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1. Scope and customers
These terms apply to all orders through Maklerschilder.com. The provider and contracting party is Virtuma UG (haftungsbeschränkt), Petersberg 12, 54457 Wincheringen, Germany.
The offer is exclusively for entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), public-law entities and special funds under public law. By ordering, the customer confirms that they act in the course of a commercial or independent professional activity.
Different customer terms apply only where we have expressly accepted them in text form.
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2. Offer and formation of contract
Product presentations and price calculations in the shop are not binding offers. By selecting “Submit order”, the customer makes a binding offer for the services listed at checkout.
The contract is formed when we expressly accept the order or start performance, whichever occurs first. A purely technical acknowledgement only records receipt unless it is expressly designated as an order acceptance.
Input errors can be corrected through the cart and checkout before submission. Order data is stored in the customer account and our order records.
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3. Configuration, artwork and approvals
Products are made individually according to the selected configuration and supplied artwork. The customer is responsible for completeness, scale, bleed, resolution, colour mode, content and timely delivery of usable files.
Artwork checks cover only the technical checks expressly offered. We do not check spelling, design, factual accuracy or rights in supplied content. Technical feedback or approval does not relieve the customer of responsibility for the final production data.
Minor variations in colour, material, cutting, size and finishing that are customary in the trade and arise from production are permitted. Screen views and previous prints are not binding colour references unless separately agreed.
Production and delivery periods begin only after all required information and usable artwork have been received and agreed payment conditions have been met. Delays in approval or file delivery shift dates accordingly.
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4. Prices and payment
All prices are stated net plus the applicable statutory VAT. The total shown at checkout includes the packaging and shipping charges displayed there.
Only payment methods offered at checkout are available. Purchase on invoice is available only if enabled and offered at checkout. Invoices are due without deduction within the period shown at checkout or on the invoice.
Statutory rules apply to late payment. We may withhold further performance until due amounts are paid where reasonable in light of both parties’ interests.
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5. Delivery, transfer of risk and retention of title
Delivery dates are binding only when expressly confirmed as binding. Reasonable partial deliveries are permitted. Events outside our reasonable control, including disruption to energy, transport, IT, materials or suppliers, extend performance periods appropriately.
For goods shipped to a business customer, the risk of accidental loss or damage transfers when the goods are handed to the carrier. Goods remain our property until the relevant claim has been paid in full.
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6. Inspection, defects and remedies
Where the customer is a merchant, the inspection and notification duties under section 377 of the German Commercial Code (HGB) apply. Visible transport damage and production defects should be reported without delay with the order number, a description and clear photographs. Statutory rights otherwise remain unaffected.
For a justified defect, we may choose repair or replacement. If cure fails or is unreasonable, the customer has the further statutory rights. For replacement production, the customer must retain and, on request, make the rejected goods available for inspection.
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7. Rights in supplied content and indemnity
The customer warrants that they hold all rights required to produce, reproduce and process supplied text, images, trade marks and other content and that the content violates neither law nor third-party rights.
The customer indemnifies us against justified third-party claims caused by an infringement for which the customer is responsible, including reasonable legal defence costs.
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8. Liability
We have unlimited liability for intent and gross negligence, culpable injury to life, limb or health, under the German Product Liability Act and to the extent of expressly assumed guarantees.
For a slightly negligent breach of a material contractual duty, liability is limited to the foreseeable loss typical for the contract at the time it was formed. Liability for other slight negligence is excluded. These limitations also benefit our corporate bodies, employees and agents.
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9. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a public-law entity or a special fund under public law, our registered office is the exclusive venue for all disputes arising from the contract.
If a provision of these terms is wholly or partly ineffective, the remaining provisions remain effective. The statutory rule takes the place of the ineffective provision.