We bring materials to life.

Name

Silfox MB GmbH

Address

Mergenthalerstrasse 38

48268 Greven

Telephone

+49 (0)2571 9588500

Responsible for the content

Clemens van Strien

VAT ID

DE815584888

Register

Amstgericht Köln, HRB 85474

Authorised representative

Clemens van Strien

Production site

Silfox Slovakia s.r.o.

Hlohovecká 1048

8 951 41 Lužianky

SLOVAKEI

T: +421911963505

info@silfox.sk

Real World Textures s.r.o.

Stefanikova 612/38c

612 00 Brno

CZECH REPUBLIC

T: +420 603 488 039

info@reawote.com

www.reawote.com

www.realworldtextures.com

Staalboek s.r.o.

Plandry E3

588 41 Vyskytná nad Jihlavou

CZECH REPUBLIC

T: +420 567322029

info@staalboek.cz

www.staalboek.cz

Data Protection at a Glance

General Information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice regarding the responsible party" in this privacy policy.

How do we collect your data?

Your data is collected in part by you providing it to us. This may include, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent when you visit the website by our IT systems. This mainly includes technical data (e.g. internet browser, operating system, or time of page access). The collection of this data occurs automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure the error-free provision of the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right to obtain, free of charge, information about the origin, recipients, and purpose of your stored personal data at any time. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can withdraw this consent at any time for the future. Furthermore, you have the right to request the restriction of the processing of your personal data under certain circumstances. Additionally, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time regarding this and any further questions on the topic of data protection.

Analysis tools and third-party tools

When visiting this website, your browsing behaviour may be statistically evaluated. This is primarily done using so-called analysis programmes.

Detailed information about these analysis programmes can be found in the following privacy policy.

Hosting and Content Delivery Networks

Hosting

This website is hosted externally. The personal data collected on this website is stored on the host's servers. This may primarily include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses, and other data generated through a website.

The external hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of providing our online services securely, quickly, and efficiently through a professional provider (Art. 6 para. 1 lit. f GDPR). If corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDG, insofar as the consent includes the storage of cookies or access to information on the user's device (e.g. device fingerprinting) within the meaning of the TDDG. Consent can be revoked at any time.

Our host will only process your data to the extent necessary to fulfil its performance obligations and will follow our instructions regarding this data.

We are using the following host:

RegioHelden GmbH

Rotebühlstraße 50

70178 Stuttgart

Conclusion of a contract for data processing

We have entered into a data processing agreement (DPA) for the use of the aforementioned service. This is a contract required by data protection law, which ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

General Information and Mandatory Information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.

If you use this website, various personal data will be collected. Personal data is information that can be used to identify you personally. This privacy policy explains what data we collect and how we use it. It also explains how and for what purpose this occurs.

We would like to point out that data transmission over the Internet (e.g. when communicating via email) may have security gaps. It is not possible to provide complete protection of data against access by third parties.

Notice regarding the responsible party

The entity responsible for data processing on this website is:

Markus Vennemann

Mergenthalerstrasse 38

48268 Greven

Telefon: +4925719588500

E-Mail: info@silfox.de

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage duration

Unless a more specific retention period is stated within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted, provided we do not have any other legally permissible reasons for retaining your personal data (e.g. tax or commercial law retention periods); in the latter case, deletion will occur after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, provided that special categories of data are processed under Article 9(1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Article 49(1)(a) GDPR. If you have consented to the storage of cookies or to access information on your device (e.g. via device fingerprinting), data processing is additionally carried out on the basis of Section 25(1) TDDDG. Consent can be revoked at any time. If your data is necessary for the fulfilment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Article 6(1)(b) GDPR. Furthermore, we process your data if it is necessary for the fulfilment of a legal obligation on the basis of Article 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interests under Article 6(1)(f) GDPR. The relevant legal bases applicable in each individual case are provided in the following paragraphs of this privacy policy.

Note on data transfer to third countries that are not legally secure in terms of data protection, as well as the transfer to US companies that are not DPF certified

We use tools from companies based in third countries that are not considered safe under data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred to and processed in these countries. We would like to point out that in data protection unsafe third countries, no level of data protection comparable to that of the EU can be guaranteed.

