Terms and Conditions

• § 1 Validity of the Terms and Conditions

1. The deliveries and services as well as offers of NewNormal International GmbH, Ohmstraße 7, 32758 Detmold (in the following also called “contractor” or “we”) take place exclusively on the basis of these terms and conditions, if the customer (in the following also called “client” or “you” or “customer”) is an entrepreneur in the sense of § 14 BGB. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
2. Any conflicting or deviating terms and conditions shall only apply if we have expressly agreed to them in text form.
3. All agreements made between the client and the contractor must be in text form in order to be valid. This also applies to supplements or amendments to the agreements made (this also includes these terms and conditions).

• § 2 Offer and conclusion of contract

1. The presentation and offers of our products on our website, in brochures or other media is for information purposes and does not constitute a binding offer to conclude a contract.
2. Your order via our website, however, represents a binding offer to conclude a contract. By clicking on “order” on the order overview, you declare bindingly that you wish to order the product(s) selected by you and pay the price stated on the website and in these terms and conditions.
3. A binding contract is concluded when you have received an order confirmation or invoice from us in text form after placing your order.
4. The content of the contract is only what was confirmed between the contracting parties by an agreement in text form or the order via the Internet in the specified order mask.

• § 3 Prices

1. All prices quoted by us are final prices in euros and include the statutory value added tax, unless net prices are expressly stated and the value added tax is shown separately. Within Germany, our prices include packaging and shipping to one address (with the exception of Saturday delivery and special shipping methods requested by the customer). For deliveries of goods outside the European Union and Switzerland, import duties (customs duties) and other costs may also be incurred; these are to be borne by the client.
2. If the client subsequently requests changes to the data provided by the client for the execution of the order, or if similar additional work is arranged, the contractor will only carry out this work after a separate agreement with the client and against reimbursement of the additional expenditure caused by this.
3. We are not obliged to cancel orders, i.e. after legally effective acceptance of an offer. If we accept the cancellation of an order by the client, a processing fee of € 15.00 including VAT may be charged by the contractor. If the contractor has already provided services that exceed this amount, the calculation will be based on the services already provided.

• § 4 Order Execution / Approval by the Customer

1. The contractor shall execute all orders on the basis of the print data supplied or transmitted by the customer, unless otherwise agreed in text form. The data must be provided to the contractor by the customer in accordance with the file formats specified in the order forms. The contractor cannot guarantee defect-free performance for other file formats unless the deviating file format has been expressly confirmed in advance by the contractor in text form. The client alone shall be liable for the correctness of the data. This shall also apply in the event of data transmission or data carrier errors for which the contractor is not responsible.
2. The contractor shall not be subject to any inspection obligations with regard to deliveries of any kind by the customer or a third party engaged by the customer (this also includes data carriers and transmitted data). This shall only not apply if the data provided is obviously not processable or not readable. The client is obligated to use protection programs against computer viruses that correspond to the current technical state of the art prior to data transmission or prior to making the data available on a data carrier. The customer shall be solely responsible for data backup. The contractor shall have the right to make copies.
3. All originals received by the contractor shall be handled with care. In the event of damage to or loss of the templates, the Contractor shall only assume liability up to the material value. Any further claims are excluded. Any specimen copies sent in for the purpose of examining the claim cannot be returned.

• § 5 Delivery and time of performance

1. The contractor’s deliveries and services shall be made as quickly as possible from stock or promptly from post-production. A prerequisite for compliance with the delivery times of the contractor is the timely and proper fulfillment of the obligations of the customer.
2. In the event of delays in delivery for which the contractor is responsible, the duration of the period of grace to be legally set by the customer shall be two weeks. This period shall commence upon receipt of the grace period by the Contractor.
3. Fixed dates for the performance of services must be confirmed by the contractor in text form as fixed dates, fixed deadlines or binding deadlines, otherwise they shall not be valid. If a deadline is exceeded in the case of fixed dates, the customer shall be entitled to withdraw from the contract immediately. If services are rendered by the contractor until receipt of the notice of withdrawal in text form by the contractor, these may be invoiced. This shall also apply to deliveries and services accepted by the customer, unless the customer is placed at an unreasonable economic disadvantage by the charging.
4. If there is a delay in acceptance for which the customer is responsible, the contractor shall be entitled to demand compensation for the additional expenses incurred as a result of the delay in acceptance. From the time of default in acceptance, the customer alone shall bear the risk of accidental deterioration or accidental loss of the goods and the contractor shall only be responsible for intent and gross negligence.

