General Terms and Conditions

1 Scope of application, general obligations of the customer

1.1. the following terms and conditions apply to all contracts concluded within the online offers of auto iD 24/7 - S&K Solutions GmbH (auto iD 24/7) by consumers and entrepreneurs for the delivery of products (goods) and the provision of work services (services).

1.2. consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 These GTC shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses deviating, conflicting or supplementary general terms and conditions, these shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.

1.4 All information you provide during the ordering process must be current and truthful. You may not disclose your password to third parties, you must keep it safe and inaccessible to unauthorised persons and notify us immediately in text form if it is lost or disclosed. You are liable for misuse, e.g. for any unauthorised orders placed by third parties using your password and the resulting claims, in accordance with the statutory provisions.

1.5 We reserve the right to amend these GTC with effect for the future in accordance with the following procedure. To this end, we will notify you in advance of the planned changes and inform you of your right to object. The amendments shall be deemed to have been accepted if you do not object within two months of the notification of amendment. If you object to the change, we reserve the right to terminate the contract with due notice.

2 Conclusion of contract and written form

2.1 The presentation of the products from the online offer of auto iD 24/7 (online shop) does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" / "Order with obligation to pay" button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order is sent by automated e-mail immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 3 days.

a binding contract can also be concluded earlier:

• If you have selected credit card payment, the contract is concluded at the time the credit card is charged.

• If you have selected the SOFORT bank transfer payment method, the contract is concluded at the time of confirmation of the payment instruction to SOFORT GmbH.

2.2. the subject matter of the contract is exclusively the goods sold with the properties and features as well as the intended use according to the special written agreement or the description enclosed with the goods. Other or more extensive properties and/or a more extensive intended use shall only be deemed agreed if they are expressly confirmed in writing by auto iD 24/7.

2.3 Offers from auto iD 24/7 are subject to change. We reserve the right to make technical changes and changes in shape, colour and/or weight within reasonable limits. Drawings, illustrations, dimensions, weights and other performance data are only binding if this is expressly agreed in writing.

2.4 The conclusion of the contract is subject to correct and timely delivery by auto iD 24/7's suppliers. This only applies in the event that auto iD 24/7 is not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with auto iD 24/7's supplier. The contractual partner will be informed immediately of the non-availability of the goods or service. The consideration will be refunded immediately.

3 Prices, other costs

3.1 Prices are quoted in EURO and are subject to VAT within the Federal Republic of Germany.

3.2 The prices are ex works and, unless otherwise expressly agreed, do not include packaging, freight, postage, insurance and installation costs.

3.3 Dispatch shall be at the expense of the contractual partner. The exact shipping and handling costs will be displayed during the ordering process.

4 Terms of payment

4.1 You can choose to pay in advance, by credit card, instant bank transfer or PayPal. A purchase on account is also possible. If you choose to pay in advance, the purchase price is due for payment upon receipt of the order confirmation.

4.2. auto-ID 24/7 reserves the right to invoice the agreed service by letter post or electronically by e-mail.

4.3. auto iD 24/7 may revoke agreed payment terms with deferral if it becomes aware of circumstances that could jeopardise the enforcement of claims. Otherwise, the statutory provisions shall apply. auto iD 24/7 reserves the right to refuse certain types of payment.

4.4 Data collection and processing for payments via InfinitePay "purchase on account"

When paying via the InfinitePay "purchase on account" payment method, the purchase price claim is assigned to Financial Management Solutions GmbH (under the InfinitePay brand), Isaac-Fulda-Allee 5, 55124 Mainz, Germany (hereinafter referred to as "InfinitePay"). The data required for payment processing will be transmitted to InfinitePay. One of the purposes of the data transfer is to enable InfinitePay to carry out an identity and credit check to process your purchase using the payment method you have requested. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR from the legitimate interest in offering various payment methods and the legitimate interest in protection against payment default. You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on Article 6(1)(f) GDPR by notifying us. You can find InfinitePay's privacy policy here: https://www.infinitepay.de/datenschutzhinweise

If you wish to receive information about the use of your personal data, you can contact datenschutz@fms-mainz.de at any time. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide the data means that the contract cannot be concluded with the payment method you have requested.

5. Print and order data, data transmission

5.1. the print data must be supplied in the file and print formats specified by us. The contents of the data sheets must be observed. We cannot guarantee customers error-free performance for deviating file or print formats unless this format has been authorised by us in writing. Customers are fully liable for the correctness of their data, even if there are data transmission or data carrier errors for which we are not responsible.