We would like to point out that the USA, as a safe third country, generally provides a level of data protection comparable to that of the EU. A data transfer to the USA is therefore permissible if the recipient has a certification under the "EU-US Data Privacy Framework" (DPF) or has suitable additional guarantees. Information on transfers to third countries, including the data recipients, can be found in this privacy policy.

Recipients of personal data

As part of our business activities, we collaborate with various external parties. In some cases, the transfer of personal data to these external parties is necessary. We only share personal data with external parties when it is required for the fulfilment of a contract, when we are legally obliged to do so (e.g. sharing data with tax authorities), when we have a legitimate interest in the transfer under Article 6(1)(f) of the GDPR, or when another legal basis permits the data transfer. When using processors, we only share our customers' personal data based on a valid contract for data processing. In the case of joint processing, a contract for joint processing is established.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your explicit consent. You can withdraw your consent at any time. The lawfulness of the data processing carried out before the withdrawal remains unaffected by the withdrawal.

Right to object to data collection in specific cases as well as to direct marketing (Art. 21 GDPR)

If the data processing is based on Article 6(1)(e) or (f) of the GDPR, you have the right to object at any time to the processing of your personal data on grounds relating to your particular situation; this also applies to profiling based on these provisions. The specific legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defence of legal claims (objection under Article 21(1) of the GDPR).

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling, insofar as it is related to such direct marketing. If you object, your personal data will no longer be used for the purpose of direct marketing (objection under Article 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, affected individuals have the right to lodge a complaint with a supervisory authority, particularly in the member state of their habitual residence, their place of work, or the location of the alleged infringement. The right to complain exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to request that data we process automatically based on your consent or in fulfilment of a contract be provided to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

Information, Deletion and Correction

You have the right, under the applicable legal provisions, to request free information at any time about your stored personal data, its origin and recipients, and the purpose of the data processing, as well as, if applicable, the right to rectification or deletion of this data. You can contact us at any time regarding this and any further questions about personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time regarding this. The right to restrict processing exists in the following cases:

If you dispute the accuracy of your personal data stored with us, we generally require time to verify this. During the verification period, you have the right to request the restriction of the processing of your personal data.

If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of deletion.

If we no longer require your personal data, but you need it for the exercise, defence, or assertion of legal claims, you have the right to request the restriction of processing your personal data instead of deletion.

If you have lodged an objection under Article 21(1) of the GDPR, a balancing of interests between yours and ours must be carried out. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data – apart from their storage – may only be processed with your consent or for the establishment, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or for reasons of significant public interest of the European Union or a Member State.

SSL or TLS encryption

This page uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address bar of the browser changes from "http://" to "https://" and by the padlock symbol in your browser bar.

If SSL or TLS encryption is enabled, the data you transmit to us cannot be read by third parties.

Objection to advertising emails

The use of contact details published in accordance with the legal obligation to provide an imprint for the purpose of sending unsolicited advertising and informational materials is hereby objected to. The operators of the sites expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as through spam emails.

Data collection on this website

Cookies

Our websites use so-called "cookies". Cookies are small data packets and do not cause any harm to your device. They are either temporarily stored for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit ends. Permanent cookies remain stored on your device until you delete them yourself or an automatic deletion occurs through your web browser.

Cookies can originate from us (first-party cookies) or from third parties (so-called third-party cookies). Third-party cookies enable the integration of certain services from third parties within websites (e.g. cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies may be used for analysing user behaviour or for advertising purposes.

Cookies that are necessary for the execution of the electronic communication process, for providing certain functions you desire (e.g. for the shopping cart function), or for optimising the website (e.g. cookies for measuring web audience) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of their services. If consent for the storage of cookies and comparable recognition technologies has been requested, processing will occur solely on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDG); consent can be revoked at any time.

You can configure your browser to be informed about the setting of cookies and allow cookies only on a case-by-case basis, exclude the acceptance of cookies for specific cases or generally, as well as enable the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in this privacy policy.

Server log files

The provider of the sites automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version

operating system used

Referrer URL

Hostname of the accessing computer

Time of the server request

IP address

The merging of this data with other data sources will not be carried out.

The collection of this data is based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of their website – for this purpose, server log files must be collected.

Inquiry by email, telephone or fax

If you contact us by email, telephone or fax, your request, including all personal data arising from it (name, request), will be stored and processed by us for the purpose of handling your concern. We do not share this data without your consent.

