General Terms and Conditions of labelfarm GmbH
§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is
labelfarm GmbH, represented by its directors Andreas Bobek, Jörg Meinel und Michael Petersen, Spinnereistr. 7 // PF 106, 04179 Leipzig,
hereafter referred to as "labelfarm".
All deliveries from labelfarm to the customer are carried out based on the general terms and conditions given below.
These underlie all offers and agreements between labelfarm and the customer and are accepted for the duration of
the whole business relationship. Opposing or deviating conditions of the buyer are only binding if labelfarm has
agreed to them in writing.
§ 2 Responsibility for Online Offer
(1) Over the labelfarm platform customers have access to shops designed and operated by independent shop
partners, ("Partner-Shops"). Information concerning the respective shop operators is available via the
link "Imprint" in the respective shop.
(3) The Shop Operator has sole responsibility for the items offered in a "Partner Shop", for the design of the
shop and for advertising the items offered. labelfarm expressly does not adopt as its own those matters which
are the responsibility of the Shop Operator unless they are in accord with the provisions of these General Terms
and Conditions and/or the provisions of the General Terms and Conditions relating to Shop Operators. In particular,
this applies to breaches on the part of Shop Operators of the obligation to apply labelfarm's General Terms and
Conditions in their shops vis-à-vis the end Customer.
§ 3 Conclusion of the Contract
(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an
order with labelfarm.
(2) By completing and submitting an order form on the Internet, the Customer makes a binding offer for the
conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the
order form, the customer has the opportunity to check that his/her details are correct. labelfarm sends an
order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility,
in particular any possible infringement upon trademark rights of third parties. The order confirmation does not
represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by
labelfarm. The contract only materialises when labelfarm dispatches the product ordered to the Customer and confirms
the dispatch to the customer with a second e-mail ("Shipping Confirmation").
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to labelfarm.
This proviso shall not apply in the event of short-term disruption to deliveries or if labelfarm can be held
responsible for non-delivery, in particular if labelfarm fails to make a congruent hedging transaction in good
time. The Customer will be informed immediately that the service is not available. If Customer has already paid
for the goods, this money will be reimbursed.
§ 4 Delivery/Shipment
(1) The final delivery time is dependent on the items ordered.
Delivery dates and times are only binding if they are expressly confirmed as such by
labelfarm in writing.
(2) Delivery is available to Germany as well as some European countries: More information can be found at
www.smow.com
(3) Delivery shall be conducted by a shipment service provider chosen by labelfarm. The customer has to pay
standard shipping costs which may depend on order value, and where it is shipped to. Current shipping prices
can be viewed at
www.smow.com.
§ 5 Prices
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory
incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown
separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive.
If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country,
then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to
import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location.
Current shipping prices can be viewed at
www.smow.com
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 6 Payment
(1) Payment will be carried out according to the customer´s choice of either credit card,
advance payment or other payment methods. labelfarm reserves the right to limit the method of payment chosen
by the customer depending on order value, shipment region or other objective criteria.
(2) In case of the method of payment chosen by the customer not being practicable, where labelfarm has met
its contractual obligations, in particular if it is the case that a direct debit from the customer´s account
is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse
any additional costs incurred by labelfarm or a third party which carried out the transaction.
(3) labelfarm is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, labelfarm is allowed to assign its claims to a debt
collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to labelfarm
only counts as made if the amount has been provided contractually to the third party, so that the third party
can dispose of it as it sees fit.
§ 7 Conditional Sale
(1) Up to the payment of any monies owed to labelfarm the goods remain the property of labelfarm. If the customer
is a merchant according to the German Commercial Code (HGB), labelfarm remains owner of all delivery items up
to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 8 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight,
measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of
an informational nature. No responsibility is accepted by labelfarm for the correctness of this information.
Regarding type and scope of delivery only the information shall be decisive which is contained in the order
confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the
context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in
purchase price.
(3) In the case of return shipments due to defects labelfarm will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as
being flawless und/or available at any time. Thus, labelfarm shall not be liable for the continuous and
uninterrupted availability of the online offer.
(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant,
have met their due obligations of examination and censure according to § 377 of the German Commercial Code
(HGB).
