General Terms & Conditions

Terms of Service

 

General - Scope

Our sales and delivery conditions apply exclusively; We do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. Our terms of sale and delivery also apply to all future transactions with the customer.

orders and offers

The offer prices are net prices and do not include value added tax, which is to be added in accordance with the applicable statutory regulations.

The offer calculations are based on the values ​​of the request or the information provided by the buyer. If these prove to be incorrect when the order is placed or due to samples sent later, the seller reserves the right to change the price on the basis of the new data.

The concluded contract is fundamentally subject to these terms and conditions, unless deviating agreements have been confirmed in writing by the seller. These terms and conditions are also valid if a current transaction is not based on a written offer or an order confirmation. This also applies if the buyer is aware of the seller's terms and conditions from a previous legal transaction.

In principle, the current price lists of the seller apply if bagobag GmbH has used price lists as the basis for the conclusion of the contract, even if the buyer did not request them before placing the order and is therefore not aware of their content.

Oral or telephone agreements are only binding if they are confirmed in writing by the seller. This is usually done by submitting a written offer in the form of an email, letter or fax letter.

In the case of foreign transactions, the seller is entitled to subsequently debit orders that have not yet been processed if the foreign currency has devalued in the meantime, to the extent that the value of the goods on a € basis after the devaluation corresponds to that at the time of the order confirmation (before the devaluation).

Declarations by email are mutually recognized as legally effective without requiring an electronic signature according to § 126a BGB. However, this does not apply to contract terminations and significant order changes. Changes are particularly significant if the order volume changes by at least 30% or ordered goods are to be replaced by others. In these cases, a written confirmation from the buyer is required to be legally effective.

The assumption of guarantees requires an express written agreement in which the type and scope of the guarantee are defined.

Prices

All prices are net plus statutory VAT in Germany.

Delivery of printing documents

If you do not have the print documents required for the order in your hands or if they are no longer available to you, please let us know. We are able to solve any problem of this type quickly and cheaply. Please include fonts, images and a dimensioned printout with the delivered files.

delivery terms

Unless otherwise agreed in writing in the offer, deliveries are made at the expense and risk of the buyer. As a rule, when shipping by ship, the shipping costs up to landing in the port are included in the price given. The situation is different for shipments made by air freight. Shipping costs in Germany or in Europe or elsewhere are always at the expense of the contractor, unless otherwise stated, and can be recalculated. Even for orders below a possibly agreed freight-free limit, the choice of shipping method and shipping route in the absence of agreements is left to the seller's best discretion, without liability for the fastest route and cheapest shipping.

In any case, free domicile delivery is only possible by truck to one buyer's address in the Federal Republic of Germany and not to several. EU-wide deliveries require a written regulation, otherwise they are not free.

If carriage paid delivery has been agreed without the shipment having been franked by the seller, the buyer must present the shipping documents and proof of receipt of the goods and will then receive a freight payment as compensation.

If goods are kept available from the seller's warehouse for the exclusive disposal of the buyer or are sold for manufacture without shipping specifications (call orders), the buyer must accept the goods within the agreed maximum periods. After the expiry of this period, immediate delivery can take place without this being indicated by the seller.

If goods are delivered on EURO pallets, the buyer must return a corresponding number of EURO pallets in exchange. If EURO pallets are not returned, a calculation will be made according to our conditions valid at the time of delivery.

With the signing of the delivery note by the buyer or a vicarious agent, the shipment is considered complete and correctly accepted, even if it was only accepted with reservations.

If the buyer defaults in acceptance, he must reimburse the seller for the expenses incurred. In this case, the seller is entitled, at his discretion, either to dispose of the delivery item otherwise after unsuccessfully setting a reasonable deadline for acceptance or to supply the buyer with a reasonable renewed deadline. The risk of accidental deterioration and accidental loss passes to the buyer upon the occurrence of default of acceptance or default by the debtor.

delivery time

Delivery dates specified by the seller are generally non-binding.

If fixed dates for delivery are expressly agreed, the delivery period begins on the day the order confirmation is sent or the order is accepted. If the buyer subsequently requests changes that affect the production time, the delivery period begins with the confirmation of the change by the seller.

If the seller culpably defaults on delivery, the buyer's rights are limited to withdrawing from the contract, but only if the agreed delivery period is exceeded by more than 1/3, but at least by 5 working days.

