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Conditions

General terms and conditions

 

General – Scope of Application

Our sales terms and delivery conditions apply exclusively; we do not accept contrary or opposing conditions to our sales terms and delivery conditions unless we have expressly assented to them in writing. Our sales terms and delivery conditions shall also apply if we render our service to the purchaser without any reservation in knowledge of contrary or opposing sales terms and delivery conditions of the purchaser. Our sales terms and delivery conditions apply also for all future business relations with the purchaser.

Contracts and Offers

Prices are net prices and do not include VAT, which generally must be added according to the currently applicable statutory rate.Offers are calculated based on the values in the inquiry or customer specifications.

The seller reserves the right to adjust prices accordingly should the aforesaid prove to be incorrect at the conclusion of the contract or due to samples being submitted at a later date.Unless deviating agreements have been confirmed in writing by the seller, concluded contracts shall, as a matter of principle, be subject to these terms and conditions.

In a current business transaction, these terms and conditions shall also be valid in cases where no written offer has been made or a confirmation of order exists. This is also applicable in the case that the buyer has knowledge of the seller's terms and conditions of trade from prior business transactions.

The seller's current price lists shall be valid as a matter of principle, if the bagobag GmbH price lists have been taken as a basis for the conclusion of the contract, even in such cases where the buyer has not requested these before ordering and thus has no knowledge of their contents.

Verbal agreements or those made by telephone are only binding if they have been confirmed in writing by the seller. This generally occurs through provision of a written offer in the form of an email, letter, or fax.

In the case of foreign transactions that have not been completed and where the foreign currency has in the interim period been devaluated, the seller reserves the right to adjust the contract in such a way as to bring the € value of the goods in line with the value valid at the time of the conclusion of the contract (before devaluation).

E-mail communication shall be recognised reciprocally as being legally effective without requiring an electronic signature in accordance with § 126a German Civil Code. This is, however, not applicable to the termination of contracts nor to substantial changes to a contract. Changes shall be regarded as substantial if they change the scope of the contract by at least 30% or if the goods that have been ordered are to be replaced by others. In the aforesaid cases the buyer's written confirmation is required to achieve legal effectiveness.

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

Prices

All prices are net prices, plus legally required VAT in Germany.

 

Delivery of printing documents


If the printing documents required for the order are not in your hands or are already incomplete, please let us know. We are able to quickly and inexpensively solve any problems of this kind. In case of delivered files, please include fonts, images and a masted printout.


Terms of payment

Unless otherwise agreed, a deposit of 50% of the calculation price is due after the approval for printing. The remaining 50% is due when the seller is ready to ship.
If the purchaser proves that he has not received an invoice within 3 days of its issue, the deadlines shall be extended accordingly.

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

In the event that the payment deadline is exceeded, the Seller shall be entitled to demand interest on arrears in the amount of 5% above the base interest rate.

Any discounts, bonuses and freight reimbursements granted shall be forfeited in the event of court or out-of-court settlement proceedings, insolvency or default in payment (§ 286 BGB) and in the event of legal enforcement. The same legal consequences shall apply on the 15th day after the due date of the invoice.

Means of payment other than cash, bank transfer or cheques shall only be accepted by express agreement. The costs for the collection of bills of exchange as well as the discount charges shall be borne by the buyer. These are to be paid in cash in advance. Finance bills are generally not accepted. A payment shall only be deemed to have been made when the seller can dispose of the amount. In the case of payments by check, payment shall be deemed to have been made only when the check is credited after immediate deposit.

In the event of the existence of several claims, the Seller shall be entitled to set off payments made by the Buyer against its claims in the order in which they fall due. The right of determination of the debtor according to § 366/1 BGB is excluded in this respect.

Retention of title

The delivered goods (= goods subject to retention of title) remain the property of the seller until full payment has been made.

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. In this case, the claim arising from the resale shall take the place of the retention of title. In the event of processing (§ 950 BGB), the new product shall take the place of the delivered goods. In the event of combination (§ 947 BGB) and mixing (§ 948 BGB), the Seller shall retain co-ownership in the amount of the share corresponding to the ratio of the value of the items at the time of combination (extended retention of title).

The retention of title as well as the surrogates replacing it shall not expire until all claims of the Seller arising from the business relationship have been settled (current account retention).
If the value of the collateral exceeds the total claim of the Seller by more than 20%, the Seller shall be obliged to release the collateral at the request of the Buyer.

As long as the retention of title exists, the Buyer shall not be entitled to pledge the goods or to assign them 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 shall be obliged to compensate the Seller for damages.

In the case of payment by check or bill of exchange, ownership shall not pass to the Buyer until the Seller's account has been credited.

Security of the seller

If liquidity difficulties of the Buyer become known or if the Buyer defaults on a payment, the Seller shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due, and to demand cash payment for all outstanding deliveries before delivery of the goods.

