GTCs

General terms and conditions of CCS digital_fabric GmbH and customer information

A. General terms and conditions

1. Scope; Definitions; Contract language

1.1 For the business relationship between CCS digital_fabric GmbH, Ungelsheimer Weg 3, 40472 Düsseldorf (hereinafter referred to as “CCS”) and the customer, the following general terms and conditions will apply in the version valid at the time of the order. Any deviating conditions of the customer are not recognized unless CCS expressly agrees to their validity.

1.2 The customer is a consumer, insofar as the consumer is a natural person and the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). A merchant is someone who operates a trade (§ 1 HGB).

1.3 The contract language is German.

2. Object of the contract; Formats and colors

2.1 CCS produces digital textile prints for all areas of interior design on behalf of the respective customer. The templates are either provided by the customer themself or taken from the CCS image catalogue.

2.2 As a matter of principle, all formats specified by the customer are evaluated by CCS only as approximate formats, since minor deviations are possible due to the processing of the materials. We are only obliged to comply with the exact format if the customer requests an exact format and this is requested in writing by the customer when the order is placed and confirmed by us in writing.

2.3 Any color specifications provided by the customer for the reproduction of the originals will be considered as approximate color specifications unless they are agreed upon in writing as binding between the customer and us. Color, brightness or contrasts are adjusted by CCS from an aesthetic point of view.

3. Conclusion of contract

3.1 The offers on the CCS website represent a non-binding invitation for the customer to order goods from CCS.

3.2 The customer orders the respective goods using the technical possibilities of the website and thus submits a legally binding offer, whereby there is no obligation on the part of CCS to accept the customer’s offer. A confirmation of receipt does not constitute an acceptance on the part of CCS. Insofar as CCS accepts the customer’s offer, this acceptance is expressly declared by CCS within 7 days at the latest or by sending the shipping confirmation of the goods and is otherwise considered rejected.

4. Prices; Payment arrangements and delivery; Force majeure

4.1 The CCS list prices valid on the day the order is placed apply unless another price has been expressly agreed to in writing. The delivered quantities plus the samples produced by CCS are calculated.

4.2 If the customer requests a change to the agreed services after placing the order, additional costs will typically arise, which the customer will bear. In this case, the customer will be informed of the amount of these additional costs before the changes are implemented.

4.3 CCS is entitled to request reasonable installments, namely: 30% when placing the order, a further 15% upon submission of print samples and other execution samples and 55% immediately upon delivery.

4.4 The shipping costs are to be borne by the customer. The customer will be informed of the amount before the contract is concluded.

4.5 Insofar as the customer is a consumer, shipping is the liability of CCS. If the customer is an entrepreneur, the shipment is at the expense of and the liability of the customer and CCS is entitled, but without explicit instruction of the customer not obliged, to take out transport insurance in the name and for the account of the customer, whereby the customer is informed about the amount of the costs before the insurance is taken out.

4.6 The delivery of the goods will take place within the delivery time specified on the respective item page when the customer’s offer is submitted. CCS is entitled to make partial deliveries if this is not unreasonable for the customer.

4.7 In the event that CCS is unable to provide the service owed due to force majeure, in particular war, natural disasters, rioting, or due to similar events for which CCS is not responsible, such as strikes or lockouts, CCS is released from the obligation to perform and deliver for the duration of the existence of such extenuating circumstances. During this time, the customer is not entitled to set additional deadlines with the aim of claiming compensation after their fruitless expiry or to withdraw from the contract. The delivery period will be extended for the duration of the period of time during which such hindrances endure. Insofar as CCS is responsible for the impediment to performance, CCS’s obligation to perform and deliver remains unaffected as does the customer’s right to set a grace period. The customer will be informed of the expected period of time necessary to remedy the impediment immediately after the occurrence of the impediment (or as soon as the occurrence of the impediment is recognizable for CCS). Insofar as the provision of services by CCS for more than one month beyond the delivery date agreed upon in the contract is impossible due to the circumstances mentioned in this paragraph, the customer is entitled to withdraw from the contract. In case of withdrawal, CCS will immediately refund the corresponding consideration to the customer.

