General terms and conditions

General Terms and Conditions of Business

 1.    Scope, general obligations of the customer

1.1. the following terms and conditions apply to all contracts concluded within the online offers of auto iD 24/7 - S&K Solutions GmbH (auto iD 24/7) by consumers and entrepreneurs for the delivery of products (goods) and the provision of services (services).

1.(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. 3.

 1.these General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses deviating, conflicting or supplementary general terms and conditions, these shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.

 1.4. all information you provide in the ordering process must be current and truthful. You may not pass on your password to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form of any loss or disclosure. For misuse, e.g. for any unauthorized orders by third parties with your password and the resulting claims, you are liable according to the legal provisions.

 1.5. we reserve the right to change these terms and conditions with effect for the future according to the following procedure. For this purpose, we will notify you in advance of the intended changes and inform you of your right to object. The changes shall be deemed to be accepted if you do not object within two months after notification of the change. If you object to the change, we reserve the right to terminate the contract without notice.

  2. Conclusion of contract and written form

 2.1. the presentation of the products from the online offer of auto iD 24/7 (online store) does not represent a legally binding offer, but a non-binding online catalog. By clicking the button "buy" / "order with obligation to pay", you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent immediately after sending the order by automated e-mail and does not yet constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 3 days.

 A binding contract can also be concluded earlier:

• If you have chosen credit card payment, the contract is concluded at the time of the credit card charge.

• If you have chosen the payment method SOFORT Überweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT GmbH. 2.

 

2.the object of the contract is exclusively the sold goods with the properties and characteristics as well as the intended use according to the special written agreement or the description enclosed with the goods. Other or more extensive properties and/or a purpose beyond this shall only be considered as agreed upon if they are expressly confirmed in writing by auto iD 24/7.

 2.3. auto iD 24/7's offers are subject to change. Technical changes as well as changes in shape, color and/or weight are reserved within reason. Drawings, illustrations, dimensions, weights and other performance data are only binding if this is expressly agreed in writing.

 2.4. the conclusion of the contract is subject to correct and timely delivery by auto iD 24/7's suppliers. this shall only apply in case auto iD 24/7 is not responsible for the non-delivery, especially in case of a congruent hedging transaction with auto iD 24/7's supplier. the contractual partner shall be immediately informed about the non-availability of the goods or services. The consideration will be refunded immediately.

 3. Prices, other costs

 3.1. prices are quoted in EURO and are within the Federal Republic of Germany plus the legal value added tax.

 3.2. the prices are ex works and, unless expressly stated otherwise, do not include packaging, freight, postage, insurance and installation costs.

 3.3. shipping is at the expense of the contracting party. During the order process the exact shipping and handling costs will be displayed.

  4. Terms of payment

 4.1. you can choose to pay in advance, credit card, Sofortüberweisung or Paypal. A purchase on account is also possible. If you choose payment in advance, the purchase price is due for payment upon receipt of the order confirmation.

 4.2. auto-ID 24/7 reserves the right to invoice the agreed service by letter or on electronic web by e-mail. 

 4.3. auto iD 24/7 may revoke agreed payment terms with deferral if it becomes aware of circumstances that may jeopardize the enforcement of claims. In all other respects, the statutory provisions apply. auto iD 24/7 reserves the right to refuse certain types of payment.

 4.4. data collection and processing for payments via InfinitePay "purchase on account

When paying via the InfinitePay "purchase on account" payment methods, the purchase price claim is assigned to Financial Management Solutions GmbH (under the InfinitePay brand), Isaac-Fulda-Allee 5, 55124 Mainz, Germany (hereinafter referred to as "InfinitePay"). The data required for payment processing are thereby transmitted to InfinitePay. The data transfer serves, among other things, the purpose that InfinitePay can carry out an identity and credit check for the processing of your purchase with the payment method requested by you. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from the legitimate interest in offering different payment methods as well as the legitimate interest in protection against payment default. You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying us. You can find InfinitePay's privacy policy here: https://www.infinitepay.de/datenschutzhinweise

Should you wish to receive information about the use of personal data concerning you, you can contact datenschutz@fms-mainz.de at any time. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you requested.

5. Print and order data, data transmission

5.1. the print data are to be supplied in the file and print formats specified by us. The contents of the data sheets must be observed. We cannot guarantee customers error-free performance for deviating file or print formats unless this format has been approved by us in writing. Customers are fully liable for the correctness of their data, even if there are data transmission or file carrier errors, but we are not responsible for these.

