I. Scope of application

The General Terms and Conditions (GTC) listed here apply to all legal transactions concluded with FERDINAND SCHAD GmbH (hereinafter referred to as SCHAD GmbH) via the infopoint.de website and all other legal transactions. Deviating regulations require the prior written confirmation of SCHAD GmbH; it is not sufficient for SCHAD GmbH to refer to a letter from the client which contains the client's GTC. The following terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods.

II. Conclusion of contract

With the order, the client submits a binding offer of contract. Following the order, the client initially receives a non-binding order confirmation with an overview of the order placed by him. Only after transmission of the print data does the contract between the client and SCHAD GmbH as contractor come into effect with the sending of a separate order confirmation by e-mail. The order confirmation will not be stored at SCHAD GmbH after the order has been completed. SCHAD GmbH as contractor will accept the order by sending an order confirmation by e-mail a maximum of five days after receipt of the print data.
In the case of orders with delivery to third parties, the customer shall always be deemed to be the principal, unless otherwise agreed in writing.
The contract shall be concluded exclusively in the German language. German law shall apply to the contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
SCHAD GmbH reserves the right to refuse orders and to terminate contracts already concluded extraordinarily and without notice if the transmitted print data contains pornographic, fascist, radical content or content that violates the constitution of the Federal Republic of Germany.
After conclusion of the contract, the client has no right to a change in his order data. Any change request is an offer to conclude a cancellation contract for the first order combined with an offer to conclude a new contract for the production and delivery of the changed printed matter. SCHAD GmbH has the right to reject this offer. If SCHAD GmbH accepts the offer, additional costs may be incurred by the client, which will be communicated in the course of the amendment process.

III. Right of revocation and exclusion of revocation for consumer contracts

Right of withdrawal for the delivery of goods that have not been customised and are delivered in one consignment.Cancellation policyYou have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must send us FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg; e-mail: mail@infopoint.de; phone+49 (0)931 / 7849 772; fax: +49 (0)931 / 7629 3 by means of a clear declaration (e.g. by e-mail, fax or letter sent by post) of your decision to revoke this contract. You can use the attached sampel withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of revocationIf you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. The repayment shall be made exclusively by bank transfer. In no case will you be charged bank fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.Special noteYour right of revocation expires prematurely if we begin with the execution of the contract at your express request before the end of the revocation period.End of the cancellation policy
Right of withdrawal in the case of delivery of several goods that have not been customised and are delivered in several consignments. Right of withdrawalYou have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must send us FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg; e-mail: mail@infopoint.de; phone: +49 (0)931 / 7849 772; fax: +49 (0)931 / 7629 3 by means of a clear declaration (e.g. by e-mail, fax or letter sent by post) of your decision to revoke this contract. You can use the attached sampel withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of revocationIf you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. The repayment shall be made exclusively by bank transfer. In no case will you be charged bank fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.Special noteYour right of revocation expires prematurely if we begin with the execution of the contract at your express request before the end of the revocation period.End of the cancellation policy
Exclusion of the right of withdrawal for the delivery of goods manufactured according to customer specifications.The right of revocation does not exist in the case of distance contracts pursuant to Section 312 g (1) of the German Civil Code (BGB) - on the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Insofar as the production of infoboards (= all except the standard formats marked with an *) and other printed products via the FERDINAND SCHAD GmbH website is carried out according to customer specifications, there is therefore no statutory right of withdrawal. A contractual right of revocation is not granted.
Exclusion of the right of withdrawal for orders placed by entrepreneurs.
Furthermore, the right of cancellation does not apply if you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract.

IV. Communication, notices

The client shall provide an address for electronic mail (e-mail address) at the latest when placing the order, the technical functionality of which he shall guarantee from the time of placing the order until the final completion of the order. This e-mail address shall also apply tacitly to future orders until revocation or notification of change by the client.
In particular, the client must ensure that e-mails from SCHAD GmbH reach him by setting his spam filter and e-mail client (locally and/or at his provider).
Notifications from SCHAD GmbH sent by e-mail to the e-mail address provided shall be deemed to have been received by the client after they have been sent if the client is an entrepreneur within the meaning of Section 13 of the German Civil Code (BGB). If the client is a consumer, this shall only apply insofar as the declaration is not of special / elementary importance.
The client shall be entitled to prove that a communication sent to it was not received by it for reasons outside its sphere of influence. SCHAD GmbH shall only be liable for transmission errors if their cause lies within its sphere of influence.
SCHAD GmbH is regularly not obliged to inform the client of missing, incorrect or non-functioning e-mail addresses.

