Terms and conditions

Offers made by CHRISTIANSEN PRINT are non-binding unless a binding effect is expressly confirmed.

Orders placed by the customer only become effective if CHRISTIANSEN PRINT expressly confirms them. Field sales staff of CHRISTIANSEN PRINT are authorised neither to conclude contracts nor to accept payments.

For deliveries, quantity specifications are to be understood as specifications of weight (tonne/kilogram) or of length or area (linear metre/square metre).

CHRISTIANSEN PRINT is entitled to assign all claims arising from the business relationship with the customer to third parties without restriction.

The agreed price, plus the value added tax applicable at the time, is due upon receipt of the goods or in accordance with the individual payment term.

The statutory provisions apply to the customer's default in payment, the default interest and any further damage incurred by CHRISTIANSEN PRINT as a result of the customer's default.

If the customer is in default of payment, CHRISTIANSEN PRINT is

Set-off or the assertion of a right of retention on account of counterclaims is only permissible insofar as such counterclaims have been acknowledged by CHRISTIANSEN PRINT, have been established by final and non-appealable judgment, are ready for decision in court proceedings or are based on the same contractual relationship.

In the event that CHRISTIANSEN PRINT, at the customer's request, keeps the goods produced for the customer in stock in a warehouse on the customer's behalf and the customer is at least aware of this, the customer undertakes to take delivery of and pay for the entire stock at the latest when the contract ends.

Unless expressly agreed otherwise, delivery is made free to the customer's premises/plant. The shipping route and means of shipment are left to the choice of CHRISTIANSEN PRINT.

CHRISTIANSEN PRINT is entitled to make partial deliveries unless this conflicts with a recognisable legitimate interest of the purchaser.

The following deviations/tolerances customary in the industry are deemed to have been agreed:

With every delivery of palletised goods, the customer shall return to CHRISTIANSEN PRINT or its logistics service provider load carriers of the same type and quality as those it received. CHRISTIANSEN PRINT keeps a pallet account for the customer covering the pallets owned by it or by the commissioned service provider. The customer will receive a statement of this pallet account on request.

Delivery periods and dates are non-binding unless they have been expressly assured as binding. If a delivery period or date is non-binding, a reasonable grace period begins to run upon a separate request from the customer. Upon fruitless expiry of this period, CHRISTIANSEN PRINT shall be in default.

In the event that the customer's economic situation deteriorates significantly after conclusion of the contract, or if it becomes apparent to CHRISTIANSEN PRINT after conclusion of the contract that the claim to the customer's performance is jeopardised by the customer's lack of ability to perform, CHRISTIANSEN PRINT is entitled to refuse performance, to switch the agreed payment method for further deliveries under the entire business relationship with the customer to payment in advance and, in deviation from the individually agreed payment term, to declare existing receivables due immediately.

A significant deterioration in the customer's economic situation is to be assumed in particular if and for as long as a trade credit insurer predominantly or completely refuses insurance cover for receivables from the customer.

CHRISTIANSEN PRINT is entitled – without prejudice to its own contractual and statutory obligations – to have the deliveries and services performed by third parties.

CHRISTIANSEN PRINT is only liable for special properties of packaging with regard to its suitability for a specific intended use if it has given a corresponding written assurance. When deploying and implementing the individual products and services of CHRISTIANSEN PRINT, the customer is obliged to check carefully whether use or implementation is to take place and whether any harmful effects on its own production and operating processes may arise.

In addition, public statements, promotional claims or advertising statements by CHRISTIANSEN PRINT do not constitute a contractual description of quality.

The client must in all cases examine the goods, as well as the preliminary and intermediate products sent for correction, for conformity with the contract without undue delay. The risk of any errors passes to the client upon print approval/acceptance of the approval sample, unless the errors concerned only arose, or could only be detected, in the production process following print approval/acceptance of the approval sample. The same applies to all other declarations of approval by the client.

Any declarations of conformity, quality agreements or specifications issued by CHRISTIANSEN PRINT do not constitute guarantees in the legal sense. Guarantees in the legal sense require an express declaration by CHRISTIANSEN PRINT.

