Condiciones generales de contrato de Realityservice GmbH
Orders are accepted and processed subject to these General Terms and Conditions. By placing an order on our website, the client agrees to be bound by these General Terms and Conditions. Any amendments shall be made in writing. General Terms and Conditions of the client inconsistent with these shall not be binding for Realityservice GmbH.
§ 1 Prices
Prices inconsistent with our price list shall be agreed on in writing. Offers made verbally or by telephone become binding through written order confirmation or written order acceptance. Prices do not include packaging, freight, postage, insurance and other shipping costs. Samples, sketches, sample layouts, sample prints, etc. ordered by the client will be charged separately.
§ 2 Copyright on 3D Data and Designs; Release from Liability
- Any copyright or other rights on the 3D data provided by the partner shall remain with the partner. The partner gives rapidobject rights of use to the 3D data created and uploaded. This includes the right to print products from the data and sell them in the shops set up by the partner. rapidobject is not permitted to sell in its own shops or in the shops of third parties or any other sales channels 3D models created by the partner without the partner’s express consent.
- rapidobject is allowed to use 3D data and designs for promotional purposes on its homepage or for other advertising purposes related to rapidobject. In such cases, rapidobject guarantees that these designs are linked to the author’s shop.
- By uploading 3D model data the partner guarantees rapidobject that the 3D data and the design are free of third-party rights. Any infringements hereof are the full responsibility of the partner. The partner also guarantees that the content of the 3D data and the virtual design of a model do not infringe on any third-party rights.
- Content placed in the shop (especially 3D models, background images, slogans, etc.) is the sole responsibility of the partner. The partner vouches that all contents put in his shop are free of third-party rights and that their use does not encroach on patents, licenses, property rights or other third-party rights.
- The partner will release rapidobject upon its first request from all claims asserted due to infringement of third-party rights. The partner shall reimburse rapidobject for all defense costs and other damages arising as a result. rapidobject is entitled to an advance payment from the partner in this case equal to the estimated amount of defense costs.
- The partner is obligated to immediately inform rapidobject in writing if claims are made against him due to infringement of third-party rights related to contents placed in the shop.
- If a third party makes claims against rapidobject due to infringement of rights, rapidobject is free to remove the objectionable contents from the partner’s shop, entirely or in part, at its own discretion.
- The client declares ownership of all rights (property rights, copyrights, etc.) on the draft model he orders to be reproduced and assumes liability for all damages that may be caused by such reproduction. The draft models are reproduced in their original form as delivered by the client. We reproduce bank notes, postage stamps, identification documents, etc. neither in full size nor in color. Similarly, we do not carry out any covering or alterations on document templates. Reproductions as well as all other operations executed by the contractor are carried out without verifying the accuracy of the content of the material or of the draft models submitted by the client. The client assumes sole responsibility for their correctness. This provision applies accordingly to the transmission of digital files for the purpose of plotting or the like.
§ 3 Delivery / Liability
If in default, rapidobject shall not be liable for any collateral damage unless the default results from a grossly negligent or intentional violation of the contract. In case of agreed collection of originals and goods by the client, these shall be released, without verifying proof of authority, upon production of the receipt requested at the time of order placement. No claim can arise from handing out originals or goods to an unauthorized person. Alternatively, shipments will be sent out collect unless delivery is carried out by authorized agents or by messengers of the client. Delivery costs are calculated according to the pricelist. When using our collection and delivery service the client will incur costs subject to our pricelist or the offer.
§ 4 Warranty
Despite utmost care, deviation from quality (e.g. paper quality) may occur and shall be accepted by the client as proper completion of the contract. In case of works true to scale, warranty for exact settings is given. Deviations in proportion caused by shrinking or expansion of the used materials are reserved.
Liability for later changes effected by external influences (climate, light, humidity an the like) is accepted only insofar as they are caused by inappropriate work performance. Replacement free of charge shall take precedence for performances that are unusable due to material defects or processing errors. Should we not be ready or able to deliver a replacement, or should we default on a replacement delivery beyond a reasonable period due to reasons in our control, the client is entitled to withdraw from the contract or demand a price reduction.
