General Terms and Conditions of CCS digital_fabric GmbH and Customer Information
A. General Terms and Conditions
1. Scope of Application; Definitions; Contractual Language
1.1 For the business relationship between CCS digital_fabric GmbH, Ungelsheimer Weg 3, 40472 Düsseldorf, Germany (hereinafter referred to as “CCS”) and the customer, the following General Terms and Conditions apply in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognized unless CCS expressly agrees to their validity.
1.2 The customer is a consumer if it is a natural person and the purpose of the ordered deliveries and services can be attributed neither predominantly to its commercial nor its independent professional activity (§ 13 BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (§ 14 BGB). A merchant is a person who operates a commercial enterprise (§ 1 HGB).
1.3 The contractual language 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. The templates for this are either provided by the customer or taken from the CCS image archive.
2.2 In principle, all formats specified by the customers are evaluated by CCS as approximate formats only, since minor deviations are possible due to the processing of the materials. Only if the customer requests an exact format and this is requested in writing by the customer when placing the order and is confirmed in writing by us, are we obliged to adhere to the exact format.
2.3 Any color specifications of the customer for the reproduction of the templates shall be deemed to be approximate color specifications as long as they are not agreed as binding in writing between the customer and us. Color, brightness or contrasts will be adjusted by CCS at its reasonable discretion based on aesthetic considerations.
3. Conclusion of contract
3.1 The offers on the websites of CCS represent a non-binding invitation for the customer to order goods from CCS.
3.2 The Customer orders the respective goods by using the technical possibilities of the Website and thus submits a legally binding offer, whereby there is no obligation on the part of CCS to accept the Customer’s offer. Even an acknowledgement of receipt does not constitute acceptance. If CCS accepts the customer’s offer, this acceptance shall be declared by CCS within 7 days at the latest, either expressly or by transmitting the confirmation of dispatch of the goods, and shall otherwise be deemed to have been rejected.
4. Prices; Payment terms and delivery; Force majeure
4.1 The list prices of CCS valid on the day the order is placed shall apply in each case, unless another price has been expressly agreed in writing. The quantities delivered plus the samples produced by CCS shall be invoiced in each case.
4.2 If the customer requests a change to the agreed services after the order has been placed, this shall regularly result in additional costs which shall be borne by the customer. In this case, the customer will be informed about the amount of these additional costs before the changes are carried out.
4.3 CCS shall be entitled to demand reasonable partial payments, namely: 30% upon placement of the order, a further 15% upon submission of print samples and other execution samples, and 55% immediately upon delivery.
4.4 The shipping costs will be borne by the Customer. The customer will be informed about their amount before the conclusion of the contract.
4.5 If the customer is a consumer, shipment shall be at the risk of CCS. If the customer is an entrepreneur, the shipment shall be at the expense and risk of the customer and CCS shall be entitled, but not obliged without the customer’s express instruction, to take out transport insurance in the name and for the account of the customer, whereby the customer shall be informed of the amount of the costs before the insurance is taken out.
4.6 The delivery of the goods shall take place within the delivery time indicated on the respective item page when the customer submits the offer. CCS is entitled, if this is not unreasonable for the customer, to make partial deliveries.
4.7 In the event that CCS is unable to render the performance owed due to force majeure, in particular war, natural disasters, riots, or due to similar events for which CCS is not responsible, such as strikes or lockouts, CCS shall be released from the assumed performance and delivery obligation for the duration of their existence. During this period, the customer is not entitled to set additional deadlines with the aim of claiming damages or withdrawing from the contract after their fruitless expiry. The delivery period shall be extended by the times during which the hindrance continues. If CCS is responsible for the impediment to performance, the performance and delivery obligation of CCS and the right of the customer to set a grace period shall remain unaffected. The customer shall be informed of the expected period of time required to remedy the impediment to performance without undue delay after the occurrence of the impediment to performance (or as soon as the occurrence of the impediment is recognizable to CCS as certain). If the performance of services on the part of CCS is impossible for more than one month beyond the delivery date agreed upon at the conclusion of the contract due to the circumstances mentioned above in this paragraph, the customer shall be entitled to withdraw from the contract. CCS will immediately refund the corresponding consideration to the customer in the event of withdrawal.
4.8 CCS shall be entitled to withdraw from the contract if CCS does not receive materials required for production despite the prior conclusion of a corresponding purchase contract on its part; the responsibility of CCS for intent or negligence shall remain unaffected in accordance with No. 5 of these terms and conditions. CCS will immediately inform the customer about the non-timely availability of the delivery item and, if CCS wants to withdraw, will immediately exercise the right of withdrawal; CCS will immediately refund the corresponding consideration to the customer in case of withdrawal.
5. Cancellation policy for consumers
Consumers may revoke their declaration for the delivery of goods directed at the conclusion of the purchase contract under certain conditions.