If goods are not manufactured by the seller himself, he will not be in default before he has been supplied himself. Otherwise, he can release himself from the obligation to fulfill the contract if the goods are not available if he informs the buyer immediately about the unavailability and immediately reimburses any consideration already paid by the buyer.

delivery defects

The buyer's obligation to examine and give notice of defects is determined by Section 377 of the German Commercial Code.

After the buyer has used or processed the delivered goods, any liability on the part of the seller is excluded.

In the case of defective goods, the buyer can only demand a reduction in the purchase price or the delivery of goods free of defects and the return of the delivered goods, to the exclusion of all other claims. The seller determines whether the option of reducing the purchase price or the option of delivering goods free of defects applies in the given case. The seller can refer to the refusal of supplementary performance according to the legal regulations. The buyer must grant the seller a reasonable period of time if supplementary performance is requested. Prior to this, the seller must be given the opportunity to determine the reported defects at a location specified by him or on the spot. The seller has the right to take back the goods, as well as the right to determine the place of inspection for defects.

If goods are not manufactured by the seller himself, the seller is only liable within the scope of the rights he is entitled to against the sub-supplier.

impossibility of delivery

The seller can request a reasonable extension of the delivery period or withdraw from the contract in whole or in part if, for reasons beyond his sphere of influence (e.g. raw material shortages, strikes, machine damage, natural disasters, fire, impossibility of delivery by the supplier), he is unable to meet the delivery period or is unable to deliver at a reasonable later time.

The seller must inform the buyer of such circumstances immediately and reimburse any consideration that may have been paid.

terms of payment

Unless a different payment agreement has been made, a deposit of 50% of the calculation price is due after the print release has been issued. The remaining 50% upon the seller's readiness to ship.
If the buyer proves that he has not received an invoice within 3 days of creation, the deadlines are extended accordingly.

If there is a discount agreement with the buyer, a discount deduction is only justified if no other invoices are outstanding at the time the discount period expires, for which the payment period of 14 days has already been exceeded.

If the payment deadline is exceeded, the seller is entitled to demand default interest of 5% above the base interest rate.

Any discounts, bonuses and freight reimbursements that have been granted will not apply in the event of judicial or extrajudicial settlement proceedings, insolvency or default of payment (§ 286 BGB) and in the event of judicial proceedings. The same legal consequences come into effect on the 15th day after the invoice is due.

Means of payment other than cash, bank transfer or checks are only accepted if expressly agreed. The buyer bears the costs for the collection of bills of exchange as well as the discount charges. These are to be paid in cash in advance. Financial bills are generally not accepted. A payment is only deemed to have been made when the seller can dispose of the amount. In the case of check payments, the payment is only deemed to have been made when the check is credited after it has been submitted without delay.

If there are several claims, the seller is entitled to offset the buyer's payments against his claims in the order in which they are due. The debtor's right of determination according to § 366/1 BGB is excluded in this respect.

retention of title

The delivered goods (= reserved goods) remain the property of the seller until full payment.

The buyer is entitled to resell and/or use the goods in the ordinary course of business as long as he is not in default of payment. The claim arising from the further purchase takes the place of the retention of title. In the case of processing (§ 950 BGB), the new product takes the place of the delivered goods. In the case of connection (§ 947 BGB) and mixing (§ 948 BGB), the seller retains co-ownership in the amount that corresponds to the ratio of the value that the items have at the time of connection (extended retention of title).

The retention of title and the surrogates that have taken its place only expire when all of the seller's claims from the business relationship have been settled (current account retention).
If the value of the security exceeds the seller's total claim by more than 20%, the seller is obliged to release this at the request of the buyer.

As long as the retention of title exists, the buyer is not authorized to pledge or transfer ownership as security. If the buyer acts contrary to this and third parties thereby acquire rights to the seller's reserved property in good faith, the buyer is obliged to pay damages to the seller.

In the case of payment by check or bill of exchange, ownership is not transferred to the buyer until the seller has credited the item.

Seller's Guarantee

If the buyer becomes aware of liquidity difficulties or if the buyer defaults on a payment, the seller has the right to demand immediate payment of all open invoices, including those not yet due, and to demand cash payment for all outstanding deliveries before delivery of the goods.