The Seller shall not be obliged to make any further deliveries under any current contract before full payment of invoiced amounts due, including interest on arrears. Resulting delivery time overruns shall not entitle the Buyer to cancel the order or to claim damages.

The Buyer's right to set-off shall be limited to undisputed and legally established counterclaims. Furthermore, in the event of complaints about delivered goods, the Buyer shall not be entitled to withhold or reduce payment of invoice amounts due from other deliveries until the matter has been finally clarified.

Green Dot/VfW

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

Other claims for damages

In the event of a breach of ancillary contractual obligations, the Seller's liability shall be limited to intent and gross negligence.

In all other respects, the Seller shall only be liable for compensation for typically foreseeable damage and, in addition, shall not be liable for loss of profit, consequential damage and loss of production.

These exemptions from liability shall also apply to tort liability and in favor of the Seller's vicarious agents and assistants.

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, shall 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 giving rise to the claim or could have become aware without gross negligence.

The Buyer authorizes the Seller to process the data received about him with regard to the business relationship or in connection with it, regardless of whether they originate from the Buyer himself or from third parties, in accordance with the Data Protection Act.

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

These terms and conditions are binding for the buyer as soon as he has taken note of them or has been given the opportunity to take note of them. In principle, the current version shall be authoritative. If the Purchaser has not yet become aware of this version and has not had the opportunity to become aware of it, the version of its state of knowledge shall apply as a substitute.

If the purchaser cancels the order without bagobag GmbH being at fault, the services already rendered by us shall be invoiced proportionally and paid by the purchaser. With regard to the services not rendered, we shall be entitled to a lump-sum claim for damages in the amount of 15% of the order value, except in the case of termination for good cause. We reserve the right to prove higher or lower damages.

Place of performance, place of jurisdiction and applicable law

The place of performance and 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 shall be the registered office of the Seller (Berlin, Federal Republic of Germany).

The law of the Federal Republic of Germany shall apply exclusively.

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

Google Analytics

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

Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. 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. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted 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 data from Google. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating 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 § 15 para.3 TMG or Art. 6 para. 1 lit. f DSGVO. Sessions and campaigns are terminated after a certain period of time. By default, sessions are terminated after 30 minutes without activity and campaigns after six months. The time limit for campaigns can be a maximum of two years. For more information on terms of use and privacy, please visit https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when visiting this website. To prevent collection by Universal Analytics across different devices, you must perform the 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 service provided by Snap Engage to provide an online chat feature operated by SnapEngage, LLC, 1722 14th St., Suite 220, Boulder, CO 80302. Personal data is only stored for visitors who participate in a chat.

Information about the personal data stored can be found at the following link: https://help.snapengage.com/visitor-privacy-what-information-does-snapengage-gather-about-your-website-visitors/

Details about the cookies set up by Snap Engage can be found at the following link: https://help.snapengage.com/live-chat-cookies/

Cookies

(1) We use cookies to optimize our web presence. 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 it on your next visit. This allows 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 may result in you only being able to 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 Plug-in". If you click on the "Like" button or post a comment, for example, the corresponding 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 "Like".

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

For details on how Facebook handles your personal data and the associated rights, please refer to Facebook's privacy policy: http://www.facebook.com/policy.php. If you do not want Facebook to associate data about you collected via 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 Amphitheatre 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 on the nature and extent of the data that the plugin transmits to the servers of Google Inc. If you click on the "+1" or "Follow" button while logged into Google +, you 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. Even for logged-in Google users, the IP address, among other things, is stored. 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

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

On some of our websites, we embed YouTube videos. 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 YouTube servers is established. This tells Youtube 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.

If you have deactivated the saving of cookies for the Google Ad program, you will not have to deal with such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you would like to prevent this, you must block the storage of cookies in the browser.

For more information on data protection at "Youtube", please refer to the provider's privacy policy at: https://www.google.de/intl/de/policies/privacy/

Google AdWords

Our website uses Google conversion tracking. If you have reached our website via an ad placed by Google, a cookie is set on your computer by Google Adwords. The conversion tracking cookie is set when a user clicks on an ad placed 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. Cookies can therefore not be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in the tracking, you can refuse 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 by setting your browser so that cookies from the domain "googleleadservices.com" are blocked.

Please note that you may not delete the opt-out cookies as long as you do not want any 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 he or she visits websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.

According to its own information, Google does not collect any personal data during this process. If you nevertheless do not wish to use Google's remarketing function, you can generally deactivate it by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising 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 obtain information about your personal data stored by us at any time. Likewise, you have the right to have your personal data corrected, blocked or, apart from the mandatory data storage for business processing, deleted. Please contact our data protection officer for this purpose. You will find the contact details at the very bottom.

To ensure 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 that the data be deleted, unless there is a legal archiving obligation. If such an obligation exists, we will block your data upon request.

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

Changes to our privacy policy

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

 

 

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