Details can be found on the respective item page and in our Cancellation policy for consumers (https://ccs-digital.de/widerrufsbelehrung)
CCS shall be liable for defects in accordance with the statutory provisions applicable to this, which are specified and modified as follows:
6.1 Insofar as the customer is a merchant, the obligation to give notice of defects pursuant to § 377 of the German Commercial Code (HGB) shall apply to him and he shall notify CCS in writing of obvious defects in deliveries of goods without undue delay, but no later than seven days after receipt of the goods, and of hidden defects without undue delay, but no later than seven days after their discovery. Translated with www.DeepL.com/Translator (free version) If the customer fails to give notice, the goods shall be deemed to have been approved.
6.2 If the customer is an entrepreneur, the warranty period for goods delivered by CCS shall be 12 months from the date of delivery of the goods. Insofar as liability expressly arises in accordance with No. 7.1 of these GTCs, the statutory period shall remain in effect. The limitation period for claims for damages shall be as set forth in No. 7.4 of these GTC.
6.3 The textile materials, dyes, chemicals and other materials used in CCS’s raw materials and manufacturing processes may change slightly over time, in some cases even from one production batch to the next. These occur in particular over time due to high temperatures, high humidity – or its fluctuation – as well as solar radiation. In the case of such product and industry-standard variances, this is not a case of warranty and the customer cannot derive any rights against CCS from this.
6.4 Textile prints depend on environmental influences, their appearance and colorfulness may change and fade. Environmental influences caused in this respect are also not a case of warranty and the customer cannot derive any rights against CCS from this.
6.5 Deviations in formats and colors within the meaning of No. 2.2 and No. 2.3 of these GTC shall not constitute a defect, provided that such deviations are only minor and to that extent customary in the trade.
6.6 The customer shall have claims for damages against CCS only to the extent that the liability of CCS is not excluded on the basis of the provisions of No. 7 of these GTCs or the liability of CCS is not limited accordingly.
7. Liability and limitation of liability
7.1 CCS shall be liable in cases of intent or gross negligence of the Seller or a representative or vicarious agent as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions. Otherwise, CCS shall only be liable under the Product Liability Act, or insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item, or due to the culpable breach of material contractual obligations. A material contractual obligation is an obligation the breach of which would jeopardize the purpose of the contract or the fulfillment of which makes the performance of the contract possible in the first place and on the fulfillment of which the customer may therefore rely. CCS shall not be liable in the event of a negligent breach of other secondary obligations, i.e. obligations that are not essential contractual obligations.
However, the claim for damages for the culpable breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the cases listed in p. 1 or p. 2 is given at the same time. Liability on the basis of statutory provisions, which provide for liability even without fault, shall also remain unaffected.
7.2 Insofar as the liability of CCS is excluded or limited, this shall also apply to the personal liability of its employees, representatives, bodies and vicarious agents.
7.3 A change in the burden of proof to the detriment of the Buyer is not associated with the above provisions.
7.4 If the customer is an entrepreneur and a limitation of liability applies according to these GTC, claims for damages shall become statute-barred 12 months after the beginning of the statutory limitation period. In other cases, or insofar as the customer is a consumer, the statutory limitation periods shall apply to claims for damages.
8. Sending and return of templates by the customer
8.1 Insofar as the customer has to provide originals, negatives, templates and other documents for the fulfillment of the order, these shall be delivered by the customer to CCS free of charge.
8.2 The costs for the return shipment shall be borne by the customer in any case.
The return of the documents referred to in 8.1 shall be made by ordinary mail and at the risk of the Customer, Another method of shipment may be agreed. If the customer is a consumer, the return is at the risk of CCS.
9.1 CCS is not in a position to assess any copyrights and infringement of copyrights when the Customer submits templates for editing and/or reproduction. In this respect, the customer alone shall be liable for any rights of third parties. The Customer undertakes to indemnify CCS against all claims of third parties arising from copyright infringements. This also includes the necessary legal costs and any compensation for damages.
9.2 With the purchase of a work with contents from the CCS picture archive, the customer only acquires the real property of the work. The Customer may use the work within the framework of their own private or business purposes for interior design and decoration. Any further reproduction (§ 16 UrhG), distribution (§ 17 UrhG), making available to the public (§ 19a UrhG) or other analog or digital utilization is not permitted. However, the respective work can be resold in its form as desired.
10. Retention of title
10.1 The delivered goods shall remain the property of CCS until all claims CCS has against the customer arising from the business relationship have been satisfied.
10.2 If the Customer is an entrepreneur, the following clauses (No. 10.3 to 10.9 of these GTCs) shall apply additionally:
10.3 The Customer shall be permitted to process or transform the delivery item (“Processing”). The Processing is done for CCS. However, if the value of the delivery item belonging to CCS is less than the value of the goods not belonging to CCS and/or the processing, CCS shall acquire co-ownership of the new goods in the ratio of the value (gross invoice value) of the processed delivery item to the value of the other processed goods and/or the processing at the time of processing. To the extent that CCS does not acquire ownership of the new goods pursuant to the foregoing, CCS and the customer agree that the customer shall grant CCS co-ownership of the new goods in the ratio of the value (gross invoice value) of the delivery item belonging to CCS to that of the other processed goods at the time of processing. The preceding sentence shall apply mutatis mutandis in the event of inseparable mixing or combination of the delivery item with goods not belonging to CCS. Insofar as CCS acquires ownership or co-ownership pursuant to No. 10 of these GTCs, the customer shall hold them in safe custody for CCS with the diligence of a prudent businessman.