V. Prices

The prices at the time of the order apply. Insofar as price offers are limited in time, the period of validity is specially marked on the shop pages.
All prices quoted are generally subject to the proviso that the order data on which the quotation is based remain unchanged and that printable data is transmitted no later than one week after receipt of the order. Printable data is data that complies with the format specifications etc. listed in the customer information of SCHAD GmbH.
The prices stated on the product pages are final prices and include statutory VAT and other price components, i.e. they include packaging but not transport insurance.
Subsequent changes at the instigation of the client, including the resulting machine downtime or production costs in the event of a cancellation, shall be charged to the client additionally. Subsequent changes shall also include repetitions of proofs requested by the client due to a minor deviation from the original.
Verification and modification of transmitted data or similar preparatory work initiated by the client shall be charged additionally.
If the client does not arrive at the delivery address, the costs for a second and third delivery will be charged additionally to the client if additional costs are incurred for this. Likewise, the costs for a return shipment in the event of non-delivery will be invoiced separately, provided that the client is responsible for the non-delivery. In addition, the statutory right of revocation applies to orders that are not made to customer specifications. In this case, the client may exercise the statutory right of withdrawal by refusing acceptance. In this case, no additional costs shall be incurred.
If the client makes use of his right of withdrawal in the case of orders not made to customer specifications, he shall bear the costs of the return shipment.

VI. Payment

The selectable payment methods will be communicated to the client in the course of the ordering process.
Unless otherwise stated in the payment method itself, e.g. e-payment, payment must be made no later than 30 days after receipt of the invoice, without any deductions, to the following account of FERDINAND SCHAD GmbH. bank: Sparkasse Mainfranken IBAN: DE94 7905 0000 0001 0055 00
Payment methods other than those offered in the online shop for the order shall only apply with the express and written consent of the contractor. Cheques and bills of exchange are generally not accepted as means of payment.
SCHAD GmbH shall issue a separate invoice for each shopping basket order. Interest and expenses shall be borne by the client. In the case of cancellations subject to a charge, the invoice shall be issued under the date of cancellation and shall be payable immediately by the client.
In the event of return debit notes, the client shall reimburse the costs charged to SCHAD GmbH by the executing bank.
If it becomes apparent after conclusion of the contract that fulfilment of the payment claim is at risk due to the client's lack of ability to pay, SCHAD GmbH may demand advance payments, withhold goods not yet delivered and suspend further work. SCHAD GmbH shall also be entitled to these rights if the client is in default of payment for services based on the same legal relationship. § Section 321 (2) BGB remains unaffected.
In the event of default in payment, interest on arrears shall be payable. If the client is a consumer, the default interest rate for the year shall be five percentage points above the base interest rate, otherwise eight percentage points above the base interest rate. This shall not preclude SCHAD GmbH from claiming further or higher damages for default.
Clients who specify a valid VAT identification number when placing an order hereby expressly declare that the specified VAT identification number shall apply to all orders, including subsequent orders. This shall apply until SCHAD GmbH is notified in writing that the VAT identification number is no longer to be used.
The Client may only set off or exercise a right of retention against an undisputed or legally established claim.
For logistical reasons, SCHAD GmbH reserves the right to send the invoice receipt in electronic form. In this case, the invoice will be sent by e-mail and is free of charge.

VII. Print data, obligation to check

SCHAD GmbH shall execute all print orders exclusively on the basis of the print data provided by the client. These data are to be transmitted exclusively in the formats as well as with such specifications as they are described in the customer information - in particular under the point tips: "How to create the print data for your information board". - are mentioned. Error-free printing cannot be guaranteed with deviating data formats or other specifications.
The client is obliged to carefully check the print data submitted by him prior to transmission to SCHAD GmbH, as SCHAD GmbH does not carry out a check with regard to orthography and page arrangement or similar.
The print data are checked by SCHAD GmbH for general printability.
If the print data are faulty, the client shall be informed of this. Within the scope of the duty to cooperate in the performance of the contract, the client shall then be obliged to supply error-free print data or to have the data processed by SCHAD GmbH with regard to printability or, at its own risk, the client shall be at liberty to have the order printed with the objectionable data or to cancel the order subject to a charge.
The risk of any errors in the printed products as a result of faulty print data shall be borne solely by the Client. At the express request of the client, formats other than those specified in the client information shall also be processed, insofar as this is technically possible, which may involve unavoidable conversion. If this results in errors, these shall be borne by the client.
Insofar as additional costs arise due to the incorrectness of the print data, these shall be borne by the client.
If print data are not transmitted in CMYK mode, SCHAD GmbH can convert the data. The liability for resulting colour deviations lies exclusively with the client. By transmitting the print data in a mode other than the specified CMYK mode, the client expressly declares that the conversion is carried out at his risk.
If the client exercises his right of revocation in the case of orders not made to customer specifications, he shall bear the regular costs of the return shipment.

