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Our General Terms and Conditions

General Terms and Conditions of Display-Max GmbH

§ 1 General
Our offerings, business transactions, deliveries and services are subject exclusively to our General Terms and Conditions listed in the following. They apply to the extent that is not governed by special agreements made between the customer and us in writing. In this regard, buying conditions by the customer are hereby expressly objected. By placing an ordering, the customer expressly accepts our sales terms and delivery conditions. The customer assumes the responsibility for possessing all intangible rights for orders placed by him/her, including, in particular, trademark rights, design rights, patent rights and copyrights. The customer undertakes and agrees to indemnify and hold harmless Display-Max from and against all third party claims in case of a violation against this contractual obligation, waiving any defences and upon first request.

§ 2 Offerings & Conclusion of Contract
(1) All offerings of Display-Max GmbH are subject to confirmation and impose no obligation to accept orders. Orders and order extensions are only valid in written form, verbal agreements and additional agreements become valid only after they have been laid down in writing.
(2) When the customer places an order via the online shop of Display Max GmbH, the customer can select various articles from the product range and put them into a so-called shopping cart by clicking the button "Add to Cart". By clicking on the button "Place your order" the customer makes a binding request for purchasing the products contained in the shopping cart. Prior to placing the order, the customer can inspect and make changes to the shopping cart data at any time. The request can, however, only be submitted and transmitted if the customer checks the box for accepting the General Terms and Conditions of Display-Max GmbH. Display-Max GmbH then automatically sends the customer an acknowledgement of receipt via e-mail, which again lists the details of the customer's order and can be printed out by the customer using the "Print" function. This formally concludes the purchase contract between the customer and Display-Max GmbH. With the payment option "Advance payment", the customer will receive an "Advance payment invoice" after the order has been checked. If a payment target has been agreed upon, then the customer will receive the respective invoices after the goods have been delivered.

§ 3 Delivery times
The respective delivery times of our products are recorded when the order is accepted. The delivery times start after clarification of all technical and commercial details of the order, these include: Receipt of appropriate graphic templates in the agreed data formats, approval of the labelling by the customer, receipt of a down payment. Unless stated otherwise in the order acceptance, the delivery deadlines are understood to be non-binding. If a delivery deadline is not met, then the customer is entitled to set a grace period of 6 weeks. In case of failure to fulfil the delivery within this grace period, the customer can withdraw from the contract. In the presence of force majeure, the customer may only set the grace period for us after this condition has ceased to exist. In particular, force majeure includes the following: Strikes, shortage of resources or goods, operational disturbances of any kind and stagnation of incoming and outgoing deliveries, also regarding our suppliers. Partial deliveries are permissible and are deemed as self-contained transactions.

§ 4 Items supplied by the customer
Display-Max GmbH accepts no liability for the templates, patterns, print media and other items suitable for reuse that are supplied by the customer. These items will only be returned if the customer files an express, written request to Display-Max GmbH.

§ 5 Delivery and Assembly
The delivery is made at the customer's risk and expense. In the absence of further information provided by the customer, we will deliver using the best and most cost-efficient method. Packaging will be invoiced at cost price. This also applies for warranty claims and assembly orders where the product is delivered by the assembly fitter. Display-Max GmbH only performs product-related assembly work. Preparing the assembly site with suspension points/anchors is the responsibility and/or is performed at the risk of the customer and the customer has the obligation to obtain permissions.

§ 6 Permissions and routine tests
Obtaining and complying with permissions and routine tests that may be necessary for Display-Max GmbH products is the customer's responsibility. If Display-Max GmbH is commissioned with obtaining these permissions and routine tests, then the customer must make all required documents and information available in due time. Existing purchase contracts shall not be affected by whether or not approvals that are applied for are issued or not.

§ 7 Prices, conditions and cancellation
(1) Our prices in each case apply ex works according to the current pricelist and are accepted with the order confirmation. The full invoice amount shall be due for payment upon delivery. We reserve the right to deliver the goods against advance payment. In the case of special designs and individual labellings, the order is only accepted and carried out against an advance payment of up to 75% of the invoice amount. Cancellations are possible within 7 days after placing an order. In this case, the customer must pay a cancellation fee amounting to 50% of the invoice amount. For special designs, express deliveries and helium orders, cancellations are not accepted. Cash discount deductions are only permissible if they have been expressly agreed. (2) We reserve the right to invoice additional expenses for graphic services, data processing and changes during ongoing orders.
(3) Price changes and errors are expressly reserved.