The contractor accepts liability for the loss or damage of originals handed over to the client’s agents during transport, as well as during storage and work processes executed by the contractor, to the extent of coverage through his transport insurance. Additional compensation is excluded in case of slight negligence. The contractor must be informed in writing of any damages of originals within two working days from delivery. The client shall be obligated to prove and substantiate the extent of the caused damage and shall avert and contain it. The contractor reserves the right to verification of all documents in order to be able to appraise the current value of the damaged originals.
The client shall not be entitled to make any further claims, particularly other claims for damages including lost profit or other financial losses. The above limitations of liability shall not be effective insofar as the damage is caused by gross negligence or intent on our part. They also do not apply to a client’s damage claim for the lack of a warranted characteristic.
In case of negligent infringement of an essential contractual obligation our liability shall be limited to the foreseeable damage.
§ 5 Complaints
Complaints about evident defects shall only be considered if made in writing within one week from delievry.
§ 6 Retention of Title
All delivered goods shall remain the property of the contractor until the client has fulfilled all obligations to the contractor. If the delivered goods have been sold or released to a third party, they are superseded by the claims the client holds against them.
The client is entitled to resell and collect third-party claims. The contractor can revoke this authorization if the client does not properly fulfill his obligations to the contractor, especially in case of default.
The client shall resell the goods only under the condition of title retention on his part (extended retention of title). The acquisition in good faith by third parties shall be excluded.
§ 7 Payments
Invoices shall be payable immediately upon receipt of goods without any deduction unless other terms of payment have been agreed. The buyer shall be liable in his own name in addition to the third party for orders executed for the account of a third party. Complaints about an invoice shall be valid only within four weeks; thereafter, invoices shall be deemed as fully accepted.
If payments are not made within 30 days from maturity and receipt of the invoice or an equivalent payment request, we shall charge 7.50€ for the second reminder and 15.00€ for the third reminder. Simultaneously, we shall charge an interest of 8% points above the effective basic interest rate for the duration of the payment default. Enforcement of further claims for damages shall not be excluded.
In case of default, granted discounts/rebates shall not apply and list prices shall be applicable. If invoices require rewriting on grounds for which the client or invoice recipient are responsible, a general processing fee of 15.00€ plus postage shall be charged per invoice.
Should fulfillment of the payment claim be at risk due to a deterioration of the financial situation of the client or the invoice recipient, which occurred or became known after the signing of the contract, the contractor shall be entitled to demand advance payments, retain not yet delivered goods and discontinue further processing.
§ 8 Liability
No liability shall be accepted for originals/draft models that are not collected within four weeks of order completion. The payment obligation of the client shall persist. The above limitation of liability does not apply to damages caused by a grossly negligent contract violation on our part or an intentional grossly negligent contract violation on part of a legal representative or a person who is employed by the obliged party in performing the obligation.
§ 9 Limitation of Liability and Exclusion of Liability
- Unless specified otherwise below, rapidobject’s liability (e.g., for lost profit, loss of data or interruptions or errors in the operation of the partner’s website) in connection with this agreement – whatever the legal grounds – is excluded as far as intent or gross negligence cannot be proven. As far as the liability of rapidobject is excluded or restricted, the same applies to the personal liability of employees, representatives and assisstants.
- rapidobject disclaims any warranty and provides no assurances regarding your site or the products sold through your site (including, among other things, the guarantee of a product’s suitability for contractual or ordinary purposes, the non-infringement of third-party rights or other guarantees arising from fulfillment of the contract or a trade practice).
- Moreover, rapidobject does not guarantee that operation of your site will be uninterrupted or error-free; rapidobject accepts no liability for the consequences of any interruptions or errors.
§ 10 Processing Electronic Data
Prior to accepting an order, the data format wherein the data are to be transmitted shall be clarified beyond a doubt. If processing of a data format becomes necessary, which, upon the required electronic conversion into a format used by the contractor, may encounter any deviations, a separate agreement shall be made.
Processing is based on the data sets as prepared for output (printer, plotter, digital copier) by the client or a by a third party employed by the client. The contractor shall have no verification duty.
