Terms of Service
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OvernightPrints GmbH
Weißeritzstraße 3, 01067 Dresden
Phone: 034297 / 987000
Fax: 034297 / 987002
Email: service@overnightprints.de
Commercial register: Court Dresden, HRB 25129
VAT number: DE 254315866
(Updated: January 2017)

1. Sphere of validity

1.1 These General Terms of Business (GTB) shall apply between OvernightPrints GmbH (Limited) (hereinafter referred to as "OvernightPrints GmbH") and the customer ("Customer") with regard to the supply of products ("Products") by OvernightPrints GmbH to the Customer. To the extent permitted by law, OvernightPrints GmbH does not accept any other terms and conditions, except to the extent that OvernightPrints GmbH gives its express written acceptance. These GTB shall also apply if OvernightPrints GmbH delivers in knowledge of or with agreement to any other terms and conditions of the Customer.

1.2 According to these GTB, a consumer shall be a natural person who orders a Product for a purpose that is neither for his trading nor his professional activity.

1.3 According to these GTB, a business shall be any natural or juridical person other than a consumer.

1.4 In regard to certain of the following provisions, a distinction is made, depending on whether the Customer is a consumer within the meaning of Article 13 BGB [Bürgerliches Gesetzbuch - German Civil Code] or a businessman within the meaning of Article 14 BGB. Where the provisions differ between consumers and businessmen, a distinction is made in the text between consumers (Article 13 BGB) and businessmen (Article 14 BGB). Where the text refers to "Customer", the provision applies both for consumers and for businessmen.

2. Orders, Conclusion of Contract:

2.1 The placing of an order by the Customer shall be a conditional offer towards finalizing a contract for the purchase of Products from OvernightPrints GmbH. The Customer must place the order through the process set out on the website at www.overnightprints.de / www.overnightprints.at.

2.2 OvernightPrints GmbH may accept the Customer's offer through a binding confirmation of order to the Customer via email. At that point, the contract shall be concluded between the Customer and OvernightPrints GmbH for OvernightPrints GmbH's supply of the Products. Any email that merely acknowledges receipt of the order shall not constitute a legally binding confirmation.

2.3 The full details of OvernightPrints GmbH as the supplier and contracting party to the Customer are:

OvernightPrints GmbH

Business Manager: Brett Heap, Arndt Eschenlohr

Weißeritzstraße 3

01067 Dresden

Phone: 034297 / 987000

Fax: 034297 / 987002

Email: service@overnightprints.de

2.4 The wording will be saved. The Customer can view the General Terms of Business (GTB) at any time on www.OvernightPrints.de / www.OvernightPrints.at and save them to their hard drive. The individual data of their order (wording) as well as the General Terms of Business will be sent to the Customer by email.

3. Process of Ordering, Delivery and Delivery Period

3.1 The order shall be handled by OvernightPrints GmbH after receiving the payment sent by the Customer and the printed material shall be dispatched to the Customer as soon as possible (according to the selected shipping option). The calculation of the delivery timeframe shall begin only after OvernightPrints GmbH has received the payment in its account in cleared funds and if necessary not before the receipt of the correct printing data. Further information on this point are provided in our FAQs:

3.2 The Customer shall provide a delivery address on which the delivery is guaranteed on working days during day time. If delivery is delayed or re-routed due to the Customer not being there to take delivery, the cost of any necessary repeated delivery and storage shall be borne by the Customer.

3.3 In case of any event beyond OvernightPrints GmbH's control, including, but not limited to, force majeur/acts of God and other unpredictable and inevitable damaging incidents for which OvernightPrints GmbH was not responsible (especially disruption of operations, power outages, labour dispute, unrest, difficulties in the procurement of materials or energy, delays in transit, lawful lockouts; lack of workers, energy or material; difficulties in obtaining necessary governmental permits, governmental measures; failure to deliver, incorrect or late delivery by a supplier) the delivery period shall be extended according to the duration of the event plus an appropriate arrangement time period, providing these circumstances significantly influence the time of dispatch from OvernightPrints GmbH. No damage claim shall arise from this extension of the delivery period. This shall also apply if such circumstances affect OvernightPrints GmbH's suppliers.

3.4 If the event described in 3.3 lasts for more than one month after the expiry of estimated timeframe, then either OvernightPrints GmbH or the Customer may terminate/cancel the contract. The cancellation is to be declared without delay and in written form towards the other party. This cancellation shall only apply to that part of the contract which is still not fulfilled, unless any dispatched partial delivery is not usable for the Customer. In that case, the cancellation shall also apply to any partial delivery already dispatched.

3.5 The shown and agreed delivery periods shall only be deemed estimates unless expressly agreed in writing to the contrary.

3.6 Delivery quantities can differ up to +/- 5 % for easy work and up to +/- 10 % for difficult 4 colour Customer orders. This shall also include waste sheets or make ready sheets which will not be sorted out of the run. The Customer shall therefore allow up to 10% extra for the order if exact numbers are required.

4. Terms of Shipment and Terms of Payment

4.1 The costs of shipment are set out on the website www.overnightprints.de through the Shipment Calculator which shall apply at the time the order is submitted. In case of dispatching to any country outside of the Federal Republic of Germany, further delivery costs may be imposed, together with any applicable taxes or custom duties, which shall be borne by the Customer. These shall all be set out on the www.overnightprints.de / www.overnightprints.at website before placement of the order.

