General terms

General Terms and Conditions of printy A. Wittek GmbH, as of August 2023

1. Subject of the order and contract basis
All services from printy A.Wittek GmbH are according to their current published price lists. The terms and conditions apply to this agreement and all future transactions. As part of this contract, only these general terms and conditions, our data processing notices, and, if necessary, a corresponding order data processing agreement apply.

2. Formation of the contract
Our published offers are non-binding and are merely an invitation to submit offers. If the customer places the order through a remote communication method, the contract only comes into effect upon confirmation. This must be done no later than three working days after the order is received.

3. Prices, based on page, item, or copy, are determined by the current published price lists. We reserve the right to change prices. Deviating, individual price agreements require written confirmation.

4. Impermissible Orders
We do not reproduce banknotes, ID documents, stamps, etc. at a 1:1 scale or in color. We also do not make any cover-ups or changes to document templates.
We can also cancel the execution after the order has been confirmed if
the fulfillment of the order would violate applicable criminal laws or could be punished as an administrative offense;
with the submission obviously pursuing racist, xenophobic, violence-glorifying, radical, or otherwise unconstitutional goals;
the template disregards general ethical core values or is to be classified as immoral for other reasons;
If a necessary data processing agreement does not come into effect.

5. Compliance with third-party copyrights and intellectual property rights
The customer guarantees that the templates they provide us for the execution of the order do not infringe on any copyright, trademark, or other third-party protection rights, the general right to personality, or any other third-party rights. Anyway, the customer owns the copying and reproduction rights of the templates they submit. If our service still violates the rights of third parties, the customer must release us from any claims. This also includes any legal costs we incur (attorney and court fees).

6. Order processing
Digital templates must be provided in the data format agreed upon with the customer and as a duplicate. The customer further guarantees that the provided files do not contain any malware.
The basis for processing is the template, as we receive it from the customer or as provided by them
They receive prepared for immediate output (printers, plotters, digital copiers) from the third party that is turned on.
If the data provided by the customer cannot be processed properly, the customer will be informed immediately and given the opportunity to rework it within a reasonable timeframe. If we offer the customer the execution of the follow-up work at the same time, they can commission it at the conditions offered in the context. If there’s no follow-up or assignment within the specified timeframe, we can cancel the contract.
If the customer submits the data on a storage medium, it will be returned to the customer along with the product to be made.

7. Notes on the quality of the performance/test print
Due to differences in technology, materials, and processing conditions between us and the customer, there may be variations in the output quality between us and the customer. Minor color and tone deviations from originals or templates may also occur in the course of masking, sealing, and laminating work.
If agreed, the customer receives a test copy or proof for approval. If this was not desired or he did not deliver a proof for determining the quality owed, the quality of the product will be based on the average type and quality. This includes minor deviations in size, color, and tone from the original.
For scaled work, we guarantee accurate settings. Subsequent shrinkage or expansion of the material used due to external influences, such as moisture, temperature, or light, can lead to dimensional differences.
The customer is advised that even with proper processing, the original document may undergo adverse changes due to inherent properties. These changes include age-related fragility of transparent originals, enlargement of existing tears in originals, tears at existing fold lines of the template, the tearing of self-adhesive films or other adhesive materials, and the tearing of self-adhesive border bands.

8. Subsequent Changes
A change to the order requested by the customer after order confirmation is only possible with our consent. A change to an order also includes a change to the order data, such as the invoice recipient, delivery address, shipping method, or payment method. We reserve the right to make the approval dependent on the compensation of the associated expenses.

9. Delivery times
Delivery dates/deadlines are only binding if they have been confirmed in writing by printy A.Wittek GmbH and if the customer provides all the necessary data, templates, releases, etc. for the fulfillment of the order at the agreed time. The delivery deadline is considered to have been met when the order is completed and the printed materials are ready for shipment or pickup. Force majeure and unavoidable inability, such as power outages, machine defects, and network disruptions, extend the delivery period by the duration of the hindrance.
The delivery of the order to the specified location is not part of the delivery time.a

10. Shipping/Pickup
The customer is responsible for picking up or Acceptance of the finished product is binding.
A pickup by a third party is only possible upon presentation of a receipt of delivery, unless otherwise agreed.
Shipping is at the customer’s risk, unless delivery by us has been agreed upon. The customer is responsible for the shipping costs of packaging and transportation, according to our list prices.

11. Payment Terms
Pay for instant orders at the checkout in cash or with a giro or debit card. We don’t accept Visa, Mastercard, or any other credit cards. For amounts under €25 net, we expect immediate cash payment against the issuance of a tax office-certified receipt with VAT shown. Minimum order value for orders is €25.00 net. We don’t create professional invoices for amounts below this amount due to cost reasons. We may charge a small order surcharge equal to the difference between your order value and our minimum order value of €25.00.
There’s a 14-day payment period, without any deductions. If you’re late with a payment, we’ll charge you late fees of 7% above the current discount rate of the LZB. A customer’s offsetting is only possible with legally established or by us recognized counterclaims.e

12. Retention of Title
All products manufactured remain our property (retained goods) until all claims we have against the customer have been fulfilled. The reserved goods may not be assigned by the customer to a third party.

13. Liability for material and legal defects
Our products are subject to the statutory warranty for material and legal defects.

14. Liability and Warranty
We are liable for damages if they are based on a willful or grossly negligent breach of duty by us or on a willful or grossly negligent breach of duty by our legal representatives or vicarious agents.
Material that the client provides to printy A.Wittek GmbH is processed solely at their own risk. This refers to the printing, laminating, cellophaning, drilling, creasing, folding, and cutting of these materials.
In the event of force majeure and unavoidable inability, such as power outages, machine defects, and network disruptions, delivery deadlines will be extended by the duration of the hindrance (as described in paragraph 9). We expressly point out that these failures can occur at any time,
The processing time can be unpredictably extended by up to 8 hours in addition to the normal processing time of 3 hours for immediate orders of a small scope, such as the processing of bachelor’s and master’s theses.
If the customer misses fundamental important delivery dates due to a production stop caused by force majeure, A. Wittek GmbH cannot be held liable for the resulting consequential damages to the customer.
Furthermore, there is a provision for unforeseen loss or damage. Damage to original templates handed over to us for your benefit is insured up to a maximum amount of 15,000 euros under an insurance policy taken out by the Wirtschaftsverband Kopie und Medientechnik e.V.
Complaints regarding service orders must be made in writing within 3 days of collection. You are limited to the right of a replacement delivery of our choice.

15. Data protection information
Personal data of the customer is processed as part of contract initiation and fulfillment. We refer to our Privacy Policy for this. If we perform order data processing for the customer because we process personal data of third parties for them, a corresponding order data processing agreement must be concluded.

16. Right of withdrawal for services
For services, the right of withdrawal expires after the consumer has confirmed his consent to the execution of the order and the entrepreneur has fully provided the service.

17. Final provision
The revocation, amendment or addition of these terms and conditions requires written form. Oral side agreements, including those prior to the award of the contract, have no legal effect. Should individual points of these terms and conditions be invalid or become invalid, this will not affect the validity of the remaining terms and conditions. The ineffective provision is to be replaced by an alternative regulation that approximates the economic purpose.

The place of jurisdiction and performance is Munich