The contractor shall assume no liability for errors of the end product that result from deficient data delivered by the client. This shall also apply in case of the contractor’s directly forwarding the end result to third parties at the request of the client. Should the contractor detect an apparent defect he shall inform the client. If the defect is to be eliminated the client shall be charged the additional processing time.
The client declares that the data sets delivered by him are replications of the original data set and that the original is in his possession. The duty to back up data rests solely with the client. The contractor shall nonetheless be entitled to make a copy. Liability incurred for the loss or damage of the data storage media delivered by the client is limited to the value of the raw material.
Data and data storage media as well as other intermediate products shall be stored beyond the delivery date only subject to express prior agreement and for separate remuneration. Full details shall be agreed in a separate archival storage contract. The contractor shall be liable solely for intent and gross negligence.
The previously mentioned objects, insofar as they have been made available through the client, shall be treated with care until the delivery date. The contractor shall be liable for damages solely in case of intent and gross negligence.
If the previously mentioned objects are to be insured, the client shall be responsible to take out the insurance.
Information about the scope of the order contained in the delivered data sets is binding for the contractor. Information on the order size delivered by the client shall be used as the basis of invoicing. Deviations from the electronically transmitted information shall be made in writing.
The client shall bear the costs for expenses ordered by him or technically required to perform according to order. This also includes the costs for data transfers initiated by him (e.g. via ISDN), and in case of online data transfers, also the provider costs incurred by the contractor. Should, while handling the data, extra work become necessary due to incomplete or wrong information in the context of/or during data transfer, the client shall bear the resulting costs.
Liability for data losses due to transmission errors during scanning operations shall be assumed only if the contractor is to be charged with gross negligence or intent.
The client is informed that in case of a not merely insignificant adaptation of the transferred material by the contractor the latter shall become, under § 7 of the German Copyright Law, the sole copyright owner. The enforcement of claims from this right shall be reserved by the contractor.
As a result of different hardware equipment among the output machines (plotter, printer, digital copier) of the contractor and of the client, deviations in output quality may occur. To avoid this the client will receive a test output for approval, provided that the contractor is able to produce a test output of limited scope from the delivered data sets. If this was not possible and the client did not include a press proof sample in case of color deviations, he shall bear the risk of any deviations and in addition, shall pay any necessary corrections.
In case the client is provided with a digital proof for permission to print as a correctable intermediate product, or in case the client bases the order on models (e.g. computer printout, digital proof) it is explicitly pointed out that the end product may encounter color deviations resulting from the different manufacturing technologies and climatic influences. Should a binding model be required, an additional chargeable press proof shall be commissioned by the client.
Given that transmission errors or time lags during data transfer (e.g. ISDN) are beyond the contractor’s control he assumes no responsibility for them. Insofar as we grant the client access to a mailbox located with the contractor, the client shall:
- use the access according to its intended purpose and appropriately, and refrain from any unlawful acts;
- accommodate and comply with accepted principles of data security and data protection;
- inform the contractor immediately of any discernible damage.
For any damage the contractor or third parties incur due to improper or unlawful acts on part of the client in connection with the mailbox services, the client shall accept sole liability.
The client is notified, according to Art. 33 of the German Federal Data Privacy Law, that his address details and data are stored and processed electronically by the contractor. The contractor warrants that all persons who handle these data are familiar with the relevant data privacy laws as amended from time to time. The contractor informs the client that data transferred online are not protected from third party access.
§ 11 Ineffectiveness
Ineffectiveness of individual provisions of these delivery and business terms shall not affect the effectiveness of the remaining contract. The ineffective provisions shall be replaced with the relevant statutory provisions.
§ 12 Jurisdiction
The place of performance is our legal domicile. If the client is a merchant, a corporate body under public law or a legal entity under public law, any disputes arising from the contract shall be settled before the court of law competent for our headquarters in Leipzig or for the respective service-executing branch. We are furthermore entitled to file a claim at the client’s headquarters.
§ 13 Partial Nullity
Should one of the provisions of this agreement become invalid or impracticable, the validity or practicability of the remaining provisions shall remain unaffected. In this case, the parties shall agree upon a new stipulation, which comes closest to the economic purpose of the invalid or impracticable stipulation. The same applies to potential loopholes.