General terms and conditions of CCS digital_fabric GmbH and customer information
A. Terms and Conditions
1. Scope; definitions; contract language
1.1 For the business relationship between CCS digital_fabric GmbH, Ungelsheimer Weg 3, 40472 Düsseldorf (hereinafter referred to as “CCS”) and the customer, the following general terms and conditions apply in the version valid at the time the order is placed. Deviating conditions of the customer are not recognized unless CCS expressly agrees to their validity.
1.2 The customer is a consumer insofar as it is a natural person and the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or his 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 their commercial or independent professional activity (§ 14 BGB). A merchant is someone who runs a trade (§ 1 HGB).
1.3 The contract language is German.
2. Subject 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. In addition, at the customer's request, CCS also produces aluminum clamping frame systems for self-assembly as well as furnishings and fittings that consist of these components together with the necessary accessories and assembly parts.
The templates and plan and execution drawings are either provided by the customer or, if the customer requests this, taken from the CCS image and planning archive. If CCS creates its own individual plans at the request of the customer, these are binding as soon as the customer has approved them.
If official approvals are to be obtained for furnishings and/or components or structural evidence is to be provided, it is the customer's own responsibility to ensure that the necessary approvals and other structural evidence are obtained. CCS is under no obligation to make its own inquiries as to whether such permits or evidence are required.
2.2 In principle, all formats specified by the customer are only evaluated by CCS as approximate formats, since slight deviations are possible due to the processing of the materials. We are only obliged to comply with the exact format if the customer requests an exact format and this is requested in writing by the customer when the order is placed and confirmed in writing by us.
2.3 Any color information provided by the customer for the reproduction of the templates shall apply as an approximate color information unless they have been agreed as binding in writing between the customer and us. Colour, brightness or contrast will be adjusted by CCS at its reasonable discretion from an aesthetic point of view.
3. Conclusion of contract
3.1 The offers on the CCS website represent a non-binding invitation for the customer to order goods from CCS.
3.2 The customer orders the respective goods either by using the technical possibilities of the website or in writing by submitting an offer and thus submits a legally binding offer to conclude a contract. Insofar as technical and stipulations are required, these will be sent by the customer with the contract offer. CCS is under no obligation to accept this contract offer. Acceptance of the contract offer by CCS and thus legally binding is only declared by CCS when the order is confirmed in writing or the order is executed and the shipping confirmation is sent to the customer. If CCS refuses to accept the order, it must inform the customer of this in writing or by e-mail within a reasonable period of time after receipt of the order. If the customer has provided all the information required for the production, a period of 14 days after all the information required for the execution of the order has been received is considered reasonable. If this period expires without notification of rejection, the order is deemed to have been accepted without prejudice to a written order confirmation.
4. prices; payment arrangements and delivery; Force majeure
4.1 The CCS list prices valid on the day the order is placed shall apply unless another price has been expressly agreed in writing. The quantities delivered plus the samples produced by CCS will be invoiced in each case.
4.2 If the customer requests a change to the agreed services after the order has been placed, additional costs are regularly incurred, which the customer must bear. In this case, the customer will be informed of the amount of these additional costs before the changes are implemented.
4.3 CCS is entitled to demand appropriate partial payments, namely: 30% when the order is placed, a further 15% on submission of print samples and other design samples and 55% immediately upon delivery.
4.4 The shipping costs are to be 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, the goods are shipped at CCS' risk. If the customer is an entrepreneur, shipping is at the customer's risk and expense and CCS is entitled, but not obliged unless the customer has expressly instructed it, to take out transport insurance in the name and for the account of the customer, whereby the customer is informed of the amount of the costs before the conclusion of the contract insurance is informed.
4.6 The delivery of the goods takes place within the delivery time specified on the respective article page when the customer submits the offer. If this is not unreasonable for the customer, CCS is also entitled to make partial deliveries.
4.7 In the event that CCS is unable to provide the service 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 will be exempted from the the performance and delivery obligations assumed. 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 fruitless expiry. The delivery period is extended by the times during which the hindrance persists. If CCS is responsible for the impediment to performance, CCS' performance and delivery obligations and the customer's right to set a grace period remain unaffected. The customer will be informed immediately after the occurrence of the obstacle to performance (or as soon as the occurrence of the obstacle is clearly recognizable to CCS) about the expected period of time that will be necessary to remedy the obstacle to performance. If it is impossible for CCS to provide the service for more than one month beyond the delivery date agreed upon conclusion of the contract due to the circumstances mentioned in this paragraph, the customer is entitled to withdraw from the contract. In the event of withdrawal, CCS will reimburse the customer for the corresponding consideration immediately.