4.8 CCS is entitled to withdraw from the contract insofar as CCS does not receive the materials required for the production despite the prior conclusion of a corresponding purchase contract; CCS’s responsibility for intent or negligence remains unaffected in accordance with No. 5 of these conditions. CCS will inform the customer immediately of the untimely availability of the delivery item and, if CCS wishes to withdraw, exercise the right of withdrawal immediately; In the event of withdrawal, CCS will immediately reimburse the customer for the corresponding consideration.

5. Cancellation policy for consumers

Consumers can revoke their declaration of delivery of goods under the conclusion of the purchase contract under certain conditions.

Details can be found on the respective article page and in our Consumer revocation instruction (https://ccs-digital.de/widerrufsbelehrung)

6. Warranty

CCS is liable for defects in accordance with the applicable statutory provisions, which are specified and modified as follows:

6.1 Insofar as the customer is a merchant, the obligation to give notice of defects applies according to § 377 HGB and he has obvious defects in goods deliveries immediately, at the latest within seven days after receipt of the goods as well as hidden defects immediately, however at the latest within seven days after their discovery CCS display. If the customer omits the notification, the goods are considered approved.

6.2 If the customer is an entrepreneur, the warranty period for goods supplied by CCS is 12 months from the time of delivery of the goods. If liability is expressly stated in accordance with No. 7.1 of these General Terms and Conditions, it remains within the statutory period. For the limitation of claims for damages, the deadline according to No. 7.4 of these terms and conditions applies.

6.3 The textile materials, dyes, chemicals and other materials used in the raw materials and manufacturing processes of CCS may change slightly over time, sometimes even from one production batch to the next. These changes occur in the course of time due to high temperatures, high humidity – or their fluctuation – as well as exposure to sunlight. Such product and industry-standard variances are not a case of warranty and the customer cannot derive any rights against CCS from them.

6.4 Textile prints are subject to environmental influences, their appearance and color may change and fade. Even with environmental influences to this extent, it is not a case of warranty and the customer cannot derive any rights against CCS from them.

6.5 Deviations in formats and colors within the meaning of No. 2.2 and No. 2.3 of these General Terms and Conditions do not constitute a defect insofar as these deviations are only marginal and, to that extent, customary.

6.6 The customer has claims for damages against CCS only to the extent that the liability of CCS is not excluded on the basis of the provisions of No. 7 of these GTC or the liability of CCS is not limited accordingly.

7. Liability and limitation of liability

7.1 CCS is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent as well as in the event of culpably caused injury to life, limb or health in accordance with the statutory provisions. Incidentally, CCS is only liable according to the Product Liability Act, or insofar as the seller maliciously concealed the defect or assumed a guarantee for the quality of the delivery item, or because of culpable breach of essential contractual obligations. An essential contractual obligation is one whose violation would endanger the purpose of the contract or whose fulfillment makes the execution of the contract possible in the first place and on whose fulfillment the customer may therefore rely. CCS is not liable for negligent violations of other secondary obligations, thus those that are not essential contractual obligations.

The claim for damages for the culpable violation of essential contractual obligations is, however, limited to the foreseeable damage typical for this type of contract, unless another of the cases listed in P. 1 or P. 2 is simultaneously given. Liability due to legal regulations, which provide responsibility even through no fault of our own, remains unaffected.

7.2 Insofar as the liability of CCS is excluded or limited, this also applies to the personal liability of its employees, employees, representatives, organs and vicarious agents.

7.3 A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.

7.4 If the customer is an entrepreneur and a limitation of liability applies according to these terms and conditions, claims for damages become statute-barred in 12 months from the beginning of the statutory limitation. In other cases, or insofar as the customer is a consumer, the statutory limitation periods apply to claims for damages.