• § 6 Non-availability of the ordered goods / force majeure

1. If we are unable to deliver the ordered goods on time or at all due to the unavailability of goods or their materials or due to force majeure, we shall inform you of this immediately and notify you of the expected new delivery period.
2. If delivery is impossible or if we are also unable to meet the new delivery deadline, we may withdraw from the contract if the conditions set out in section 6 (3) apply. In this case, we will immediately refund any payments already made.
3. We can withdraw from the contract in accordance with § 6 (2),

–      if a supplier fails to deliver goods on time through no fault of our own, even though we had concluded a congruent hedging transaction, i.e. at the time you concluded the contract with us there was a delivery order with the supplier of the goods which, viewed objectively, gave rise to the expectation that we would be able to deliver the goods to you as agreed if everything went smoothly, and it was not merely a short-term disruption in delivery;

–      in the event of force majeure, i.e. if an unforeseeable and extraordinary event delays or makes impossible the delivery not only for a short period of time and we cannot avoid this with reasonable means, as well as in the event of strikes at the place of production, accidents for which we are not responsible or storms on the transport routes.

• § 7 Transfer of risk – shipping

1. If the goods are shipped at your request, the risk of delayed performance, loss or deterioration of the goods as well as the price risk shall pass to you upon delivery of the goods to the person designated to carry out the shipment (forwarding agent, carrier or other third party designated to carry out the shipment). Decisive for this is the beginning of the loading process. This provision shall also apply if partial deliveries are made or if the contractor has taken on other services.
2. If the client expresses the wish that the dispatch or the handover be delayed or if the dispatch is delayed due to a circumstance the cause of which lies with the client and for which the client is responsible, the risk shall pass to the client as soon as his goods are ready for dispatch. In this case, the client shall bear all storage costs incurred after the transfer of risk. In the event of storage by the contractor, the storage costs shall amount to 1% of the invoice amount of the delivery items to be stored for each expired week. The contractor and the customer reserve the right to provide evidence of further or lower storage costs.
3. The contractor’s place of business shall be the place of performance for all obligations arising from the contractual relationship, unless otherwise specified.
4. Delivery shall be made to the delivery address specified by the customer. If the delivery address is to be changed subsequently, consent and confirmation of the new delivery address by the contractor in text form shall be required.
5. If a consignment is externally damaged, the customer may only accept it if the damage has been acknowledged by the carrier/forwarder on the delivery bill. If this confirmation is not provided, all claims for damages against the contractor due to the damage shall be excluded.

• § 8 Rights of the customer in case of defects / warranty

1. The customer shall be entitled to the statutory rights in respect of liability for defects, unless otherwise provided for below.
2. If the delivered item/service/goods do not correspond to the quality agreed between the customer and the contractor or if they are not suitable for the use assumed under the contract concluded or for general use or if they do not have the properties to be expected on the basis of public statements made by the contractor, the contractor shall be obliged to provide subsequent performance. Only if the subsequent performance fails twice, the customer may either withdraw from the contract or reduce the purchase price appropriately as well as claim damages under the further conditions of § 9.
3. Warranty rights shall be excluded if the delivered goods deviate only insignificantly from the agreed quality or if they impair the contractual or normal use of the goods only insignificantly.
4. Obvious defects must be reported to us within a period of 2 weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch shall be sufficient to meet the deadline; the burden of proof for this shall be on you. If you are a merchant, the provisions of § 377 HGB shall apply.
5. Claims for defects shall become statute-barred – subject to the provision in the following sentence and in § 8 (8) – one year after delivery of the goods. Claims for damages or reimbursement of expenses on your part due to a defect shall remain unaffected by the above provisions and shall become statute-barred within the statutory limitation periods; the provisions in § 9 shall apply to such claims for damages and reimbursement of expenses.
6. The above limitations of the warranty obligation shall not apply in cases in which we have assumed a guarantee for the quality of the goods or we have fraudulently concealed defects.