The processing of this data is based on Article 6(1)(b) of the GDPR, insofar as your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the requests addressed to us (Article 6(1)(f) of the GDPR) or on your consent (Article 6(1)(a) of the GDPR) if this has been requested; consent can be withdrawn at any time.

The data you have sent to us via contact requests will remain with us until you request its deletion, revoke your consent to storage, or the purpose for data storage ceases to exist (e.g. after the completion of processing your request). Mandatory legal provisions – in particular statutory retention periods – remain unaffected.

Plugins and Tools

Google Maps

This page uses the mapping service Google Maps. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence over this data transmission. When Google Maps is activated, Google may use Google Fonts for the purpose of uniform font representation. When you access Google Maps, your browser loads the necessary web fonts into its browser cache to display texts and fonts correctly.

The use of Google Maps is in the interest of providing an appealing presentation of our online offerings and ensuring easy findability of the locations specified by us on the website. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR. If corresponding consent has been requested, processing will take place solely on the basis of Article 6(1)(a) of the GDPR and Section 25(1) of the TDDG, insofar as the consent includes the storage of cookies or access to information on the user's device (e.g. device fingerprinting) within the meaning of the TDDG. Consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. You can find details here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on how to handle user data, please see Google's privacy policy: https://policies.google.com/privacy?hl=de.

The company holds a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA, designed to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF commits to adhering to these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active

eCommerce and payment providers

Processing of customer and contract data

We collect, process, and use personal customer and contract data for the establishment, content design, and modification of our contractual relationships. We only collect, process, and use personal data regarding the use of this website (usage data) to the extent necessary to enable the user to utilise the service or to bill for it. The legal basis for this is Article 6(1)(b) of the GDPR.

The collected customer data will be deleted after the completion of the order or the termination of the business relationship and the expiry of any applicable statutory retention periods. Statutory retention periods remain unaffected.

I. Scope

(1) The following General Terms and Conditions of Delivery and Payment of Silfox MB GmbH, Greven (hereinafter referred to as "Supplier") apply exclusively to entrepreneurs, legal entities under public law, and special public assets.

(2) All deliveries, services, offers, and order confirmations from the supplier are made exclusively on the basis of these General Terms and Conditions of Delivery. These are components of all contracts that the supplier enters into with its contractual partners (hereinafter also referred to as "client"). They also apply to all future deliveries, services, offers, or order confirmations to the client, even if they are not agreed upon separately again.

(3) The terms and conditions of the client or third parties do not apply, even if the supplier does not separately object to their validity in individual cases. Even if the supplier refers to a letter that contains or refers to the terms and conditions of the client or a third party, this does not constitute an agreement to the validity of those terms and conditions.

II. Offer and Conclusion of Contract

(1) All offers from the supplier are non-binding and subject to change, unless they are expressly marked as binding or contain a specific acceptance period. If an order from the client qualifies as an offer, the contract, including these General Delivery and Payment Terms, is concluded by the written order confirmation from the supplier. If the order confirmation deviates from the order, this shall be considered a binding offer from the supplier.

(2) The only decisive factor for the legal relationships between the supplier and the client is the written purchase agreement, including these General Delivery and Payment Terms. This fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Oral commitments made by the supplier prior to the conclusion of this contract are legally non-binding, and oral agreements between the contracting parties are replaced by the written contract, unless it is expressly stated that they remain binding.

(3) Information provided by the supplier regarding the subject of the delivery or service (e.g. weights, dimensions, usability values, load capacities, tolerances, and technical data) as well as representations thereof (e.g. drawings and illustrations) are only approximately binding, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed quality features, but rather descriptions or labels of the delivery or service. Usual commercial deviations and deviations that occur due to legal regulations or represent technical improvements are permissible, provided they do not impair usability for the contractually intended purpose.

(4) The supplier reserves ownership or copyright of all offers and cost estimates provided by him, as well as drawings, illustrations, calculations, brochures, catalogues, models, tools, and other documents and aids made available to the client. The client may not make these items accessible to third parties, disclose them, use them himself or through third parties, or reproduce them without the express consent of the supplier, either as such or in content. Upon the supplier's request, he must return these items completely to the supplier and destroy any copies made, if they were made by him in the proper manner.

III. Prices and Payment

(1) The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. The prices are quoted in EURO ex works, plus packaging, the statutory value-added tax, freight, customs for export deliveries, as well as fees and other public charges.