§ 8 Warranty
(1)
If the customer is a merchant, the following applies: The warranty services for our products are, in each case, specified in the quotation. For special designs according to customer specifications (special designs and prototypes), warranty service arrangements that take into account the type of product and application can be agreed upon. If our products are used as semi-finished products, component or assembly group for creating, constructing or extending a separate external product, then no warranty whatsoever is given, unless this has been explicitly specified otherwise in the purchase contract or contract for work and services. Otherwise, the provisions of the German Civil Code (ZGB) / German Code of Obligations (OR). Any transport-related damage to goods delivered by us must be immediately and directly addressed to the carrier. Proof thereof must be recorded – if necessary, with the aid of an expert. Incomplete or wrong deliveries as well as any obvious defects can only be objected in writing within 10 days after receipt. Claims for defects that are not obvious must be notified in writing within 6 months after receipt. Objected goods must be sent back to us carriage free for inspection. If the inspection shows defects in manufacturing or materials, then we (at our sole discretion) will either repair or replace the product, or refund the price you paid for the product. Further liability, in particular for damage to anything other than the products supplied by us, is excluded to the extent that intent or gross negligence on our behalf is not proven.
(2) If the customer is a consumer, then Display-Max GmbH is liable for material defects according to the relevant and applicable legal provisions.

§ 9 Liability
(1)
Claims of the customer for compensation are excluded. The exception being claims of the customer for compensation resulting from loss of life, physical injury, damage to health or from a breach of major contractual obligations (cardinal obligations) as well as the liability for other damage resulting from a deliberate or grossly negligent breach of obligations of Display-Max GmbH, its legal representatives or vicarious agents. Major contractual obligations are such obligations that are necessary for attaining the purpose of the contract.
(2) Display-Max GmbH's liability in case of a breach of major contractual obligations is limited to the the foreseeable damage typical of the contract concerned if it was caused by simple negligence, unless the claims for compensation concerned result from loss of life, physical injury or damage to health.
(3) The limitations from sections 1 and 2 also apply for the benefit of Display-Max GmbH's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 10 Reservation of title
(1)
All goods shall remain our property until payment has been effected in full for all of our claims – including those arising in the future – from the ongoing business relationship.
(2) The non-consumer customer may only resell goods subject to retention of title within the course of ordinary business operations and exclusively by transferring the retention of title. This shall also apply if individual or all of our claims are incorporated in a current invoice (current account) and the balance has been struck. For payment by bill of exchange, the retention of title shall hold until the bill of exchange has been paid without reservation. The customer, when reselling, shall be obliged to also subject the further sale of reserved goods to the reservation of title if the goods are not paid immediately by the third party. Any other use or disposition of the products, including without limitation, pledging or transferringthe products by way of security, shall not be permitted. If the customer acts in any way contrary to the contract, then we shall be entitled to withdraw from the contract and to demand restitution of the goods. The customer herewith assigns all claims including securities and ancillary rights to us whichhe/she obtains against the end user or against third parties from or in conjunction with the further sale of goods subject to retention of title, this being irrespective of whether the goods were sold with or without further processing. The customer is prohibited from making agreements with his buyer that have the potential to exclude or impair our rights in any way. In particular, the customer may not enter into any agreements that nullify the assignment in advance of the claim to us. The customer shall only be entitled to offset counter claims if they are undisputed, recognised by us, ready for decision or legally enforceable. The right of retention shall only exist for the customerif the claim is based on the same contractual relationship and only if this is undisputed, recognised by us, undisputed, ready for decision or legally enforceable. The transfer of rights of the customer requires our express consent.

§ 11 Place of performance
As far as the customer is a merchant, a corporate body under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction is agreed to be the registered office of our company. All contract conclusions – including those in the future – between the customer and us, shall be subject exclusively to the law of Switzerland, without the UN Sales Convention and without the Hague Agreement on the Conclusion of Sales Contracts.

