|General Business Principles
These General Business Principles are valid for all contracts, deliveries and other
achievements. Divergent regulations of the contract partners/buyers we contradict
explicitly. All other agreements need a written validation from us. We have at any time
the full right to change or zu complete these General Business Principles including of all
possible appendixes within an adequate period. Before incoming orders become worked on by
the until that point in time still valid old General Business Principles.
Our offers are subject to change. Some little divergences or technical changes to our
reproductions or descriptions are possible. Offers are valid for three month since the
3. Delivery and Payment
In principle result achievement and delivery after incoming of the payment. Sums in
invoices are to pay immediately and without deductions. All our prices contain the
statutory value added tax. All deliveries come per mail to the given adress. The costs for
mail are separatly mentioned in offers and bills.
4. Unwind of the Contract
The prospective buyer expresses his interest in one or more products of our company. This
comes up in principle by forms, placed on the web pages of our company, or even in verbal
or other written shape. We prepare an offer as a result of that, which in principle comes
to the prospective buyer by e-mail. Is the prospective buyer pleased about the offer he
activates the order in writing shape (e-mail, fax). I this way the prospective buyer
becomes contract partner/buyer (in the following text called client).
Sometimes the price is already fixed (depending on which product it
is). This eliminates the offer and the by form notified interest becomes directly an
order. Because of that order gets prepared an invoice which reaches the client by e-mail
or by letter. Is the due sum transfered by the client (advance payment), we start on our
part due works. Come these to an end could follows a correction phase. On its end the
client gives the product explicitly free for the production. At finished products, e.g.
books or screen print flags occurs no correction phase.
4.1. Unwind of the Contract and payment in cash business
The prospective buyer expresses his interest in one or more products
of our company. This comes up in principle by forms, placed on the web pages of our
company, or in verbal or other written shape. We prepare an offer as a result of that
(despite possibly known prices), which in principle comes to the prospective buyer by
e-mail, but also verbal or by telephone. Is the prospective buyer pleased about the offer
he activates the order in writing shape (e-mail, fax) or verbal or by telephone. I this
way the prospective buyer becomes contract partner/buyer (in the following text called
client). Because of the order the wished product becomes produced. The client gets the
ware after finish of the make (the client will get a notice) at our store address. The
payment follows cash and for invoice. Sums in invoices are to pay immediately and without
deductions. All our prices contain the statutory value added tax. Point 6 of this General
Business Principles is in in cash business valid in useful changed form, point 8 is not
valid in in cash business.
4.2. Business Transactions with foreign Countries
In principle we ship abroad not until the arrive of the payment (in
Euro). Sums in invoices are to pay immediately and without deductions. All our prices
contain the statutory value added tax. All deliveries come to the given adress. Delivery
is by mail order. "Intra-Community supplies" without VAT are feasible, if the
conditions of § 6a sales tax law (VAT Law) are given.
4.3. Unwind of the Contract and Payment for finished
products (e.g. books, screen print flags, displays)
The buyer buys directly one or more book-products of our company.
This comes up in principle by forms, placed on the web pages of our company, or in verbal
or other written shape. I this way the buyer becomes contract partner/buyer (in the
following text called client). Because of that order is prepared an invoice which reaches
the client by e-mail or by letter. Is the due sum transfered by the client (advance
payment) starts the delivery. In the case of a book in "Printing on Demand" the
production comes first.
"Printing on Demand" means, that
the production starts only for an order. From there are some longer deliverytimes are
possible. We beg in this cases for appreciation! The essential plus of "Printing on
Demand" is its absolute topicality. When ever you order, you will always get products
in the nearly newest level.
5. Time for supply
The because of an order of a client especially to make ware is in principle no storage
ware. It becomes specifical finished because of the desires of the clients. From there is
possible a time for supply from about 10 or 20 days of work from the release of the
production by the client, additionally depend from the time for supply of the postal
services. We effort anyhow for fastest as possible delivery.* If the planned time for
supply becomes oversteped because of "Higher Power", strike, unforeseeable
hindrances or other from us not to justify circumstances, becomes the time adequately
extended. If the time for supply oversteped because of other reasons as the above
mentioned is the client eligibled to set a new time (in writing) with threat of rejection
and after its unsuccessful termination to withdraw from the contract regarding delivery or
performance. Is the fail of the delivery caused in inability of the producer or of our
purveyors, so can we and the client withdraw from the contract if the arranged date for
supply is oversteped for more then two month. Claims for reconstitution because of delay
or impossibility or non-compliance, also such which came up until the withdrawal from the
contract are absolutely impossible, except the case that a representative of our company
did act willfully or very negligently.