(2) The supplier reserves the right to adjust its prices accordingly if, after the expiry of two months following the conclusion of the contract, there are cost reductions or cost increases, particularly due to tariff agreements or changes in material prices. The supplier will provide evidence of this to the client upon request.

(3) Unless otherwise agreed, the purchase price is payable immediately upon receipt of the invoice. The invoice will be issued on the day of delivery, partial delivery, or provision. Cheques and bills of exchange, the acceptance of which is reserved by the supplier, are only considered payment once they have been honoured. Any interest and expenses shall be borne by the client. If the client falls into arrears, the supplier is entitled to assert the legal rights arising therefrom.

(4) The buyer is only entitled to set-off rights if his counterclaims have been legally established, undisputed, or acknowledged by the supplier. Furthermore, he is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

(5) The supplier is entitled to carry out any outstanding deliveries or services only against advance payment or security if, after the conclusion of the contract, circumstances become known to him that are likely to significantly reduce the creditworthiness of the client and which jeopardise the payment of the supplier's outstanding claims by the client arising from the respective contractual relationship (including from other individual orders to which the same framework contract applies).

(6) The prices and delivery dates stated in the offers apply to the order data on which the offer submission is based. In the event of subsequent changes to the services at the request of the client, the supplier will make an adjustment to the price and delivery date.

IV. Sample material / provided materials / data exchange

(1) Sample material must be complete and delivered on time, clearly labelled with the quantity, with a reasonable processing surcharge, free at the supplier's works and free from third-party rights. If this requirement is not met, the delivery time will be extended accordingly. Except in cases of force majeure, the client shall bear the additional costs arising from production interruptions for which they are responsible as well as

Semi-finished products. With the handover of the sample material – even from other suppliers – the client acknowledges its processability. The supplier is not liable for defects in the material supplied by the client and their consequences. There will be no subsequent inspection of the quality and quantity of the sample material. The measurements determined during the pre-cutting in the supplier's premises are binding for the delivered quantities.

(2) The client is obliged to inform the supplier about the type, nature, and quality of the materials to be processed before the contract is concluded. The same applies if the material shows shrinkage, increase, discolouration, etc. Should

If product innovations (equipment, new materials, new material compositions) are processed or manufactured by the supplier with altered material behaviour, the client must point out this fact during the bidding phase. If this is not done, the supplier will adjust the prices accordingly. Claims for defects are excluded in these cases, provided that the altered material behaviour cannot be detected in the manufacturing process.

(3) If the supplier is unable to complete the order due to the absence of materials that the client is to provide, the supplier is entitled to invoice for all work already carried out in accordance with the order confirmation. (4) Materials, designs, films, slides, lithographs, and all other documents to be provided by the client are transported and stored at the supplier's premises at the client's risk. The supplier guarantees proper and appropriate storage of the client's materials. The client's materials are also not insured while in the supplier's possession. The same applies to damages and losses incurred by delivered materials at the supplier's subcontractors.

(5) Data supplied or transmitted by the client or by a third party engaged by them are not subject to any obligation of examination on the part of the supplier. The responsibility for data backup lies solely with the client. The client assures that there is neither technical nor copyright protection and indemnifies the supplier from all liability risks.

V. Delivery and Delivery Time

(1) Unless expressly agreed otherwise, deliveries shall be made ex works. (2) Any deadlines and dates for deliveries and services indicated by the supplier are always approximate, unless a fixed deadline or date has been expressly promised or agreed. If dispatch has been agreed, delivery deadlines and delivery dates refer to the time of handover to the carrier, freight forwarder, or any other third party commissioned with the transport.

(3) Delivery deadlines commence upon receipt of the last material and all other necessary documents, approvals, and the agreed deposits required for the fulfilment of the order. In the event of late material delivery by the client, the supplier is no longer bound by the specified delivery deadlines.

(4) During the examination of colour samples, proofs, final samples, clichés, embossing stamps, standing sheets, etc. by the client, the delivery time is interrupted until approval is granted.

(5) The supplier may – without prejudice to its rights arising from the default of the client – request an extension of delivery and performance deadlines or a postponement of delivery and performance dates for the period during which the client fails to meet its contractual obligations to the supplier. (6) The supplier is not liable for impossibilities of delivery or for delivery delays, insofar as these are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure to deliver, incorrect or untimely delivery by suppliers for which the supplier is not responsible. If such events significantly hinder or make delivery or performance impossible and the hindrance is not merely temporary, the supplier is entitled to withdraw from the contract. In the case of temporary hindrances, the delivery or performance deadlines are extended or the delivery and performance dates are postponed by the duration of the hindrance plus a reasonable start-up period. If, as a result of the delay, the acceptance of the delivery or performance is unreasonable for the client, they may withdraw from the contract by immediate written declaration to the supplier.