§ 12 Right of withdrawal
(1)
When entering into a distance selling business transaction, consumers have a general right of withdrawal which, in the following, Display-Max GmbH informs about in accordance with statutory requirements. The exemptions from the right of withdrawal are set in section (2). In section (3) there is a sample withdrawal from. Instruction concerning the right of withdrawal You have the right to withdraw from this contract without giving reasons within fourteen (14) days. The withdrawal period is fourteen days after the date on which the goods have been taken in possession by you or a third party other than the carrier that has been appointed by you. If a contract is for several items that you have ordered as part of a common purchase order and that are delivered separately, then the fourteen-day withdrawal period begins on the date on which the last item has been taken in possession by you or a third party other than the carrier that has been appointed by you. If a contract specifies the delivery of one item in several partial deliveries or pieces, then the fourteen-day withdrawal period begins on the date on which the last partial delivery or piece has been taken in possession by you or a third party other than the carrier that has been appointed by you. To make a valid withdrawal, you must notify us,

Display-Max GmbH
Hardtring 14b
D-78333 Stockach
T 0049 (0)7771 - 928 252 00
F 0049 (0)7771 - 928 252 01
e-mail: info@display-max.com,
of your decision to withdraw from this contract by making an unambiguous statement (e.g. a letter sent by post, a fax or an e-mail). For this purpose, you may use the appended sample withdrawal form which, however, is not mandatory. For meeting the withdrawal time-limit, it is sufficient if you send off the message containing the information about exercising the right of withdrawal within the withdrawal period. Consequences of withdrawal If you withdraw from this contract, then we shall refund all payments received by you, including delivery expenses (the exception being additional costs that result from you having selected a method of delivery other than the low-cost one offered by us), without delay and at the latest within fourteen days after the date on which the message regarding your withdrawal from this contract was received by us. We will use the same means of payment used by you for the original transaction, unless something else has been expressly agreed with you; you will under no circumstances be charged a fee for this refund. We shall be entitled to withhold the refund until we have received the goods back or until you have provided proof of having sent back the goods, whichever is the earlier date. You shall send or hand over the goods back to us without delay and in any event at the latest within fourteen days after the date on which you have notified us regarding the withdrawal from this contract. This time-limit is met if you send off the goods before the fourteen-day period ends. The direct cost of sending back the goods shall be borne by you. Any loss of value value of the goods shall be borne by you only if this loss of value can be attributed to handling the goods in a manner not appropriate for checking the quality, properties and function of the goods.
(2) The right of withdrawal and the right of return shall not exist for deliveries of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or, by their nature, are not suitable to be returned or can perish quickly or whose expiration date would expire.
(3) The supplier hereby informs about the sample withdrawal form in compliance with statutory regulations: Sample withdrawal form (If you want to withdraw from the contract, please fill out this form and send it to us.) To:
Display-Max GmbH
Hardtring 14b
D-78333 Stockach
T 0049 (0)7771 - 928 252 00
F 0049 (0)7771 - 928 252 01  E-mail: infodisplay-max.com: I/we hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the rendering of the following services (*) — Ordered on (*) / received on (*) — Name of the end consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only for paper-based message) — Date (*) Please cross out as applicable

§ 13 Information concerning data processing
(1)
As part of the processing of contracts, Display-Max GmbH collects data of the customer. In this context, it observes the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Display-Max GmbH will only collect, process and use master data or usage data of the customer, without the prior consent of the customer, to the extent that this is necessary for the implementation of the contractual relationship and the use and invoicing of telemedia.
(2) Without prior consent of the customer, Display-Max GmbH will not use customer data for purposes of advertising, market research nor opinion research.
(3) The customer may, at any time, demand from Display-Max GmbH to be informed about the customer's data stored stored by it. This request for information must be made in writing and sent to:
Display-Max GmbH
Hardtring 14b
D-78333 Stockach
T 0049 (0)7771 - 928 252 00
F 0049 (0)7771 - 928 252 01

§ 14 Final provisions
(1) Contracts between Display-Max GmbH and the customer are exclusively subject to the law of Switzerland under exclusion of the UN Sales Convention.
(2) If the customer is a merchant, a corporate body under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes between the customer and Display-Max GmbH arising from this contract relationship is the registered office of Display-Max GmbH.
(3) Should any of the items be legally invalid, the rest of the contract shall remain effective and binding. The legally invalid items shall be replaced with the statutory provisions where these exist. However, if this would impose an unreasonable economic burden on either of the contracting parties, then the entire contract shall become invalid.