VIII. Delivery

If the goods are dispatched, the risk shall pass to the client as soon as the consignment has been handed over to the person carrying out the transport. If the client is a consumer, the risk shall not pass until the goods have been handed over to the consumer.
The respective shipping costs are indicated during the order process. For freight goods, delivery is made to the first lockable front door, provided the path is at ground level, otherwise free kerbside.
Deliveries will be made during normal business hours.
Shipping to packing stations or post office boxes is not possible.
Large boards are delivered on disposable pallets, shipping tracking is not possible in this case.
The deadlines specified by SCHAD GmbH within the scope of the order are production deadlines and not delivery deadlines. The processing time of an order is made up of production time and dispatch time. The shipping times are approximate unless otherwise agreed.
The stated production period begins with the confirmation of payment in the case of e-payment and immediately in the case of payment by open invoice and always with the receipt of the printable data or the print approval carried out online.
If these prerequisites regarding payment and data are fulfilled by 2 p.m., the production period shall still begin from this day of receipt, provided this is a working day. Otherwise, the following working day shall be deemed to be the start of the production period.
The specification of the production and dispatch time in working days includes the working days Monday to Friday.
Fixed dates for the provision of services are only valid if this is confirmed in writing by the contractor as a fixed date.
Public holidays or different public holidays within Germany affect the production and shipping time and may lead to a postponement of the delivery.
SCHAD GmbH is entitled to make partial deliveries insofar as this is reasonable based on a consideration of the interests of both the client and SCHAD GmbH. In the case of partial deliveries, SCHAD GmbH shall bear the additional shipping costs incurred as a result.
If SCHAD GmbH delays performance, the client may only exercise the rights under Section 323 BGB if SCHAD GmbH is responsible for the delay. A change in the burden of proof is not associated with this provision.
Operational disruptions - both in the business of SCHAD GmbH and in that of its supplier or forwarder - such as strikes, lockouts and all other cases of force majeure, shall only entitle the client to terminate the contract if the client cannot reasonably be expected to wait any longer, otherwise the agreed production period shall be extended by the duration of the delay.
However, termination is possible at the earliest four weeks after the occurrence of the described operational disruption. Liability on the part of SCHAD GmbH is excluded in these cases.
In commercial transactions, SCHAD GmbH shall be entitled to a right of retention in accordance with § 369 of the German Commercial Code (HGB) in respect of the artwork, manuscripts, raw materials and other items supplied by the client until all due claims arising from the business relationship have been settled in full.
The contractor shall fulfil the obligations incumbent upon it within the framework of the packaging ordinance. For private end consumers, the transport packaging supplied with the goods are licensed products. In the case of business customers, the contractor assumes that the customer will dispose of the packaging free of charge at the customer's premises, unless otherwise notified in writing.

IX. Retention of title

The delivered goods remain SCHAD GmbH's property until full payment of all claims of SCHAD GmbH against the client existing on the invoice date.
The client is only entitled to resell the goods in the ordinary course of business. The client hereby assigns its claims from the resale to SCHAD GmbH. SCHAD GmbH hereby accepts the assignment. In the event of default at the latest, the client shall be obliged to name the debtor of the assigned claim. If the value of the securities existing for SCHAD GmbH exceeds its claim by more than 20% in total, SCHAD GmbH shall be obliged to release securities of the contractor's choice at the request of the client or a third party affected by the contractor's excess security.
In the event of processing or treatment of goods delivered by the contractor and owned by it, SCHAD GmbH shall be deemed to be the manufacturer pursuant to § 950 of the German Civil Code (BGB) and shall retain ownership of the products at all times during processing. If third parties are involved in the processing, the contractor shall be limited to a co-ownership share in the amount of the invoice value of the reserved goods. The property thus acquired shall be deemed to be reserved property.