5.2. auto-ID 247 is not obliged to check deliveries of any kind made by the customer or by a third party engaged by the customer, including data carriers and transferred data. auto-ID 247 is not obliged to check data that is obviously unprocessable or unreadable or in the case of an express agreement (professional data check).

5.3. in the case of data transmissions, the customer must use state-of-the-art protection programmes for computer viruses prior to transmission. Data backup is the sole responsibility of the customer. We are authorised to make copies of the data.

6. Right of cancellation

6.1 Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. The right of cancellation does not apply to distance selling contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and is acting in the exercise of his commercial or self-employed activity when concluding the contract, the right of cancellation does not apply.

7. Cancellation and subsequent costs

7.1 Cancellation by the contractual partner as an entrepreneur is necessarily associated with consequential costs. The cancellation of an order must be made in writing (e.g. letter, fax, e-mail). If an order is cancelled, the buyer shall be invoiced for the costs incurred up to the time of cancellation.

7.2 In the event of cancellation of a purchase of merchandise as an entrepreneur, the pro rata loss of profit and the costs of returning the goods to the supplier/manufacturer must be borne; if the goods are so special that it is not possible to return them to the manufacturer, 100% of the invoice amount must be borne by the buyer. The contractual partner will receive an invoice from auto iD 24/7 for the cancellation costs, which must be settled within 10 days of receipt.

7.3 Cancellation of a customer-specific production (e.g. Web2Print card production) involves the costs incurred for production preparation, production planning and production approval. After written production and print approval by the contractual partner (consumer and entrepreneur), which takes place at the same time as the online purchase and acceptance of the GTC, the invoice amount shown must be paid in full in the event of a planned cancellation, as production can then no longer be stopped.

8 Delivery and performance

8.1 If the contractual partner chooses the right of cancellation due to auto iD 24/7's delay, he shall not be entitled to any additional compensation. Otherwise, the statutory provisions shall apply.

8.2. auto iD 24/7 is entitled to make partial deliveries, insofar as this is reasonable for the contractual partner.

9 Transfer of risk

9.1 The risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner upon handover or, in the case of sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the contractual partner is in default of acceptance, this shall be deemed equivalent to handover.

9.2 The costs and risk for parts sent in, whether for processing or as samples, shall be borne by the contractual partner. Insurance of these items is a matter for the contractual partner and must be procured by the contractual partner at its own expense.

10 Retention of title

10.1. auto iD 24/7 retains ownership of the goods until all claims arising from the ongoing business relationship with the contractual partner have been settled in full.

10.2 The contractual partner is obliged to treat the goods with care. If maintenance and inspection work is required, the contractual partner must carry this out regularly at its own expense.

10.3 The contractual partner is obliged to inform auto iD 24/7 immediately of any third-party access to the goods, for example in the event of seizure, as well as any damage to or destruction of the goods. The contractual partner must notify auto iD 24/7 immediately of any change of ownership of the goods as well as any change of registered office.

10.4. auto iD 24/7 is entitled to withdraw from the contract and demand the return of the goods if the contractual partner acts in breach of contract, in particular in the event of default of payment or breach of an obligation under sections 2 and 3 of this provision.

10.5 The contractual partner in the sense of an entrepreneur is entitled to resell the goods in the ordinary course of business as long as he is not in default of payment. Pledges and transfers of ownership by way of security are not permitted. The contractual partner hereby assigns to auto iD 24/7 all claims in the amount of the invoice amount that accrue to him against a third party as a result of the resale. auto iD 24/7 accepts the assignment. After the assignment, the contractual partner is authorised to collect the claim. auto iD 24/7 reserves the right to collect the claim itself as soon as the contractual partner does not properly meet its payment obligations and is in default of payment.

10.6 The handling and processing of the goods by the contractual partner will always be carried out in the name and on behalf of auto iD 24/7 as the supplier or manufacturer. If the goods are processed with items not owned by auto iD 24/7, auto iD 24/7 shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by auto iD 24/7 to the other processed items. The same applies to mixing. The contractual partner shall store the (co-)ownership of auto iD 24/7 free of charge.

11 Retention of title; offsetting; right of retention in the case of purchase on account

11.1 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

11.2 You shall only have a right of set-off if your counterclaims have been legally established or are undisputed and recognised by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

11.3 If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.

11.4 Special features for Switzerland:

(1) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or recognised by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

(3) If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.