• § 9 Liability for damages

1. In the event of a breach of material contractual obligations – i.e. obligations the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which you may regularly rely on – (so-called cardinal obligations), the contractor shall be liable to pay compensation for expenses and damages (hereinafter collectively referred to as “damages” in § 9). Insofar as the breach of the cardinal obligations was only slightly negligent and did not result in injury to life, body or health of the customer, claims for damages shall, however, be limited in amount to the typical foreseeable damage.
2. The contractor shall also be liable to you (i) in accordance with the provisions of the Product Liability Act; (ii) in cases of intent and (iii) gross negligence, (iv) for injury to life, limb or health; (v) if the contractor has assumed a guarantee and (vi) in all other cases of statutory mandatory liability, in each case in accordance with the statutory provisions.
3. In all other respects, claims for damages against the contractor shall be excluded, irrespective of the legal grounds, in particular for breach of obligations arising from the contractual relationship by the contractor, its legal representatives, employees or vicarious agents, from § 311 a BGB (German Civil Code) or from tort.
4. Insofar as the contractor’s liability is limited or excluded in accordance with the above provisions, this shall also apply to the personal liability of the contractor’s legal representatives, employees and vicarious agents.
5. The above provisions do not imply a change in the burden of proof to your disadvantage.
6. Your claims for damages and reimbursement of expenses shall become statute-barred within the statutory limitation periods from the beginning of the statutory period.

• § 10 Retention of title; set-off; right of retention

1. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we shall retain title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
2. You shall be entitled to resell the goods subject to retention of title in the ordinary course of business. You hereby assign to us all claims in the amount of the final invoice amount (including value-added tax) of the claim for remuneration which accrue to you from the resale. You shall remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as you meet your payment obligations from the proceeds collected, are not in default of payment and no application for the opening of insolvency proceedings has been filed or payments have been suspended. However, if this is the case, we may demand that you disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the third parties of the assignment.
3. If the contractor processes the reserved goods, the processing shall be carried out in the name and for the account of the contractor as manufacturer. The contractor shall acquire direct ownership of the new item. If the processing is carried out from materials of several owners, the contractor shall acquire a co-ownership share in the new item in accordance with the value of the reserved goods. If the contractor acquires ownership or a co-ownership share in the new item, the contractor shall transfer its ownership or co-ownership share in the new item to the customer under the condition precedent of full payment. If the reserved goods are combined or mixed with other items of the customer and if the item of the customer is to be regarded as the main item, the customer shall transfer to the contractor a co-ownership share in the main item corresponding to the value of the reserved goods under the condition precedent of full payment. If the customer sells the new item or the item created by combining or mixing, the customer hereby assigns to the contractor the claim to which it is entitled against the purchaser of this item as security for the claim to remuneration. In the event that the contractor has acquired a co-ownership share in this item, the customer shall assign the claim to the seller proportionately in accordance with the value of the co-ownership share.
4. During the existence of the reservation of title, the goods may not be pledged or assigned as security. You are obliged to notify us immediately of any seizure, damage or loss of the goods.
5. You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us or are in a close mutual relationship to our claim, such as in the case of warranty claims. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
6. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

• § 11 Payment

1. Payment shall be made in advance (direct bank transfer) or by credit card (VISA and MASTER card) unless otherwise agreed in writing between the customer and the contractor.
2. In case of payment by credit card, the invoice amount will be collected from the client before the start of production.
3. If the client refuses to accept the goods without justification, the contractor has the right to charge a lump sum for damages of 20.00 € (net). If the customer proves a lower damage, this shall be taken as a basis. The assertion of a claim for damages exceeding this amount shall not be affected by this clause.
4. Invoices are payable immediately upon receipt without deduction, unless there is an agreement in text form about other terms of payment.
5. Sales staff as well as technical staff are not authorized to collect payments in cash. Payments with discharging effect can only be made directly to the contractor or to a bank or postal check account specified by the contractor.
6. The contractor expressly reserves the right to refuse checks or the exchange of currencies other than the euro. Checks and other currencies are always accepted on account of payment only. Discount and bill charges shall be due immediately and shall be borne by the customer.
7. If older debts of the customer exist with the contractor, the contractor shall be entitled to offset payments against the older debts of the customer first, despite provisions to the contrary. The contractor shall inform the customer of the set-off made. Costs and interest already incurred shall entitle the contractor to set off the payment of the customer first against the costs, then against the interest and finally against the main performance.
8. Payment shall be deemed to have been made only when the contractor can dispose of the amount. With regard to checks, a payment shall only be deemed to have been made when the check has been cashed and can no longer be returned.
9. In principle, an appropriate advance payment or the provision of security, e.g. by credit card or guarantee, may be required for all orders.
10. If, after conclusion of the contract, a significant deterioration in the financial circumstances or creditworthiness of the customer becomes known and the fulfillment of the payment claim is thereby endangered, the contractor shall have the right to demand advance payments, to retain the goods and to cease further work. If further deliveries are based on this contractual relationship and the customer is also in default with these, the contractor’s right referred to in this paragraph shall also apply in this case.
11. Claims against the contractor are not assignable.

