Although we act entirely in good faith, and do our utmost to provide an impeccable service, sometimes unforseen incidents arise which are beyond our control, and although we will do everything in our power to rectify any problems swiftly and amicably, our lawyers have told us that we cannot be held responsible for problems out of our control.
General Terms and Conditions of DeepSpaceDesign - hereafter referred to as "Agent" -
a) For all offers, cost estimates, sales and deliveries, the following conditions shall apply, provided that this is not contradicted by compulsory legal regulations or something different is explicitly agreed.
b) Counter-confirmations by the principal, with reference to his terms and conditions, shall not be accepted. Deviating conditions shall only apply if they have been confirmed by us. The same applies to verbal side agreements or supplemental agreements to the written agreement.
c) The personnel of the Agent are not authorised to consent to additional agreements and amendments to these General Terms and Conditions. The managing director of the Agent or his office manager shall be solely authorised to do so.
Order placement, order acceptance and dates
a) Orders shall only be binding if they have been confirmed in writing by the Agent.
b) For orders with delivery to third parties, the ordering party shall be regarded as the principal. If the delivery to the third parties takes place for their benefit or if the recipient of the delivery is benefitted in another manner by ownership and further use of the delivery, the ordering party and recipient of the delivery shall be jointly regarded as the principal. With the placement of such an order, the ordering party implicitly assures that consent to this exists.
c) For orders at the expense of third parties, regardless of whether they are for own account or third party account, the ordering party and the invoice recipient shall jointly be regarded as the payment obligor. With the placement of such an order, the ordering party implicitly assures that the consent of the invoice recipient exists for this.
d) Delivery dates are fundamentally regarded as being non-binding. The dates mentioned in the offer/order confirmation for order completion correspond to the respective status of planning. With non-adherence, the Agent is to be set an adequate grace period. After the fruitless expiry of the grace period, the principal shall be entitled to withdraw from the agreement. Until this point in time, deliveries and services ordered and accepted by the ordering party can be charged by the Agent, unless the ordering party has been inappropriately economically disadvantaged by the charge.
e) Fixed dates for the provision of the service shall only be valid if the Agent confirms these as fixed dates, firm dates or binding dates. With fixed dates, in the event of exceeding the deadline, the principal shall be entitled to cost-free withdrawal from the agreement. Until the point in time of written notification of withdrawal, the deliveries and services ordered and accepted by the ordering party can be charged by the Agent, unless the ordering party has been inappropriately economically disadvantaged by the charge.
f) With force majeure or circumstances, which make the fulfilment of the accepted orders infeasible or difficult, the Agent shall be entitled to either withdraw from the order or reduce the amount of the order or fulfil the respective order later, also with orders that have been confirmed and are already being implemented, excluding any compensation claims. An agreed deadline extends by the duration of the delay. However, cancellation by the principal is not possible earlier than four weeks prior to the occurrence of the described operational disruption. In these cases, liability by the Agent is excluded.
g) If the ordered goods are delivered to the address specified by the principal and the goods are returned to the Agent by the transport company, due to non-presence/non-collection, the goods shall be held by the Agent on behalf of the principal for a period of two weeks from the return date. If the principal should not contact the Agent in writing during these two weeks, the goods shall be disposed of by the Agent, for a fee. The payment claims by the Agent due to performance shall remain unaffected by this. If the Agent should request re-sending of the goods during these two weeks, listed additional prices (under 8 g) shall be charged for re-sending.
Order implementation / release by the principal
a) To the extent that nothing different is agreed in writing, the Agent shall carry out all orders on the basis of the printing data delivered/transmitted by the principal. The data is to be provided in the file formats specified in the Agentís order forms. With deviating file formats, the Agent cannot guarantee fault-free performance, unless he has approved this format in writing. The principal shall fully indemnify the completeness and correctness of this data, even if data transmission or data media errors exist, which are not the Agentís responsibility.
b) The Agent reserves the right to only take into account amendments to the order, which have subsequently been submitted by the principal, i.e. after order acceptance by the Agent, if they have been confirmed in writing by the managing director of the Agent or a person, who has specifically be authorised by him. With respect to the amendment-related costs for the principal, Article 8 c) of these General Terms and Conditions shall apply.
c) Deliveries of all types by the principal or by third parties appointed by him shall not be subject to an inspection obligation by the Agent, this also applies to data media and transmitted data. This shall not apply to data that is obviously not capable of being processed or read. With data transmissions, the principal must use the latest state-of-the-art protection programme for computer viruses prior to sending. The principal has the sole responsibility for data backup. The Agent shall be entitled to prepare copies.
d) Order cancellations are only possible in writing by e-mail, using the online contact form and only as long as the Agent has not yet been sent any printing data. If the cancellation by the principal should take place on time, a processing fee of £ 10.- excl. VAT (= £ 11.75 incl. VAT) must be paid, as well as the costs of the respective payment option. If services have already been otherwise provided by the Agency, he shall optionally also be entitled to charge on the basis of these services (e.g. printing data checking, proofs). After delivery of the printing data, cancellations/annulments shall no longer be possible, as these involve personalised products, which cannot be sold on to third parties.
