General Terms and Conditions

Scope of Application
Conclusion of the Contract
Right to Cancel
Prices and Payment Conditions
Shipment and Delivery Conditions
Reservation of Proprietary Rights
Warranty
Special Conditions for the Processing of Goods According to Client's Specification
Applicable Law
Place of Jurisdiction
Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and ProxyPrintery relating to all goods and/or services presented in the ProxyPrintery online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the ProxyPrintery online shop do not constitute binding offers on the part of ProxyPrintery, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the ProxyPrintery online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 ProxyPrintery may accept the Client's offer within five days:

by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should ProxyPrintery not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, ProxyPrintery hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the ProxyPrintery online order form, the text of the contract is stored by ProxyPrintery after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. ProxyPrintery shall not make the contract text accessible beyond this. If the Client has set up a user account in the ProxyPrintery online shop prior to sending an order, the order data shall be stored on the ProxyPrintery website and can be accessed by the Client free of charge via the password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the ProxyPrintery online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until the button finalizing the ordering process is clicked.

2.7 The English language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address provided for the order processing is accurate so that e-mails sent by ProxyPrintery can be received at this address. In particular, it is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by ProxyPrintery or by third parties commissioned by ProxyPrintery with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel is provided in the ProxyPrintery cancellation instructions.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the ProxyPrintery product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the ProxyPrintery online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which ProxyPrintery is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If ProxyPrintery also offers payment methods via PayPal that involve advance payments to the Client (e.g., purchase on account or payment by instalments), ProxyPrintery shall assign the payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Client. Before accepting the declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted Client data. ProxyPrintery reserves the right to refuse the Client the selected payment method in the event of a negative check result. If the selected payment method is approved, the Client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Client can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, ProxyPrintery remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.

4.5 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). If he wants to be able to pay the invoice amount via "immediate bank transfer," the Client must have an online banking account that is activated for participation in "immediate bank transfer". Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction will be executed immediately afterwards and the Client's bank account debited accordingly. Further information on the payment method "immediate bank transfer" can be called up by the Client at https://www.klarna.com/sofort/.

5) Shipment and Delivery Conditions

5.1 If ProxyPrintery offers to ship the goods, delivery shall be made within the delivery area specified by ProxyPrintery to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the ProxyPrintery order processing shall be decisive.

5.2 Should the assigned transport company return the goods to ProxyPrintery because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client exercises the right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if the Client has been temporarily impeded from receiving the offered service, unless ProxyPrintery has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

5.4 ProxyPrintery reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if ProxyPrintery is not responsible for the non-supply and has concluded a concrete hedging transaction with the supplier. ProxyPrintery shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability, ProxyPrintery shall inform the Client and immediately refund any corresponding payment.

6) Reservation of Proprietary Rights

If ProxyPrintery provides advance deliveries, ProxyPrintery retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise stipulated, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.2 If the Client acts as trader:

ProxyPrintery may choose the type of subsequent performance,
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
for used goods, the rights and claims for defects are excluded,
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply:

to claims for damages and reimbursement of expenses of the Client,
if ProxyPrintery has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
for any existing obligation of ProxyPrintery to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB), the Client has the commercial duty to examine the goods and notify ProxyPrintery of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and ProxyPrintery has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect the Client's statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Client's Specification

8.1 If, according to the terms of the contract, ProxyPrintery owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client, the Client shall make available to ProxyPrintery all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by ProxyPrintery and shall grant ProxyPrintery the necessary rights of use. The Client is solely responsible for the procurement and acquisition of rights for such content. The Client declares and assumes responsibility for having the right to use the content provided to ProxyPrintery. In particular, the Client shall ensure that no third-party rights are infringed, including copyrights, trademark rights and personal rights.

8.2 The Client shall indemnify ProxyPrintery from claims of third parties asserted against ProxyPrintery in connection with a violation of their rights by ProxyPrintery's contractual use of the Client's content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide ProxyPrintery promptly, truthfully, and completely with all information necessary for verifying the claims asserted and preparing a corresponding defense.

8.3 ProxyPrintery reserves the right to refuse processing orders if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or glorifies violence.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10) Place of Jurisdiction

If the Client is a businessperson, a legal entity under public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the place of business of ProxyPrintery shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the place of business of ProxyPrintery shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In the aforementioned cases, ProxyPrintery is also entitled to call the court responsible for the seat of the Client.

11) Alternative dispute resolution

11.1 The European Online Dispute Resolution platform has been discontinued. Consumers may use the ProxyPrintery contact page to seek a direct resolution.

11.2 ProxyPrintery is not obliged to use alternative dispute resolution entities to resolve disputes with consumers, but is willing to do so.