General Terms and Conditions (GTCs)

DEFENCE-Technology

Nobelstraße 21 | D-72108 Rottenburg-Ergenzingen
Email: mail@defence-technology.de | http://www.defence-technology. de

management: Frau Irina Herzog

§ 1 General / Scope of the Terms

The following General Terms and Conditions (GTC) apply to all business relationships with DEFENCE-Technology, hereinafter referred to as the 'Contractor,' and in particular to business relationships concluded via the DEFENCE-Technology website. All orders are executed subject to the following terms and conditions. Deviating provisions must be made in writing. Orders placed by telephone, in person, by mail or email, as well as direct orders via one of the DEFENCE-Technology websites constitute an order placement in accordance with Section 145 of the German Civil Code (BGB). These GTC apply whether the customer has its billing address within and outside the scope of the Federal Republic of Germany.

§ 2 Services and Prices

The Contractor's offers are subject to change without notice. Prices stated on the DEFENCE-Technology online platforms do not constitute an offer but merely non-binding price information. Errors in the prices cannot be ruled out. The Contractor reserves the right not to process, reject, or, if necessary, report orders and contracts that violate the Constitution of the Federal Republic of Germany, violate ethical principles, or otherwise constitute a criminal offense. The Contractor's prices are in euros and do not include VAT. VAT will be invoiced at the applicable rate in accordance with the applicable tax regulations. Prices do not include freight, postage, packaging, insurance, and other shipping costs. Any additional costs incurred for these can be found in the price list or requested upon request. Additional work or services commissioned by the Client or that have become necessary for the execution or completion of the commissioned work will be charged at an hourly rate of €150. The contractor reserves the right to cancel orders for which important data, information, or approvals are not available within two calendar weeks of the order being placed. The payment methods and deadlines specified to the client generally apply.

§ 3 Payment and Default of Payment

Delivery shall be made either against cash on delivery or advance payment. Upon agreement, the Contractor shall allow Clients to pay by direct debit or invoice. In the event of default, the Contractor shall be entitled to demand default interest of 5% above the applicable base interest rate as damages for late payment. The Contractor's right to assert claims for higher damages remains unaffected. The Client shall be entitled to provide evidence that the Contractor has suffered no or lesser damages. The Client may only offset claims against the Contractor's claims with undisputed or legally established claims. In commercial transactions, the Client's right of retention and right to refuse performance are excluded, with the exception of undisputed or legally established counterclaims. In the event of non-acceptance of the delivery, the resulting costs will be charged. If the fulfilment of the payment claim is jeopardised due to a deterioration in the financial circumstances of the Client that occurred or became known after the conclusion of the contract, the Contractor may demand advance payment and immediate payment of all outstanding invoices, including those not yet due, retain goods not yet delivered and cease further work on orders still in progress. The contractor is also entitled to these rights if the client fails to make payment despite a reminder justifying default. If the client's order entails exceptionally high material, development, and/or labor costs, the contractor is entitled to demand advance payment. Deliveries to private individuals or customers with delivery addresses outside the Federal Republic of Germany are made exclusively on a prepayment basis, unless other payment methods have been agreed upon. Invoicing will occur after delivery of the goods. If the goods are picked up by the customer or their transport is organized by the customer, invoicing will occur after notification of their readiness for dispatch.

§ 4 Retention of Title

The delivered goods remain the property of the Contractor until all claims against the Client have been settled, even if the individual goods or services have been paid for or the goods processed by the Contractor have been provided by the Client. The Client is only entitled to resell or further process the goods, in particular with regard to the Contractor's services, in the ordinary course of business. Within the scope of the retention of title, the Client hereby assigns its claims from the resale to the Contractor. The Client hereby accepts the assignment.

§ 5 Delivery

The Contractor shall ship the goods for the Client with due care, but shall only be liable for intent and gross negligence. The goods are insured in accordance with the respective forwarding conditions of the transport company. Additional insurance will only be taken out upon the Client's express written request and shall be at the Client's expense. Subject to smooth business operations, the Client can expect to receive the ordered goods within the delivery periods specified on our website. However, the Contractor assumes no liability for compliance with these delivery dates unless a delivery date was expressly guaranteed in the order confirmation. Delivery times stated on the DEFENCE-Technology website or in offers are guidelines and not binding commitments. The Contractor's liability for compensation is limited to the amount of the order value. If the promised delivery date falls on a public holiday, the delivery date shall be postponed to the next business day (excluding Saturdays). Operational disruptions in the Contractor's business, including those of a supplier of the Contractor, in particular strikes, lockouts, riots or war and all other cases of force majeure, as well as disruptions in the data lines, machine or personnel failures, do not entitle the Contractor to terminate the contract. The contractor reserves the right to ship goods produced earlier than the specified delivery date by standard delivery, despite express orders. In this case, the complete order is generally guaranteed to be delivered by the specified date.

