General Terms and Conditions

§ 1 Scope of application

These General Terms and Conditions (GTC) apply to all contracts for printing, finishing and installation services between 2D Werbung — Inh. Nikola Markovic (hereinafter "MallWall") and the client. They apply exclusively vis-à-vis entrepreneurs (Section 14 of the German Civil Code — BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB are not contracting parties.

Deviating, conflicting or supplementary terms and conditions of the client only become part of the contract if MallWall expressly agrees to their application in text form. This also applies where MallWall performs the service without reservation while aware of such terms.

§ 2 Offer and conclusion of contract

Offers by MallWall are non-binding unless expressly designated as binding. An offer designated as binding is valid for 14 days from the offer date. The contract is concluded upon MallWall's written order confirmation or upon commencement of performance. Ancillary agreements require confirmation in text form to be effective.

§ 3 Scope of services

MallWall provides production and installation services (large-format printing, film application, finishing and installation). The creative concept and the print-ready artwork are supplied by the client or its advertising agency (see § 4). On request, MallWall carries out an on-site measurement (see § 5). The exact scope of services results from the binding offer or the order confirmation.

§ 4 Print data and approval

(1) The client provides the print data required for production in print-ready form in accordance with the data specifications made available by MallWall. The data approved by the client are decisive for production; with the approval, the client assumes responsibility for content, completeness and correctness (in particular dimensions, colours, texts and spelling). MallWall is under no obligation to review content.

(2) The client warrants that it holds all necessary usage, copyright, trademark and personality rights in the transmitted data, images, fonts, trademarks and other content, and that the content does not violate statutory provisions or third-party rights.

(3) The client shall indemnify MallWall against all third-party claims asserted against MallWall on account of content supplied by the client, including the reasonable costs of legal defence. If such claims are raised against MallWall, the client is obliged to support MallWall comprehensively and without undue delay.

§ 5 On-site measurement

We offer an on-site measurement carried out by our own specialist. It is charged according to actual travel and measurement time: 1 hour of measurement on site at the hourly rate, plus travel time (outward and return) at the hourly rate and a per-kilometre allowance for the distance (outward and return).

If an order follows, the measurement is invoiced at half price only. The full fee becomes due solely where the measurement was carried out but no follow-up order is placed. The client is free to decline the measurement before commissioning it — we schedule the measurement appointment only with the client's express consent.

Optionally, we offer a fixed price of €295 before the location is entered, replacing the itemised travel calculation in most cases; the 50 % rule upon placement of an order applies accordingly.

§ 6 Delivery time

Delivery and installation dates are binding only if expressly confirmed by MallWall in text form. Delivery and performance periods commence no earlier than upon approval of the complete print data and clarification of all technical questions — as a rule 1–2 weeks from data approval. Express production is available at a surcharge as per the offer. Delays caused by force majeure or other circumstances not attributable to MallWall (e.g. unavailable centre access, supply shortages) extend the periods by a reasonable amount of time.

§ 7 Prices and terms of payment

All prices are exclusive of statutory VAT. Invoices are payable net within 14 days of the invoice date. Set-off is permitted only with undisputed claims or claims established by final judgment. For work services, MallWall is entitled to demand reasonable instalment payments according to the progress of the work (Section 632a BGB).

§ 8 Retention of title

Goods and services remain the property of, and at the disposal of, Nikola Markovic until payment has been made in full.

§ 9 Acceptance and warranty

Acceptance of the work takes place upon completion. If MallWall requests the client to accept the work after completion and the client does not refuse acceptance within 14 days stating at least one defect, the work is deemed accepted (Section 640 (2) BGB). Claims for defects become time-barred two years after acceptance; in the case of a building, and of works whose success consists of work on a building, five years (Section 634a BGB). Obvious defects must be notified in text form without undue delay, at the latest within two weeks of acceptance. In the event of a justified notice of defects, MallWall shall, at its option, provide subsequent performance by remedying the defect or producing a new work.

§ 10 Liability

(1) MallWall is liable without limitation in cases of intent and gross negligence, for damage arising from injury to life, body or health, and under the German Product Liability Act.

(2) In cases of simple negligence, MallWall is liable only for the breach of an essential contractual obligation (cardinal obligation) whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the client may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract.

(3) Any further liability is excluded. This also applies to the personal liability of MallWall's employees and vicarious agents.

§ 11 Data protection

The privacy notice applies in its respectively current version.

§ 12 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and exclusive place of jurisdiction for all disputes arising from the business relationship is Düsseldorf, provided the client is a merchant, a legal entity under public law or a special fund under public law. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the statutory rule. Amendments and additions must be made in text form.