General Terms and Conditions of CCS digital-fabric GmbH
and Customer Information
A. General Terms and Conditions
1. Scope; Definitions; Contract Language
1.1 These General Terms and Conditions in the version valid at the time of the order apply to the business relationship between CCS digital_fabric GmbH, Ungelsheimer Weg 3, 40472 Düsseldorf (hereinafter referred to as “CCS”) and the customer. Deviating terms and conditions of the customer are not recognized unless CCS expressly agrees to their validity.
1.2 The customer is considered a consumer if they are a natural person and the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB). A merchant is someone who operates a commercial business (§ 1 HGB).
1.3 The language of the contract is German.
2. Subject Matter of the Contract; Formats and Colors
2.1 CCS produces digital textile prints for all areas of interior design on behalf of the respective customer. Additionally, upon the customer's request, CCS also produces aluminum frame systems for self-assembly as well as furnishings and components consisting of these elements along with the necessary accessories and mounting parts.
The templates and planning/execution drawings are either provided by the customer or, if commissioned by the customer, taken from CCS’s image and planning archive. If CCS creates its own individual plans at the customer's request, these become binding once approved by the customer.
If official permits or structural verifications are required for furnishings and/or components, it is the customer's sole responsibility to obtain the necessary permits and technical documentation. CCS is not obligated to investigate whether such permits or verifications are required.
2.2 As a rule, all formats specified by the customer are considered approximate, as minor deviations may occur due to material processing. Only if the customer explicitly requests an exact format in writing at the time of order placement and this is confirmed in writing by us, are we obligated to adhere to the exact format.
2.3 Any color specifications provided by the customer for reproducing templates are considered approximate unless explicitly agreed upon in writing between the customer and us. Color, brightness, or contrast may be adjusted by CCS at its reasonable discretion based on aesthetic considerations.
3. Conclusion of Contract
3.1 The offers on CCS’s websites constitute a non-binding invitation for the customer to order goods from CCS.
3.2 The customer places an order for the respective goods either by using the technical means provided on the website or by submitting a written offer, thereby making a legally binding offer to conclude a contract. If technical specifications or requirements are necessary, these are submitted by the customer along with the contractual offer. CCS is under no obligation to accept this contractual offer. The contract is only concluded when CCS issues a written order confirmation or executes the order and sends a shipping confirmation to the customer. If CCS declines to accept the order, it must inform the customer in writing or by email within a reasonable period after receipt of the order. A period of 14 days is considered reasonable if the customer has provided all information necessary for production. If this period expires without a notice of rejection, the order is deemed accepted, even without a written order confirmation.
4. Prices; Payment Terms and Delivery; Force Majeure
4.1 Unless otherwise expressly agreed in writing, the price lists of CCS valid on the day the order is placed shall apply. The invoiced amount is based on the quantities delivered plus any samples produced by CCS.
4.2 If the customer requests changes to the agreed services after placing the order, this will generally result in additional costs, which the customer must bear. The customer will be informed of the amount of these additional costs before the changes are implemented.
4.3 CCS is entitled to request reasonable partial payments as follows: 30% upon order placement, an additional 15% upon submission of print samples and other execution samples, and 55% immediately upon delivery.
4.4 Shipping costs are borne by the customer. The customer will be informed of the amount before the contract is concluded.
4.5 If the customer is a consumer, shipping is at the risk of CCS. If the customer is a business, shipping is at the customer’s expense and risk. CCS is entitled—but not obligated without explicit instruction from the customer—to take out transport insurance in the name and at the expense of the customer. The customer will be informed of the cost before the insurance is taken out.
4.6 Delivery of the goods takes place within the delivery period specified on the respective product page at the time the customer submits the offer. CCS is entitled to make partial deliveries if this is not unreasonable for the customer.
4.7 If CCS is unable to fulfill its obligations due to force majeure—particularly war, natural disasters, civil unrest, or similar events beyond CCS’s control such as strikes or lockouts—CCS is released from its performance and delivery obligations for the duration of the disruption. During this time, the customer is not entitled to set grace periods with the aim of claiming damages or withdrawing from the contract after their expiry. The delivery period is extended by the duration of the disruption. If CCS is responsible for the disruption, its performance and delivery obligations and the customer's right to set a grace period remain unaffected. The customer will be informed without delay of the expected duration of the disruption as soon as it becomes apparent to CCS. If the disruption lasts more than one month beyond the agreed delivery date, the customer is entitled to withdraw from the contract. In the event of withdrawal, CCS will promptly refund any payments made by the customer.
4.8 CCS is entitled to withdraw from the contract if, despite having concluded a corresponding purchase agreement in advance, it does not receive the materials required for production. CCS’s liability for intent or negligence remains unaffected in accordance with Section 5 of these terms. CCS will inform the customer immediately about the unavailability of the goods and, if it intends to withdraw, will exercise the right of withdrawal without delay. In the event of withdrawal, CCS will promptly refund any payments made by the customer.
5. Right of Withdrawal for Consumers
Consumers may revoke their declaration of intent to conclude a purchase contract for the delivery of goods under certain conditions.