12 Warranty for goods

12.1 Unless expressly agreed otherwise below, the statutory warranty for defects shall apply.

for consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.

for entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse in accordance with § 478 BGB remain unaffected.

the warranty period for new goods vis-à-vis the contractual partner is one year from delivery of the goods. This shall not apply if the contractual partner has not notified auto iD 24/7 of the defect in good time. (Clause 10.3)

the warranty is excluded for used goods. For warranties and support voluntarily granted by auto iD 24/7, the relevant service catalogues, which can be found on the Internet at www.auto-ID24/7.com, in the brochures and offers of auto iD 24/7, shall apply if they have been agreed. The entitlement to warranty, guarantee and support expires if original auto iD 24/7 consumables are used. The warranty and guarantee shall also lapse in the event of damage caused after the transfer of risk.

12.2 auto iD 24/7 shall initially provide warranty for defects in the goods by repairing or replacing the goods, at its discretion.

12.3 If the subsequent fulfilment fails, the contractual partner may, at his discretion, demand a reduction in payment (reduction) or cancellation of the contract (withdrawal). In particular, subsequent fulfilment shall not be deemed to have failed as long as the contractual partner has not set auto iD 24/7 a reasonable deadline for subsequent fulfilment. The contractual partner shall not be entitled to withdraw from the contract in the event of only a minor breach of contract, in particular in the event of only minor defects.

12.4 The contractual partner must notify auto iD 24/7 in writing of obvious defects (including complaints regarding incorrect or incomplete deliveries) within a period of two weeks from receipt of the goods; in addition, the contractual partner shall be obliged to notify auto iD 24/7 in writing of defects that are not obvious within two weeks of discovery. Otherwise, the assertion of warranty claims is excluded in both cases. The timely dispatch of the notice of defects is sufficient to meet the deadline. The contractual partner shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects. In the notification of defects, the defect and its manifestation must be described in such detail that it is possible to verify the defect and exclude the possibility of an operating error. auto-iD reserves the right to inspect notified defects on site at the customer's premises by professionally qualified employees.

12.5 If the contractual partner chooses to withdraw from the contract due to a legal or material defect after subsequent fulfilment has failed, it shall not be entitled to any additional claim for damages due to the defect. If the contractual partner chooses compensation for damages after failed subsequent fulfilment due to a defect for which auto iD 24/7 is responsible and the goods remain with the contractual partner, the compensation for damages shall be limited to the difference between the purchase price and the value of the defective goods, unless auto iD 24/7 can be accused of fraudulent intent.

12.6 Only the product description of auto iD 24/7 shall be deemed agreed as the quality of the goods. public statements, promotions or advertising by the manufacturer or third parties do not constitute a contractual description of the quality of the goods. In the event of minor deviations in the goods, the contractual partner is in particular not entitled to a right of reduction.

12.7 In the case of customer-specific productions (e.g. print orders for plastic types), auto iD 24/7 is liable with regard to lightfastness, variability and deviation of colours in printed products as well as the quality of the lamination according to the state of the art. Minor deviations in the printing colour compared to the colour sample or the print-ready template do not justify a complaint about the delivery. The same applies to the comparison between proofs and print runs and the comparison between two productions.

12.8 Punching variations that lead to different distances between the printed motifs and the card edges from card to card do not justify a complaint about the delivery.

12.9 Deliveries (including data carriers) by the contractual partner or by a third party engaged by the contractual partner are not subject to any obligation to inspect on the part of auto iD 24/7.

12.10. In the event of subsequent fulfilment, the contractual partner must return the goods to auto iD 24/7 in the original packaging; transport costs shall be borne by the contractual partner. The risk of deterioration and loss of the goods during return transport as a result of improper packaging shall be borne in full by the contractual partner. Return transport to the contractual partner shall be at the expense of the supplier during the guarantee period and at the expense of the contractual partner after the guarantee period.

12.11. The contractual partner must check proofs for typesetting and other errors and return or send back proofs that have been declared ready for printing. auto iD 24/7 is not liable for errors overlooked by the contractual partner. Typesetting errors will be corrected free of charge. Amendments required in deviation from the artwork, in particular corrections by the customer and author, will be charged according to the time spent on them.

12.12. If the contractual partner receives faulty assembly instructions, auto iD 24/7 is only obliged to deliver faultless assembly instructions, and only if the fault in the assembly instructions prevents proper assembly.

