Privacy Policy

General terms and conditions of business

1. General
The following conditions apply exclusively to all deliveries and services provided by the contractor (S/CONSEPT). Differing conditions from the client (client) are not valid.

2. Offers and orders
2.1 All offers from S/CONSEPT are subject to change. The contract is considered concluded when S/CONSEPT has sent a written order confirmation in response to an order.

2.2 All contractual agreements, regardless of whether they are made at or after the conclusion of the contract, must be in writing.

2.3 All information provided in the offer and in the drawings is only approximate unless it has been expressly designated as binding.

2.4 If, for reasons for which S/CONSEPT is not responsible, the content of the service changes compared to the order confirmed with us, the additional costs resulting from the changes will be invoiced separately.

2.5 If the AG withdraws from its order for reasons for which it is responsible, S/CONSEPT will charge an amount equal to 15% of the order total, without prejudice to proof of higher actual costs, unless the AG can prove lower damages.

2.6 The property rights and copyright to cost estimates, designs, drawings, concepts and other offer documents remain with S/CONSEPT. The documents may not be made accessible to third parties.

2.7 S/CONSEPT is entitled to entrust subcontractors with the execution of the order at its discretion.

2.8 Custom-made tools or advertising prints (screens/clichés) will be passed on to the client upon proof, but they remain the property of S/CONSEPT. S/CONSEPT undertakes to only use the custom-made products for third parties with the approval of the client.

3. Prices
3.1 All prices are ex works plus postage, packaging and VAT at the statutory rate, unless otherwise stated in the order confirmation.

3.2 The prices are based on the material costs, wages, freight, statutory social expenses, etc. that were valid when the offer was submitted. If changes occur in these price components after 4 months from the conclusion of the contract until the order has been completed, S/CONSEPT is entitled to correct its prices accordingly in the final invoice.

3.3 All prices are net prices; sales tax is calculated in accordance with the applicable statutory rate unless an order is not exempt from sales tax in individual cases (e.g. for export deliveries or intra-community deliveries and indication of a valid sales tax identification number of the client).

4. Payments
4.1 Unless an order confirmation states otherwise, payments for all deliveries and services are due immediately upon receipt of the invoice without deductions. S/CONSEPT is entitled to demand advance payment.

4.2 S/CONSEPT is not obliged to accept bills of exchange.

4.3 In the event of default, statutory default interest will be charged. The right to assert further damages due to delay remains reserved.

4.4 If the fulfillment of the payment claim is at risk due to poor financial circumstances of the client that occurred or became known after the contract was concluded - this is the case in particular if there is an application for insolvency or the submission of an affidavit of the accuracy of a list of assets - then S/CONSEPT has the right to cash on delivery to deliver, to demand advance payment, to retain goods that have not yet been delivered, to stop further work on ongoing orders and to withdraw from contracts already concluded with the client, unless the client provides an advance payment or other security. We reserve the right to assert further claims, particularly in the event of default.

4.5 The client is only permitted to have a right of retention or offsetting in the case of undisputed, legally established or ready-to-decide claims.

5. Retention of title
5.1 The delivered goods remain the property of S/CONSEPT until all outstanding claims from the entire ongoing business relationship, including interest and costs, have been paid in full. In the case of current invoices, the reserved property serves as security for the balance claim. The client may only resell the delivered goods as part of the normal course of business; he is not entitled to make any other orders. In particular, any pledging or assignment as security for the benefit of third parties and without the consent of S/CONSEPT is excluded.

5.2 Any treatment, processing, mixing and combination of the goods by the client is always carried out for S/CONSEPT as the manufacturer, but without any obligation for it. If the ownership or co-ownership of S/CONSEPT expires through connection, it is already agreed that the ownership or co-ownership of the client in the uniform item will be transferred to S/CONSEPT in proportion to the value (invoice value). The client stores the property or co-ownership of S/CONSEPT free of charge with commercial care.

