The following general terms and conditions apply if it is the client
a person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or
self-employed professional activity (entrepreneur) or a legal entity under public law or a special fund under public law.
1. Exclusive Applicability
All deliveries and services by Crete on-time excursions (supplier) are exclusively based on the following general terms
and conditions. For the rest, the statutory regulation applies. Deviating terms and conditions of the customer do not
become part of the contract even if the supplier has not expressly objected to them. All deviating agreements require
the written consent of the supplier in order to become effective.
2. Order, Order Confirmation
2.1 Unless otherwise agreed, the client is bound to his order for four weeks.
2.2 Only the supplier's order confirmation is decisive for the type and scope of the delivery obligation, insofar as the
customer has not objected in writing immediately after receipt of the order confirmation. This also applies if the order
confirmation refers to the order or a previous offer. Subsequent changes to the type and scope of the delivery obligation
as well as ancillary agreements must be confirmed in writing by the supplier in order to become effective.
The resulting additional costs will be charged to the customer.
2.3 Information about services, print quality, etc. are considered to be approximately within the tolerances
customary in the industry.
2.4 Our general terms and conditions apply comprehensively and are fundamentally a condition of all
contractual actions and contract conclusions, in writing, in particular e-mail (provided with our e-mail address is
considered a signature. This also applies to e-mails from the customer), verbally or by implication Trading between
Crete on-time excursions and
be agreed with his client. In the case of agreements, ancillary agreements that deviate from our general terms and
conditions, a legally signed individual agreement is required. Our terms and conditions apply when the order is placed.
3. Prices
3.1 The prices stated in the supplier's offer apply if the underlying order data remain unchanged, but no
longer than four weeks after receipt of the offer by the customer. If the labor and/or material costs change between
the submission of the offer and the placing of the order, Crete on-time excursions is entitled to adjust the price
accordingly. In the case of orders with delivery to third parties, the purchaser is deemed to be the client unless
otherwise expressly agreed.
4. Terms of Payment
4.1. The remuneration is due when the service is rendered. If the service is accepted in parts, a partial payment of at
least half of the total payment is to be paid upon acceptance of the first partial delivery.
4.2 Invoices from the supplier are due immediately upon receipt of the invoice without any deductions, unless the order
confirmation expressly states otherwise.
4.3 Payments are to be made free the supplier's paying office.
4.4 For larger orders, advance payments or partial payments corresponding to the work already
performed are to be made. A cash discount on these payments will not be granted.
4.5 Crete on-time excursions is entitled to demand payment or security before delivery and to stop further work until
payment or security is provided if the fulfillment of the supplier's payment claim is at risk because of doubts about the
solvency or creditworthiness of the customer that became known after the conclusion of the contract . The supplier is
also entitled to these rights if the customer is in arrears with the payment of an invoice.
4.6 The existing total claims of the supplier are due for immediate payment, regardless of an agreed payment
target, if the customer is in default with the payment of an invoice. If the client is still in arrears with payment even
after a period of grace set by the supplier has expired, the supplier is entitled, but not obliged, to take over the sale of
the printed matter produced for the client and to satisfy himself from the proceeds until all liabilities (including the
customer's obligation to pay damages and/or reimbursement of expenses towards the supplier) of the customer from
his entire business relationship with the supplier have been repaid. These rights of the supplier also apply after the
supplier has withdrawn from the contract. The client grants the supplier all necessary rights for this purpose.
4.7 The supplier is entitled to withdraw from the contract and to demand reimbursement of his expenses from the
customer if insolvency proceedings are opened against the customer's assets or the opening of insolvency proceedings
is rejected due to insufficient assets. For this purpose, the supplier receives a written credit report from which the
creditworthiness of the client results.
4.8 If the customer wishes to pay in installments, the supplier must be informed in writing when the order is placed.
The total term, intervals between the installments due, the amount of the installments and interest must also be fixed
in writing.
5. Offsetting and Right of Retention
5.1 The customer can only offset claims of the supplier with undisputed or legally established claims. A right of
retention and a right to refuse performance by the customer in accordance with §§ 273 and 320 BGB is only
permissible because of undisputed or legally established counterclaims of the customer.
6. Delivery
6.1 Delivery dates and delivery periods are always given without obligation. They are only binding if they have been
expressly confirmed as binding in writing by the supplier.
6.2 A delivery period begins to run upon receipt of the order that has been clarified in all points. Compliance
with a delivery period or a delivery date requires the fulfillment of the contractual obligations of the customer from the
contract concerned and from previous contracts between the customer and the supplier as well as any obligation of
the customer to cooperate ahead.
6.3 A delivery period or a delivery date is met if the goods have left the supplier's works by the end of the period or by
the agreed delivery date or if they are ready for dispatch and the customer has been informed that the goods are ready
for dispatch.
