Our Terms and Conditions of Service

The other party is referred to as the client in the course of the text.

EWOQE GmbH & Co. KG is referred to as follows: Service provider or proper names

**General Terms and Conditions (GTC) | EWOQE GmbH & Co. KG**

**The order is accepted on the basis of the GTCs. By placing an order, you accept the GTCs. Deviations must be made in writing. Any terms and conditions of purchase or similar terms and conditions of the client that deviate from these terms and conditions shall not be valid **.

**§ 1 Prices**

Price changes that deviate from the official offer require a written agreement between the parties. Offers made verbally or by telephone shall only be considered binding if they are confirmed by a written order confirmation or a declaration of acceptance. The prices quoted do not include costs for packaging, freight, postage, insurance and other shipping costs. Costs for samples, sketches, sample layouts and test prints or similar preparatory work requested by the client shall be invoiced separately at cost.

**§ 2 Copyrights to data, 3D data and designs, indemnification**

All copyrights or other property rights to the data provided by the customer shall remain with the customer. The client grants EWOQE GmbH & Co. KG a non-exclusive and limited right of use to the data created and transmitted. This right includes the permission to manufacture products from the transmitted data and to market these products exclusively via the distribution channels approved by the customer.

EWOQE GmbH & Co. KG is prohibited from using or exploiting the data provided by the customer independently or via third parties without the customer’s explicit consent, regardless of the manner. EWOQE GmbH & Co. KG is, however, entitled to use 3D data and designs provided by the customer for this purpose for advertising purposes on its own homepage or in other advertising media, whereby EWOQE GmbH & Co. KG ensures that the design is linked to the author’s website. The use of the data for advertising purposes by EWOQE GmbH & Co. KG will only use the data for advertising purposes after approval by the client.

By transmitting the data, the customer assures EWOQE GmbH & Co. KG that the transmitted data and designs do not infringe any third-party rights. The customer bears sole responsibility for any copyright infringements. Furthermore, the customer guarantees that the content of the data and the virtual and physical design of a printed product do not infringe the rights of third parties in any way. The client undertakes to indemnify EWOQE GmbH & Co. KG in full from any third-party claims that may result from the transmission of the data.

The client bears sole responsibility for the content published in the distribution channels (in particular 3D models, background images, slogans, etc.). The customer warrants that all published content is free of third-party rights and that its use does not infringe any patents, licenses, property rights or other third-party rights. The client undertakes to indemnify EWOQE GmbH & Co. KG from all claims and demands that could be raised due to the infringement of third-party rights, including the reimbursement of all necessary defense costs and other damages incurred. In this context, EWOQE GmbH & Co. KG is entitled to an advance on costs for the estimated defense costs.
The customer is obliged to inform EWOQE GmbH & Co. KG immediately in writing if claims are made against it due to the infringement of third-party rights in relation to the content.

The client confirms that it owns all rights (including property rights and copyrights) to the source materials that are to be replicated for it and accordingly accepts full liability for any damage that may result from any reproductions. The reproduction of the originals shall be carried out exactly in the condition in which they were handed over by the client. The reproduction of banknotes, stamps, identity documents and similar objects in their original size and color is excluded by EWOQE GmbH & Co. KG is excluded. The reproduction and all other work shall be carried out without checking the correctness of the content of the material or templates provided by the customer, for the correctness of which the customer is solely responsible. This regulation also applies to the transmission of digital files for the purpose of production.

**§ 3 Delivery/ Liability**

Should we as the provider be in default of performance, liability for indirect damages is excluded, unless the delay is due to a grossly negligent or intentional breach of duty on our part.
In the event of agreed collection by the customer, the original documents and goods shall only be handed over without verification of authorization for collection upon presentation of a confirmation of receipt, which will be issued upon request when the order is placed. No claims can be asserted against us from the handover to an unauthorized person, unless there is intent or gross negligence on our part.

Unless otherwise agreed, shipment shall be at the risk of the customer and freight collect, i.e. the shipping costs shall be borne by the customer, unless delivery is made by agents or messengers of the customer. The shipping costs are calculated according to our price list or according to the respective offer. The client shall incur costs for the use of our collection and delivery service, which are always based on the specific offer.

**§ 4 Warranty**

The specifications and performance characteristics of the products listed in this document may vary depending on the specific application, operating conditions, material combinations used and the intended end use. A warranty for the products is expressly excluded, both explicitly and implicitly, including, but not limited to, the warranty of merchantability or fitness for a particular purpose.

We accept no liability for problems resulting from geometries that are too small, areas that are too thin or small free-standing objects, even after constructive adjustments for printability (such as thickening, joining, enlarging).
Despite the greatest care in production, minor deviations in material quality, coloring and similar aspects may occur, which must therefore be reserved. For work to scale, the accuracy of the settings is guaranteed, but dimensional deviations caused by material changes such as shrinkage or stretching are excluded. Liability for changes caused by external influences (such as weather, light, moisture) is only accepted if these have been caused by improper processing. In the event of unusability due to material or processing defects, a replacement will be provided free of charge; further claims are excluded.

If we are not in a position to make a replacement delivery, if this is unreasonably delayed or if we are responsible for the delay, the client may withdraw from the contract or demand a reduction in the purchase price.
The client shall be liable for the loss of or damage to originals handed over for processing during transportation or storage by us within the scope of his transport insurance. Further claims for slight negligence are excluded. Damage to originals must be reported in writing within two working days of receipt; the client is obliged to provide evidence of the extent of the damage and to take steps to minimize the damage. We are granted the right to inspect all relevant documents to determine the current value of the damaged originals.

Further claims of the client, in particular for damages, loss of profit or other financial losses as well as consequential damages, are completely excluded, unless the damage is based on intent or gross negligence on our part or on the absence of a warranted characteristic. In the event of negligent breach of a material contractual obligation, our liability shall be limited to the foreseeable damage.

*§ 5 Complaints**

Claims based on obvious defects in the delivered goods shall only be recognized if they are asserted in writing within a period of ten days after receipt of the goods. The limitation period for claims for defects is twelve months from the date of delivery. Our prior written consent must be obtained before any return of the goods.
Claims for damages due to defective 3D models are excluded, unless the defect results from intentional or grossly negligent behavior on our part. Claims resulting from injury to life, limb or health are not affected by this exclusion.

In the event of a justified complaint, we reserve the right to repair the rejected goods or to make a replacement delivery. Replacement deliveries shall be made within the usual delivery periods. Should the supplementary performance fail, the customer is free to demand a reduction in the purchase price or to withdraw from the contract.

**§6 Reservation of ownership**

The delivered goods shall remain the property of EWOQE GmbH & Co. KG. Should the delivered goods be sold or transferred to third parties, the claims of the client against these third parties shall take the place of the original goods. The claims of the service provider shall only be reduced to the extent that satisfaction is obtained from the third party. The Client shall bear the costs of legal action.

The Client is entitled to resell the goods and to collect the resulting claims against third parties. However, this authorization may be revoked by the service provider if the client fails to meet its obligations in due time. The resulting claims against third parties shall be assigned by way of undisclosed assignment up to the amount of the claims resulting from the contractual relationship. The client may only resell the goods to third parties subject to the transfer of ownership (extended retention of title by the service provider). Acquisition in good faith by third parties is excluded.

**§ 7 Payments**

Invoices are due immediately upon receipt of the goods without deductions, unless other terms of payment have been agreed. In the case of orders executed on behalf of a third party, the client shall be liable together with the third party as joint and several debtor. Complaints about invoices can only be made within two weeks of receipt of the invoice; after this period has expired, invoices shall be deemed to have been accepted in full.

If payment is not made within 30 days of the due date to the account of EWOQE GmbH & Co. KG account within 30 days of the due date, a fee of €7.50 will be charged from the second reminder and €15.00 for the third reminder. In addition, default interest of 8 percentage points above the base interest rate will be charged for the duration of the delay in payment. Any further claims for damages remain unaffected by this.

In the event of late payment, any discounts or bonuses granted shall lapse and the regular list prices shall apply. If an invoice has to be reissued due to circumstances for which the client or the invoice recipient is responsible, a processing fee of € 15.00 plus postage costs will be charged per invoice.

