The business relationship between OPPTHA GmbH (hereinafter "Provider") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity. By accepting these terms and conditions, the customer declares that he is subject to them to the exclusion of any terms and conditions of his own.
(1) Via the website www.drinkking.de, the Supplier offers personalized beverage cans for printing with motifs or text (hereinafter "Products").
(2) The customer can select products from the provider's range and collect them in a so-called shopping cart. The customer then submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(3) The provider then sends the customer an order confirmation by e-mail. This order confirmation merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation).
(4) By placing an order, the customer assures the provider that the content of any templates to be transmitted does not violate any legal provisions. The customer is solely responsible for the content of the transferred data. The Provider is entitled, at its own discretion, not to execute orders if
a.) the submission or content of the transmitted data or the fulfillment of the order would violate applicable criminal laws or could be punished as an administrative offense or
b.) the submission or content of the transmitted data obviously pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional objectives, or
c.) the submission or the content of the transmitted data is sexist in nature; or
d.) the submission or the content of the transmitted data disregards general ethical values or is to be classified as immoral for other reasons.
The above examples are not to be understood as conclusive reasons for rejection. Rather, the provider reserves the right not to execute the order at any time for other reasons.
(5) If an order is not processed via the online store on the website www.drinkking.de, the following applies to the approval of the print data.
Proofs must be checked by the client for typesetting and other errors and declared ready for printing. The print approval is normally carried out electronically via a print approval portal provided by the provider on the Internet.
Print approval via email or by telephone shall only take place in exceptional cases and at the express request of the customer or if electronic print approval is objectively impossible.
The object of printing is always the digital print data transmitted by the customer with the integrated color profiles, color values and other descriptive print data.
The provider is not liable for errors overlooked by the customer. No liability can be accepted for changes made by telephone.
The Provider's personalized beverage cans can be filled with various beverages, including alcoholic beverages. By ordering alcoholic beverages, the Customer assures the Vendor that the Customer, depending on the beverage, has at least reached the age of sixteen or is of legal age and therefore does not violate any legal provisions, in particular the Youth Protection Act, by ordering and delivering alcoholic beverages. The provider will indicate the required minimum age in the offers. The provider will carry out a corresponding identity and age check to verify the age of the customer. The provider is entitled not to fulfill the order for alcoholic beverages if the customer cannot prove the age required for the order through the corresponding identity and age check.
(1) The customer expressly warrants that it is authorized to publish the content of the transmitted data and to reproduce it. In particular, the customer shall ensure that it respects the data protection and privacy rights of any third parties. The customer undertakes not to transmit any data whose content infringes the rights of use and property rights of third parties (e.g. trademark rights, copyrights). The customer shall indemnify the provider against all claims and demands asserted due to the infringement of such third-party rights, insofar as the customer is responsible for the breach of duty. The customer shall reimburse the provider for all defense costs and other damages incurred by the provider in this connection.
(2) The Provider reserves the exclusive rights of use to the copyright-protected services provided by the Provider for the Customer, in particular to drafts, image and text marks, layouts etc.. The Provider shall only transfer to the Customer the rights of use required for the respective purposes of use. Unless otherwise agreed, only a simple right of use shall be transferred. Any transfer of the rights of use to third parties requires prior written agreement. The transfer of rights of use is subject to full payment of the agreed remuneration. If the customer applies for formal property rights to be entered in an official register with regard to such copyright-protected services as designs, image and text marks, layouts, etc., this shall require our prior consent.
(1) Unless it is a purchase of consumer goods, delivery shall be at the expense and risk of the customer. In this case, any transport damage can only be claimed from the carrier (post office, railroad, forwarding agent, etc.).
(2) Insofar as it is not a purchase of consumer goods, the risk shall pass to the customer as soon as the consignment has been handed over to the carrier or has left the supplier's warehouse for shipment. If shipment becomes impossible through no fault of the supplier, the risk shall pass to the customer upon notification of readiness for shipment.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(5) Shipment shall take place after receipt of payment and after completion of production.
Delivery shall be made within the agreed delivery date. If no such date has been agreed, delivery shall be made within a reasonable period of time. The supplier is not responsible for exceeding the delivery time if this is caused by circumstances for which the supplier is not responsible. Operational disruptions exempt the customer from adhering to the agreed delivery time and therefore do not entitle the customer to withdraw from the order or to demand compensation.
(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) The customer is authorized to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Provider in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT) to secure the claims. Notwithstanding this assignment, the customer shall remain authorized to collect.
(1) If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), he is only entitled to offset counterclaims against payment claims of the provider or to assert a right of retention due to counterclaims if and insofar as the existence of his counterclaim is undisputed, has been legally established or is ready for a decision.
(2) If the customer is not an entrepreneur, the assignment of claims of the customer against the provider, regardless of the legal basis, is excluded if the provider does not expressly agree to the assignment in writing. To this end, the Provider undertakes, if and insofar as the new creditor makes a legally binding declaration to the Provider at the time of disclosure of the assignment, to indemnify the Provider against any claims in the event of erroneous payment to the Customer and existing creditors.
(1) If the customer is not a consumer, the supplier must be notified of defects in writing by registered letter after receipt of the goods by the customer in accordance with the following provisions:
a.) Insofar as the customer is not a merchant, the following deadlines shall apply:
aa.) Insofar as the subject of the order is the delivery of foodstuffs, notifications of defects must be made immediately upon receipt of the goods.
bb.) Otherwise, obvious defects must be reported to the supplier within a period of 10 days after receipt of the goods, hidden defects within a period of 10 days after their discovery, but at the latest within 6 months after receipt of the goods.
b.) Insofar as the customer is subject to the provisions of the German Commercial Code (HGB), the validity of a notice of defects shall be determined exclusively in accordance with § 377 HGB.
In any case, the time of posting of the notification by the customer shall be decisive for the timeliness of the notification of defects.
(2) Insofar as the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code) and, in the event of the existence of a defect for which the supplier is responsible, he has given notice of defects in due time, the customer shall be entitled to rectification or subsequent delivery at the discretion of the supplier, notwithstanding § 439 para. 1 BGB. If even two attempts at rectification or subsequent delivery fail, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price (reduction).
(3) In the event of intent or gross negligence as well as in the absence of a guaranteed characteristic, the provider shall be liable without limitation for all damages attributable thereto. In the event of slight negligence, the provider shall be liable without limitation in the event of injury to life, limb or health. If the provider is in default with its performance due to slight negligence, if its performance has become impossible or if the provider has breached a material obligation, the liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may regularly rely. Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected.
(1) For defects that are exclusively attributable to the perishability of the goods, the warranty claims shall expire in accordance with the shelf life of the products.
(2) If the customer is not a consumer, all claims derived from the defectiveness of the goods, including any claims for damages, shall expire after twelve months, beginning with the transfer of risk, except in the case of gross negligence and claims for compensation for damage to life, limb or health.
The provider processes the customer's personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used to fulfill and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right, upon request and free of charge, to receive information about the personal data stored about him by the provider. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain such data.
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.