X. Complaints/dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. In principle, consumers have the possibility to use this platform for the settlement of their disputes. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

XI. Warranty / claims for defects

The client shall in any case immediately check the contractual conformity of the goods as well as the preliminary and intermediate products sent for correction. The risk of any errors shall pass to the client upon approval for printing, unless these are errors that only occurred in the subsequent production process. The same applies to all other release declarations by the client.
Obvious defects must be reported in writing within a period of two weeks from receipt of the goods, hidden defects within a period of two weeks after discovery, otherwise the assertion of warranty claims is excluded. The complaint notification includes the receipt of the complaint by telephone, e-mail or post to the customer service. If necessary, it is necessary for the customer to send samples to SCHAD GmbH to check the complaint.
If transport damage is evident upon delivery, the client must immediately complain about these defects to SCHAD GmbH or the delivery company. Failure to make this complaint shall have no effect on the statutory claims in the case of consumers, but shall then serve to preserve evidence.
Complaints which are merely based on the fact that the customer has not observed the instructions regarding the requirements for the print data cannot be raised. This applies in particular to the CMYK mode, resolution, fonts, formats or similar.
The Contractor's specifications are not guaranteed quality features, but describe or characterise the performance. Provided that the usability for the contractually intended purpose is not impaired, deviations customary in the trade are permissible. Particularly in the case of coloured reproductions in all manufacturing processes, minor colour deviations are not a defect. This also applies to colour deviations from an order previously printed by SCHAD GmbH. The same applies to the comparison between other originals (e.g. digital proofs, press proofs) and the final product.
Furthermore, liability for defects that do not or only insignificantly impair the value or the usability is excluded.
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.
Deliveries (including data carriers, transmitted data) by the client or by a third party engaged by the client are not subject to any duty of inspection on the part of SCHAD GmbH. This does not apply to data that is obviously unprocessable or unreadable. In the case of data transmissions, the client shall use state-of-the-art computer virus protection programs prior to transmission. Data backup is the sole responsibility of the Client. The contractor is entitled, but not obliged, to make a copy.
Excess or short deliveries of up to 10% of the ordered quantity cannot be objected to in the case of custom-made products due to the insignificance of the deviation. The delivered quantity shall be invoiced. Deliveries to consumers are excluded from this.
In the event of justified complaints, SCHAD GmbH shall initially be obliged and entitled to choose between rectification of defects and/or replacement delivery. If SCHAD GmbH does not comply with this obligation within a reasonable period of time or if the rectification fails despite repeated attempts, the client may demand a reduction of the remuneration (abatement) or rescission of the contract (cancellation/withdrawal).
If warranty rights are asserted, the defective goods must be returned. This does not apply in the case of a reduction.

XII. Liability and compensation of SCHAD GmbH

Basic liability regulation
FERDINAND SCHAD GmbH shall only be liable for damages for breaches of duty of all kinds if it can be accused of intent or gross negligence. FERDINAND SCHAD GmbH shall be liable without limitation for damages arising from injury to life, body or health. FERDINAND SCHAD GmbH shall also be liable for typical contractual damages incurred by the contractual partner as a result of a material breach of contract committed by FERDINAND SCHAD GmbH if it is only guilty of slight negligence. Otherwise, the liability of FERDINAND SCHAD GmbH for slight negligence is excluded. An essential contractual obligation in the aforementioned sense is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may rely and does rely.
Scope of liability
FERDINAND SCHAD GmbH shall not be liable for damages that have not occurred to the delivery item itself or for additional expenses in the processing that arise due to a transfer of the order item to another location. Liability for loss of profit, indirect damage and consequential damage is excluded. The above limitations of liability shall also apply in favour of the legal representatives and vicarious agents of FERDINAND SCHAD GmbH if claims are asserted directly against them. The above limitations of liability shall not apply, however, if FERDINAND SCHAD GmbH has fraudulently concealed a defect or has given a guarantee for the quality of the goods. They also do not apply to claims of the client under the Product Liability Act.
Liability towards entrepreneurs FERDINAND SCHAD GmbH shall be liable to companies in the event of a breach of material contractual obligations only for the foreseeable damage typical for the contract and resulting from intent and gross negligence, unless it is a matter of claims for damages by the client arising from injury to life, body or health. FERDINAND SCHAD GmbH's liability for damages to entrepreneurs is limited to twice the order value. In all other respects, the provisions of clause XI.2. shall apply accordingly.

