Terms and conditions

§ 1 Scope of Application

(1) All deliveries, services and offers of Labelident GmbH (hereinafter referred to as "Labelident") are exclusively based on these general terms and conditions. They are part of all contracts which Labelident concludes with its contractual partners (hereinafter also referred to as "you") concerning the deliveries or services offered by Labelident. They also apply to all future deliveries, services or offers, even if they are not separately agreed again.

(2) Your terms and conditions or the terms and conditions of third parties do not apply, even if Labelident does not separately object to their validity in individual cases. Even if Labelident refers to a letter which contains your terms and conditions or those of a third party or refers to such, this does not constitute an agreement with the validity of those terms and conditions.

(3) Our offer is exclusively directed to entrepreneurs from industry, trade, craft, commerce and self-employed professionals as well as public clients. In addition to the verification of your entrepreneurial status within the framework of the ordering process, we are entitled to demand proof of your entrepreneurial status through the presentation of suitable and current documents, e.g. extract from the commercial register or business registration.

(4) The negotiation and contract language is German. An English translation of these general terms and conditions of business is also available. In the event of discrepancies, the German version is decisive. The same applies to all individually concluded agreements. The contract text is not saved by us.

 

§ 2 Offer and conclusion of contract

(1) All offers made by Labelident are subject to change without notice and are non-binding unless they are expressly marked as binding or contain a specific deadline for acceptance. This applies in particular to our presentations in the online shop and catalog. Labelident can accept orders within two days after receipt.

(2) In the online shop you can select products from the assortment and place them first without obligation in the so-called "shopping cart". Before sending your binding order you can correct your entries at any time by using the correction aids explained for this purpose in the order process. By clicking the order button, you place a binding order for the products in the shopping basket.

(3) In case of an order in the online shop Labelident will send you an automatic order overview by email in which your order is listed again. You have the possibility to print your order by using the function "print". With your order you confirm that the contract is made in the exercise of your commercial or independent professional activity. The automatic order summary merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by Labelident, which takes place with a separate e-mail, by fax, by post or with the dispatch of the goods.

(4) Solely authoritative for the legal relationship between the contracting parties is the purchase contract concluded in writing, including these General Terms and Conditions This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal promises made by Labelident prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they continue to be binding.

(5) Information provided by Labelident on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Deviations customary in the trade and deviations which occur due to legal regulations or which represent technical improvements as well as the replacement of components by equivalent parts are permissible as far as they do not impair the usability for the contractually intended purpose.

(6) Labelident retains ownership or copyright of all offers and cost estimates made by it as well as drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids provided. You are not allowed to make these items accessible to third parties as such or in terms of content, to make them known, to use them yourself or through third parties or to reproduce them without Labelident's express consent. Upon request you have to return these objects completely to Labelident and to destroy any copies made if they are no longer needed by you in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Excluded from this is the storage of electronically provided data for the purpose of usual data backup.

 

§ 3 Prices and payment

(1) The prices stated are net prices and apply to the scope of services and deliveries listed in each case plus shipping costs. Additional or special services shall be charged separately. The prices are in EUR ex works plus packaging, the statutory value added tax, in case of export deliveries customs duty as well as fees and other public charges. In case of partial deliveries Labelident can demand a pro rata payment.

(2) Each party is entitled to demand price negotiations due to changed market conditions. The parties understand changed market conditions as a change in the wholesale price index of the Federal Statistical Office by 10 (in words: ten) percent compared to the same month of the previous year. If no agreement is reached in these negotiations, the parties shall each be entitled to remove the products concerned from the agreed product catalog. If the agreed prices are based on the list prices of Labelidents and the delivery is to take place more than four months after conclusion of the contract, the list prices of Labelidents valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).

(3) The following payment methods are available in our shop:

Prepayment:

If you select the advance payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Paypal Plus:

Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

Invoice:

You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to carry out the purchase on account only after a successful credit check.

(4) Decisive for the date of payment is the date of receipt at Labelident. Payment by cheque is excluded. If you do not pay on the due date, the outstanding amounts are subject to interest from the due date at 5% above the base rate p.a.; the assertion of higher interest and further damages in case of default remains unaffected. Additionally Labelident is entitled to charge you a lump sum of 40 €.

(5) The set-off with counterclaims or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or legally binding or result from the same order under which the respective delivery was made. You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.

(6) Labelident is entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, Labelident becomes aware of circumstances which are likely to substantially reduce your creditworthiness and which jeopardise the payment of Labelident's outstanding claims by you from the respective contractual relationship (including from other individual orders to which the same framework contract applies).

(7) You consent to the transmission of all invoices by e-mail. This consent may be revoked at any time.

(8) (Partial) refunds to which you are entitled in the case of returns will be refunded to you via the same means of payment via which the payment was originally made.

 

§ 4 Delivery and delivery time

(1) The delivery times are listed under the articles in the online shop.