For defects in the goods, CHRISTIANSEN PRINT provides warranty, at its own discretion and at its own option, by way of rectification or replacement delivery. In the event of only minor non-conformity with the contract, in particular only minor defects, the customer has no right of withdrawal.

CHRISTIANSEN PRINT accepts no liability for deviations that are customary in the industry and technically unavoidable (trade usages) in the material composition, sizing, smoothness, purity and hardness of the paper layers used, as well as in the gluing and stitching and for the printing.

If technical values, such as paper grammages or ECT values, are determined or specified for the products to be supplied by CHRISTIANSEN PRINT, negative production-related deviations or tolerances of up to 10% and unlimited positive production-related deviations or tolerances relative to the respective specified technical values are deemed permissible.

EAN barcodes are printed in accordance with the state of the art and taking into account the relevant implementing regulation of the CCG.

Further commitments – in particular statements about scanning results at retail checkouts – cannot be given owing to possible negative influences on the barcodes after they have left our plant and owing to the lack of uniform measuring and reading technology.

The warranty period for defects is one year from delivery of the item. This does not apply insofar as the law mandatorily prescribes longer periods; in this regard, cf. § 8 clause 4 sentence 2 of these GTC below.

CHRISTIANSEN PRINT is liable without limitation for damage resulting from injury to life, body and health that is based on a negligent or intentional breach of duty by CHRISTIANSEN PRINT, its legal representatives or its vicarious agents; for damage covered by liability under the Produkthaftungsgesetz (German Product Liability Act); for damage based on intentional or grossly negligent breaches of duty or on a guarantee expressly assumed by CHRISTIANSEN PRINT; and for damage resulting from data protection breaches.

In all other respects, CHRISTIANSEN PRINT is also liable for damage caused by simple negligence, but only insofar as this negligence concerns the breach of contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely (essential contractual obligations, such as delivery of the item free of defects). However, CHRISTIANSEN PRINT is only liable insofar as the damage is typically associated with the contract and foreseeable, and up to a maximum of 5 times the order value of the order concerned.

The above limitations of liability also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents of CHRISTIANSEN PRINT is concerned. Any further liability is excluded, irrespective of the legal nature of the claim asserted. Insofar as the liability of CHRISTIANSEN PRINT is excluded or limited, this also applies to the personal liability of its salaried employees, employees, staff, representatives and other vicarious agents.

Claims for damages become time-barred one calendar year after delivery of the item or performance of the service, irrespective of whether the customer is aware of the cause of the damage and/or the party that caused the damage. The short limitation period does not apply in the event of gross negligence or intent on the part of CHRISTIANSEN PRINT, or in the event of injury to body or health or the death of persons for which CHRISTIANSEN PRINT is responsible, or in other cases in which the law mandatorily prescribes a longer limitation period.

Goods delivered by CHRISTIANSEN PRINT remain the property of CHRISTIANSEN PRINT until the customer has paid in full. In addition, CHRISTIANSEN PRINT retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full. This also applies if individual claims have been included in a running account (current account) and the balance has been acknowledged.

The customer is obliged to insure the goods subject to retention of title properly against damage and theft and to provide CHRISTIANSEN PRINT with proof that insurance has been taken out. The customer hereby assigns its claims under the insurance contract to CHRISTIANSEN PRINT in advance. CHRISTIANSEN PRINT accepts this assignment.

The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer is not permitted to pledge them or transfer them by way of security. The customer hereby assigns to CHRISTIANSEN PRINT, with immediate effect, the claims against its customers arising from the sale of the goods subject to retention of title, together with all ancillary rights. CHRISTIANSEN PRINT accepts this assignment.

The customer is entitled, as trustee for CHRISTIANSEN PRINT, to collect the assigned claims for as long as it meets its payment obligations towards CHRISTIANSEN PRINT and does not suffer a financial collapse.