XIII. Withdrawal / termination

In the event of termination of the contract due to failure of the client to cooperate (§ 643 of the German Civil Code) by SCHAD GmbH, in particular due to failure to send error-free data after basic check and setting of a deadline or failure to approve printing, the client undertakes to pay SCHAD GmbH a compensation payment amounting to 2% of the agreed order sum, but at least 10 euros (plus VAT). The costs of any data check ordered and of any samples requested shall be paid in addition. The client shall be entitled to prove that in the specific case SCHAD GmbH did not incur expenses or damages or did not incur them to the same extent. SCHAD GmbH shall also be permitted to prove in individual cases that higher compensation is appropriate.
Before sending an order confirmation, SCHAD GmbH has the right to delete the client's order if no print-ready print data has been sent within four weeks.
A compensation payment on the part of the client shall also be made if the client terminates or cancels the contract under the conditions after the expiry of the free cancellation period. Cancellation of an order by the client free of charge is only possible until the order confirmation is sent by e-mail (conclusion of the contract).
Until approval for printing, the aforementioned compensation regulation applies in the amount of 2 % of the agreed order sum, but at least 10 euros (plus VAT).
After print approval has been given, the ongoing production process is irreversible, therefore the service rendered is to be compensated in the amount of 97 % of the order sum, plus any services already rendered such as "data check" and/or sample production. The client shall be permitted to prove that in the specific case SCHAD GmbH did not incur expenses or damages or did not incur them to this extent. The contractor shall also be permitted to prove in individual cases that a higher compensation is appropriate.
By submitting the binding cancellation declaration, the client agrees to the disposal of the goods in the manufacturing process. No costs are incurred for the disposal. SCHAD GmbH is therefore not obliged to surrender the goods after cancellation / termination.
The costs incurred with the cancellation can be viewed in the customer area.
SCHAD GmbH shall be entitled to terminate the contractual relationship without notice if an application for insolvency is filed with regard to the client's assets or if the client has submitted an affidavit.

XIV. Limitation of actions

Claims of the client for warranty and damages shall become statute-barred one year after acceptance, with the exception of claims arising from intentional acts. This shall not apply if SCHAD GmbH acts fraudulently. Contracts with consumers within the meaning of the German Civil Code (BGB) are not affected by the above limitation provision; the statutory limitation periods apply here.

XV. Commercial practice

In commercial dealings, the commercial customs of the printing industry apply (e.g. no obligation to hand over intermediate products such as data, printing plates created for the production of the final product owed), unless otherwise agreed.

XVI. Archiving

Products to which the client is entitled, in particular data and data carriers, shall only be archived by SCHAD GmbH beyond the time of handover of the end product to the client or its vicarious agents by express agreement and against special remuneration. If the aforementioned items are to be insured, this shall be the responsibility of the client.

XVII. Industrial property rights / copyright

The client shall be solely liable if the rights of third parties, in particular copyrights, are infringed by the execution of his order. The client shall indemnify SCHAD GmbH against all claims of third parties due to such an infringement.

XVIII. Place of performance, place of jurisdiction

If the client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of performance and jurisdiction for all disputes arising from the contractual relationship, including summary proceedings, shall be the registered office of SCHAD GmbH.
If the client is a private end consumer, the statutory provisions shall apply. However, if the client is not domiciled within the European Union, the registered office of SCHAD GmbH shall also be the place of jurisdiction.

XIX. Information on the provider / contractual partner

The internet platform infopoint.de is operated by FERDINAND SCHAD GmbH. FERDINAND SCHAD GmbH is the contractual partner for all legal transactions concluded via this platform.

Adress:

FERDINAND SCHAD GmbH

Simon-Breu-Str. 10

97074 Würzburg

Germany

Phone: +49 (0)931 / 7849 772

Fax: +49 (0)931 / 7629 3

E-mail: mail@infopoint.de

Managing director: Stephan Schad

Registry court: HRB 3100 Würzburg

Place of jurisdiction: Würzburg

Tax-no.: 126/30038

VAT-ID: DE134170529

XX. Severability clause

Should one or more of the aforementioned provisions violate mandatory legal provisions or be or become invalid/impracticable in any other way, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be deemed to be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the provision.

Status: October 2022

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