AGB
Terms and Conditions
Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
Contracting parties, conclusion of contract
The purchase agreement is concluded with
360DRUCK eK
Owner: Antonio Avigliano
Stiftsstraße 267
50171 Kerpen
Germany
By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. You will receive an order confirmation in German via email immediately after submitting your order.
Contracting parties, conclusion of contract, order confirmation
The purchase agreement is concluded with
360DRUCK eK
Owner: Antonio Avigliano
Stiftsstraße 267
50171 Kerpen
Germany
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
(2) By clicking the order button you submit a binding order (offer) for the goods contained in the shopping cart.
(3) You can correct your entries at any time before submitting the order by using the correction tools provided and explained in the ordering process.
(4) Immediately after submitting your order, you will receive an automatic order confirmation by email. This confirmation – even if an invoice is attached – does not yet constitute acceptance of your offer.
(5) A contract is only concluded when we expressly accept your order (e.g. by order confirmation) or when we dispatch the goods and confirm this in text form (e.g. shipping confirmation).
(6) The language of the contract is German.
Delivery terms
Shipping costs may apply in addition to the stated product prices. Further details regarding any applicable shipping costs can be found in the individual offers.
You have the option of collecting your order from 360Druck Antonio Avigliano, Stiftsstr. 267, 50171 Kerpen, Germany. Business hours by appointment.
DELIVERY AREA / COUNTRIES NOT SERVED / TECHNICAL INCORRECT ORDERINGS
(1) We deliver exclusively to the countries that can be selected as delivery countries during the ordering process or that are expressly mentioned in our shipping information.
(2) We do not accept orders with a delivery address outside this delivery area.
(3) Should it become possible for technical reasons to place an order (e.g., via PayPal Direct) outside our delivery area, we are entitled to cancel the order and – if a contract has been concluded – to withdraw from the contract. We will promptly refund any payments already made via the original payment method.
Payment / Payment methods
(1) Depending on the delivery country and technical availability, the following payment methods are available in our online shop. The payment methods available for a specific order will be displayed at checkout.
(2) Advance payment (bank transfer)
If you select "Prepayment via bank transfer", the invoice amount must be transferred to the account specified on the invoice before shipment. Shipping will take place after payment has been received.
(3) Credit card
If you select "Credit Card", payment will be made by credit card. Accepted cards/options will be displayed at checkout (e.g., Visa, Mastercard, American Express, Discover, JCB, Diners Club, UnionPay, and, if offered, Google Pay).
(4) PayPal
If you select "PayPal", payment will be processed via PayPal. The transaction will be handled by the payment service provider PayPal; any additional options available there will be displayed at checkout/with PayPal.
(5) Klarna
If you select "Klarna", payment processing will be handled by Klarna. Klarna is only available in the following countries:
Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Portugal and Spain.
The specific Klarna payment methods available in each case will be displayed during checkout.
(6) We reserve the right to exclude individual payment methods in individual cases if there is a legitimate reason for doing so (e.g. fraud prevention, lack of technical availability, different delivery country).
Cash on pickup
You pay the invoice amount in cash upon collection, and a receipt will be issued.
Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal, except for goods tailored to personal needs or specifically manufactured for the customer. These custom-made items are excluded from the right of withdrawal.
Retention of title
The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
For businesses: The risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. For merchants, the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply.
When consumers purchase used goods, the following applies: if a defect appears after one year from delivery of the goods, any claims for defects are excluded. Defects that appear within one year of delivery can be claimed within the statutory limitation period of two years from delivery.
For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. Used goods are sold excluding any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract are considered an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The foregoing limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened.
Responsibility for content
Copyright and design rights to image and print templates provided by customers remain exclusively with the customer. We do not acquire any rights to these files at any time and will neither use them ourselves nor have our employees use them outside the scope of the contractually agreed production of the ordered product, nor will we make them accessible to third parties.
The customer bears sole responsibility for the content of the transferred image and print files. They guarantee that they possess all necessary rights (in particular copyright, trademark, design, and personality rights) to transfer the files to us and for their agreed use within the scope of the order placed, and expressly warrant that the content of the transferred image and print files does not violate any legal prohibitions.
The customer shall indemnify us against all legitimate claims by third parties arising from an infringement of such rights resulting from the contractual processing, reproduction, or use of the transferred files. This also includes the assumption of reasonable legal defense costs.
Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.