(2) If the product ordered by you is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately in the order confirmation. We are thereby released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse them to you without delay. Subject to self-delivery, we will ensure prompt delivery. If part of the order cannot be delivered immediately because we are not supplied in time by our reliable supplier through no fault of our own, despite the placement of a congruent order, we will subsequently deliver the remaining goods without charging the shipping costs again, insofar as this is reasonable for you.

(3) The goods can be collected by the customer at our location Parisstraße 5, 97424 Schweinfurt, Germany during the following business hours: Monday to Friday from 8:00-17:00, except on public holidays. Please inform us at least two hours before your collection so that the goods can be made available.

(4) We do not deliver to packing stations. Packaging which is covered by § 15 I VerpackG will only be taken back at Labelident's location. The transport costs incurred are to be borne by the customer.

(5) If you do not fulfil your contractual obligations towards Labelident or do not fulfil them in time, the delivery or service period will be extended accordingly. The rights from delay remain unaffected.

(6) Labelident is not liable for impossibility of delivery or for delays in delivery, as far as these are caused by force majeure or other events which were not foreseeable at the time of conclusion of the contract (e.g. disruptions of any kind, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the lack of, incorrect or untimely delivery by suppliers, new or continuing pandemics and epidemics, virus variants) for which Labelident is not responsible. If such events make the delivery or service considerably more difficult or impossible for Labelident and the hindrance is not only of temporary duration, Labelident is entitled to withdraw from the contract. In case of hindrances of temporary duration the delivery or service deadlines are extended or the delivery or service deadlines are postponed by the period of the hindrance plus a reasonable start-up period. As far as you cannot be expected to accept the delivery or service due to the delay, you can withdraw from the contract by immediate written declaration to Labelident. You have to explain the circumstances.

 

§ 5 Custom-made products

(1) Custom-made products according to your specifications have to be ordered in writing or in the online shop. The compliance with possible regulations will not be checked by Labelident. The following applies to custom-made products: Excess or short deliveries of up to 10 % of the ordered quantity cannot be objected to. The delivered quantity will be charged.

(2) We exclude any liability if rights, in particular copyrights of third parties, are infringed by the execution of your order. You shall indemnify us against all claims of third parties on account of such an infringement of rights by placing the order on first demand.

(3) The films, templates, lithographs, punching tools, digitalisations, files and the like used by us for the production of the special design remain the property of Labelident, even if they are charged to you separately, and will not be delivered. We are not obliged to keep films, digitalisations, tools or similar for longer than 6 months.

 

§ 6 Place of Performance, Dispatch, Packaging, Transfer of Risk, Acceptance

(1) Labelident delivers according to Incoterms 2020 DAP. The shipping costs can be found on the website depending on the place of dispatch and the weight of the goods. The mode of dispatch and the packaging are subject to Labelident's dutiful discretion.

(2) Otherwise, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies among merchants. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

§ 7 Warranty, material defects

(1) The warranty period shall be one year from the handover of the purchased item, also for claims for compensation for consequential damage. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. In the event of timely and justified complaints, we shall, at our discretion, either replace the goods free of charge or remedy the defect. In the case of obvious defects, the complaint shall be deemed to have been made within the time limit if it is made without delay, but no later than 21 days after receipt of the delivery. In the case of hidden defects, these must be notified in writing without delay, but no later than 24 months after delivery.

(2) If a defect cannot be remedied either by our repair or by a replacement delivery, or if we are not prepared to do so after being requested to do so, you may demand a reduction in the purchase price or withdraw from the purchase contract. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, you may withdraw from the contract or reasonably reduce the purchase price.

(3) Insofar as acceptance is required, the warranty period shall be one year from delivery. This period does not apply to claims for damages arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by Labelident or its vicarious agents, which are each subject to the statutory limitation period.

(4) Assurances and guarantees are only validly given if we grant them expressly and in writing. In particular, information in catalogues (or in the online shop), price lists or other information material provided to you by us as well as information describing the product are in no way to be understood as guarantees for a particular quality of the goods.

(5) At Labelident's request a rejected delivery item is to be returned to Labelident freight prepaid. In case of a justified complaint Labelident will reimburse the costs of the most favourable shipping route; this does not apply if the costs increase because the delivery item is located at a place other than the place of intended use.

(6) If a defect is due to Labelident's fault, you can demand compensation under the conditions specified in § 8.

(7) In case of defects of components of other manufacturers, which Labelident cannot remedy for licensing or factual reasons, Labelident will, at its option, assert its warranty claims against the manufacturers and suppliers for your account or assign them to you. Warranty claims against Labelident exist in case of such defects under the other conditions and according to these general terms and conditions only if the legal enforcement of the above mentioned claims against the manufacturer and supplier was unsuccessful or is futile, e.g. due to insolvency. During the duration of the legal dispute the limitation of the respective warranty claims against Labelident is inhibited.

