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 apply in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless CCS expressly agrees to their validity.
1.2 The customer is a consumer, insofar as it is a natural person and the purpose of the ordered deliveries and services cannot be attributed predominantly to his 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 himself or taken from the CCS picture archive.
2.2 Basically, CCS only rates all formats specified by the customers as approximate formats, since slight 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 information provided by the customer for the reproduction of the templates shall be regarded as an approximate color information, unless it is agreed as binding between the customer and us in writing. 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 to order goods from CCS by the customer.
3.2 The customer orders the respective goods using the technical possibilities of the website and thus makes 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. 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 shall apply, unless another price has been expressly agreed in writing. The delivered quantities plus the samples produced by CCS are calculated.
4.2 If the customer requests a change in the agreed services after placing the order, additional costs will regularly arise here that the customer has to bear. In this case, the customer will be informed of the amount of these additional costs before the changes are carried out.
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 at the risk of CCS. If the customer is an entrepreneur, shipping is at the customer’s cost and risk and CCS is entitled, but without the customer’s express instructions, not obliged to take out transport insurance in the name and for the account of the customer, whereby the customer is responsible for the amount of the costs before the conclusion of the Insurance is informed.
4.6 The delivery of the goods takes place within the delivery time specified on the respective article 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, riot, or due to similar events for which CCS is not responsible, such as strikes or lockouts, CCS is liable for the duration of its existence by the performance and delivery obligation exempted, if this is not unreasonable for the customer, to also make partial deliveries. During this time, the customer is not entitled to set additional deadlines, with the aim of claiming compensation after their fruitless expiry or withdrawing from the contract. The delivery period is extended by the times during which the hindrance continues. If CCS is responsible for the obstacle to performance, the performance and delivery obligation of CCS and the right of the customer to set a grace period remain unaffected. The customer will be informed of the expected period of time, which will be necessary to remedy the obstacle, immediately after the occurrence of the obstacle (or as soon as the occurrence of the obstacle is recognizable for CCS). If 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 the event of withdrawal, CCS will immediately reimburse the customer for the corresponding consideration.
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)
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 can change slightly over time, sometimes even from one production batch to the next. These occur in the course of time due to high temperatures, high humidity – or their fluctuation – as well as solar radiation. Such product and industry-standard variances are not a case of warranty and the customer cannot derive any rights against CCS from this.
6.4 Textile prints are dependent on 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 this.
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 due to the provisions of No. 7 of these terms and conditions or the liability of CCS is therefore not limited.
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 in the event of violation of which the contractual purpose would be endangered or the fulfillment of which makes the execution of the contract possible and the fulfillment of which the customer can therefore trust. CCS is not liable for negligent violation of other secondary obligations, so 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 the contract, unless another of the cases listed in p. 1 or p. 2 also exists. Liability due to legal regulations, which provide responsibility even through no fault of our own, remains unaffected.
7.2 As far 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. Sending and return of templates by the customer
8.1 If the customer has to provide originals, negatives, templates and other documents for the fulfillment of the order, these must be delivered to CCS free of charge.
8.2 The customer bears the costs for the return in any case.
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. If the customer is a consumer, the return is at the risk of CCS.
9.1 CCS is unable to assess any copyrights and copyright infringement if the customer submits templates for processing and / or reproduction. The customer is solely responsible for any third party rights. He 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 picture archive, the customer only acquires physical ownership of the work. He can use the work for his 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 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 can disclose the assignment of security after giving prior warning, observing a reasonable period of time, utilize the assigned claims and request the customer to disclose the assignment of security to the customers.
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 security. 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 also has to agree with the customer that the customer acquires ownership only with this 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.
11.1 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 a businessman. 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
Executive Directors: Jürgen Hansen, Peter Zöller
Ungelsheimer Weg 1 – 3
phone +49 211 90697-0
Fax. +49 211 90697-40
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:
First, CCS offers the customer various items on its website for purchase on its website.
To select, the customer clicks on the Add to shopping cart button in the offer to add an item to your shopping cart.
By clicking the “Buy and pay” button, the contract is then legally binding or the contracts are concluded.
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.
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.
Information about the languages available for the conclusion of the contract
Only “German” is available as language for the conclusion of the contract.
Information about all relevant codes of conduct
CCS has not submitted to any special codes of conduct.
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.
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.).
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