12.13. If the contractual partner has asserted a warranty claim against auto iD 24/7 and it turns out that either there is no defect or the asserted defect does not obligate auto iD 24/7 to provide a warranty, the contractual partner must compensate auto iD 24/7 for the resulting damages if he is responsible for the claim against auto iD 24/7 due to gross negligence or intent.

12.14. The warranty does not apply to defects that are due to incorrect installation, non-compliance with instructions for use, improper intervention or modification of the product by the contractual partner or a third party not authorised by auto iD 24/7. The warranty is also void if original technical markings, seals, serial numbers or similar markings are changed or removed. Excluded from the warranty are defects that are due to operational wear and tear, operating errors and improper use, external influences (operation with the wrong type of current or voltage, connection to an unsuitable power supply).(operation with the wrong type or voltage of current, connection to unsuitable power sources, fire, lightning, explosion or mains-related overvoltage, moisture of any kind) as well as incorrect or faulty software and/or processing data.

12.15. Assignment of warranty claims by the contractual partner is excluded.

12.16. Claims for damages by the contractual partner due to a defect shall expire one year after delivery of the goods, unless auto iD 24/7 can be accused of fraudulent intent.

12.17. Guarantees in the legal sense are not granted. Manufacturer warranties remain unaffected by this.

13 Warranty for performance

13.1. auto iD 24/7 shall initially provide a warranty for defects in the service by repairing or replacing the product, at your discretion.

13.2. If auto iD 24/7 seriously and definitively refuses fulfilment, refuses to remedy the defect and subsequent fulfilment due to disproportionate costs, if subsequent fulfilment fails or if it is unreasonable for the contractual partner, auto iD 24/7 will not be liable for any damages.fulfilment fails or is unreasonable for the contractual partner, the contractual partner may, at his discretion, only demand a reduction in payment (abatement) or cancellation of the contract (withdrawal) and compensation within the scope of the limitation of liability (clause 12) instead of performance. As a rule, subsequent fulfilment shall only be deemed to have failed after the second unsuccessful attempt at subsequent fulfilment. The contractual partner does not have the right to withdraw from the contract in the event of only a minor breach of contract, in particular only minor defects.

13.3 If auto iD 24/7 is not responsible for the breach of duty resulting from a defect, the contractual partner is not entitled to withdraw from the contract.

13.4 The contractual partner's rights due to defects will expire one year after acceptance of the service. This shall not apply if auto iD 24/7 can be accused of gross negligence or in the event of physical injury or damage to health attributable to auto iD 24/7 or in the event of loss of life of the contractual partner. Liability on the part of auto iD 24/7 under the Product Liability Act shall also remain unaffected.

13.5 In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.

13.6 The contractual partner shall not receive any guarantees in the legal sense from auto iD 24/7.

14 Ownership and copyright

14.1 The items used by auto iD 24/7 to produce the goods, in particular films, printing plates, lithographs, printing plates and standing types, shall remain the property of auto iD 24/7, even if they are invoiced separately, and will not be delivered.

14.2 The contractual partner is solely liable if rights, in particular copyrights and industrial rights of third parties, are violated by the execution of their order. The contractual partner shall indemnify auto iD 24/7 against any such third-party claims due to an infringement of rights in this regard.

15 Limitations of liability

15.1 auto iD 24/7 is not liable for slightly negligent breaches of insignificant contractual obligations. In the event of slightly negligent breaches of duty, auto iD 24/7's liability shall be limited to the foreseeable, direct and proportionate average damage typical for the contract, depending on the type and value of the goods or service; the same shall apply in the event of slightly negligent breaches of duty by auto iD 24/7's legal representatives or vicarious agents.

15.2 The aforementioned limitations of liability do not apply to any claims arising from product liability. Furthermore, these limitations shall not apply in the event of physical injury or damage to health attributable to auto iD 24/7 or in the event of loss of life of the contractual partner.

16 Limitation of liability for goods provided by the contractual partner

16.1 Material provided by the contractual partner, regardless of type, must be delivered to auto iD 24/7 free of charge. Unless otherwise agreed, the contractual partner undertakes to deliver 5% more than the quantity to be processed in order to cover normal waste.

17 Final provisions

17.1 The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply. auto iD 24/7 reserves the right to choose the law applicable at the registered office of the contractual partner.

17.2 The exclusive place of jurisdiction for all disputes arising from this contract is Passau and the place of fulfilment is Passau. auto iD 24/7 reserves the right to choose the registered office of the contractual partner as the place of jurisdiction.

17.3 Should individual provisions of this contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision, notwithstanding the provisions of Section 306 (2) BGB.