(7) The supplier is entitled to partial deliveries and partial performance at any time, provided that this is reasonable for the client.

(8) If the supplier is in default with a delivery or service, or if a delivery or service becomes impossible for any reason, the supplier's liability for damages is limited in accordance with Clause VIII of these General Terms and Conditions of Delivery.

VI. Place of performance, shipping, packaging, transfer of risk

(1) The place of performance for all obligations arising from the contractual relationship is the registered office of the supplier, unless otherwise specified.

(2) The method of dispatch and the packaging are subject to the supplier's proper discretion.

(3) The risk passes to the client at the latest upon the handover of the delivery item (where the start of the loading process is decisive) to the freight forwarder, carrier, or any other third party designated for the execution of the shipment. This also applies if partial deliveries are made or if the supplier has taken on other services (e.g. shipping). If the shipment or handover is delayed due to a circumstance for which the client is responsible, the risk passes to the client from the day on which the delivery item is ready for dispatch and the supplier notifies the client of this.

(4) The shipment will only be insured by the supplier at the express request of the client and at their expense against theft, breakage, transport, fire and water damage, or other insurable risks.

VII. Warranty

(1) The limitation period for claims for defects is one year from handover. The period according to the preceding sentence 1 does not apply in cases of culpable violation of essential contractual obligations (obligations whose fulfilment enables the proper execution of the contract and on whose compliance the client regularly relies and may rely), gross negligence, intent, violation of life, body, health, in cases of fraudulent concealment, as well as in cases of recourse by the client based on the provisions regarding the sale of consumer goods; in these cases, the statutory limitation periods apply.

(2) The delivered items must be carefully examined immediately after delivery to the client or to a third party designated by them. They are deemed approved if the supplier does not receive a written notice of defects regarding obvious defects or other defects that were identifiable upon immediate, careful examination within seven working days after the delivery of the goods, or otherwise within seven working days after the discovery of the defect or any earlier point at which the defect was identifiable to the client during normal use of the goods without further examination.

(3) In the case of coloured reproductions in all printing processes, minor deviations from originals cannot be objected to. The same applies to the comparison between proofs and production prints. The supplier is only liable for lightfastness, variability or deviation of colours, as well as for the quality of coating, varnishing, cellophaning, etc., to the extent that defects in the materials were identifiable before their processing.

(4) In the case of material defects in the delivered items, the supplier is initially obliged and entitled, at their discretion within a reasonable period, to remedy the defect or provide a replacement. In the event of failure, i.e. impossibility, unreasonable burden, refusal, or unreasonable delay in remedying the defect or providing a replacement, the client may, without prejudice to any

Claims for damages may withdraw from the contract in accordance with the following clause VIII or reduce the purchase price appropriately.

(5) The warranty is void if the client changes the delivery item or has it changed by third parties without the supplier's consent, and this makes the rectification of defects impossible or unreasonably difficult. In any case, the client shall bear the additional costs of rectifying defects arising from the change.

(6) A delivery of used items agreed upon in individual cases with the client is made excluding any warranty for material defects.

(7) The supplier is always striving to deliver the full agreed quantity. However, over- or under-deliveries of up to 10% do not entitle the buyer to raise any objections. The delivered quantity will be invoiced.

VIII. Liability for Damages due to Fault

(1) The supplier's liability for damages, regardless of the legal basis, particularly due to impossibility, delay, defective or incorrect delivery, breach of contract, violation of duties during contract negotiations, and tortious acts is, insofar as fault is relevant in each case, limited in accordance with the provisions of this clause VIII.

(2) The supplier is not liable in the case of simple negligence by its organs, legal representatives, employees or other vicarious agents, unless it involves a breach of essential contractual obligations (see also Clause VII. 1).

(3) Insofar as the supplier is liable for damages in principle according to Clause VIII (2), this liability is limited to damages that the supplier foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract, or that he should have foreseen with the application of customary care. Indirect damages and consequential damages resulting from defects in the delivery item are also only compensable to the extent that such damages are typically to be expected with proper use of the delivery item.