Imprint and advertising
a) With the consent of the principal, the Agent shall be entitled to refer to us on contract products in a suitable manner. Consent by the principal can only be refused if he has an overriding interest.
b) The Agent reserves the right, also without explicit consent by the principal, to send out specimens of the orders to third parties as quality samples.
Contracts for regularly recurring work can be cancelled in writing to the Agent, with a notice period of at least three months to the end of a month.
Industrial property rights and copyrights
The principal shall be held solely liable, if third party rights, particularly copyrights are infringed in implementing his order. The principal declares that he holds the duplication and reproduction rights for the submitted documents. The principal shall indemnify the Agent for all claims by third parties due to legal infringement in this respect.
Warranty, indemnity, right of return and reimbursement
a) The principal must inspect the proper form of the delivered goods and the preliminary and interim products dispatched for correction, in any case. The risk of such errors is transferred to the principal with the print/production release, to the extent that it does not involve errors, which only occurred, or could be identified, in the production process following release. The same applies to all other release declarations by the principal.
b) The risk of accidental loss of the ordered goods and damage to the goods during transport shall transfer to the principal, as soon as the shipment has been handed over to the person carrying out the transport, or has left the Agentís factory for shipment. If the shipment should be delayed at the request of the principal, the risk shall be transferred to him with the notification of readiness for shipment. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only transfer with handover of the goods to the buyer, even with a mail order purchase. If the buyer is in acceptance default, this shall be equated to handover.
c) If the order should involve a mutual trade transaction, the principal must inspect the goods immediately after delivery. Defects discovered during the course of this must be immediately notified to the Agent in writing. A detailed description of the defects must be included. If the principal should fail to provide notification, the goods shall be regarded as approved, unless the defect was not identifiable upon inspection.
d) Return shipments of any type must be agreed with the Agent. Goods returned without shipping costs paid shall not be accepted. In the case of a justified complaint, the Agent shall compensate the standard shipping costs.
e) With colour reproductions in all manufacturing methods, slight deviations from the original cannot be rejected. The same shall apply, for technical reasons, to the comparison between other templates, e.g. proofs and printouts, even if we have prepared them, and the end product.
f) The Agent shall only indemnify deviations in the quality of the material used, up to the amount of the order value.
g) If the principal should not have provided a printout of the printing data upon request and also not inspected a proof or contact print prepared by the Agent, the Agent shall be exempted from any indemnity. Returns shall not be acknowledged in this regard.
h) Defects to one part of the delivered goods shall not provide entitlement to return the entire delivery, unless the partial delivery is not in the interest of the principal.
i) Excess or short deliveries of up to 10 % of the ordered quantity are to be accepted. These shall also include spoilage, start-up sheets, adjustment copies for further processing machinery, production-related cuttings of the upper and lower sheets, which are not removed.
j) In the event of a defect to the delivered goods, for which the Agent is responsible, it shall be at his option to rectify the defect or provide a replacement delivery. In the event that the rectification should fail, the principal shall have the option to reduce the purchase price or unwind the agreement.
k) Further claims shall be excluded Ė regardless of the legal grounds. The Agent shall not assume any indemnity for losses that do not relate to the delivered item. Lost profit and other financial losses incurred by the principal are specifically included in this exclusion. This shall also apply to all losses, which are caused by the employees, representatives and vicarious agents of the Agent.
l) For losses caused by default and infringement of duties relating to material contractual obligations, the Agent shall only indemnify, to the extent that these losses are foreseeable.
m) If changes are carried out on the delivered object by the principal or by third parties, the indemnity of the Agent shall be excluded, unless the changes are not the cause of the error or loss.
n) All documents handed over to the Agent shall be treated with care by him. The Agent shall only indemnify up to the value of the materials, in the event of damage or loss. Further claims of any type are excluded.
o) The above mentioned indemnity limitations shall not apply in the case of gross negligence or deliberate acts.
p) The statutory warranty regulations apply to consumers. For entrepreneurs and merchants, the warranty period shall amount to one year from delivery of the goods.