4.8 CCS is entitled to withdraw from the contract if CCS does not receive the materials required for production despite the prior conclusion of a corresponding purchase contract; the responsibility of CCS for intent or negligence remains unaffected in accordance with No. 5 of these conditions. CCS will inform the customer immediately about the untimely availability of the delivery item and, if CCS wants to withdraw, exercise the right of withdrawal immediately; In the event of withdrawal, CCS will reimburse the customer for the corresponding consideration immediately.
5. Cancellation policy for consumers
Consumers can revoke their declaration of the conclusion of the purchase contract for the delivery of goods under certain conditions.
Details can be found on the respective article page and in our cancellation policy for consumers
CCS is liable for defects according to the applicable statutory provisions, which are specified and modified as follows:
6.1 If the customer is a merchant, he has the obligation to give notice of defects according to Section 377 of the German Commercial Code (HGB) and in the case of deliveries of goods he must notify us in writing of obvious defects immediately, but no later than within seven days of receipt of the goods, as well as of hidden defects immediately, but no later than within seven days of their discovery display CCS. If the customer fails to do so, the goods are deemed to have been approved.
6.2 If the customer is an entrepreneur, the warranty period for goods delivered by CCS is 12 months from the time of delivery of the goods. If according to No. 7.1 of these General Terms and Conditions there is an express liability, the statutory period shall remain. The period of limitation according to No. 7.4 of these General Terms and Conditions applies to the statute of limitations for claims for damages.
6.3 Textile materials, dyes, chemicals and other materials used in CCS raw materials and manufacturing processes may vary slightly over time, sometimes even from one production batch to the next. These occur in particular over time as a result of high temperatures, high humidity - or its fluctuations - and exposure to sunlight. Such product and industry-specific variances are not a case of warranty and the customer cannot derive any rights against CCS from them.
6.4 Textile prints are dependent on environmental influences, their appearance and color can change and fade. The 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 General Terms and Conditions do not constitute a defect if these deviations are only minor and therefore customary.
6.6 The customer has claims for damages against CCS only to the extent that the liability of CCS is not excluded based on the provisions of No. 7 of these GTC or the liability of CCS is not limited accordingly.
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 culpably caused injury to life, limb or health in accordance with the statutory provisions. For the rest, CCS is only liable according to the Product Liability Act, or if the seller fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item, or due to culpable violation of essential contractual obligations. An essential contractual obligation is one which, if breached, would jeopardize the purpose of the contract or the fulfillment of which is essential for the execution of the contract and the fulfillment of which the customer can therefore rely on. CCS is not liable for negligent breaches of other ancillary obligations, i.e. those that are not essential contractual obligations.
However, the claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless another of the cases listed in clause 1 or clause 2 is given at the same time. Liability based on legal regulations, which provide for responsibility even without fault, also remains unaffected.
7.2 Insofar as the liability of CCS is excluded or limited, this also applies to the personal liability of its workers, employees, representatives, organs and vicarious agents.
7.3 A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.
7.4 If the customer is an entrepreneur and a limitation of liability applies according to these GTC, claims for damages become statute-barred 12 months after the start of the statutory limitation period. In other cases, or if the customer is a consumer, the statutory limitation periods apply to claims for damages.
8. Submission and return of templates by the customer
8.1 If the customer has to provide originals, negatives, templates and other documents for the fulfillment of the order, these must be delivered to CCS free of charge.
8.2 The costs for the return are borne by the customer in any case.
The documents referred to in 8.1 are returned by ordinary mail and at the risk of the customer. Another type of dispatch can 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 copyright infringement if the customer submits templates for processing and/or duplication. In this respect, the customer alone is liable for any rights of third parties. He undertakes to release CCS from all third-party claims arising from copyright infringement. This also includes the necessary legal costs and any compensation payments.
9.2 With the purchase of a work with content from the CCS image archive, the customer only acquires physical ownership of the work. He can use the work for his own private or business purposes for interior design and decoration. Any further duplication (§ 16 UrhG), distribution (§ 17 UrhG), public access (§ 19a UrhG) or other analogue or digital exploitation is not permitted. However, the respective work can be resold as desired in its material form.
10. Retention of Title
10.1 The delivered goods remain the property of CCS until all of CCS’s claims against the customer arising from the business relationship have been settled.
10.2 If the customer is an entrepreneur, the following clauses also apply (No. 10.3 to 10.9 of these GTC):
10.3 The customer is 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 lower than the value of the goods and/or the processing not belonging to CCS, CCS acquires 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 processing at the time of processing. Insofar as CCS does not acquire ownership of the new goods according to the above, CCS and the customer agree that the customer co-owns CCS in the new goods in relation to the value (gross invoice value) of the delivery item belonging to CCS to that of the other processed goods at the time granted to the processing. The above sentence applies accordingly in the case of inseparable mixing or connection of the delivery item with goods that do not belong to CCS. Insofar as CCS acquires ownership or co-ownership in accordance with No. 10 of these General Terms and Conditions, the customer shall store them 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 his claim from the resale against his customer with all ancillary rights to CCS as security, without the need for any further special declarations. The assignment applies including any balance claims. However, the assignment only applies to the amount that corresponds to the price of the delivery item invoiced by CCS. The portion of the claim assigned to CCS is to be satisfied with priority.
