Terms of service

General Terms and Conditions (GTC) of Sublishop.net GmbH

§ 1 Offer and Conclusion of Contract

The signed order by the customer is a binding offer.

We can accept this offer within two weeks by sending an invoice or by dispatching the ordered goods within this period.

§ 2 Provided Documents

We reserve ownership and copyright of all documents provided to the customer in connection with order placement, such as calculations, drawings, etc. These documents must not be made accessible to third parties unless the customer has obtained our explicit written consent. If we do not accept the customer's offer within the period specified in § 1, these documents must be returned to us immediately.

§ 3 Prices and Payment

Our prices include VAT (and packaging costs). Delivery and shipping costs are (not) included in our prices. The payment of the purchase price must be made exclusively to the account specified on the reverse side. Deduction of cash discount is only permissible with a written special agreement. Unless otherwise agreed, the purchase price is to be paid in advance. Default interest of 5% above the respective base rate p.a. (see Annex 1) will be charged. We reserve the right to claim higher damages for default. In the event that we claim higher damages for default, the customer has the opportunity to prove that no damage or significantly lower damage has occurred.

§ 4 Right to Rectification for Orders

4.1. If you, as a customer, independently waive the right to rectification for an order or waive it in any other way, you acknowledge that in the event of a dispute or case with payment providers such as PayPal or eBay, you are liable for any interest or fees incurred in connection with the withheld funds by the mentioned payment provider.

4.2. You confirm that this waiver of the right to rectification for an order is a conscious decision on your part and that you are aware of the consequences, including financial obligations in the event of disputes or cases.

§ 5 Liability for Loss or Damage

5.1. In the event of loss or damage to the delivered sublimation blanks or other delivered goods, you agree to inform us promptly in writing. The notification should include relevant details about the loss or damage.

5.2. You acknowledge that reporting the loss or damage of the goods to us and, if necessary, to the transport service providers is a crucial prerequisite for the proper processing of the transaction.

5.3. If you fail to report the loss or damage as per section 5.1 or do not provide the declarations required by the transport service providers, you take full responsibility for the entire process, including financial consequences and compensation claims.

5.4. Replacement of damaged goods is the responsibility of the sender. Usually, damages up to 10.00 euros are reimbursed. Beyond that, replacement is provided.

§ 6 Retention of Title

6.a We retain ownership of the delivered goods until full payment of all claims from the delivery contract.

6.b The customer is obliged to treat the purchased item carefully as long as ownership has not yet passed to him. In particular, he is obliged to insure it at his own expense against theft, fire, and water damage to the new value (Note: only permissible for the sale of high-value goods). If maintenance and inspection work has to be carried out, the customer must carry out these at his own expense and in a timely manner. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not able to reimburse us for the judicial and extrajudicial costs of a claim pursuant to § 771 of the German Civil Code (ZPO), the customer is liable for the loss incurred by us.

6.c The processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues in the transformed item. If the purchased item is processed with other items not owned by us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing is done in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportional co-ownership to us and safeguards the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer also assigns to us such claims which arise against a third party through the connection of the reserved goods with a property; we accept this assignment now.

6.d We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the secured claims by more than 20%.

§ 7 Warranty and Complaints

1. Insofar as the information contained in our brochures, advertisements, and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximately decisive.

2. If the delivered item does not have the agreed quality between the customer and us or is not suitable for the use presupposed by our contract or generally expected, or does not have the properties that the customer could expect based on our public statements, we are obliged to rectify the defect. This does not apply if we are entitled to refuse rectification due to legal regulations.

3. The customer initially has the choice of whether the rectification should be made by repair or replacement. However, we are entitled to refuse the type of rectification chosen by the customer if it is only possible with disproportionate costs and the other type of rectification remains without significant disadvantages for the customer. During the rectification, the reduction of the purchase price or the withdrawal from the contract by the customer is excluded. Rectification is considered unsuccessful after the second unsuccessful attempt unless something else results from the nature of the item or the defect or other circumstances. If rectification has failed or we have refused rectification altogether, the customer can demand a reduction in the purchase price (reduction) or declare withdrawal from the contract at his discretion.

4. The customer can only assert claims for damages under the following conditions if rectification has failed or we have refused rectification. The customer's right to assert further claims for damages under the following conditions remains unaffected.

5. We are liable without restriction for damages to life, body, and health caused by negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act. For damages based on the absence of guaranteed characteristics or durability, but which do not directly affect the item, we are only liable if the risk of such damage is clearly covered by the guarantee of characteristics and durability.

6. We are also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of such contractual obligations, the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically associated with the contract and are foreseeable. In the case of simple negligent breaches of non-essential ancillary obligations, we are otherwise not liable. The limitations of liability contained in sentences 1-3 also apply insofar as liability affects the legal representatives, executive employees, and other vicarious agents.

7. Further liability is excluded