5.2. deliveries of all kind by the customer or by a third party engaged by him, this is valid also for data carriers and transferred data, are not subject to any examination obligation on the part of auto-ID 247. this is not valid for obviously not processable or not readable data or with express agreement (professional data check).

5.3. in case of data transfer the customer has to use protection programs for computer viruses according to the latest technical standards before the transfer. Data backup is the sole responsibility of the customer. We are entitled to make copies of the data. 

6. Right of withdrawal

 6.1. consumers are entitled to the legal right of revocation as described in the revocation instruction. The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 

If the customer is an entrepreneur in the sense of §14 of the German Civil Code (BGB) and is acting in the exercise of his commercial or independent activity when concluding the contract, the right of cancellation does not apply.

7. Cancellation and subsequent costs

 7.1. a cancellation of the contracting partner as an entrepreneur is compellingly connected with subsequent costs. The cancellation of an order requires the written form (e.g. letter, fax, e-mail). In the event of cancellation of an order, the costs incurred up to the time of cancellation shall be charged to the Buyer.

 7.2. in case of cancellation of a purchase of commercial goods as an entrepreneur, the proportionate loss of profit and the costs of return to the supplier/manufacturer are to be borne; if the goods are so special that return to the manufacturer is not possible, 100% of the invoice amount is to be borne by the Purchaser. The Co-contractor will receive an invoice from auto iD 24/7 for the cancellation costs, which must be paid within 10 days of receipt.

 7.in case of cancellation of a customer-specific production (e.g. Web2Print card production), the costs incurred are for production preparation, production planning and production release. After written production and printing release by the contracting party (consumer and entrepreneur), which takes place simultaneously with the online purchase and acceptance of the terms and conditions, the stated invoice amount is to be paid in full in the case of a contemplated cancellation, since the production can then no longer be stopped.

 8. Delivery and performance

 8.1. if the contract partner chooses the right of withdrawal due to the delay of auto iD 24/7, he is not entitled to any additional compensation. In all other respects, the statutory provisions shall apply.

 8.2. auto iD 24/7 is entitled to partial deliveries, as far as this is reasonable for the contracting partner.

 9. Transfer of risk

 9.(1) The risk of accidental loss and accidental deterioration of the goods shall pass to the other party upon delivery, or in the case of a mail order purchase, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The handover shall be deemed to have taken place if the contractual partner is in default of acceptance.

 9.2. costs and risk for parts sent in, whether for processing or as samples, shall be borne by the contractual partner. Insurance of these items is a matter for the contractual partner and must be procured by him at his own expense.

 10. Retention of title

 10.1. auto iD 24/7 retains ownership of the goods until all claims arising from the current business relationship with the contracting partner have been settled in full.

 10.2. the contractual partner is obliged to handle the goods with care. If maintenance and inspection work is required, the contractual partner shall carry this out regularly at its own expense. 3.

 10.3. the contractor is obligated to immediately inform auto iD 24/7 of any access to the goods by third parties, such as in the case of seizure, as well as any damage to or destruction of the goods. The contracting party shall immediately notify auto iD 24/7 of any change of ownership of the goods as well as any change of his own domicile.

 10.4. auto iD 24/7 is entitled to withdraw from the contract and demand the return of the goods in the event of a breach of contract by the contractual partner, especially in the event of a delay in payment or a breach of an obligation according to clauses 2 and 3 of this provision.

 10.5. the contractual partner in the sense of an entrepreneur is entitled to resell the goods in the ordinary course of business as long as he is not in default of payment. Pledges and transfers of ownership by way of security are not permitted. The contracting party hereby assigns to auto iD 24/7 all claims in the amount of the invoice amount, which accrue to him from the resale against a third party. auto iD 24/7 accepts the assignment. After the assignment, the contractual partner is authorized to collect the claim. auto iD 24/7 reserves the right to collect the claim itself as soon as the contractual partner does not properly fulfill his payment obligations and is in default of payment.

 10.6. the processing of the goods by the contractual partner is always carried out in the name and on behalf of auto iD 24/7 as supplier or manufacturer. If the goods are processed with items not owned by auto iD 24/7, auto iD 24/7 shall acquire co-ownership of the new item in proportion of the value of the goods delivered by auto iD 24/7 to the other processed items. The same shall apply in case of mixing. The contractual partner shall store the (co-)ownership of auto iD 24/7 free of charge.