Details can be found on the respective product page and in our Cancellation Policy for Consumers
6. Warranty
CCS is liable for defects in accordance with the applicable statutory provisions, which are specified and modified as follows:
6.1 If the customer is a merchant, the obligation to inspect and give notice of defects pursuant to § 377 of the German Commercial Code (HGB) applies. The customer must report obvious defects in writing to CCS without delay, but no later than seven days after receiving the goods. Hidden defects must also be reported in writing without delay, but no later than seven days after their discovery. If the customer fails to report the defect, the goods are deemed accepted.
6.2 If the customer is a business, the warranty period for goods delivered by CCS is 12 months from the date of delivery. If liability arises under Section 7.1 of these Terms and Conditions, the statutory limitation period remains in effect. For claims for damages, the limitation period specified in Section 7.4 applies.
6.3 The textile materials, dyes, chemicals, and other materials used in CCS’s raw materials and manufacturing processes may undergo slight changes over time, and even from one production batch to another. These changes may occur due to high temperatures, high humidity—or fluctuations thereof—as well as exposure to sunlight. Such product- and industry-standard variations do not constitute defects and do not entitle the customer to any claims against CCS.
6.4 Textile prints are subject to environmental influences; their appearance and color may change or fade. Such environmentally induced changes do not constitute defects and do not entitle the customer to any claims against CCS.
6.5 Deviations in formats and colors as described in Sections 2.2 and 2.3 of these Terms and Conditions do not constitute defects, provided they remain within a minor and commercially acceptable range.
6.6 The customer is entitled to claims for damages against CCS only to the extent that CCS’s liability is not excluded or limited under Section 7 of these Terms and Conditions.
7. Liability and Limitation of Liability
7.1 CCS is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent, as well as in the event of culpable injury to life, body, or health, in accordance with statutory provisions. In all other cases, CCS is only liable under the Product Liability Act, or if the seller has fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item, or due to the culpable breach of essential contractual obligations. An essential contractual obligation is one whose fulfillment is necessary to achieve the purpose of the contract or whose fulfillment the customer may rely on. In the case of simple negligence in breaching other secondary obligations—i.e., those that are not essential contractual obligations—CCS is not liable.
Claims for damages due to the culpable breach of essential contractual obligations are limited to the foreseeable, contract-typical damage, unless another of the cases listed in sentences 1 or 2 applies. Liability under statutory provisions that impose responsibility without fault remains unaffected.
7.2 To the extent that CCS’s liability is excluded or limited, this also applies to the personal liability of its employees, staff, representatives, corporate bodies, and vicarious agents.
7.3 The above provisions do not entail a reversal of the burden of proof to the detriment of the buyer.
7.4 If the customer is a business and a limitation of liability applies under these Terms and Conditions, claims for damages shall become time-barred 12 months after the start of the statutory limitation period. In all other cases, or if the customer is a consumer, the statutory limitation periods for claims for damages apply.
8. Submission and Return of Templates by the Customer
8.1 If the customer is required to provide originals, negatives, templates, or other documents for the fulfillment of the order, these must be delivered to CCS free of charge.
8.2 The costs for returning these materials are always borne by the customer.
The return of the materials referred to in Section 8.1 is carried out by regular mail and at the customer’s risk. A different method of shipment can be agreed upon. If the customer is a consumer, the return is at CCS’s risk.
9. Copyrights
9.1 CCS is not in a position to assess potential copyrights or copyright infringements when the customer submits templates for processing and/or reproduction. The customer alone is liable for any third-party rights. The customer agrees to indemnify CCS against all claims by third parties arising from copyright infringements. This includes necessary legal defense costs and any compensation payments.
9.2 By purchasing a work containing content from the CCS image archive, the customer acquires only the tangible ownership of the work. The customer may use the work for their own private or business purposes in the context of interior design and decoration. Any further reproduction (§ 16 UrhG), distribution (§ 17 UrhG), public access (§ 19a UrhG), or other analog or digital exploitation is not permitted. However, the physical work may be resold in its tangible form without restriction.
10. Retention of Title
10.1 The delivered goods remain the property of CCS until all claims arising from the business relationship with the customer have been fulfilled.
10.2 If the customer is a business, the following additional clauses apply (Sections 10.3 to 10.9 of these Terms and Conditions):
10.3 The customer is permitted to process or transform the delivered goods (“processing”). Processing is carried out on behalf of CCS. If the value of the goods owned by CCS is less than the value of the other goods and/or the processing, CCS acquires co-ownership of the new product in proportion to the value (gross invoice value) of the processed goods to the value of the other processed goods and/or the processing at the time of processing. If CCS does not acquire ownership of the new product under the above provision, the customer and CCS agree that the customer shall grant CCS co-ownership of the new product in proportion to the value (gross invoice value) of the goods owned by CCS to the value of the other processed goods at the time of processing. This also applies in the case of inseparable mixing or combining of the goods with goods not owned by CCS. If CCS acquires ownership or co-ownership under this Section 10, the customer shall store the goods for CCS with the care of a prudent merchant.