• § 12 Invoices, Approvals and Changes

1. All invoices issued by the contractor are subject to possible errors. The contractor may issue a new, corrected invoice no later than six weeks after receipt of the invoices by the customer.
2. After the expiry of six weeks from receipt of the invoice by the customer, the invoice shall be deemed to have been accepted by the customer, unless the customer objects to the contractor in writing within this period of six weeks, stating the invoice item objected to. This also includes requested changes of the invoice address or the invoice recipient.
3. The period of six weeks shall not affect the obligation to make payment or the obligation to notify defects within the shorter period specified in these general Terms and Conditions.

• § 13 Patents, Copyrights and Trademarks

By placing the order, the client declares that he is entitled to copy and reproduce the submitted documents. If the rights of third parties (in particular copyrights, trademarks or patents) are infringed by the execution of the order placed by the customer and if the customer is responsible for this, the customer shall be exclusively liable for this vis-à-vis the contractor and shall indemnify the contractor against the claims of the third parties.

• § 14 Industrial property rights and copyrights

1. The contractor reserves the industrial property rights and copyrights for all services rendered by the contractor – in particular for graphic designs, text and image marks, layouts, etc. The contractor shall not be entitled to any further rights to the industrial property rights or other ancillary copyrights of the contractor.
2. With his payment, the client shall only pay for the respective goods ordered, but shall not acquire any further rights to the contractor’s industrial property rights, copyrights or other ancillary copyrights. In particular, the customer shall not be entitled to duplicate or otherwise reproduce the contractor’s performance results. The contractor shall not be obliged to hand over to the client any intermediate products which the contractor has created in order to manufacture the end product required by the client. The parties may make separate agreements in text form deviating from this.

• § 15 Confidentiality

The information and materials provided to the contractor by the customer for the performance of the services under this agreement shall not be deemed confidential and need not be treated as confidential by the contractor, unless the parties agree otherwise in text form in an individual case.

• § 16 Data and Order Documents

1. Within the scope of the business relationship, the contractor shall, if necessary, process personal data (e.g. title, name, address, telephone number, bank details) of the customer or such data of third parties which are transmitted by the customer. For the contractor, such processing is necessary for the performance of a contract or for the implementation of pre-contractual measures and it is only carried out for this purpose. The customer shall vouch for the lawfulness of the transmission and processing for the fulfillment of the order or the request as well as for the fact that – insofar as necessary – corresponding consents of the data subjects have been obtained. In this respect, the customer shall indemnify the contractor in full against any claims by data subjects.
2. Archiving of the order documents provided by the client (such as templates, samples, data or data carriers) beyond the time of handover of the final product to the client shall only be possible upon conclusion of a corresponding separate agreement in text form and only against separate remuneration.
3. Other order documents (e.g. viewing copies, proofs) as well as data on CD/DVD/other data carriers cannot be returned.

• § 17 Final provisions – applicable law, place of jurisdiction and partial invalidity

1. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Stuttgart. We are entitled to sue you alternatively at your general place of jurisdiction.
2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
3. If general terms and conditions or other contractual agreements have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. If the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. The contract shall be invalid if adherence to it would constitute an unreasonable hardship for one of the contracting parties even taking into account the amendment provided for in sentence 2.
4. If the contract or these Terms and Conditions already contain initial regulatory gaps, those legally effective provisions for filling these gaps shall be deemed to have been agreed which the two contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these Terms and Conditions if the regulatory gap had been known.