Before full payment of the invoice amounts due, including interest on arrears, the seller is not obliged to make any further deliveries under any current contract. Exceeding the delivery time resulting from this does not entitle the buyer to withdraw from the order or to claim damages.

The buyer's right to offset is limited to undisputed and legally established counterclaims. In addition, the buyer is not entitled to withhold or reduce the payment of due invoice amounts from other deliveries in the event of complaints about delivered goods until the matter has been finally clarified.

Green dot/VfW

Please note the legal requirements with regard to the fees incurred.

Other Claims for Damages

In the event of a breach of secondary contractual obligations, the seller's liability is limited to intent and gross negligence.

Otherwise, the seller is only liable for compensation for the typically foreseeable damage and beyond that not for lost profit, consequential damage and loss of production.

These exemptions from liability also apply to tortious liability and in favor of the seller's vicarious agents and vicarious agents.

Claims for damages, regardless of whether they are based on a material defect or not, and for which a limitation of the limitation periods is permissible, become statute-barred within one year from the end of the calendar year in which the claim arose and the injured party became aware of the circumstances justifying the claim or could have obtained without gross negligence.

The buyer authorizes the seller to process the data received about him in relation to the business relationship or in connection with this, regardless of whether they originate from the buyer himself or from third parties, within the meaning of the Data Protection Act.

Should one of these provisions of the above conditions be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the intended economic purpose in a legally effective manner.

These terms and conditions are binding on the buyer as soon as he has become aware of them or has been given the opportunity to become aware of them. The current version is decisive. If the buyer has not yet become aware of this and has not had the opportunity to gain knowledge of it, the version of his state of knowledge shall apply as a substitute.

If the customer cancels the order without bagobag GmbH being at fault, the services already provided by us are to be invoiced pro rata and paid for by the customer. With regard to the services not provided, we are entitled to a flat-rate claim for damages of 15% of the order value, with the exception of termination for good cause. We reserve the right to prove greater or lesser damage.

Place of Performance, Jurisdiction and Applicable Law

Place of performance and place of jurisdiction for deliveries and payments (including actions on checks and bills of exchange) as well as all disputes arising between the contracting parties from the contracts concluded between the parties is the registered office of the seller (Berlin, Federal Republic of Germany).

It is only the law of the Federal Republic of Germany.

The applicability of the UN Convention on Contracts for the International Sale of Goods and any uniform laws on the international sale of movable property is excluded.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc, (1600 Amphitheater Parkway Mountain View, CA 94043, USA; "Google"). Use includes the "Universal Analytics" operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze a user's activities across devices.

Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. Our legitimate interest in data processing also lies in these purposes. The legal basis for the use of Google Analytics is Section 15 (3) TMG and Article 6 (1) (f) GDPR. Sessions and campaigns are terminated after a certain period of time. By default, sessions are terminated after 30 minutes of inactivity and campaigns are terminated after six months. The time limit for campaigns can be a maximum of two years. You can find more information on the terms of use and data protection under https://www.google.com/analytics/terms/de.html  or at  https://policies.google.com/?hl=de .

You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by using the  browser add-on download and install. Opt-out cookies prevent future collection of your data when you visit this website. To prevent Universal Analytics from collecting data across different devices, you must opt ​​out on all systems used. If you click here, the opt-out cookie will be set:  Disable Google Analytics

Snap Engage Online Chat

We use a Snap Engage service to provide an online chat facility operated by SnapEngage, LLC, 1722 14th St., Suite 220, Boulder, CO 80302. Personal data is only stored for visitors who participate in a chat.

The following link provides information about the stored personal data:  https://help.snapengage.com/visitor-privacy-what-information-does-snapengage-gather-about-your-website-visitors/

For details on the cookies set by Snap Engage, please visit the following link:  https://help.snapengage.com/live-chat-cookies/

cookies

(1) We use cookies to optimize our website. These are small text files that are stored in the main memory of your computer. These cookies are deleted when you close your browser. Other cookies remain on your computer (long-term cookies) and recognize you the next time you visit. This enables us to provide you with better access to our website.

(2) You can prevent cookies from being stored by selecting the "Disable cookies" option in your browser settings. This can mean that you can only use Internet offers to a limited extent.