10.4 In the event of resale of the goods or the new product, the customer hereby assigns to CCS its claim from the resale against its buyer, including all ancillary rights, as security, without the need for any further specific declarations. The assignment includes any balance claims. However, the assignment only applies up to the amount corresponding to the price charged by CCS for the goods. The assigned portion of the claim must be satisfied with priority.
10.5 If the customer combines the goods or the new product with real estate, it also assigns its claim for compensation for the combination to CCS in the amount corresponding to the price charged by CCS for the goods, without the need for any further specific declarations.
10.6 Until revoked, the customer is authorized to collect the claims assigned to CCS under this Section 10. The customer shall immediately forward any payments received on the assigned claims up to the amount of the secured claim to CCS. If there is a legitimate interest—particularly in the event of payment default, suspension of payments, initiation of insolvency proceedings, protest of a bill of exchange, or substantiated indications of over-indebtedness or impending insolvency—CCS is entitled to revoke the customer’s collection authorization. Furthermore, CCS may, after prior warning and within a reasonable period, disclose the assignment for security, realize the assigned claims, and demand that the customer disclose the assignment to its buyers.
10.7 If a legitimate interest is credibly demonstrated, the customer must provide CCS with the information necessary to assert its rights against the buyers and hand over the required documents.
10.8 While the retention of title exists, the customer is not permitted to pledge or assign the goods as security. In the event of seizure, confiscation, or other dispositions or interventions by third parties, the customer must notify CCS immediately. Resale of the goods or the new product is only permitted to resellers in the ordinary course of business and only under the condition that payment of the equivalent value of the goods is made to the customer. The customer must also agree with the buyer that ownership is only transferred upon payment.
10.9 In the event of a breach of duty by the customer, particularly in the case of payment default, CCS is entitled—without setting a deadline—to demand the return of the goods or the new product and/or to withdraw from the contract, if necessary after setting a deadline. The customer is obliged to return the goods. A demand for return does not constitute a declaration of withdrawal by CCS unless this is expressly stated.
11. Miscellaneous
11.1 These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding the conflict-of-law rules of international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes between CCS and the customer is Düsseldorf. However, CCS is also entitled to sue the customer at their general place of jurisdiction.
If the customer’s place of residence or business is not in the Federal Republic of Germany, Düsseldorf shall also be a non-exclusive place of jurisdiction, even if the customer is not a merchant. Exclusive places of jurisdiction, such as for dunning procedures, remain unaffected.
11.3 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
B. Customer Information
1. Contractual Partner (Seller)
The purchase contract is concluded with:
CCS digital_fabric® GmbH
Geschäftsführer: Rafael Knopik, Dominic Walterscheid
Ungelsheimer Weg 1 – 3
D-40472 Düsseldorf
Tel. +49 211 90697-0
Fax. +49 211 90697-40
E-Mail: info(at)ccs-digital.de
2. Information on Essential Characteristics of the Goods
A description of the essential characteristics of the goods can be found on the respective product page in the webshop.
3. Conclusion of the Contract
The contract is concluded in accordance with Section 3 of the seller’s General Terms and Conditions (see above under A.).
4. Information on Payment and Delivery Details
Details on payment and delivery can be found in Section 3 of CCS’s General Terms and Conditions in conjunction with the respective product page.
5. Right of Withdrawal for Consumers
Consumers have a right of withdrawal.
Details can be found on the respective product page and additionally in our Right of Withdrawal for Consumers
6. Information on the Technical Steps Leading to the Conclusion of a Contract
Depending on the offer format, the following steps must be completed to conclude a contract:
- CCS offers various products for purchase on its website.
- To select a product, the customer clicks the “Add to Cart” button.
- The “Shopping Cart” is then displayed. By clicking the “Proceed to Checkout” button, the customer enters the checkout process, where they can configure delivery address, payment method, and shipping options. The customer may need to agree to the terms of use, privacy policy, and a credit check by ticking the appropriate boxes.
- By clicking the “Buy and Pay” button, the contract(s) are legally concluded.
- Storage of the Contract Text
CCS stores the contract texts only as part of the purchase process and only to the extent necessary. After the statutory retention periods expire, the customer’s data is deleted. - Information on the Technical Means to Detect and Correct Input Errors
During the order process, the customer can correct their entries at any time before submitting the order. The purchase can be canceled at any time before the binding order is placed by using the browser’s “Back” button or by closing the browser. In the final step, the customer is shown a confirmation page where they can review their entries and cancel the order process as described above. - Information on the Languages Available for the Conclusion of the Contract
The only language available for concluding the contract is German. - Information on All Relevant Codes of Conduct
CCS has not committed to any specific codes of conduct. - Privacy Policy
CCS complies with all relevant data protection regulations, particularly the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
Provisions on data processing and data protection can be found in the separate privacy policy, available under “Privacy” on the shop’s website. - Information on Warranty Rights for Consumers
There is a statutory warranty for the goods offered by CCS. Further details can be found in Sections 6 and 7 of CCS’s General Terms and Conditions (see above under A.). - Possibility of Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at: http://ec.europa.eu/consumers/odr/ .
Our email address is: info(at)ccs-digital.de