General Terms and Conditions (GTC) of Die Becherfabrik

The General Terms and Conditions of Die Becherfabrik (hereinafter: “GTC”) consist of General Conditions (hereinafter: “General Conditions”) and Special Conditions (hereinafter: “Special Conditions”). The Special Conditions apply to the products and services listed below and take precedence. The General Conditions apply insofar as no provisions are made in the Special Conditions. If the Special Conditions only partly regulate an issue, the General Conditions apply additionally for the remainder.
If in these GTC only the masculine form is used, this is solely for reasons of simplification — the wording equally applies to all genders.

§ 1 Scope, Subject Matter of Contract, Language

(1) All products and services offered by Die Becherfabrik to customers (hereinafter: “Customer”) are subject to these General Conditions. Excluded are value vouchers, for which separate voucher conditions apply.

(2) Regarding the details of an offer of a product or service, reference is made to the product description on the respective offer page or to an offer submitted to the customer.

(3) These GTC apply exclusively for conclusion of contracts for products and services (including optionally bookable services in the ordering process) via online shops, online presences or individual orders operated by Die Becherfabrik.

(4) The customer’s general terms and conditions do not apply at any time, even if we do not explicitly object to them.

(5) The general terms and conditions of third parties, to which we refer in these GTC or in the course of order processing, apply only insofar as we have adopted them. In case of contradictions, our GTC take precedence. If third-party conditions should apply, this will be explicitly pointed out.

(6) Contracts with customers are concluded exclusively in the German language.

§ 2 Conclusion of Contract, Contract Text, Client, Term for Ongoing Obligations, Subsequent Changes

(1) Conclusion of contract depends on whether the contract is made via the online shop or via request form, e-mail or individual order.

(2) Contract via Online Shop
a. Our offers in the shop are non-binding, subject to change, and constitute an invitation to submit an offer.
b. The customer places the desired products in the shopping cart, enters the required data (in case of registration or guest checkout), and accepts these GTC. By clicking “Buy now” (or equivalent button), the customer submits a binding offer to purchase.
c. The customer may correct input errors at any time prior to submitting the order.
d. For certain payment methods (e.g. prepayment), the order alone — followed by immediate confirmation e-mail — constitutes acceptance of the offer by Die Becherfabrik. For other payment methods, acceptance occurs only after receipt of payment or successful payment confirmation.

(3) Contract via Request Form, E-Mail or Individual Order
a. After receiving a request from the customer (via form on our website, by phone or e-mail), we send an offer by e-mail. This offer contains a reference to these GTC and constitutes our binding offer. Unless otherwise specified, the offer is valid for 7 business days.
b. The customer accepts the offer by written confirmation (e.g. e-mail) within the validity period.
c. After acceptance, we send a confirmation e-mail.

(4) We store the contract text and send the order details to the customer by e-mail. If the customer has an account, past orders remain visible — but without the version of the GTC valid at the time of order.

(5) For customers who qualify as entrepreneurs under § 14 BGB, special rules apply depending on the order (e.g. delivery to third parties, assignment of payment claims).

(6) Changes to an order by the customer after order acceptance are only possible on the basis of a separate agreement with Die Becherfabrik.

Notes / Legal Advice on Use of GTC

• General Terms and Conditions help standardize recurring business processes — but they are legally binding and must be formulated in a transparent, understandable way. (Firma)

• GTC must not contain unfair clauses that unreasonably disadvantage the consumer; laws such as §§ 307 ff. BGB protect consumers against such clauses. (Firma)

• To ensure clarity, it’s often advised to keep privacy / data protection statements separate from GTC — e.g. publish them in a separate document. (ap-fachuebersetzungen.de)

Special Conditions for Print & Production Orders

These Special Conditions apply in addition to the General Conditions of Die Becherfabrik and take precedence where specifically regulated below. Where no regulation is made, the General Conditions apply additionally.

§ 1 Print Data & Professional Data Check

(1) The client must supply the printing/data files in the file formats specified by Die Becherfabrik and in print-ready quality. All technical specifications such as resolution, color space, bleed/trim, and other requirements must be strictly followed.

(2) The data provided by the client (or by a third party engaged by the client), including physical media or transmitted files, are not automatically subject to a review obligation by us — unless a separate “Professional Data Check” has been explicitly agreed. Otherwise, the customer bears responsibility for correctness and processability of the data. We accept no liability for faulty, corrupted or non-processible data — except in cases of obviously unreadable or technically unprocessable data, or clear gross defects.

§ 2 Production-Related Particularities & Tolerances

(1) In all manufacturing processes, minor deviations compared to other orders or individual items may occur. These are not considered defects and cannot be grounds for complaint. In particular:

• Minor colour deviations between different orders or within the same order (e.g. between sheets, or between inside and cover for magazines or booklets).

• Slight cutting or folding tolerances / deviations from the final format (e.g. for pockets/folders, booklets, napkins, promotional‐print items etc.).

• Slight misalignment of finishes or refinements like spot-UV varnish, hot foil stamping or embossed varnish (e.g. shift up to approx. 0.3 mm).

• Slight printing-plate registration deviations (e.g. up to approx. 0.08 mm).

(2) During finishing or further processing (e.g. folding, binding, laminating), material properties (paper grain direction, tension, gluing, lamination etc.) may lead to slight irregularities — e.g. minimal warping, small variations in stiffness or feel. Such material or processing-related variances are technically unavoidable and do not constitute a defect or justification for complaint.

§ 3 Quantity Variations on Delivery

(1) For deliveries to a single address: over- or under-deliveries up to 5 % of the ordered quantity are permissible and shall not be considered a reason for complaint — e.g. due to spoilage, makulature, setup sheets, machine waste, trimming waste etc.

(2) For deliveries to multiple addresses: the 5 % tolerance applies per delivery address. Production-related waste (setup sheets, trimming waste, machine preparation waste etc.) is counted within the permissible deviation.

§ 4 Limitation of Liability for Material Deviations

In case of deviations in the quality or properties of the material used, Die Becherfabrik’s liability — to the extent legally permissible — is limited to the value of the order. Any further liability for material deviations is excluded.