5.3 The AG hereby assigns all claims arising from a resale or any other legal reason - compensation claims, insurance, tortious acts - with regard to the goods owned or co-owned by S/CONSEPT - including all balance claims from current accounts - with ancillary rights in advance to S/ CONSEPT off. S/CONSEPT undertakes not to collect the assigned claims as long as the client meets its payment obligations. However, the client is obliged to inform S/CONSEPT of the third-party debtors upon request and to notify them of the assignment. The AG is further obliged to take all measures necessary in connection with Section 402 of the German Civil Code (BGB) to secure and obtain the rights of S/CONSEPT. Until receiving instructions to the contrary, the AG is entitled to collect the claims itself in trust.

5.4 S/CONSEPT is entitled to demand the return of the goods it owns at any time if the client is in default or if S/CONSEPT has reason to believe that the client's fulfillment of its demands is at risk. A right of retention cannot be asserted against this claim for surrender. S/CONSEPT can revoke the authorization to sell the delivered goods under the same conditions.

5.5 The client must immediately inform S/CONSEPT of all access by third parties to the goods owned by S/CONSEPT or the claims assigned to S/CONSEPT - in particular compulsory enforcement measures - and of any damage that may occur to these items.

5.6 The client is obliged to reimburse all damages and costs - including court and legal fees - that S/CONSEPT incurs as a result of a breach of the client's obligations or due to necessary intervention measures against access by third parties.

5.7 If the value of the existing securities exceeds S/CONSEPT's claims by more than 20%, it will release securities at the client's discretion at the client's request. The client is obliged to adequately insure the goods owned or co-owned by S/CONSEPT at his own expense for the benefit of S/CONSEPT against theft, robbery, burglary, fire and water damage. The AG hereby assigns all resulting insurance claims to S/CONSEPT.

6. Delivery times, damage caused by delay
6.1 Delivery times included in the offer are only approximate and not binding. Only delivery times and dates that have been expressly confirmed in writing are binding. Compliance with a delivery period designated as binding requires the timely receipt of all necessary documents, approvals, information, etc. to be provided by the client. The delivery deadline is deemed to have been met if the goods have left the factory or are ready for dispatch by the time it expires.

6.2 Agreed delivery deadlines are automatically extended appropriately in the event of force majeure, industrial action, official measures, operational disruptions through no fault of our own that have lasted or are expected to last longer than a week, and generally in the event of the occurrence of unforeseen obstacles that are beyond the control of S/CONSEPT, insofar as such obstacles occur affect the completion or delivery of the goods. If the hindrance lasted longer than 4 weeks and the client is not immediately informed of S/CONSEPT's readiness for dispatch upon request, the client can withdraw from the contract by setting a grace period and threatening rejection of two weeks. If the disability lasts longer than 4 weeks, S/CONSEPT is also entitled to withdraw from the contract in whole or in part. In this case, claims for damages by the client are excluded, provided that S/CONSEPT is not at fault.

6.3 If S/CONSEPT defaults, the client must give it a reasonable grace period, which may not be less than 6 weeks. After this grace period and the threat of rejection have expired, the client is entitled to withdraw from the contract if the goods have not been reported as ready for dispatch by the expiry of the deadline.

6.4 Compensation for the client's damages caused by the delay, including compensation for lost profits, is excluded - in the event of only slight negligence on the part of S/CONSEPT.

7. Obligation and performance of the client
7.1 The client is responsible for ensuring that the measures incumbent on him to ensure the timely start of work and unhindered execution of the work are taken in a timely and complete manner. If significant difficulties arise in the processing of the order between the submission of the offer and its execution, S/CONSEPT is entitled, upon proof, to demand an appropriate surcharge based on the difficulties.