(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt
of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
(1) Apart from that, liability on the part of labelfarm follows statutory provisions, insofar as nothing else
is determined in these general terms and conditions. labelfarm only bears unlimited responsibility for damages,
no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, labelfarm
also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm
or damage to health. In the case of mild negligence and breach of an essential contractual obligation
(cardinal obligation) labelfarm´s liability is limited to the payment of the foreseeable, typically occurring
damage. Liability of labelfarm according to the German Product Liability Act remains unaffected by the
abovementioned provisions.
(2) As far as liability of labelfarm is excluded or limited in these general terms and conditions then the same
applies for personal liability for damages on the part of employees, representatives and agents of labelfarm.
§ 10 Right of cancellation
(1) Right of cancellation. If you are a consumer within the meaning
of § 13 of the German Civil Code [Bürgerliches Gestzbuch, BGB], you may withdraw your contractual statement within
two weeks in writing (e.g. by letter, fax or e-mail) without stating a reason, or – if the goods have already been
delivered to you before the expiry of this time limit – by returning the goods. The time limit begins after receipt
of this instruction in writing, but not before the goods are delivered to the recipient (in the case of recurring
deliveries of similar types of goods, not before the first part delivery is received) and also not before we have
fulfilled our obligations to provide information as per § 312c Section 2 BGB in association with § 1 Sections 1, 2
and 4 of the German Civil Code Ordinance on the Duty to provide Information to Consumers
[BGB-Informationspflichten-Verordnung, BGB-InfoV] as well as our obligations in accordance with § 312e Section 1
Clause 1 BGB in association with § 3 BGB-InfoV. In order to meet the time limit for the cancellation it is
sufficient to send off the notice of cancellation or the goods in good time.
The notice of cancellation or return of the goods should be addressed to:
labelfarm GmbH
Naumburger Str. 28
04229 Leipzig
Germany
or per Fax to: +49 341 2222 88 12
or per eMail to: service@smow.de
This right of cancellation does not exist in the case of contracts for the delivery of goods that labelfarm has
manufactured on the basis of the Customer’s specifications or which are clearly tailored to the personal needs of
the Customer.
(2) Consequences of cancellation. In the event of an effective cancellation, each party shall return to the
respective other party the benefits received and issue any benefits involved (e.g. interest). If you are unable to
return the benefit you have received in full or in part or can only return it in an impaired condition, you may have
to pay us compensation for its value in this respect. This does not apply to the relinquishment of items if the
impairment of the item can only be ascribed to your inspection of it – for example, as might have been possible for
you in a retail outlet. For the rest, you can avoid the obligation to pay compensation for the value of an
impairment that has arisen as a result of beginning to utilise the item for its intended use by not making use of
the item as your property and refraining from doing anything that would have an impact on its value. You must return
items which can be sent by parcel post at your own risk. You must cover the cost of the return if the goods as
supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40
euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or
made a contractually agreed part payment. In any other case the return of the goods is free of charge to you.
All costs for return shipments from Switzerland must be paid for by
the customer and cannot be refunded.
Items which cannot be sent by parcel post will be collected from you. Obligations to make payments must be fulfilled
within 30 days. The time limit begins for you at the point at which you send off your notice of cancellation or the
item; for us it begins at the point at which we receive it.
If the whole contract is cancelled, labelfarm will also bear the costs of dispatching the goods to the consumer
(costs of sending)
End of the cancellation instructions
§ 11 Technical and Design Deviations
When fulfilling the contract, we expressly reserve
the right to deviate from the descriptions and information in our brochures, catalogues and other written and
electronical documents with respect to material, color, weight, measurements, design or other features, as far as
these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations
customary in trade and technical production processes.
§ 12 Data Protection
labelfarm vuses personal data of the customer for appropriate
purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing
address, bank details) for ordering products are used by labelfarm for fulfilment and handling of the contract. This
data is treated confidentially by labelfarm and is not given to any third parties who are not part of the ordering,
delivery and payment procedures. The customer shall be entitled to access information on the personal data which
labelfarm has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and
the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such
data.
§ 13 Place of Jurisdiction – Place of Fulfilment – Choice of Law
(1) Place of fulfilment for all services is the place of business of in Leipzig.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under
public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such case,
labelfarm is also entitled to sue the customer according to the opinion of labelfarm at their resident court. The
same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of
residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual
residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal
Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As
far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany,
the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory
regulations, the rest of the agreement remains unaffected.
Version 01/2008
