Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts, deliveries and services of Tengler Druck GmbH (hereinafter the “Provider”) towards its customers. (2) They apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. (3) Conflicting terms of the customer or terms deviating from these GTC are not recognised unless the Provider expressly agrees to their validity in writing. (4) Amendments, additions or verbal commitments are binding only if confirmed by the Provider in writing.
§ 2 Offer and Conclusion of Contract
(1) The presentation of products on the website does not constitute a binding offer but an invitation to submit an enquiry. (2) The Provider’s offers are subject to change and non-binding. (3) The contract is concluded upon the Provider’s written order confirmation or upon execution of the order. (4) The minimum order quantity stated in the respective offer is decisive. (5) For quantities or special requirements not listed in a price list, the Provider prepares individual offers upon request.
§ 3 Prices and Pricing Basis
(1) The prices stated in the offer, the order confirmation or the price list in force at the time apply. As of the start of their validity, price lists supersede earlier prices and agreements; changes to prices and conditions are reserved. (2) All prices are net, plus the statutory value added tax in force at the time. Unless otherwise agreed, prices per 1,000 units refer to one product and one design within the print run. (3) Unless otherwise agreed, costs for tools, clichés and embossing dies as well as set-up and preliminary costs are charged separately. Set-up and preliminary costs apply per product and per design. (4) Where stated, freight costs refer to the total quantity within Germany, excluding islands.
§ 4 Printing, Colours and Product Information
(1) CMYK prices apply only to printing on the outer shell of boxes and the outer side of matchbooks. Printing on other surfaces, in particular on the inside of matchbooks or on cardboard matches, is charged per colour according to the offer or price list. (2) Pantone Metallic colours (PMS 8xx/10xxx) and HKS 98/99 count double, Pantone Neon colours (PMS 9xx) triple. (3) The Provider reserves the right to further develop and adapt products technically or in terms of design, provided this is reasonable for the customer. All dimensions and content specifications are approximate. (4) Product images may show options subject to a surcharge and need not correspond to the respective standard version.
§ 5 Payment Terms
(1) First orders are made against advance payment. For subsequent orders, the payment term is, subject to creditworthiness, 30 days net from the invoice date. (2) All bank charges incurred are borne by the customer. (3) In the event of default of payment, the Provider is entitled to charge default interest of 9 percentage points above the base rate of the Deutsche Bundesbank. The assertion of further damages is reserved.
§ 6 Delivery and Transfer of Risk
(1) Deliveries are made Free Carrier (FCA Ingolstadt in accordance with Incoterms) unless expressly agreed otherwise. Upon request, the Provider arranges shipping against charge, generally DAP place of destination. (2) Delivery dates, delivery periods and quantities are non-binding unless expressly agreed as binding. Damages or withdrawal due to delay in delivery shall only be considered after expiry of a reasonable grace period of at least six weeks if no delivery is made within this period. (3) Partial deliveries are permissible to a reasonable extent. (4) Risk passes to the customer upon handover of the goods to the forwarder or carrier. (5) Force majeure and disruptions for which the Provider is not responsible extend delivery periods appropriately.
§ 7 Quantity Tolerance
For custom-made products, production-related over- or under-deliveries of up to 5% of the ordered quantity are permissible. The quantity actually delivered is invoiced.
§ 8 Print Data, Approval and Third-Party Rights
(1) The customer provides print-ready data in accordance with the Provider’s technical specifications. (2) The customer is responsible for the accuracy of the content of the transmitted data and artwork and ensures that no third-party rights (in particular trademark, copyright or personality rights) are infringed. In this respect, the customer indemnifies the Provider against third-party claims. (3) Before the start of production, the customer receives a proof by email documenting the print details. Production begins only after approval by the customer. With the print approval, the customer assumes responsibility for the approved content. (4) For repeat orders without changes, no renewed approval is obtained. (5) Customary deviations due to printing technology (e.g. in colours, material or natural products) do not constitute a defect.
§ 9 Printed Proofs
The Provider offers printed proofs on request and against surcharge. They are generally dispatched within 10 working days of print approval.
§ 10 Tools and Clichés
Tools, clichés and embossing dies remain the property of the Provider even if charged separately, unless expressly agreed otherwise.
§ 11 Retention of Title
The delivered goods remain the property of the Provider until full payment of all claims arising from the business relationship.
§ 12 Warranty and Notice of Defects
(1) The customer must inspect the goods immediately upon receipt and report recognisable defects in writing without delay, at the latest within 10 days of receipt. Samples or photos must be attached to the complaint. (2) Transport damage must be reported to the supplier immediately and noted on the delivery note. (3) In the case of justified defects, the Provider provides subsequent performance at its option by rectification or replacement delivery. (4) Customary or technically unavoidable deviations do not give rise to claims for defects.
§ 13 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. (2) In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract. (3) Any further liability is excluded.
§ 14 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) The place of performance and exclusive place of jurisdiction for all deliveries, payments and disputes is — to the extent legally permissible — Ingolstadt. (3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: valid from 01/01/2025