Reservation of ownership
a) All delivered goods shall remain the property of the Agent until fulfilment of all claims arising from the delivery agreement. If the ordering party should be an entrepreneur or a public legal entity or a special public fund, the goods shall remain the property of the Agent until receipt of all payments from the business relationship with the ordering party.
b) Claims of the contractual partner from possible onward sale of the reserved goods shall already be assigned to the Agent now. These serve to secure the reserved goods to the same extent. If the reserved goods should be sold by the contractual partner, together with other goods not sold by the Agent, the assignment of the claim from the onward sale shall only relate to half of the onward sale value of the respective reserved goods sold.
c) Access by third parties to goods and claims belonging to the Agent must be immediately notified to him by the contractual partner.
a) The following payment options are offered, among others, which differ depending on the ordering country, order volume and creditworthiness of the ordering party:
Advance payment, Google checkout. The costs of the respective payment option will be displayed during the ordering process and shall be binding.
b) To the extent that cash on delivery is not compulsory on the basis of a written agreement, invoices are to be paid immediately upon receipt, without deductions, if other payment terms have not been agreed in writing.
c) With all orders, an appropriate advance payment or security by means of a bank guarantee or credit card can be requested.
d) If the fulfilment of the payment claim should become jeopardised due to a significant deterioration of the principalís financial situation, which becomes known after conclusion of the agreement, the Agent shall be entitled to demand advance payment, retain goods and discontinue further work. The Agent shall also be entitled to these rights, if the principal enters into default with the payment of deliveries, which are based on the same contractual relationship.
e) The principal shall only be entitled to offset with claims against the Agent, if these have been legally established, are undisputed or acknowledged by the Agent.
f) Rights of retention can only be asserted by the principal within the scope of the same legal relationship.
g) Claims against the Agent are not assignable.
Settlement, approvals and amendments
The invoices prepared by the Agent shall be subject to possible errors. The Agent shall be entitled to issue a new, corrected invoice, not later than six weeks after receipt of the invoice by the principal. Six weeks after receipt of the invoice by the principal, this shall be regarded as approved, unless it is contested with the Agent in writing within this period, specifying the contested invoice position. After the expiry of the six-week period, an amendment of the invoice is excluded. This also applies to requested amendments of the invoice recipient or invoice address. The six-week period shall not affect the obligation to pay or the obligation to contest defects within the shorter periods defined in these General Terms and Conditions.
Trade customs and copyright
a) In commercial transactions, the trade customer of the printing industry shall apply (e.g. no obligation to release interim products, such as data, lithographs or printing plates, which are produced for the manufacturing of the owed end product), to the extent that a differing order has not been placed.
b) For creative services provided by the Agent on behalf of the customer, particularly graphic designs, picture and text marks, layouts, etc., the Agent shall reserve all rights (copyright). With his remuneration, the principal shall only pay for the work performance itself, not for the rights to intellectual property, particularly not the right to further duplication. The copyright can be transferred to the principal or a third party for a fee, if this has been agreed in writing. In this case, the rights shall only be transferred to the ownership of the principal/third party with the payment of the agreed fee.
Data and order documents of the principal, as well as data processing
a) The data obtained by the Agent on the basis of the business transaction shall exclusively by stored for processing internally.
b) All items provided or sent by the principal, particularly templates, data and data media, shall only be archived beyond the period of handing over the end product according to a written agreement and specific remuneration. If these items should be insured, the principal must obtain this himself, in the absence of an agreement. Indemnity by the Agent for damage or loss is excluded, regardless of the reason.
c) The recovery of archived data, i.e. the search for data in the archive, their decompression and preparation for further processing shall be charged at £ 14.00 excl. VAT (= £ 16.45 incl. VAT) for each archived printing order.
d) The shipment of data or other order documents to the principal or a third party shall take place for a fee. It amounts to a flat rate of £ 7.50 excl. VAT (= £ 8.81 incl. VAT) per shipment, plus freight and/or courier costs.
British law shall exclusively apply as the basis of the entire business relationship. The UN Convention on the International Sale of Goods is excluded.
The exclusive legal jurisdiction for all claims arising from the business relationship is London, England. We shall furthermore be entitled to file suit in the general legal jurisdiction of the customer. This shall not apply to consumers.
To the extent that provisions of the above General Terms and Conditions should be or become fully or partially invalid, the remaining provisions shall continue to be valid. The invalid provision shall be replaced by the statutory regulation.
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright The author intended not to use any copyrighted material for the publication or, if not possible, to indicatethe copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the authors agreement.
DeepSpaceDesign takes no responsibility for printed materials eg flyers, leaflets, business cards etc .. if they are late. Sometimes things can go wrong at the printing press which causes unexpected delays, and DeepSpaceDesign takes no responsibility for this.
DeepSpaceDesign takes no responsibility for refunds. Print works are usually delivered in perfect condition, but if on some rare occasion the standard of print is below a reasonable quality DeepSpaceDesign can take no responsibility. We will try to obtain refunds where necessary but it cannot be guaranteed.
DeepSpaceDesign owns sole copyrights of all artwork created by DeepSpaceDesign unless specifically stated otherwise.