General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions apply to all business relationships between
Werbelineale.com
Mathias Wickles
Kornweg 6a
92421 Schwandorf
Germany
– hereinafter referred to as the “Provider” –
and its customers.
All offers are directed exclusively at business customers (B2B) within the meaning of Section 14 German Civil Code (BGB).
Sales to consumers are excluded.
2. Conclusion of Contract
The presentation of products does not constitute a binding offer but an invitation to submit an inquiry.
A contract is concluded only upon written order confirmation by the Provider.
3. Prices and Payment Terms
All prices are net prices and subject to applicable VAT.
Shipping costs are charged separately unless explicitly agreed otherwise.
Payment terms are agreed individually.
4. Proof Approval (Artwork Approval)
Before production, the customer receives a proof (e.g. PDF artwork).
The customer is obliged to carefully review and approve the proof.
Once approved, the proof becomes binding.
The Provider shall not be liable for any errors approved by the customer.
5. Delivery and Quantity Tolerance
Delivery is made according to individual agreement.
For customized products, minor deviations are considered industry standard.
Over- or under-deliveries of up to ±10% are permitted.
The invoiced quantity shall be based on the actual delivered amount.
6. Delivery Terms, Export, Risk and Customs (DAP)
Unless otherwise agreed, delivery is made under DAP (Delivered At Place, Incoterms® 2020).
The Provider organizes export and shipping from Germany.
Risk of loss or damage transfers to the customer upon handover of the goods to the carrier.
The customer acts as Importer of Record in the destination country.
The customer is solely responsible for all import-related obligations and costs, including but not limited to:
- import duties
- import VAT
- customs clearance fees
- local taxes or charges
These costs are not included in the price.
The customer is responsible for:
- proper importation of the goods
- compliance with all local laws and regulations
- customs clearance in the destination country
The Provider shall not be liable for delays, additional costs, or issues caused by customs authorities in the destination country.
Additional Provisions on Export and Customs
The customer is obliged to provide all information and documents required for export, shipping, and import in a timely and complete manner (e.g. company details, tax numbers, import permits).
Any delays, additional costs, or damages caused by incomplete or incorrect information provided by the customer shall be borne by the customer.
If the customer refuses to accept the shipment, fails to complete customs clearance, or if the shipment is returned for reasons attributable to the customer, the customer shall bear all resulting costs, including but not limited to:
- return shipping costs
- storage fees
- additional transport costs
- destruction costs (if applicable)
The Provider is entitled to invoice these costs to the customer.
7. Right to Withdraw (Feasibility)
The Provider reserves the right to withdraw from a contract if an order proves to be technically or economically unfeasible.
Any payments already made will be refunded.
8. Warranty
Statutory warranty provisions for commercial transactions under German law apply.
The customer must inspect the goods immediately upon receipt and report defects without delay in accordance with Section 377 German Commercial Code (HGB).
9. Liability
The Provider shall be fully liable in cases of intent and gross negligence.
In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damages.
10. Retention of Title (Extended)
The goods remain the property of the Provider until all claims arising from the business relationship have been fully settled.
The customer is entitled to resell the goods in the ordinary course of business.
The customer hereby assigns to the Provider all claims arising from resale in the amount of the invoice value.
The Provider accepts this assignment.
The customer remains authorized to collect the claims as long as payment obligations are fulfilled.
In case of default, the Provider may collect the claims directly.
11. Place of Jurisdiction
To the extent permitted by law, the place of jurisdiction is the Provider’s registered office.
12. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If any provision is invalid, the remaining provisions remain unaffected.
Errors and omissions excepted.