* Stock should arrive within two weeks
6. Revocation instructions, Withdrawal rights
(according to legal regulation to Revocation and Withdrawal from
13th of June in 2014)
You have the right to cancel this contract within fourteen days
without giving any reason. The withdrawal period is fourteen days from the date on which,
you have taken possession of the goods, you or a third party named by you, which is not
the carrier; or, in the case of a contract for several goods that were ordered under a
single order and delivered separately: on the day on which you or a third party named by
you, which is not the carrier, have taken possession of the final goods; or, in the case
of a contract for the delivery of a good consisting of multiple lots or pieces: on the day
when you, or a third representative of your choice, who is not the carrier, have taken
physical possession of the last goods or the last piece. To exercise your right of
cancellation, you have to notify us
by a clear statement (eg a consigned by post mail, fax or email) of
your decision to withdraw from this contract. You can in this way fill out and submit the
withdrawal-form or any other unequivocal statement on our website [www.painanta.com]
electronically. Do you make use of this opportunity, we will forward to you immediately
(eg by e -mail) the confirmation of the receipt of such a withdrawal. To observe the
revocation period it is just sufficient for you to send the message about the right of
withdrawal before the withdrawal deadline.
Effects of withdrawal:
If you withdraw from this contract, we give you all the payments back that we have
received from you, including delivery costs (with the exception of the additional costs
arising from the fact that you have chosen a type of delivery other than that offered by
us expensive type of standard delivery have), and must be repaid immediately at the latest
within fourteen days from the date on which the notice is received through your
cancellation of this contract with us. For this repayment, we use the same method of
payment that you used for the initial transaction, unless you explicitly agreed otherwise;
in any case you will be charged fees for this repayment. We may withhold the reimbursement
until we have received the goods back or until you have demonstrated that you have
returned the goods, whichever is the earlier. You have to return the goods promptly and in
any event not later than fourteen days from the date on which you notify us of the
cancellation of this contract to us or to pass. The successful reach is taken if you send
back the goods before the period of fourteen days. You bear the direct cost of returning
the goods. The cost is estimated at a maximum of about 10 EUR. You only need to pay for
any diminished value of the goods, if the deterioration in value is due to a not necessary
to ascertain the nature, characteristics and functioning of the goods dealing with them.
The obligation to pay compensation for a determination by the proper use of the thing can
be avoided by not using the goods as property in use and also omitting everything, which
impairs their value.
The ensuring is given by the valid law. With this is ensured that the saled ware is free
from mistakes in material and fabrication in the juncture of changeover of jeopardy and
has the by the contract warranted quality. If the ware arrives the client has to inspect
it immediately for defects and quality. In the case of exposed defects these have to
report written within 10 days after their detection, just as hidden defects. Otherwise
expires the ensuring for these defects.* In the case of complaint the data of
purchase is to prove with the invoice. The complained ware has to send back adequately
postpaid together with a copy of the invoice. The ensuring includes not the normal
attrition or erosion. The ensuring expires if the client changes the arrived ware. The
client has the right for gratuitous repair or correction within the time of ensuring. A
partial or complete exchange of the ware is admissible. Become the defects not repaired or
corrected within a by the client given adequate period, the client has the right for
change or reduction. In Germany is valid in such cases the Civil Code § 476a.
* In the conventional, in the Far East mass-produced
screen printing flags (which are also directly selled from painanta.com), can very rarely
- due to technical reasons - occur small splashes or variations of colour, as well as
minor deficits in the processing, structure or size. They do not constitute as defects.
Screen printing flags become explicitly named in offers and invoices as such.
8. Mass Tolerances
The in trade usual and by the produktion dependent tolerance of 10 % up from 20 pieces is
to take into account.
9. Changeover of Jeopardy
The jeopardy changes over to the client, with the handing over of the goods.
10. Reservation of Ownership
In the case of advance payment there is no reservation of ownership. Otherwise is valid:
Until the complete payment the ware remains as property of our company painanta.com,
owner: Volker Preuss.
11. Storage of Client's Data
Following the § 28 of the German Federal Data Protection Law (BDSG) we point out, that
the in the process of business necessary data become used and storaged by computers in
accordance with § 33 BDSG. Personal data will be treated in accordance with our Privacy
Policy (see attached the Privacy statement).
12. Copyright, Confidentiality, Business Violations, Liability
We are not responsible for damages which come up to the client by using of our products.
We give no guaranty for correctness, completeness or efficacy of the produced motives. We
produce or supply exclusively in accordance with the guidelines and intensions of our
clients. Because of that we are not responsible if the rights of others become injured by
our work. If we injure the right of others because of the guidelines of our clients, so
copyrights, rights in business or similar rights, we have the right in the case of
utilization to hand over all the from it arising costs to our clients. With the give of
the order to us, the client obligeds hisself to exempt us precautionary from the
utilization by others.
In all quarrels coming from the contract relationships are solely assigned the laws of the
Federal Republic of Germany. Jurisdiction is Koblenz.
Waldesch, 19th of September in 2015
We use the data you provide to fulfill and process your order. A
transfer of your data to a company is possible with the production or delivery, just if it
necessary for the production and or the delivery of the goods. For the payments, your
payment details may be transfered to our bank. A transfer of your data to other, third
parties, or use for marketing purposes does not occur. With the full implementation of the
contract and with the full payment, your data will be blocked for further use and become
deleted following the requirements of the tax and commercial law. We secure our systems
through technical and organizational actions against loss, destruction, access,
modification or distribution of your data by unauthorized persons. Despite regular checks,
a complete protection against all threats is not possible. You have a right to free
information about your stored data, and a right to rectification, blocking or erasure of
data. For questions about the collection, processing or use of your personal data, for
disclosure, correction, blocking or deletion of personal data, please contact us: