AGBs

Terms of service

 

Lemley & Mehlem GbR
Martin-Köllen-Strasse 14
51103 Köln

  1. General, scope of application
    All offers, deliveries and other services for the domain pressureandink.com, as well as all printing
    services of Lemley & Mehlem GbR – also in the future – are exclusively based on these general
    terms and conditions. Counter-confirmations of the customer with reference to his business or
    purchasing conditions are hereby contradicted. Deviating terms and conditions of the customer
    can only become part of the contract if they have been expressly acknowledged in writing by
    Lemley & Mehlem GbR.
  2. Subject matter of the contract
    The following conditions are the basis for all services provided by Lemley & Mehlem GbR, in
    particular for textile finishing and all printing services.
  3. Scope of services
    The written order confirmation by Lemley & Mehlem GbR shall be decisive for the scope of
    performance or – in the case of an offer by Lemley & Mehlem GbR and its timely acceptance – our
    offer. Collateral agreements and amendments require the express written confirmation of Lemley
    & Mehlem GbR. If Lemley & Mehlem GbR recognises circumstances in the course of a project
    which could jeopardise the success of the project, they must be communicated to the customer
    immediately. Lemley & Mehlem GbR is entitled to call in third parties as vicarious agents. During
    production there may be an increase or decrease in production. The order shall also be deemed
    fulfilled if this deviating production is in the range of + or – 10%. A corresponding claim or credit
    note to the customer is to be accepted and settled.
  4. Prices
    The prices are valid including legal value added tax at a value of 19%, plus packaging and
    dispatch.
    Price increases and additional services are to be notified to the customer immediately and require
    his consent in order to be able to execute the order properly. If the Customer does not agree,
    Lemley & Mehlem GbR may revoke the offer/order. All additional costs incurred due to the fault of
    the Customer shall also be borne by the Customer. Lemley & Mehlem GbR is entitled to charge
    additional expenses. All products/services shall remain the property of Lemley & Mehlem GbR
    until they have been paid for by the customer.
  5. Obligations of the customer to cooperate
    The customer is obliged to cooperate in the fulfilment of the order and to provide the
    corresponding materials. If, for example, print files have to be reworked, Lemley & Mehlem GbR is
    no longer responsible for the timely completion of the order.
  6. Changes to the service to be rendered
    All changes to the order must be accepted and agreed upon by both parties.
  7. Delivery or performance period, acceptance, default of acceptance
    If a delivery or performance period has been agreed, it shall commence on the date of the order
    confirmation by Lemley & Mehlem GbR, but not before the documents, releases and complete
    clarification of the details of the desired execution to be provided by the customer have been
    provided by the customer. The delivery or performance period shall be extended – even within a
    delay – in the event of unpredictable forces and all unforeseeable hindrances occurring after
    conclusion of the contract for which Lemley & Mehlem GbR is not responsible, as soon as such
    hindrances can be proven to have an influence on the performance of the service owed. This shall
    also apply if these circumstances occur at upstream suppliers. Lemley & Mehlem GbR shall
    inform the Customer of the beginning and end of such hindrances as soon as possible. If the
    impediment lasts longer than three months or if it is certain that it will last longer than three
    months, both the Customer and Lemley & Mehlem GbR may withdraw from the contract. If the
    customer is in arrears with the acceptance of the service or payment due to circumstances for
    which he is responsible, Lemley & Mehlem GbR may withdraw from the contract or claim
    damages for non-performance after a reminder has been sent and a reasonable grace period set
    by Lemley & Mehlem GbR has expired without result.
  8. Delivery, dispatch and passing of risk
    Lemley & Mehlem GbR chooses a shipping company of its choice. Shipping costs are to be borne
    by the customer. If the customer is in default of acceptance, the order shall nevertheless be
    deemed fulfilled. Packages and goods must be inspected upon receipt and defects reported
    immediately to Lemley & Mehlem GbR.
  9. Ownership and usage rights, self-promotion
    Lemley & Mehlem GbR is entitled to display the goods ordered on its own homepage/social
    media account for advertising and promotional purposes. Furthermore a print sample may be
    provided, which serves unsaleable as a sample.
  10. Secrecy
    Lemley & Mehlem GbR and the Customer are obliged to keep trade and business secrets as well
    as other confidential and protect-worthy matters of the other party secret, which are entrusted
    with or become known from or in connection with the performance of the order, and not to use
    them for their own or third party purposes, but only for the lawful performance of their duties. The
    parties shall also impose a corresponding obligation on their employees employed by them in the
    project and on other third parties involved by them in the project.
  11. Warranty
    The customer must give written notice of defects of any kind – with the exception of hidden
    defects – immediately after delivery, insofar as this is feasible in the ordinary course of business;
    otherwise the performance shall be deemed approved. Hidden defects must be notified in writing
    immediately after discovery; otherwise the goods shall be deemed to have been approved even
    with regard to these defects.
    The limitation period for warranty claims is one year. This period shall also apply to claims for
    compensation for consequential harm caused by a defect, unless claims are asserted on the
    basis of tort or product liability claims. The customer may initially only demand rectification of the
    defect as a warranty. Lemley & Mehlem GbR may, however, at its discretion – instead of
    remedying the defect – deliver a replacement item. If Lemley & Mehlem GbR is not willing or able
    to repair or replace the goods, in particular if the repair or replacement is delayed beyond a
    reasonable period of time for reasons for which Lemley & Mehlem GbR is responsible, or if the
    repair or replacement fails in any other way, the Customer shall be entitled, at his discretion, to
    rescind the contract (rescission) or reduce the price (reduction) if further attempts at repair are
    unreasonable for him. In the event of defects in repaired parts or items delivered as replacements,
    the limitation period for warranty claims shall again be one year. As long as the rectification/
    replacement delivery has not finally failed, the customer may neither demand a reduction in the
    remuneration for work nor cancellation of the contract. As long as Lemley & Mehlem GbR is not in
    default with the rectification of defects and this has not finally failed, the customer is not entitled
    to have defects rectified by third parties.
    Upon request, the Customer shall provide Lemley & Mehlem GbR with documents and
    information to a reasonable extent which enable Lemley & Mehlem GbR to assess and remedy the
    defect. The Customer’s employees shall provide Lemley & Mehlem GbR with comprehensive
    information for the purpose of identifying and remedying the defect. A warranty obligation does
    not exist for defects for which the Customer is responsible or for defects which are based on
    incorrect data transmission. Furthermore, Lemley & Mehlem GbR shall not be liable for the
    admissibility of the services rendered under competition, copyright, trademark and/or design law.
    Lemley & Mehlem GbR will inform the customer of any legal concerns recognisable to Lemley &
    Mehlem GbR. Furthermore, Lemley & Mehlem GbR is not liable for copyright, trademark and/or
    design protection or registrability. Complaints regarding the artistic design are excluded.
    Otherwise, Lemley & Mehlem GbR shall be liable for damages due to defectiveness of the service
    in accordance with the statutory provisions in cases of intent and gross negligence. Lemley &
    Mehlem GbR shall also be liable if the customer claims damages for non-performance due to the
    absence of an agreed quality. If Lemley & Mehlem GbR breaches a cardinal obligation or an
    essential contractual obligation with simple negligence, Lemley & Mehlem GbR’s obligation to pay
    compensation shall be limited to the foreseeable damage typical for the contract. In all other
    respects, further claims of the customer due to defectiveness of the performance – for whatever
    legal reason – are excluded, so that Lemley & Mehlem GbR is not liable in this respect for lost
    profit or other financial losses of the customer.
  12. Liability
    (1) Lemley & Mehlem GbR shall be liable in accordance with the provisions of the Product Liability
    Act and in cases of inability to perform and impossibility of performance for which it is
    responsible. In all other cases of liability, the limitation of liability or the exclusion of liability
    pursuant to § 13 para. 8 shall apply mutatis mutandis, in particular in the case of claims based on
    culpa in contrahendo, breach of ancillary obligations (in particular false or omitted advice or
    breach of protective obligations), delay in delivery and performance as well as tort, whereby the
    delay in delivery and performance constitutes a breach of a material contractual obligation within
    the meaning of § 13 para. 8. Insofar as the above exclusion or limitation of liability relates to any
    claims arising from the legal ground of culpa in contrahendo, the parties agree that the exclusion
    or limitation of liability includes a waiver or partial waiver.
    The Internet is an open and thus susceptible system. Claims for damages due to the failure of an
    Internet server, sabotage or program errors cannot be asserted. Due to various factors, which are
    not within the sphere of influence of Lemley & Mehlem GbR, a 100% accessibility of the server
    cannot be guaranteed. Lemley & Mehlem GbR cannot be held liable for data losses that are not
    due to intentional or grossly negligent behaviour on the part of Lemley & Mehlem GbR. The
    customer is responsible for the backup of data. Lemley & Mehlem GbR accepts no liability for any
    damage caused to data transferred to the server. Lemley & Mehlem GbR accepts no liability for
    deviations in the presentation of the web design with different Internet browsers and browser
    versions on unknown computer systems and computer configurations. Insofar as the liability of
    Lemley & Mehlem GbR is excluded or limited on the basis of the above provisions (also pursuant
    to § 13 para. 7), this shall also apply to the personal liability of all employees, representatives and
    vicarious agents of Lemley & Mehlem GbR. If the Customer interferes in the delivered works
    without the written consent of Lemley & Mehlem GbR, the liability of Lemley & Mehlem GbR for
    the resulting damage shall lapse in this respect. Lemley & Mehlem GbR reserves the right to claim
    damages.
    The limitation of claims of the Customer against Lemley & Mehlem GbR shall be governed by § 13
    para. 2, unless claims arising from tort or under the Product Liability Act are concerned.
  13. Retention of title and other securities
    Lemley & Mehlem GbR retains title to the delivered items until all claims – including future claims –
    including all ancillary claims arising from the business relationship with the customer have been
    satisfied in full. If a current account agreement exists with the customer, the retention of title shall
    exist until the acknowledged balance has been settled in full. If a cheque or bill of exchange is
    accepted, fulfilment shall only occur when the cheque or bill of exchange has been cashed and
    Lemley & Mehlem GbR can dispose of the amount without recourse risks. In the event of default
    in payment or if the Customer violates other material contractual obligations, Lemley & Mehlem
    GbR shall be entitled to temporarily take back the reserved goods. The exercise of the right to
    take back does not constitute a withdrawal from the contract. If the realisable value of the
    securities granted by Lemley & Mehlem GbR in accordance with the above provisions exceeds its
    claims against the Customer by more than 10% not only temporarily, Lemley & Mehlem GbR shall
    release securities of its own choice at the Customer’s request. The above-mentioned coverage
    limit of 110 % shall be increased by this value added tax amount to the extent that Lemley &
    Mehlem GbR is burdened with value added tax on the realization of the secured goods which
    arises as a result of a value added tax delivery by the Customer to Lemley & Mehlem GbR.
  14. Notice
    To the extent that order law is applicable to the contract, it may be revoked or terminated by
    either party at any time. If the Customer terminates the contract, he shall pay in full for the
    services provided by Lemley & Mehlem GbR up to then. If the notice of termination is given at an
    inopportune time, any further damage shall also be compensated. Insofar as the law governing
    contracts for work and services applies, the contract may be terminated by either party in the
    cases expressly provided for by law or for good cause. If the Customer terminates the contract
    before the work has been completed, he shall indemnify Lemley & Mehlem GbR in full. Complete
    indemnification pursuant to paragraph 2 shall consist of the Customer paying in full for the work
    already performed by Lemley & Mehlem GbR and assuming a lump sum of 30% of the work not
    yet performed as compensation. Lemley & Mehlem GbR is free to prove higher damages. Any
    termination must be made in writing.
  15. Final provisions
    The Customer authorizes Lemley & Mehlem GbR, waiving any communication, to process
    personal data within the scope of the permissibility of the Federal Data Protection Act, insofar as
    this is necessary for the execution of the contractual relationship. Lemley & Mehlem GbR will
    store all data necessary for order processing in electronic files. The transfer of this electronic data
    to third parties does not require the Customer’s consent if it is required for the marketing of
    further campaigns. Amendments, changes or collateral agreements to these terms and conditions
    must be made in writing in order to be effective. This also applies to the cancellation of the
    requirement of written form. Should individual provisions of these General Terms and Conditions
    be invalid or void, the invalid provision shall be replaced by a provision to be agreed between the
    parties with the content that comes closest to the invalid or void provision. The same applies to
    incomplete provisions.

PRESSURE & INK SCREENPRINTING
LEMLEY & MEHLEM GBR

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LOCATION COLOGNE

Martin-Köllen-Str. 14
(Anfahrt über Zechenstraße,
Gewerbehof „Eigen und Steingass“)
51103 Köln - Kalk

(+49) 221 – 640 096 39

LOCATION HANNOVER

Badenstedter Str. 46d
30453 Hannover - Linden

(+49) 511 - 54 38 19 72