10.4 In the event of the sale of the delivery item or the new goods, the customer hereby assigns to CCS by way of security its claim against its purchaser arising from the resale, including all ancillary rights, without any further special declarations being required. The assignment shall apply including any balance claims. However, the assignment shall only apply to the amount corresponding to the price of the delivery item invoiced by CCS. The share of the claim assigned to CCS shall be satisfied with priority.
10.5 If the customer combines the delivery item or the new goods with real estate, he shall also assign his claim to which he is entitled as remuneration for the combination to the amount corresponding to the price of the delivery item invoiced to CCS, without any further special declarations being required.
10.6 Until revoked, the customer is authorized to collect the claims assigned to CCS pursuant to No. 10 of these GTCs. The customer shall immediately forward payments made on the assigned claims to CCS up to the amount of the secured claim. In case of legitimate interests, in particular in case of default of payment, cessation of payment, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the customer, CCS shall be entitled to revoke the customer’s collection authority. In addition, CCS may, after prior warning and observance of a reasonable period of time, disclose the assignment by way of security, realize the assigned claims and demand disclosure of the assignment by way of security by the customer to the purchasers.
10.7 If a justified interest is substantiated, the customer shall provide CCS with the information required to assert its rights against the purchaser and hand over the necessary documents.
10.8 During the existence of the reservation of title, the customer is prohibited from pledging or transferring ownership by way of security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer shall notify CCS without delay. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the countervalue of the delivery item is made to the customer. The customer shall also agree with the purchaser that the purchaser shall acquire ownership only upon such payment.
10.9 In the event of breaches of duty by the Customer, in particular in the event of default in payment, CCS shall be entitled, even without setting a deadline, to demand the surrender of the delivery item or the new goods and/or – if necessary after setting a deadline – to withdraw from the contract; the customer shall be obliged to surrender the goods. The demand for return of the delivery item/new goods does not constitute a declaration of withdrawal by CCS, unless this is expressly declared.
11.1 These GTCs shall be governed by the laws of the Federal Republic of Germany without reference to the conflict of laws rules and excluding 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 shall be Düsseldorf. However, CCS is entitled to sue the customer, who is a merchant, alternatively also at his place of jurisdiction.
If the customer does not have its registered office or place of residence in the Federal Republic of Germany, Düsseldorf shall also be the non-exclusive place of jurisdiction for a customer who is not a merchant. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, shall remain unaffected.
11.3 Should any provision of these GTCs be or become invalid, the validity of the remaining provisions shall not be affected thereby.
B. Customer information
1. Contractual partner (Seller)
The purchase contract is concluded with:
CCS digital_fabric® GmbH
CEOs: Jürgen Hansen, Rafael Knopik, Dominic Walterscheid, Heinz-Peter Zöller
Ungelsheimer Weg 1 – 3
Tel. +49 211 90697-0
Fax. +49 211 90697-40
2. Information on essential characteristics of the goods
A description of the essential characteristics of the goods can be found on the respective item page of the web store.
3. Conclusion of the contract
The contract is concluded according to No. 3 of the GTCs of the Seller (see above under A.).
4. Information on details regarding payment and delivery
Details on payment and delivery can be found in No. 3 of the GTCs of CCS in connection with the respective item page.
5. Cancellation policy for consumers
Consumers have a right of withdrawal.
Details can be found on the respective item page and additionally in our Cancellation policy for consumers (https://ccs-digital.de/widerrufsbelehrung)
6. Information about the technical steps leading to the conclusion of the contract
In detail, depending on the offer format, the following steps must be completed to conclude the contract:
- First, CCS offers various items for purchase on its website to the customer.
- To select, the customer clicks on the add to cart button in the offer to add an item to your cart.
- By clicking the “buy and pay” button, the contract(s) is/are then legally binding.
- Storage of the contract text
CCS stores the contract texts only in the context of the purchase processing and as far as they are necessary for this purpose. The customer’s data is deleted at the end of the legal retention periods.
- Information about the technical means to detect and correct input errors
In the ordering process, the customer has the opportunity to make corrections to their order at any time before submitting the order. The purchase can be canceled at any time before the binding order via the “back button” of the browser or closing the browser. In the last order step, the customer is taken to a confirmation page where they can check the details again and cancel the order process as described above.
- Information on the languages available for the conclusion of the contract
German is the only language available for the conclusion of the contract.
- Information on all relevant codes of conduct
CCS has not submitted to any specific codes of conduct.
- Privacy information
CCS complies with all relevant data protection regulations. In particular, these are the provisions of the Federal Data Protection Act and the Telemedia Act.
Regulations on data processing and data protection can be found in the separately formulated data protection declaration, available under the item “Data protection” on the store’s web pages.
- Information about warranty rights for consumers
There is a legal right of liability for defects for the goods offered by CCS. Further details can be found in No. 6 and No. 7 of the General Terms and Conditions of CCS (see above under A.).
- Possibility of online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
Our email address is: info(at)ccs-digital.de