8. Shipping and return of samples by the customer

8.1 If the customer has to provide originals, negatives, samples and other documents for the fulfillment of the order, these must be delivered to CCS free of charge.

8.2 The customer will bear the costs for the return in any event.

The documents referred to in 8.1 are returned by simple mail and at the customer’s risk. Another type of dispatch can be agreed upon. If the customer is a consumer, the return is the liability of CCS.

9. Copyrights

9.1 CCS is unable to assess any copyrights and copyright infringement information if the customer submits samples for processing and / or reproduction. The customer is solely responsible for any third party rights. The customer will undertakes to release CCS from all third party claims arising from copyright infringements. This also includes the necessary legal prosecution costs and any compensation payments.

9.2 With the purchase of a work with content from the CCS image archive, the customer will only acquire physical ownership rights to the work. The customer can use the work for their own private or business purposes for interior design and decoration. Any duplication beyond this (§ 16 UrhG), distribution (§ 17 UrhG), public access (§ 19a UrhG) or other analog or digital exploitation is not permitted. However, the work in question can be resold as desired in its physical form.

10. Retention of title

10.1 The delivered goods remain the property of CCS until all CCS claims against the customer arising from the business relationship have been fulfilled.

10.2 Insofar as the customer is an entrepreneur, the following clauses also apply (No. 10.3 to 10.9 of these Terms and conditions):

10.3 The customer is permitted to process or transform the delivery item (“processing”). The processing is done for CCS. However, if the value of the delivery item belonging to CCS is less than the value of the goods not belonging to CCS and/or the processing, CCS acquires co-ownership of the new goods in the ratio of the value (gross invoice value) of the processed delivery item to the value of the other processed goods and/or the processing at the time of processing. Insofar as CCS does not acquire ownership of the new goods according to the above, CCS and the customer agree that the customer has CCS co-ownership of the new goods in the ratio of the value (gross invoice value) of the CCS delivery item to that of the other processed goods at the time the processing. The above sentence applies accordingly in the case of inseparable mixing or the connection of the delivery item with goods not belonging to CCS. Insofar as CCS acquires ownership or co-ownership according to No. 10 of these General Terms and Conditions, the customer shall keep them for CCS with the care of a prudent businessman.

10.4 In the event of the sale of the delivery item or the new goods, the customer hereby assigns his claim from the resale against his customer with all ancillary rights to CCS as a security, without the need for further special explanations. The assignment applies including any balance claims. However, the assignment applies only to the amount that corresponds to the price of the delivery item invoiced by CCS. The share of receivables assigned to CCS is primarily to be satisfied.

10.5 If the customer connects the delivery item or the new goods to land, he shall, without requiring any further special explanations, also assign his claim, which he is entitled to as remuneration for the connection, in the amount of the price charged to the CCS of the delivery item.

10.6 Until revoked, the customer is authorized to collect the claims assigned to CCS in accordance with No. 10 of these terms and conditions. The customer will immediately forward payments made to the assigned claims up to the amount of the secured claim to the CCS. If there are legitimate interests, in particular in the event of late payment, suspension of payment, opening of insolvency proceedings, protest against a bill of exchange or justified indications of overindebtedness or impending insolvency of the customer, CCS is entitled to revoke the customer’s authorization to collect. In addition, CCS may, after prior warning and under observance of a reasonable deadline, disclose the assignment of collateral, exploit the assigned claims and demand disclosure of the assignment of collateral by the customer to the buyers.

10.7 If a legitimate interest is substantiated, the customer must provide CCS with the information required to assert his rights against the customer and hand over the necessary documents.

10.8 While the retention of title exists, the customer is prohibited from pledging or transferring ownership by way of collateral. In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer must notify CCS immediately. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that the equivalent value of the delivery item is paid to the customer. The customer must agree agree with the buyer that the buyer acquires ownership only with said payment.