7.2 Over- or under-delivery quantities of up to 10% cannot be avoided for technical reasons.

8. Transfer of risk and acceptance
8.1 For all deliveries that are not picked up by the client, the risk passes to the client when the goods are handed over to the freight forwarder, freight carrier or other person or institution designated to carry out the shipment, but at the latest when they leave the delivery warehouse, otherwise with the notification of readiness for dispatch. When shipping, the transport and packaging costs will be invoiced. S/CONSEPT is entitled to choose the means of transport that appears to be the cheapest, unless the client expressly requests a specific type of transport. S/CONSEPT is not obliged to obtain comparison offers.

8.2 In the event of a return that is not due to a legitimate complaint, the goods will be delivered at the expense and risk of the customer, who must choose the same shipping method as was chosen when sending and who must ensure adequate insurance has worries. S/CONSEPT is only obliged to take out transport insurance at the express request of the client. Any transport damage or shortages must be reported in writing by the customer or his representative immediately upon arrival of the shipment. If S/CONSEPT does not receive a corresponding written notification within one week at the latest, the goods are deemed to have been accepted flawlessly.

8.3 Upon request, the client must also accept partial deliveries. The remaining provisions apply accordingly.

8.4 If the AG falls behind with acceptance at the place of performance, it does not collect it within the agreed period - if an agreement has not been made, within two weeks of notification of readiness for dispatch - or the dispatch is delayed in some other way for reasons for which the AG is responsible, S/CONSEPT can demand the resulting additional costs. Without prejudice to the other legal options, S/CONSEPT is entitled to demand immediate payment and, in addition, to either store the delivery item at the expense and risk of the client, whereby the latter must reimburse the costs actually incurred. Proof of further damage remains reserved.

8.5 S/CONSEPT is also entitled to withdraw from the contract in the event of non-acceptance under the further conditions of Section 323 of the German Civil Code (BGB). Any other claims for damages hereby remain unaffected.

8.6 If S/CONSEPT demands compensation for non-performance, the minimum flat-rate damage to be compensated is 15% of the order total excluding VAT. The amount of damage must be set higher or lower if S/CONSEPT proves that the damage was higher or the client proves that the damage was lower.

9. Warranty
9.1 The client must inspect the delivered goods immediately upon receipt at his own expense and notify S/CONSEPT in writing of all obvious defects and incompleteness that are not apparent from the delivery note immediately, but no later than within one week. Any shortages that exceed the limits specified in Section 7 Paragraph 2 will be delivered later.

9.2 In the event of a warranty, the AG's rights are limited to repair or free replacement delivery - with S/CONSEPT having the right to choose - against return of the disputed delivery. The warranty period is 12 months and begins with the transfer of risk (see Section 8). If repairs or replacement delivery fail or are impossible, the client is entitled to demand a reduction in the remuneration or, at his discretion, cancellation of the contract. The client is also entitled to this right in the event of culpable failure by S/CONSEPT to make improvements.

9.3 Warranty claims do not apply if the client has carried out or initiated changes and repair work himself without the prior consent of S/CONSEPT.

9.4 This means that the client's claims due to faulty deliveries are finally settled. This does not affect the client's claims for damages due to a lack of guaranteed properties.

9.5 Warranty claims are only available to the direct client and cannot be assigned. However, § 478 BGB remains unaffected.

9.6 For technical reasons, materials, surfaces and printing inks may have color and structure deviations compared to layouts and paper templates, especially with different surfaces and different lighting conditions. In this respect, liability is limited to intent and gross negligence.

10. Liability
10.1 S/CONSEPT is only liable for damages in the event of intent and gross negligence, unless the fault relates to a cardinal obligation (essential contractual obligations that are owed by S/CONSEPT or AG based on the respective contract and are of eminent importance for achieving the contractual goal ) by S/CONSEPT.

10.2 If the client provides drawings or samples according to which the order was carried out in accordance with the instructions, the liability and warranty is limited exclusively to the material used and its processing. Any further liability is excluded.

10.3 The above limitation of liability does not apply to damage to life, body or health.

11. Miscellaneous
11.1 Place of performance for all services and place of jurisdiction is Karlsruhe.