§ 6 Warranty

The client must always check the contractual conformity of the delivered data, goods, and other services, as well as any preliminary and intermediate products sent in advance. The risk of any errors shall pass to the client upon provision of the relevant data or components, unless these errors only arose or could have been detected during the subsequent production process. Deviations in the design, functionality, and performance of the product or service can only be claimed if the client has ordered or received a preliminary sample as a reference. If no prior specification was requested or ordered prior to final production, the contractor assumes no liability for the design, functionality, and performance of the final product. Furthermore, for specific, customized services and products commissioned by the client, the client must provide clear specifications in the form of detailed specifications. The files provided to the contractor by the client are also relevant for complaints regarding printed products. Complaints must be submitted in writing within one week of receipt of the goods. Otherwise, the customer is barred from asserting a warranty claim. A notice of defects must be submitted in writing and include precise details of the type of defect, the number of items affected, and the delivery dates. The defective items must be made available to the customer within one week of receiving a written complaint. Hidden defects that cannot be found after immediate inspection must be reported within six months of the goods leaving the delivery plant. Complaints are not justified if the cause of the complaint is technical or process-related and the customer has been informed of this in advance, either verbally or in writing. No liability is accepted for defects that arise due to the quality and type of materials provided by the customer or information passed on! In the case of justified complaints, the contractor is obliged to rectify the defect or has the right to do so, at its discretion and to the exclusion of other claims, unless a guaranteed quality is missing or the contractor is guilty of willful intent or gross negligence. The same applies in the case of a justified complaint regarding rectification or replacement delivery. In the event of delayed, omitted, or unsuccessful repair or replacement delivery, the customer may demand a reduction in the price (reduction) or cancellation of the contract (rescission). Rescission is excluded if the defect only insignificantly reduces the value or suitability of the delivered goods. Liability for consequential damages caused by defects is excluded unless the client or its vicarious agents are guilty of willful intent or gross negligence. If part of the delivered goods is defective, this does not entitle the client to reject the entire delivery, unless the partial delivery is demonstrably of no interest to the client. Minor color deviations from the original cannot be objected to in color reproductions using any printing process. This also applies to the comparison between any proof produced and the final print run. The contractor is liable for deviations in the quality of the material used up to the amount of its own claims against the respective supplier. In this case, the contractor is released from liability if it assigns its claims against the suppliers to the client. To the extent that the claims against the supplier do not exist due to the contractor's fault or such claims are unenforceable, the contractor is liable as a guarantor.

§ 7 Limitation of Liability

The Contractor shall only be liable for damages caused by the Contractor or one of its vicarious agents through gross negligence or intent. In the event of a justified complaint and unsuccessful rectification, the Contractor's liability shall only be limited to the value of the contract in question. The Contractor shall not be liable for any consequential damages incurred by the Client against third parties as a result of this.

§ 8 Archiving

Templates, raw materials, data storage media, and other items intended for reuse, as well as semi-finished and finished products, will only be stored by the Contractor beyond the delivery date after prior agreement and for a separate fee. The Contractor shall only be liable for intent and gross negligence. If the aforementioned items or data are to be insured, the Client shall be responsible for this in the absence of an agreement.

§ 9 Ownership / Commercial Custom

Unless otherwise agreed, the intermediate products used by the Contractor to manufacture the contractual product, e.g., data, films, lithographs, and printing plates, remain the property of the Contractor, even if they are invoiced separately. There is no obligation to surrender them, and they will therefore not be delivered.

§ 10 Copyright

If the Client or a third party engaged by the Client uses any kind of provided material, the Client is liable to the Contractor for ensuring that it holds all rights to use, disclose, and publish all transferred goods, data, and other information. Furthermore, the Client is liable for ensuring that the production of the items commissioned by the Client does not infringe any third-party intellectual property rights or copyrights, that its content does not violate applicable law, and that the items to be produced or processed do not contain any anti-competitive content. If the Contractor is held liable by third parties whose rights are infringed by the use of the provided material, the Client shall indemnify the Contractor against all related liabilities and expenses

§ 11 Data Protection

The Contractor is entitled to electronically store and further process the data provided by the Client. Deletion of the data requires written form. The Contractor undertakes to treat all personal data confidentially. The Contractor is entitled to disclose customer data arising from the contractual documents or necessary for the performance of the contract to third parties, in particular to contractual partners, but only to the extent that this serves the purpose of processing the order. The Contractor shall comply with applicable data protection regulations.

§ 12 Cancellation Policy

Right of Cancellation
You may cancel your contract within two weeks without stating reasons in text form (e.g., letter or email) or by returning the goods. The period begins upon receipt of the goods. To comply with the cancellation period, it is sufficient to send the cancellation or return the goods in a timely manner. The cancellation must be addressed to:
DEFENCE-Technology, Nobelstraße 21, D-72108 Rottenburg a. Neckar.

Consequences of Cancellation
In the event of an effective cancellation, the services received by both parties must be returned, and any benefits derived (e.g., interest) must be surrendered. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to pay us compensation for the value. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their inspection – as would have been possible for you in a store, for example. Furthermore, you can avoid the obligation to pay compensation by not using the item as if it were your own property and refraining from anything that could impair its value. Items that can be sent by parcel post must be returned. You are responsible for the return shipping costs if the delivered goods correspond to those ordered and if the price of the returned item does not exceed €40, or if, in the case of a higher price, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge. Items that cannot be sent by parcel will be picked up from you. Non-existence of the right of cancellation

Please note that there is no right of cancellation for distance selling contracts for the delivery of goods or services that are manufactured according to customer specifications or that are clearly tailored to your personal needs, such as printing provided goods with individual motifs provided by the customer to the contractor, or commissioning the contractor by the customer to create corresponding individual motifs and further process them accordingly, such as printing them on provided goods.

§ 13 Place of Performance and Jurisdiction

If the Client is a merchant, a legal entity under public law, or a special fund under public law, the following applies:
- The parties agree that Rottenburg a. N. in the district of Tübingen shall be the place of performance for the contractual services to be provided by the Contractor and the Client.
- The parties agree that Rottenburg a. N. in the district of Tübingen shall be the place of jurisdiction for all disputes arising from the contractual relationship.

§ 14 Governing Law

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.

§ 15 Severability Clause

Should one or more provisions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.

§ 16 Miscellaneous

The Contractor is entitled to commission third-party companies and vicarious agents to perform parts or all of the contract. The sale of individual business units or the Contractor's entire company, a change of shareholders, or a change of legal form shall not constitute a special right of termination.