10.9 In the event of breaches of duty by the customer, in particular in the event of delayed payment, CCS is entitled to demand the surrender of the delivery item or the new goods and/or – if necessary after setting a deadline – to withdraw from the contract even without setting a deadline; the customer is obliged to surrender. There is no declaration of withdrawal by CCS in the delivery request of the delivery item / new goods, unless this is expressly stated.

11. Other

11.1 These terms and conditions are subject to the law of the Federal Republic of Germany without the reference standards of private international law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods

11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes between CCS and the customer is Düsseldorf. However, CCS is also entitled to take legal action against the customer who is a merchant at his place of jurisdiction.

If the customer is not domiciled or resident in the Federal Republic of Germany, Düsseldorf is also the non-exclusive place of jurisdiction for a customer who is not an entrepreneur. Exclusive places of jurisdiction, for example for judicial reminders, remain unaffected.

11.3 If a provision of these terms and conditions should be or become ineffective, the effectiveness of the remaining provisions remains unaffected.

B. Customer information

1. Contractual partner (Seller)

The purchase contract is concluded with:

CCS digital_fabric® GmbH
Geschäftsführer: Jürgen Hansen, Rafael Knopik, Dominic Walterscheid, Heinz-Peter Zöller
Ungelsheimer Weg 1 – 3
D-40472 Düsseldorf
phone +49 211 90697-0
Fax. +49 211 90697-40
E-Mail: info(at)ccs-digital.de

2. Information on essential characteristics of the goods

A description of the essential characteristics of the goods can be found on the respective article page of the web shop.

3. Formation of the contract

The contract is concluded according to No. 3 of the seller’s general terms and conditions (see above under A.).

4. Information on details regarding payment and delivery

Details on payment and delivery can be found in No. 3 of the General Terms and Conditions of CCS in connection with the respective article page.

5. Right of Withdrawal

Consumers are entitled to a right of withdrawal.

Details can be found on the respective article page and also on our Consumer revocation instruction (https://ccs-digital.de/widerrufsbelehrung)

6. Information about the technical steps leading to the conclusion of a contract

Depending on the offer format, the following steps must be taken to conclude the contract:

  1. First, CCS offers the customer various items on its website for purchase on its website.
  2. To select, the customer clicks on the Add to shopping cart button in the offer to add an item to your shopping cart.
  3. The customer will see the “shopping cart” on the following page. By clicking on the “Continue to checkout” button, the customer is taken to checkout, in which the required settings regarding delivery address, payment method and shipping methods can be made. Possibly the customer must agree to the terms of use, data protection principles and a credit check by setting an appropriate check.
  4. By clicking the “Buy and pay” button, the contract is then legally binding or the contracts are concluded.
  5. Storage of the contract text
    CCS only saves the contract texts as part of the purchase process and insofar as they are necessary for this. The customer’s data will be deleted at the end of the statutory retention periods.
  6. Information about the technical means to detect and correct input errors
    During the ordering process, the customer can make corrections to his order at any time before placing the order. The purchase can be canceled at any time before the binding order via the “back button” of the browser or closing the browser. In the last order step, the customer comes to a confirmation page, on which he can check the information again and cancel the ordering process as described above.
  7. Information about the languages ​​available for the conclusion of the contract
    Only “German” is available as language for the conclusion of the contract.
  8. Information about all relevant codes of conduct
    CCS has not submitted to any special codes of conduct.
  9. Data protection information
    CCS complies with all relevant data protection regulations. In particular, these are the regulations of the Federal Data Protection Act and the Telemedia Act.
    Regulations on data processing and data protection can be found in the separate data protection declaration, available under “Data protection” on the website of the shop.
  10. Information about warranty rights for consumers
    There is a legal right to liability for defects for the goods offered by CCS. Further information can be found in No. 6 and No. 7 of the CCS General Terms and Conditions (see above under A.).
  11. Possibility of online dispute resolution
    The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
    Our Email-Address: info(at)ccs-digital.de