10.5 If the customer connects the delivery item or the new goods to real estate, he also assigns his claim, which he is entitled to as remuneration for the connection, to the amount of the price invoiced to CCS, without the need for further special declarations of the delivery item.
10.6 Until revoked, the customer is authorized to collect the claims assigned to CCS in accordance with No. 10 of these General Terms and Conditions. The customer will immediately forward payments made on the assigned claims up to the amount of the secured claim to CCS. CCS is entitled to revoke the customer's authorization to collect if there are legitimate interests, in particular default in payment, suspension of payments, opening of insolvency proceedings, protest of bills of exchange or justified indications of over-indebtedness or imminent insolvency of the customer. In addition, CCS can, after prior warning and within a reasonable period of time, disclose the assignment for security, realize the assigned claims and demand disclosure of the assignment for security by the customer to the customers.
10.7 If a legitimate interest can be substantiated, the customer must provide CCS with the information required to assert its rights against the customer and hand over the necessary documents.
10.8 During the existence of the retention of title, the customer is prohibited from pledging or assignment as security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer must notify CCS immediately. 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 the equivalent value of the delivery item is paid to the customer. The customer must also agree with the buyer that the buyer will only acquire ownership after this payment has been made.
10.9 In the event of breaches of duty by the customer, in particular default in payment, CCS is entitled, without setting a deadline, to demand the return of the delivery item or the new goods and/or - if necessary after setting a deadline - to withdraw from the contract; the customer is obliged to surrender. The demand for return of the delivery item/new goods does not constitute a declaration of cancellation by CCS, unless this is expressly declared.
11.1 These terms and conditions are subject to the law of the Federal Republic of Germany without the reference standards of international private law and excluding the UN sales law.
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. Alternatively, CCS is entitled to sue the customer who is a merchant at his place of jurisdiction.
If the customer is not domiciled or domiciled in the Federal Republic of Germany, Düsseldorf is also the non-exclusive place of jurisdiction for a customer who is not a merchant. Exclusive places of jurisdiction, for example for the legal dunning procedure, remain unaffected.
11.3 Should a provision of these General 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
Managing directors: Jürgen Hansen, Rafael Knopik, Dominic Walterscheid, Heinz-Peter Zöller
Ungelsheimer Weg 1 – 3
Phone +49 211 90697-0
Fax. +49 211 90697-40
2. Information on essential characteristics of the goods
A description of the main features of the goods can be found on the respective article page in the web shop.
3. Conclusion of the contract
The contract is concluded according to No. 3 of the seller's terms and conditions (see above under A.).
4. Information on payment and delivery details
Details on payment and delivery can be found in No. 3 of the CCS General Terms and Conditions in connection with the respective article page.
5. Right of Withdrawal
Consumers are entitled to a right of withdrawal.
Details can be found on the respective article page and also in our cancellation policy for consumers (https://ccs-digital.de/widerrufbelehrung)
6. Information about the technical steps leading to the conclusion of a contract
Depending on the format of the offer, the following steps must be taken to conclude the contract:
- First, on its website, CCS offers the customer various items for purchase on its website.
- To select, the customer clicks the Add to Cart button on the listing to add an item to your cart.
- By clicking the "Buy and pay" button, the contract or contracts are then legally binding.
- Storage of the contract text
CCS only saves the contract texts as part of the purchase process and to the extent that they are necessary for this. At the end of the statutory retention periods, the customer's data will be deleted.
- Information about the technical means to identify and correct input errors
In the ordering process, the customer can make corrections to his order at any time before submitting the order. The purchase can be canceled at any time before the binding order is placed using the browser's "Back" button or by closing the browser. In the last step of the order, the customer arrives at a confirmation page on which he can check the information again and cancel the ordering process as described above.
- Information about the languages available for the conclusion of the contract
Only "German" is available as the language for the conclusion of the contract.
- Information on all relevant codes of conduct
CCS is not subject to any specific codes of conduct.
- Privacy Information
CCS observes 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 separate data protection declaration, which can be accessed under "Data protection" on the shop's website.
- Information about warranty rights for consumers
There is a statutory right to liability for defects for the goods offered by CCS. More information can be found in No. 6 and No. 7 of the CCS General Terms and Conditions (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