Use of social media plugins

We use social plugins from facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be recognized by the Facebook logo or the addition "Facebook Social Plugin". For example, if you click on the “Like” button or make a comment, the relevant information is transmitted directly from your browser to Facebook and stored there. In addition, Facebook shows your friends in the social network that you have clicked on "Like".

If you are logged in to Facebook, Facebook can link your visit to our website directly to your Facebook account. Even if you are neither logged in nor have a Facebook account, your browser transmits information (e.g. which pages you have viewed or your IP address) which is then stored by Facebook.

For details about Facebook's handling of your personal data and the associated rights, please refer to Facebook's data protection declaration:  http://www.facebook.com/policy.php . If you do not want Facebook to associate information about you collected through our website with your Facebook account, you must log out of Facebook before visiting our website.

Furthermore, this website uses the “+1” or “Follow” button from Google Plus. This is operated by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA). If you visit a page that contains the "+1" or "Follow" button, a direct connection is established between your browser and the Google servers. The website operator therefore has no influence whatsoever on the nature and scope of the data that the plugin transmits to the Google Inc. servers. Click on the "+1" or "Follow" button while you are logged into Google +, share the content of the page on your public profile.

According to Google Inc., personal data is only collected when you click on the button. The IP address, among other things, is also saved for logged-in Google users. If you would like to prevent Google Inc. from storing this data and linking it to your account, please log out before visiting this website.

SSL encryption

In order to protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.

contact form

If you contact us by e-mail or contact form, the information you provide will be stored for the purpose of processing the request and for possible follow-up questions.

Embedded YouTube videos

We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to the YouTube servers is established. YouTube is informed which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.

If a YouTube video is started, the provider uses cookies that collect information about user behavior.

Anyone who has deactivated the storage of cookies for the Google Ad program will not have to reckon with such cookies when watching YouTube videos. However, YouTube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in the browser.

Further information on data protection at "Youtube" can be found in the provider's data protection declaration at:  https://www.google.de/intl/de/policies/privacy/

Google AdWords

Our website uses Google Conversion Tracking. If you came to our website via an ad placed by Google, Google Adwords will place a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad served by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. This means that cookies cannot be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to To create conversion statistics for AdWords customers who have opted for conversion tracking. Customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.

If you do not wish to participate in the tracking, you can reject the setting of a cookie required for this - for example by means of a browser setting that generally deactivates the automatic setting of cookies or set your browser so that cookies from the "googleleadservices.com" domain are blocked.

Please note that you may not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

Use of Google Remarketing

This website uses the remarketing function of Google Inc. The function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called "cookie" is stored in the browser of the website visitor, which makes it possible to recognize the visitor when they access websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that refer to content that the visitor has previously accessed on websites that use Google's remarketing function.

According to its own statements, Google does not collect any personal data during this process. If you still do not wish to use Google's remarketing function, you can always deactivate it by making the appropriate settings at  http://www.google.com/settings/ads  . Alternatively, you can disable the use of cookies for interest-based advertising through the Ad Network Initiative by following the instructions at  http://www.networkadvertising.org/managing/opt_out.asp  .

Your rights to information, correction, blocking, deletion and objection

You have the right to receive information about your personal data stored by us at any time. You also have the right to correction, blocking or, apart from the prescribed data storage for business transactions, deletion of your personal data. Please contact our data protection officer. The contact details can be found below.

So that a blocking of data can be taken into account at any time, this data must be kept in a blocking file for control purposes. You can also request the deletion of the data, provided there is no legal archiving obligation. If there is such an obligation, we will block your data on request.

You can make changes or revoke your consent by notifying us with effect for the future.

Change to our privacy policy

We reserve the right to occasionally adapt this data protection declaration so that it always corresponds to the current legal requirements or to implement changes to our services in the data protection declaration, e.g. B. when introducing new services. The new data protection declaration will then apply to your next visit.

Credit card processing

Credit card settlements are processed by:

PAYONE GmbH
Lyoner Straße 9
60528 Frankfurt/Main
Germany
HRB 116860

Managing directors: Niklaus Santschi, Frank Hartmann, Björn Hoffmeyer, Roland Schaar, Carl Frederic Zitscher Chairman of the
supervisory board: Ottmar Bloching