(8) The warranty does not apply if you modify the delivery item or have it modified by a third party without Labelident's consent and the elimination of the defect becomes impossible or unreasonably difficult as a result. In any case you have to bear the additional costs of remedying the defect resulting from the modification.

(9) Any delivery of used items agreed with you in individual cases shall be made to the exclusion of any warranty for material defects.

 

§ 8 Liability for damages due to fault

(1) Labelident's liability for damages, no matter for which legal reason, especially for impossibility, delay, defective or wrong delivery, breach of contract, breach of duties during contract negotiations and unlawful act is limited according to this paragraph as far as it is permissible.

(2) Labelident is not liable in case of simple negligence of its organs, legal representatives, employees or other vicarious agents, as far as it is not a violation of essential contractual obligations. Essential contractual obligations are the obligation to deliver and install the delivery item in time, its freedom from defects of title as well as such material defects which impair its functionality or usability more than insignificantly, as well as consulting, protection and care obligations which are intended to enable you to use the delivery item in accordance with the contract or which are intended to protect the life and limb of your personnel or to protect your property from considerable damage.

(3) As far as Labelident is liable for damages according to § 8 (2), this liability is limited to damages which Labelident foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or which we should have foreseen by exercising due care. Indirect damages and consequential damages which are the result of defects of the delivery item are also only compensable insofar as such damages are typically to be expected when using the delivery item as intended.

(4) In the event of liability for simple negligence, Labelident's liability to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to the typical foreseeable damage, even if this involves a breach of material contractual obligations.

(5) The above exclusions and limitations of liability apply to the same extent in favour of Labelident's organs, legal representatives, employees and other vicarious agents.

(6) As far as Labelident gives technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by Labelident, this is done free of charge and under exclusion of any liability.

(7) The restrictions of this § 8 do not apply to the liability of Labelident because of intentional behaviour, for guaranteed characteristics, because of injury of life, body or health or according to the product liability law.

 

§ 9 Industrial Property Rights

(1) In accordance with this § 9 Labelident guarantees that the delivery item is free of industrial property rights or copyrights of third parties. Each contracting party will immediately inform the other contracting party in writing if claims are asserted against it due to the infringement of such rights.

(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, Labelident will, at its option and at its expense, modify or replace the delivery item in such a way that no rights of third parties are infringed any more, but the delivery item continues to fulfil the contractually agreed functions, or procure the right of use for you by concluding a licence agreement with the third party. If Labelident does not succeed in doing so within a reasonable period of time, you are entitled to withdraw from the contract or to reduce the purchase price appropriately. Possible claims for damages are subject to the limitations of § 8 of these general terms and conditions. In the case of infringements by custom-made products, § 5 of these General Terms and Conditions shall apply conclusively.

(3) In case of infringement of rights by products of other manufacturers delivered by Labelident, Labelident will, at its option, assert its claims against the manufacturers and sub-suppliers for your account or assign them to you. Claims against Labelident exist in these cases according to this § 9 only if the judicial enforcement of the above mentioned claims against the manufacturers and suppliers was unsuccessful or is hopeless, e.g. due to insolvency.

 

§ 10 Retention of Title

(1) Labelident reserves the right of ownership of the goods until the complete settlement of all claims resulting from a current business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination and mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount and we accept this assignment. You shall remain authorised to collect the claims until such time, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

(2) If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.

 

§ 11 Data protection

For all information in connection with the handling of personal data, we refer to our separate data protection declaration. This is available to you at https://www.labelident.eu/privacy-policy.html.

 

§ 12 Code of Conduct

As part of the Klaus Kroschke Group, our company is subject to the Code of Conduct of Klaus Kroschke Holding GmbH & Co. KG (see https://www.klaus-kroschke-gruppe.com/downloads/).

 

§ 13 Final Provisions

(1) The contracting parties agree for all disputes arising from and in connection with this contract, to the extent permitted by law, the exclusive jurisdiction of the court at the registered office of Labelident. However, Labelident is entitled to appeal to any other competent court. Mandatory legal regulations about exclusive jurisdiction remain unaffected by this regulation.

(2) Supplements and amendments of the agreements made including these general terms and conditions need to be in written form to be effective. Transmission by telecommunication, in particular by fax or by e-mail, shall be sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted. The language available for the conclusion of the contract is German. Labelident saves the text of the contract and sends you the order data and these terms and conditions by e-mail. The terms and conditions can be viewed on the website at any time and can be downloaded. You can view your past orders in our customer login.

(3) The relations between Labelident and you are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (CISG) does not apply.

(4) As far as the contract or these General Terms and Conditions contain regulatory gaps, those legally effective regulations are deemed to be agreed upon to fill these gaps which the contractual partners would have agreed upon according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known about the regulatory gap.

 

Last updated: August 2023