6.4 If the goods are to be shipped, the risk of accidental loss and accidental deterioration passes to the customer as
soon as the goods have been delivered to the forwarding agent, carrier or other person or institution responsible for
carrying out the shipment. This also applies in the event that partial deliveries are made. If the shipment is delayed or
omitted as a result of circumstances that cannot be attributed to the supplier, the Risk of accidental loss and accidental deterioration from the day of notification of readiness for dispatch to the
customer. The supplier will take out the insurance policies requested by the client at the expense of the client.
6.5 The delivery period is extended appropriately if the goods are not delivered correctly or not on time, unless the
supplier is responsible for a delay in delivery. The supplier will inform the customer of any delays that become
apparent as soon as possible.
6.6 If non-compliance with a delivery period or a delivery date is due to force majeure or to events beyond the supplier's
control, e.g. The same applies in cases of operational disruptions, strikes or lockouts – be it at the supplier or one of
his subcontractors – unless the supplier is responsible for such a circumstance. The supplier will inform the customer
of the beginning and end of such circumstances as soon as possible.
7. Retention of Title
7.1 Delivered goods remain the property of the supplier until they have been paid for in full. In addition, the delivered
goods remain until all claims of the supplier have been paid in full
against the client from the existing business relationship with the supplier.
7.2 Objects that the customer hands over to the supplier to fulfill an order are assigned to the supplier to secure
all of his claims from the business relationship with the customer.
7.3 As long as the goods are still the property of the supplier, the client is obliged to keep them in proper condition.
7.4. Unless otherwise agreed in writing, only rights of use are granted for drafts and final artwork, but no ownership
rights are transferred. The originals must be returned undamaged to Crete on-time excursions no later than three
months after delivery, if not
otherwise agreed in writing.
8. Delay in Shipping
If dispatch is delayed for reasons for which the customer is responsible, the supplier is entitled to deliver the goods
himself for the account and at the risk of the customer
to take stock or to store with a forwarding agent.
9. Complaints/Claims
9.1 In any case, the client must immediately check the contractual conformity of the delivered goods as well as the
preliminary and intermediate products sent for correction. The risk of any errors is transferred to the client with the
release for printing/declaration of readiness for production, provided that the errors are not the result of the manufacturing
process following the release for printing/declaration of readiness for production or
could be recognized. The same applies to all other release declarations by the client.
9.2 If goods delivered by the supplier have a material defect at the time of the transfer of risk, the latter has the right to
initially provide supplementary performance. The supplier has the right to choose whether to provide supplementary
performance either by eliminating the defect or by delivering a defect-free item. However, if the supplementary performance
fails, the customer has the right to reduce the payment or, at his option, to withdraw from the contract.
9.3 In the case of color reproductions in all manufacturing processes, minor deviations from the original
cannot be objected to. The same applies to the comparison between other templates (e.g. digital proofs, proofs)
and the end product.
9.4 Deliveries (also data carriers, transmitted data) by the customer or by a third party engaged by him are not subject
to an inspection obligation on the part of the supplier.
This does not apply to obviously unprocessable or illegible data. In the case of data transmissions, the client
must use state-of-the-art protection programs against computer viruses before transmission. Data backup is the sole
responsibility of the customer. The supplier is entitled to make a copy. The client is obliged to comply with the regulations
of the Federal Data Protection Act.
9.5 Excess or short deliveries of up to 10% of the ordered edition cannot be objected to. The customer will be billed and
paid for the quantity delivered.
9.6 Deviations in the quality of the material cannot be objected to if they are declared permissible in the delivery conditions
of the paper and cardboard industry or if they are based on differences between the proof and the edition caused by the
printing technology. The supplier is only liable for lightfastness, variability and deviations in color and for the quality of rubber
coating, paintwork, impregnation, etc.
as defects in the materials were recognizable prior to their use with proper testing.
9.7 Unless otherwise agreed, the statutory warranty provisions apply.
10. Liability
10.1 Crete on-time excursions is only liable for damage that it or its vicarious agents cause intentionally or through gross
negligence. This also applies to damage resulting from a positive breach of contract or an unlawful act.
10.2. Works and templates are sent and returned at the risk and for the account of the client.
10.3. With the acceptance of the order, the client assumes responsibility for the correctness of the text and image.
10.4. Crete on-time excursions is not liable for competition and trademark rights
Admissibility and registrability of his designs and other design work.
10.5. The client assures that he is entitled to use all templates provided to Crete on-time excursions and that
these templates are free of third-party rights. If, contrary to this assurance, he is not entitled to use the templates or if
the templates are not free of third-party rights, the customer shall indemnify Crete on-time excursions internally from all
third-party claims for compensation.
10.6 The content of the links placed by Crete on-time excursions on its own website or on those of clients has nothing
to do with the opinion of Crete on-time excursions. Crete
on-time excursions was neither involved in the creation of the external appearance nor in the creation of the
content of the or identifies with it, unless they are commissioned productions, which are then also recognizable
as such. However, Crete on-time excursions also rejects any liability for their content.
10.7. Complaints and complaints of any kind must be made in writing to Crete on-time excursions within two
weeks of delivery. Thereafter, the work is deemed to have been accepted in accordance with the contract and free
of defects.
11. Proofs and proofs
Proofs and proofs are to be checked by the customer for typesetting and other errors.
Any changes must be communicated to the supplier in writing. Changes made by telephone must be confirmed
in writing. After the changes have been made, the supplier must be given a written declaration of readiness for printing.
Errors overlooked by the client are at his expense; any costs incurred as a result will be charged to him. Changes that
cause costs after printing approval, such as machine downtime, loss of work, loss of production, overtime, additional
material consumption, etc. are at the expense of the client. The customer is responsible for errors in the copy templates
provided by the customer.
12. Insurance, keeping and storing Manuscripts, artwork, photo prints, slides, raw materials, semi-finished
and finished products, etc. are only kept by the supplier after prior agreement and only against separate payment
beyond the time of delivery of the goods. Should the client wish to insure the above items against water, fire, theft,
vandalism and/or other hazards, he must obtain insurance himself and at his own expense.
13. Pattern
Pattern of any kind, e.g. B. Drafts, dummy samples, test prints, etc., will be charged even if the order has not been
placed.
14. Periodic Works
Unless otherwise agreed, contracts for regularly published or other recurring work or magazines can only be
terminated by both contracting parties with a notice period of six months to the end of a calendar half-year. The
termination must be in writing. The mutual right to extraordinary termination without notice for good cause remains
unaffected.
15. Copyright and Use Rights
15.1 The client is responsible for ensuring that no third-party rights, in particular no third-party copyrights, are
infringed upon by the execution of his order and the use of the services provided. The client is solely liable if the
execution of his order or the use of the services provided violate the rights of third parties, in particular copyrights. The
customer must indemnify the supplier against all claims by third parties due to such a violation of rights and against all
costs incurred in this connection or reimburse any costs incurred.
15.2. The preliminary drafts, proposals, final artwork and texts for both print and
Web products may not be changed in the original or in the reproduction without the express consent of Crete on-time
excursions. Any total or partial imitation is prohibited.
15.3. In the event of a breach of point 1.1. the client has to pay Crete on-time excursions a contractual
penalty of 200% of the agreed remuneration.
15.4. Crete on-time excursions transfers the rights of use required for the respective purpose to the
customer. Unless otherwise agreed, only the simple right of use is transferred. In any case, Crete on-time excursions
remains entitled, even if the exclusive right of use has been granted, to use its drafts and copies thereof within the scope
of self-promotion (see also draft usage fee).
15.5. Passing on the rights of use to third parties requires a written agreement between Crete on-time excursions
and the client. The rights of use are only transferred to the client after the remuneration has been paid in full.
15.6. Crete on-time excursions has the right to be named as the author on the copies (hard and soft copies). If
the client violates the right to be named, he is obliged to pay Crete on-time excursions a contractual penalty of
100 % of the agreed remuneration to be paid. This does not affect the right of Crete on-time excursions to claim higher
damages in the event of a specific damage calculation.
16. Third Party Services / Termination
16.1. Crete on-time excursions is entitled to order the external services necessary for the fulfillment of the
order from another company in its own name, so to speak as an intermediary. The terms and conditions of the
third-party provider now apply to the customer.
16.2. Insofar as contracts for external services are concluded in the name and for the account of Crete on-time
excursions in individual cases, the client is obliged to indemnify Crete on-time excursions internally from all liabilities
resulting from the conclusion of the contract, in particular from the obligation to pay the price for the external service.
17. Privacy
The client agrees that the data stored about him within the scope of the purpose of the respective order
(order processing and billing) will be processed by EDP. Otherwise, the provisions of the Federal Data Protection Act
(BDSG) apply in full, even insofar as data storage, data transmission, data modification and/or data use is permitted
without the consent of the person concerned.
18. Place of Performance, Place of Jurisdiction, Effectiveness
18.1 The place of performance for all obligations arising from the delivery transaction is the supplier's registered office.
18.2 German law applies to the contractual relationship. UN sales law is excluded.
18.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the
remaining provisions.
Copyright © 2022 Template by Inovatik
Webdesign: PANGRAFIK | Mediendesign Matthias Zwickl