General

 

(1) The following terms and conditions apply to every order. Any other conditions shall only be binding for us, the supplier, if they have been expressly accepted in writing. The customer’s terms and conditions shall not apply, even if the supplier does not explicitly object to them.

 

(2) By placing an order, the customer acknowledges the supplier’s terms and conditions of sale and delivery as binding.

 

(3) These terms and conditions replace all previous agreements.

 

Delivery Conditions

 

(1) For custom-made products and items with company imprints, the supplier reserves the right to over- or under-deliver by up to 10%, with corresponding adjustments in billing.

 

(2) Data processing, sketches, drafts, sample prints, samples, proofs, film production costs, and communication expenses will be charged, even if no order is placed.

 

(3) Delivery may be made in partial shipments in the interest of faster processing. Agreed delivery times will be observed where possible; however, claims for damages due to delayed delivery are excluded unless caused by the supplier. This includes cases such as strikes, war, lockouts, official orders, material shortages, operational disruptions, etc., including those affecting subcontractors. Unforeseen obstacles beyond the supplier’s control release the supplier from delivery obligations. The supplier shall not be liable for any resulting damages. In such cases, the supplier will promptly inform the customer and refund any payments already made.

 

(4) The use of products is at the customer’s own risk. The supplier assumes no liability for any consequential damages.

 

(5) Unless otherwise agreed, delivery is ex works. Shipping is at the customer’s expense and risk from the moment the goods are handed over to the carrier. If no specific shipping instructions are given, the supplier assumes no responsibility for the fastest or cheapest delivery method. Transport insurance is only arranged upon explicit request and at the customer’s expense.

 

(6) The delivered goods remain the property of the supplier until full payment has been received.

 

(7) The customer’s obligation to accept and pay for goods remains unchanged even if delivery is delayed or storage is required due to transport disruptions.

 

(8) If the customer defaults on payment without justification, the supplier is entitled to suspend further deliveries and claim damages for non-performance.

 

(9) Complaints must be submitted in writing within 8 days of receipt of the goods. Later complaints cannot be accepted. Legitimate complaints require the return of the goods. Replacement is only possible while stocks last. If subsequent performance fails, the customer may reduce the price or withdraw from the contract. Further claims, especially for damages, are excluded.

 

(10) Confirmed delivery dates refer to dispatch dates. If no fixed delivery date is agreed, the delivery period begins with the dispatch of the order confirmation, but not before receipt of any agreed advance payment or necessary information. The delivery period is interrupted when samples or proofs are sent for approval and resumes once feedback is received. Changes requested after order confirmation may result in a new delivery time. The supplier reserves the right to charge for additional costs caused by significant changes.

 

(11) Packaging costs will be charged unless otherwise agreed.

 

(12) Changes due to legal regulations (e.g. public holidays, postal charges, postal codes, area codes, license plates) after print approval cannot be ruled out and will only be considered if technically feasible.

 

(13) Minor deviations in format, color, weight, etc. due to technical, material, or weather-related reasons are unavoidable and reserved.

 

(14) The supplier is only liable for color fastness, color variations, and material properties if defects were identifiable before use under proper inspection. Variations may occur even when using the same materials.

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Payment Terms

 

(1) Invoices are issued on the date of dispatch or partial delivery. If no shipping instructions are provided or goods are stored, the invoice is issued on the completion date.

 

(2) The applicable statutory VAT rate at the time of delivery will be charged.

 

(3) Unless otherwise agreed, invoices are payable within 10 days net without deduction. Offsetting is only permitted if counterclaims are legally established or acknowledged. Retention rights apply only if based on the same contractual relationship.

 

(4) Orders up to €100 are delivered cash on delivery. Advance payment may be required for new customers or special cases.

 

(5) For larger orders, advance or partial payments may be agreed based on project progress.

 

(6) In case of late payment, interest of 5% above the base rate (§ 247 BGB) will be charged. The customer is in default no later than 30 days after the invoice date without further notice.

 

(7) In case of default, the supplier may demand immediate payment of all outstanding invoices and is entitled to collect assigned claims from third parties. The supplier may also suspend ongoing work.

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Right of Withdrawal

 

(1) Consumers are entitled to the following withdrawal rights. The right of withdrawal does not apply to custom-made goods or items tailored to personal needs, nor to unsealed audio, video, or software products. It also expires if services have been fully performed at the customer’s request before withdrawal.

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Withdrawal Policy

 

(1) You may withdraw from the contract within 14 days without giving reasons in text form (e.g. letter, email) or by returning the goods. The period begins upon receipt of this notice but not before receipt of the goods and fulfillment of legal information obligations.

 

(2) Timely dispatch of the withdrawal or goods is sufficient. Withdrawal should be addressed to:
Constant Pro OHG, Stolzhofstraße 10, 81825 Munich, Germany
Email: info@constant-pro.com
Fax: +49 89 82952978
Website: www.constant-pro.com

 

(3) In the event of a valid withdrawal, both parties must return received services. Compensation may be required if goods cannot be returned in original condition. Return shipping costs are borne by the customer. Refunds must be made within 30 days.

End of Withdrawal Policy

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Copyright and Storage

 

(1) The customer is solely responsible for ensuring reproduction rights for submitted materials and indemnifies the supplier against third-party claims. Copyright for all designs, drafts, proofs, and materials remains with the supplier.

 

(2) Production materials (films, plates, templates, etc.) remain the supplier’s property unless otherwise agreed. Storage beyond delivery requires agreement and compensation. Liability is limited to intent and gross negligence.

 

(3) Customer-provided materials are handled with care; liability applies only in cases of intent or gross negligence.

 

(4) Insurance for such items must be arranged by the customer.

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Other Provisions

 

(1) Verbal agreements require written confirmation to be binding.

 

(2) Orders placed via agents may be accepted in modified form or rejected.

 

(3) Orders and changes should be submitted in writing. No liability is assumed for verbal instructions.

 

(4) Place of performance and jurisdiction is the supplier’s registered office.

 

(5) If any provision is invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that most closely reflects its intended purpose.