 11. Retention of title; set-off; right of retention in case of purchase on account

 11.1. in case of consumers, we reserve the right of ownership of the purchased goods until full payment of the invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

 11.you shall only have a right of set-off if your counterclaims have been legally established or are undisputed and acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

 11.if the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

 11.4. special features for Switzerland:

 (1) In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

 (2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

 (3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately. 

 12. Warranty for goods

 12.(1) Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

 For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

 The warranty period for new goods vis-à-vis the contractual partner shall be one year from delivery of the goods. This does not apply if the contract partner has not notified auto iD 24/7 of the defect in a timely manner. (clause 10.3)

 The warranty for used goods is excluded. For warranties and support voluntarily granted by auto iD 24/7, the relevant service catalogs apply, which can be found on the internet at www.auto-ID24/7.com, in the brochures and offers of auto iD 24/7, if they have been agreed upon. The right to warranty, guarantee and support expires if only original consumables from auto iD 24/7 are used. The warranty and guarantee also expires in case of damage caused after the transfer of risk.

 12.2. auto iD 24/7 shall initially provide warranty for defects of the goods by rectification of defects or replacement delivery at its discretion.

 12.3. if the supplementary performance fails, the contracting party may, at its discretion, demand a reduction of the remuneration (abatement) or cancellation of the contract (withdrawal). In particular, the supplementary performance shall not be deemed to have failed as long as the contractual partner has not set auto iD 24/7 a reasonable deadline for the supplementary performance. In the case of a minor breach of contract, in particular in the case of minor defects, the contractual partner shall not be entitled to withdraw from the contract.

 12.4. the contracting partner must notify auto iD 24/7 in writing of obvious defects (including complaints regarding incorrect or incomplete deliveries) within a period of two weeks from receipt of the goods; in addition, the contracting partner is obligated to notify auto iD 24/7 in writing of non-obvious defects within two weeks after discovery. Otherwise, the assertion of warranty claims is excluded in both cases. The timely dispatch of the notice of defects shall be sufficient to meet the deadline. The contractual partner shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. Within the framework of the notice of defect, the defect and its manifestation must be described in such detail that an examination of the defect is feasible and the possible exclusion of an operating error is possible. auto-iD reserves the right to examine reported defects on the customer's premises by professionally qualified employees. 

 12.5 If the contract partner chooses to withdraw from the contract because of a legal or material defect after subsequent performance has failed, he is not entitled to any additional claim for damages because of the defect. If the contracting partner chooses to claim damages due to a defect for which auto iD 24/7 is responsible and the goods remain with the contracting partner, the damages shall be limited to the difference between the purchase price and the value of the defective goods, unless auto iD 24/7 can be accused of malice. 6.

 12.6. only the product description of auto iD 24/7 is considered to be agreed upon as the quality of the goods. Public statements, recommendations or advertisements of the manufacturer or third parties do not constitute a contractual description of the quality of the goods. In case of minor deviations of the goods, the contractual partner shall not be entitled to any right of reduction. 7.

 12.7. auto iD 24/7 is liable for customer-specific productions (e.g. print orders for plastic types) with regard to light fastness, variability and deviation of colors in printed products as well as the quality of the lamination according to the state of the art. Minor deviations in the printing color compared to the color sample or the print-ready artwork do not entitle the customer to complain about the delivery. The same shall apply to the comparison between press proofs and print runs and the comparison between two productions.

 12.8. punching variations that lead to different distances between the printed motifs and the card edges from card to card do not entitle the customer to complain about the delivery.

 12.9. auto iD 24/7 is not obligated to inspect deliveries (including data carriers) made by the contract partner or third parties engaged by the contract partner.

 12.10. in case of supplementary performance, the contracting partner must return the goods to auto iD 24/7 in the original packaging; transport costs shall be borne by the contracting partner. The risk of deterioration and loss of the goods during return transport due to improper packaging shall be borne in full by the contractual partner. The return transport to the contracting party shall be at the expense of the supplier during the warranty period, and at the expense of the contracting party after the warranty period. 11.

 12.11. the contractor must check proofs for typesetting and other errors and return them to auto iD 24/7 or declare them ready for printing. auto iD 24/7 is not liable for errors overlooked by the contractor. Typesetting errors will be corrected free of charge. Changes required in deviation from the artwork, in particular corrections by the customer and author, will be invoiced according to the working time spent on them.

 12.12. auto iD 24/7 shall only be obligated to deliver defect-free assembly instructions if the contract partner receives defective assembly instructions and only if the defect in the assembly instructions prevents proper assembly.

 12.13. if the contractor has made a warranty claim against auto iD 24/7 and it turns out that either there is no defect or the claimed defect does not obligate auto iD 24/7 to provide a warranty, the contractor shall compensate auto iD 24/7 for the resulting damage, provided that the contractor is responsible for the claim against auto iD 24/7 due to gross negligence or intent.

 12.the warranty does not apply in case of defects caused by faulty installation, non-observance of application instructions, improper intervention or modification of the product by the contractual partner or a third party not authorized by auto iD 24/7. The warranty shall also not apply if original technical markings, seals, serial numbers or similar markings are changed or removed. Defects caused by operational wear and tear, operating errors and improper use, external influences (operation with the wrong type of current or voltage, connection to unsuitable power sources, fire, lightning, explosion or mains overvoltage, moisture of any kind) as well as incorrect or faulty software and/or processing data are excluded from the warranty. 15.

 12.15. an assignment of the warranty claims by the contracting partner is excluded.

 12.16. the contract partner's claims for damages due to a defect become time-barred one year after delivery of the goods, unless auto iD 24/7 can be accused of fraudulent intent.

 12.17. guarantees in the legal sense are not granted. Manufacturer warranties remain unaffected.

 13. Warranty for performance

 13.1. auto iD 24/7 shall initially provide warranty for defects in performance by rectification of defects or new production at its discretion.

 13.2. if auto iD 24/7 seriously and finally refuses the fulfillment, refuses the removal of the defect and subsequent fulfillment due to disproportionate costs, the subsequent fulfillment fails or it is unreasonable for the contractual partner, the contractual partner can only demand a reduction of the remuneration (abatement) or cancellation of the contract (withdrawal) and compensation for damages within the scope of the limitation of liability (section 12) instead of the service. As a rule, subsequent performance shall be deemed to have failed only after the second unsuccessful attempt at subsequent performance. In the event of a minor breach of contract, in particular only minor defects, the contractual partner shall not be entitled to withdraw from the contract.

 13.3. auto iD 24/7 shall not be entitled to withdraw from the contract if auto iD 24/7 is not responsible for the breach of duty resulting from a defect.

 13.4. the rights of the contractual partner due to defects shall become time-barred one year after acceptance of the service. This does not apply if auto iD 24/7 can be accused of gross negligence, as well as in the case of bodily harm or damage to health attributable to auto iD 24/7 or in the case of loss of life of the contractual partner. Any liability of auto iD 24/7 according to the product liability law also remains unaffected.

 13.5. further claims remain unaffected in case of fraudulent concealment of defects or the assumption of a guarantee for the quality.

 13.6. auto iD 24/7 does not provide guarantees in the legal sense.

 14. Ownership and copyright

 14.1. auto iD 24/7 shall retain ownership of the items used for the production of the goods, in particular films, printing plates, lithographs, printing plates and standing types, even if they are invoiced separately, and they shall not be delivered.

 14.2. the contractor is solely liable if rights, in particular copyrights and industrial rights of third parties, are violated by the execution of his order. The contractor shall indemnify auto iD 24/7 from any such claims of third parties due to an infringement of rights in this regard.

 15. Limitations of liability

 15.1. auto iD 24/7 shall not be liable for slightly negligent violations of insignificant contractual obligations. In case of slightly negligent breaches of duty, the liability of auto iD 24/7 is limited to the foreseeable, contract-typical, direct and proportionate average damage according to the type and value of the goods or services; the same applies to slightly negligent breaches of duty of the legal representatives or vicarious agents of auto iD 24/7.

 15.2. the aforementioned limitations of liability do not apply to any claims arising from product liability. Furthermore, these limitations do not apply in the case of bodily injury or damage to health attributable to auto iD 24/7 or in the case of loss of life of the contractual partner.

 16. Limitation of liability for provided goods

 16.1) Material provided by the contractor, regardless of type, is to be delivered to auto iD 24/7 free of charge. Unless otherwise agreed, the contractor is obliged to deliver 5% more than the quantity to be processed in order to cover normal waste.

 17. Final provisions

 17.1. the law of the Federal Republic of Germany applies in principle. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. auto iD 24/7 reserves the right to choose the law applicable at the registered office of the contractual partner.

 17.the exclusive place of jurisdiction for all disputes arising from this contract is Passau and the place of performance is Passau. auto iD 24/7 reserves the right to choose the registered office of the contractual partner as the place of jurisdiction.

 17.should individual provisions of this contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision, without prejudice to the provision of Section 306 (2) of the German Civil Code (BGB).