action. Such assignment shall be made both in the event of the sale of unprocessed goods subject to retention of title and in the event of processing or combination with items exclusively owned by the Buyer. If the goods subject to retention of title are sold after processing or combination together with goods which are not the property of CuNU | perforated paper, the Buyer hereby assigns to CuNU | perforated paper the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights and priority over the rest. The Buyer is authorized to collect the claims even after assignment. The authority of CuNU | perforated paper to collect the claims itself remains unaffected, however, it undertakes not to make use of its right as long as the Buyer duly fulfils his contractual obligations. CuNU | perforated paper may demand that the Buyer informs CuNU | perforated paper of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.
Cheque/bill of exchange clause:
If, in connection with the payment of the purchase price by the Buyer, a liability of CuNU | perforated Paper based on a bill of exchange is established, the reservation of title as well as the claim from the delivery of goods on which it is based shall not expire before the bill of exchange has been honored by CuNU | perforated Paper as beneficiary.
Printed matter
Sketches, drafts, sample typesetting, sample printing, samples and similar preliminary work on behalf of the customer will be charged. The customer must check the contractual conformity of the preliminary and intermediate products sent for correction. The risk of any errors shall pass to the customer upon the customer's approval for printing, unless the errors are caused by technical defects in the production. This also applies to other releases by the client for further production. In the case of color reproductions in all printing processes, minor deviations from the original cannot be objected to. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. The quantity delivered will be invoiced. We accept no liability for artwork that is lost in transit. Delivered artwork will be adapted to the available print format.
All our papers are perforated to your desired size after you have placed your order and are therefore customized. According to § 312g BGB the right of withdrawal is excluded. Returns are to be discussed with CuNU | perforated paper before dispatch or to be announced. Returned goods must always be sent as a prepaid parcel. Postal consignments declared as freight collect will not be accepted as a matter of principle. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 EGBGB in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.
The revocation is to be addressed to:
CuNU
Hauptstraße 30
36358 Herbstein
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as your property and refrain from doing anything that would reduce their value. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to the ordered goods. Otherwise the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
All our papers are perforated to your desired size after you place your order and are therefore customized. According to § 312g BGB the right of revocation is excluded.
Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation. The right of withdrawal does not apply to the following distance contracts: for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or which, due to their condition, are not suitable for return or can spoil quickly or whose expiration date would be exceeded, for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer, auctions (§ 156 BGB).
All our papers are perforated to your desired size after you place your order and are therefore customized. According to § 312g BGB the right of withdrawal is excluded.
For commercial buyers there is basically no right of return or revocation. In the case of wrong deliveries, a return may only be made after consultation with us. In the case of incorrect deliveries, orders placed by telephone are excluded from return, as a transmission error may have occurred. Unfree returns without our written consent will not be accepted and will be returned at the expense of the sender. For the return of incorrectly ordered goods, we charge 10% of the value of the goods as a handling fee.
If you make use of your right of revocation, you have to bear the regular costs of the return if the delivered goods correspond to the ordered goods. Otherwise the return is free of charge for you. Returned goods must always be sent as a prepaid package. Postal consignments declared as freight collect will not be accepted as a matter of principle.
The Buyer shall inspect the goods and notify any defects in writing without delay, within 8 working days of receipt. Defects of a part of the delivered goods do not entitle to complain about the whole delivery. Hidden defects must also be reported in writing without delay, no later than 8 working days after discovery. Small deviations in quality, color, weight, etc. that are customary in the trade or technically unavoidable do not justify a notice of defects. Unjustified notices of defects may be used by the conditional seller as a reason to demand reimbursement of costs incurred by him from the purchaser. If the complaints are justified, CuNU | perforated paper shall, after examination, at its own discretion, either remedy the defect or provide a full replacement. The Purchaser may demand the rescission of the contract in case the rectification of defects or replacement delivery fails as well as in case the Seller wrongfully refuses to rectify the defects or to make a replacement delivery or is in default therewith and the Purchaser has granted the Seller a reasonable grace period which has expired to no avail. The liability for defects does not apply to natural wear and tear, to damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress or other influences for which CuNU | perforated paper is not responsible. Losses or damage caused by transport must be claimed by the recipient from the carrier, even if damage to the packaging is not visible. The conditional seller excludes liability for damages resulting from the use of electronic devices, software and similar items.
(1) The Customer shall only be entitled to claim damages or reimbursement of expenses in the following cases: injury to life, limb or health; intentional or grossly negligent causation of the damage; breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the contractual partner may regularly rely ("cardinal obligation"); claims for damages under the Product Liability Act; claims in the event of fraudulent concealment of a defect or the provision of a quality guarantee.
(2) The liability is limited to the foreseeable, typically occurring damage, unless CuNU Price Labellers and Labels can be accused of an intentional breach of contract, an essential contractual obligation ("cardinal obligation") has been violated or a claim for compensation of the damage instead of the performance has been made.
Any further claims for damages or reimbursement of expenses against CuNU Price Labellers and Labels, irrespective of their legal basis, are hereby excluded.
We reserve our property rights and copyrights to offers, drawings, samples and other documents. They may not be made accessible to third parties without our consent. The customer assumes liability for the fact that we do not violate any rights of third parties (in particular property rights, copyrights and reproduction rights) by executing the order. Goods of CuNU | perforated paper can refer to this in a suitable form.
The payment of the purchase price takes place in principle with our payment terms 10 days, without deduction. Illegal deductions, such as excessive cash discount, cash discount deduction outside the possibly stated cash discount period, packaging deductions, postage deductions or other reductions, which we have not agreed to, remain as open items and will be claimed. First-time customers will receive the goods cash on delivery. In case of delayed payment, reminder fees of 5,- € / reminder plus postage costs as well as interest on arrears according to the legal regulations will be charged. After the expiry of the payment deadline set with the 1st reminder, our claim can be handed over to a collection agency. At the same time, further deliveries will be made exclusively against cash on delivery including cash on delivery charge. If CuNU | perforated paper assigns a collection agency with the collection of the claim in case of delayed payment, the purchaser has to bear the costs resulting from this assignment. The following shall apply to agreed instalment payments: If the debtor is two weeks in arrears with the payment of an instalment, the entire outstanding balance shall be due for payment immediately.
We have stored your address in our EDP system. Please inform us of any changes of address. If you do not agree with the storage of your data, we will arrange the immediate deactivation. For customers under 18 years, the signature of a parent or guardian is required. In the case of custom-made products, we are generally entitled to make production-related over- and under-deliveries of up to 10%; individual tolerances apply to some products. The above terms and conditions are binding in all circumstances and cannot be altered by notification of your own terms and conditions of purchase. Should individual provisions of these general terms and conditions be or become legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The law of the Federal Republic of Germany shall apply to all legal relationships between the customer and us, in particular the German Civil Code (BGB), in particular §§ 305 ff BGB (General Terms and Conditions) and the German Commercial Code (HGB). The place of jurisdiction is Lauterbach/Hesse.
Registered patents, utility models and brand names are used in this publication; even if these are not marked as such, the corresponding protection provisions apply.
The color accuracy of all illustrations cannot be guaranteed.
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Translated with www.DeepL.com/Translator
Status of the general terms and conditions: March 2022