If the value of the collateral exceeds the claims to be secured by more than 10%, CHRISTIANSEN PRINT shall release the collateral exceeding 110%. The selection of the collateral to be released lies with CHRISTIANSEN PRINT.

In the event of processing or mixing with other items not belonging to CHRISTIANSEN PRINT, CHRISTIANSEN PRINT becomes the owner or co-owner of the new item in the ratio of the value of the goods delivered by CHRISTIANSEN PRINT to the values of the other processed objects.

As soon as the customer is in default of payment and/or suffers a financial collapse, CHRISTIANSEN PRINT is entitled, without setting any further deadline and to the exclusion of any right of retention that may exist, to demand the immediate, provisional surrender of all goods subject to the retention of title of CHRISTIANSEN PRINT.

The customer is obliged to notify CHRISTIANSEN PRINT without undue delay of any third-party access to the goods subject to retention of title and of any other damage to the goods, specifying the documents necessary for an intervention.

Printing plates, sleeves and associated drawings (hereinafter: printing plates) remain the sole property of CHRISTIANSEN PRINT even if their production or procurement is invoiced to the customer in part or in full. CHRISTIANSEN PRINT is entitled to destroy these tools six months after the last execution of an order in which the tools are used, without CHRISTIANSEN PRINT having to pay any financial compensation to the customer. Until that time, the customer may demand the surrender of the printing plates at its own expense.

CHRISTIANSEN PRINT reserves ownership of and all intellectual property rights to forms, samples, illustrations, printing plates, drawings and other technical documents provided by CHRISTIANSEN PRINT. The customer may only use them in the agreed manner.

If CHRISTIANSEN PRINT delivers on the basis of specifications or documents provided by the customer, the customer warrants that no third-party rights are infringed in connection with its delivery or information. The customer releases CHRISTIANSEN PRINT from examining the legal situation.

If, in this case, a third party asserts claims against CHRISTIANSEN PRINT on account of an infringement of intellectual property rights, the customer is obliged to indemnify CHRISTIANSEN PRINT, upon first written request, against these claims and all necessary expenses associated with them.

The place of performance and exclusive place of jurisdiction for deliveries and payments and for all disputes arising is, at the option of CHRISTIANSEN PRINT, the head office or the branch location of CHRISTIANSEN PRINT. CHRISTIANSEN PRINT is also entitled to bring an action at the customer's registered office.

The law of the Federal Republic of Germany, as amended from time to time, applies exclusively, with the exception of the conflict-of-law rules of private international law. The provisions of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG) and other international provisions of the law on sales contracts or contracts for work likewise do not apply.

CHRISTIANSEN PRINT is the controller under data protection law for the processing of the customer's personal data for the purpose of performing the contract pursuant to Art. 6(1)(b) GDPR. Customers' personal data are processed exclusively for the performance and handling of the contract. Personal data are not passed on to third parties for purposes other than the performance of the contract without the customer's consent. The data are deleted as soon as they are no longer required for the purpose of their processing, unless CHRISTIANSEN PRINT is obliged to store them for longer pursuant to Art. 6(1)(c) GDPR due to retention and documentation obligations under tax and commercial law, or the customer has consented to storage beyond this pursuant to Art. 6(1)(a) GDPR. In relation to CHRISTIANSEN PRINT, the applicable data protection law grants the customer the following data subject rights with regard to the processing of personal data:

• right of access pursuant to Art. 15 GDPR,
• right to rectification pursuant to Art. 16 GDPR,
• right to erasure pursuant to Art. 17 GDPR,
• right to restriction of processing pursuant to Art. 18 GDPR,
• right to notification pursuant to Art. 19 GDPR,
• right to data portability pursuant to Art. 20 GDPR,
• right to withdraw any consent given, pursuant to Art. 7(3) GDPR, and
• right to lodge a complaint with the supervisory authority pursuant to Art. 77 GDPR

Further information can be found at www.christiansenprint.de/datenschutz/

Insofar as these GTC provide for written form, the written form requirement is also met by observing text form (e.g. email or fax).

Upon request, these GTC will be sent to the customer by email.