(4) The above exclusions and limitations of liability apply equally in favour of the organs, legal representatives, employees, and other agents of the supplier.

(5) Insofar as the supplier provides technical information or acts in a consulting capacity, and such information or advice does not fall within the scope of services owed by him under the contract, this is done free of charge and excludes any liability.

(6) The limitations of this clause VIII do not apply to the liability of the supplier for grossly negligent or intentional conduct, for guaranteed quality characteristics, for violations of life, body or health, or under the Product Liability Act.

IX. Retention of Title, Ownership Rights

(1) The ownership retention agreed upon below serves to secure all current and future claims of the supplier against the client arising from the business relationship existing between the contracting parties (including balance claims from a current account relationship limited to this business relationship).

(2) The goods delivered by the supplier to the client remain the property of the supplier until full payment of all secured claims has been made. The goods, as well as any goods that replace them in accordance with the following provisions and are covered by the retention of title, shall hereinafter be referred to as reserved goods.

(3) Stereos, embossing plates, punches, and the like remain the property of the supplier.

(4) The client stores the reserved goods free of charge for the supplier. (5) The client is obliged to handle the reserved goods with care; in particular, he is obliged to insure them at his own expense against fire, water, and.

(6) The client is entitled to process and sell the reserved goods in the ordinary course of business until the occurrence of the realisation event (Clause IX (11)). Pledges and security transfers are not permitted.

(7) If the reserved goods are processed by the client, it is agreed that the processing is carried out in the name and for the account of the supplier as the manufacturer, and the supplier acquires immediate ownership or – if the processing involves materials from several owners or the value of the processed item is higher than the value of the reserved goods – co-ownership (fractional ownership) of the newly created item in proportion to the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership occurs for the supplier, the client hereby transfers their future ownership or – in the aforementioned proportion – co-ownership of the newly created item as security to the supplier. If the reserved goods are combined with other items to form a single item or are inseparably mixed, and one of the other items is to be regarded as the principal item, the supplier, to the extent that the principal item belongs to them, transfers to the client a proportionate share of the co-ownership of the single item in the ratio mentioned in sentence 1.

(8) In the event of the resale of the reserved goods, the client hereby assigns the resulting claim against the purchaser to the supplier as a precautionary measure – in the case of co-ownership of the supplier in the reserved goods, proportionately according to the share of co-ownership. The same applies to other claims that replace the reserved goods or arise in relation to the reserved goods, such as insurance claims or claims arising from unlawful acts in the event of loss and destruction. The supplier authorises the client, revocably, to collect the claims assigned to the supplier in their own name. The supplier may only revoke this collection authorisation in the event of realisation.

(9) If third parties access the reserved goods, particularly through seizure, the client shall immediately inform them of the supplier's ownership and notify the supplier in order to enable the enforcement of their property rights. If the third party is unable to reimburse the supplier for the legal or extrajudicial costs incurred in this context, the client shall be liable to the supplier for these costs.

(10) At the request of the client, the supplier is obliged to release securities at the supplier's discretion if their realisable value exceeds 10% of the claims to be secured by the supplier.

(11) If the supplier withdraws from the contract due to a breach of contract by the client – particularly in the case of payment default – (realisation case), he is entitled to demand the return of the reserved goods.

X. Copyright

The client is solely responsible for the examination of the rights to reproduce all print and colour tone templates.

XI. Use of References

The supplier has the right to use the contractual services and deliveries and their designs for the client, mentioning the client's name as a reference for self-promotion. This also applies to self-promotion on the internet, particularly on the supplier's homepage.

XII. Jurisdiction, Applicable Law, Severability Clause

(1) The place of jurisdiction for any disputes arising from the business relationship between the supplier and the client, provided that the client is a merchant, a legal entity under public law, or a public law special fund, shall be at the discretion of the supplier either the location of the supplier or the business premises of the client. For claims against the supplier, in these cases, the business premises of the supplier shall be the exclusive place of jurisdiction. Mandatory legal provisions regarding exclusive places of jurisdiction shall remain unaffected by this regulation.

(2) The relationships between the supplier and the client are exclusively governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.

(3) Should individual provisions of these General Terms and Conditions of Delivery and Payment be invalid or ineffective, this shall not affect the validity of the remaining provisions.

As of 01.01.2025