Should the solvency of the client or invoice recipient be jeopardized due to a deterioration in their financial situation that occurs or becomes known after conclusion of the contract, the service provider reserves the right to demand advance payments, to stop delivery of goods that have not yet been shipped and to suspend further work.

**§ 8 Liability**

EWOQE GmbH & Co. KG accepts no liability for originals or templates that have not been collected four weeks after completion of the order. KG accepts no liability. The customer’s obligation to pay remains unaffected by this. This exclusion of liability does not apply to damages caused by gross negligence or willful misconduct on the part of EWOQE GmbH & Co. KG, its legal representatives or vicarious agents.

**§ 9 Limitation of liability and exclusion of liability**

The liability of EWOQE GmbH & Co. KG for damages such as loss of profit, loss of data or business interruption in connection with this agreement is excluded, unless otherwise stated in the following provisions. This shall apply irrespective of the legal grounds, unless damages are based on intent or gross negligence. Any limitation of liability on the part of EWOQE GmbH & Co. KG also extends to the personal liability of its employees, agents and vicarious agents.

EWOQE GmbH & Co. KG does not guarantee or warrant the quality, suitability for a particular purpose, non-infringement of third-party rights or other characteristics of the products advertised or sold on the website. There is also no guarantee of uninterrupted and error-free operation of the website; EWOQE GmbH & Co. KG is not liable.

Although the information on the website is carefully checked and regularly updated, EWOQE GmbH & Co. KG cannot guarantee that all information is complete, correct and up-to-date at all times. Information may be changed, removed or supplemented at any time and without notice. EWOQE GmbH & Co. KG accepts no liability for errors, omissions or damage resulting from the use of this information. KG accepts no liability for errors, omissions or damage resulting from the use of this information. No responsibility is assumed for the content of external links; the operators of the linked pages are solely responsible.

**GTC:(§ 10) Processing of electronic data**

The service provider shall not be liable for errors in the end product that are attributable to incorrect data. This also applies if the service provider forwards the processing result directly to third parties at the request of the client. In the event of obvious defects, the service provider shall inform the client. If the defect is to be rectified, the client will be charged for the additional processing time.
The client assures that the data records supplied are duplicates of the original and that the original is in his possession.

The responsibility for data backup lies with the client. However, the service provider is entitled to make copies of the data for processing, storage and security purposes. In the event of loss or damage to the data carriers, the service provider shall only be liable up to the value of the material. At the request of the client, all copies shall be deleted, but at the latest after three months. The storage of data, data carriers and intermediate products beyond the delivery date shall only take place by express agreement and for a separate fee, regulated in an archiving contract. Here too, the service provider shall only be liable in cases of intent and gross negligence.
The data contained in the order to determine the order volume shall be binding for the service provider. Deviations from electronically transmitted information must be made in writing.

Additional work due to insufficient or incorrect information shall be borne by the client.
Due to different hardware, there may be deviations in the output quality. The client shall receive a test output for approval, if possible. If a test output is not possible, the client bears the risk of deviations and must pay for any necessary corrections.

In accordance with Art. 33 BDSG, the client is informed that his data will be stored and processed automatically, whereby all persons involved are familiar with the data protection regulations. The service provider points out that data on the Internet is not protected against access by third parties.

**§ 11Invalidity**

Should individual parts of these terms and conditions of delivery and business be invalid, the remaining parts shall remain unaffected and continue to apply. The invalid parts shall be replaced by new provisions that are legally permissible and come as close as possible to the original intentions.

**§ 12 Place of jurisdiction**

The place where all services are to be performed is Osnabrück (zip code 49074). If a dispute arises from this contract and the client is a businessman, a public authority or a special public body, the action must be brought before the court in Osnabrück or the court of the branch office that carried out the work. EWOQE GmbH & Co. KG may also bring an action at the client’s place of residence. When it comes to actions against consumers, the normal statutory rules apply.

** Right of withdrawal**

The client has no right of withdrawal, as the components are manufactured according to his specifications (§ 312d para. 4 no. 1 BGB).