4.2 OvernightPrints GmbH shall only dispatch once it has received payment in full including all associated shipping costs, taxes and duties set out on the website. The payment can only be made in the ways indicated as payment methods on the website. If the Customer wishes a COD (Cash on Delivery) payment he shall have to pay the extra costs for the COD.

4.3 Notwithstanding that the order has not yet become binding, the purchase price including the cost of shipment, taxes and duties shall be immediately due with the order.

4.4 In case of late payment, OvernightPrints GmbH shall have the right to claim default interest from the Customer in accordance with the legal regulations, and OvernightPrints GmbH may suspend delivery and cancel the order. The enforcement of further rights and claims due to this delay shall remain reserved.

4.5 Purchase order:
For purchase orders the invoice amount shall be due on the day stated in the invoice (20 calendar days from the invoice date) and is to be paid to our external partner Billpay GmbH .
The payment method purchase order is not available for all offers and requires (among others) a successful credit assessment by Billpay GmbH. If the Customer is permitted to place a purchase order for specific orders after passing the credit assessment, the handling of payments will be processed in cooperation with Billpay GmbH, to whom we cede our claim.
The Customer shall in this case only be able to pay to Billpay GmbH with the effect of discharging the debt. The Terms of Service (AGB) of Billpay GmbH apply.
OvernightPrints GmbH shall still remain responsible for general customer inquiries (e.g. about the goods, delivery time, shipping), returns, reclamations/complaints, declarations of revocation and returns related to such revocation or cancellation or credit notes.
The purchase order payment is only available for orders with a value between 0 Euro and 1000 Euro!

4.6 The invoice is sent exclusively by e-mail in PDF-format.

5. Transfer of Risk

5.1 If the Customer is a consumer, the risk of accidental loss and accidental worsening of the Product shall be transferred to the Customer at the time of delivery of the Product to the consumer.

5.2 In case of orders from businesses, the risk of accidental loss and accidental worsening of the Product shall be transferred to the Customer as soon as the Product is dispatched from OvernightPrints GmbH's premises. The regulations of (German Civil Code) Article 447 BGB (dispatching purchase) regarding orders from companies shall also apply if the dispatching is made using OvernightPrints GmbH's own means of transport or if OvernightPrints GmbH takes over the costs of cargo charges or when the delivery starts from another place than the OvernightPrints GmbH location.

5.3 The Customer shall be bound to accept partial delivery as long as it is reasonable.

5.4 The Products shall be packed as is usual in the trade, unless a special kind of packing is agreed upon in writing.

6. Retention of title

6.1 The delivered Product shall remain the property of OvernightPrints GmbH (hereinafter referred to as 'Reserved Commodity') until the full payment of purchase price including the costs of dispatching and any associated charges. If the Customer is a business, OvernightPrints GmbH shall reserve the right of ownership on the delivered articles until the receipt of whole payment from all contracts with the Customer.

6.2 In case of breach of important contract obligations by the Customer especially regarding delay in payments, OvernightPrints GmbH shall have the right to take the Reserved Commodity back and for that purpose, if applicable, to enter the premises of the Customer if the conditions of a cancellation of contract apply. The contract may be cancelled by OvernightPrints GmbH taking the Reserved Commodity back.

6.3 The Customer shall have the right of resale and for the utilisation of the Reserved Commodity only according to usual course of business under proper rules. The Customer shall not be entitled to other usage of the Reserved Commodity. If the Reserved Commodity is alienated by the Customer, then the Customer shall already cede the claims resulting from resale in the form of the price value of the Reserved Commodity (OvernightPrints GmbH's invoice amount including general sales tax) with all additional rights and status before all others to OvernightPrints GmbH. OvernightPrints GmbH accepts the cession. For OvernightPrints GmbH, the claims ceded from the Customer shall also refer to the recognised account balance, as well as to the then existing 'causal' balance in case of insolvency of third party. The Customer shall have the revocable right of collecting the debt. OvernightPrints GmbH's authority to collect on claims itself shall not be affected by this. If OvernightPrints GmbH decides to collect the debts for itself, especially in the cases of clause 6.2, then OvernightPrints GmbH shall be entitled to demand that the Customer notifies OvernightPrints GmbH about the ceded claims and their debtor, makes all necessary declaration about withdrawal, hands over the related documents and informs the debtor about the cession.

6.4 If the value of existing securities exceeds the claims to be secured by more than 20 %, OvernightPrints GmbH shall be bound to release the security according to its own choice if the Customer demands it.

7. Print Data of Customer, Obligations and Liability of Customer

7.1 OvernightPrints GmbH shall perform the print assignments automatically according to any data supplied by the Customer. The printing shall proceed in the way as it has been sent from the Customer, but without the reference lines for safe zone and cutting. The Customer shall take the responsibility that all data uploaded by him is properly formatted. OvernightPrints GmbH reserves the right to examine the data, but without making itself bound to do that. OvernightPrints GmbH may examine the presentation of the data by the Customer, but shall not be responsible for reviewing spelling, grammar or other writing, drawing or mapping mistakes in anything sent by the Customer.

7.2 The Customer shall be responsible for his submission of data and its contents and for ensuring that he has all user rights and the rights of publication and disclosure of data which are sent to OvernightPrints GmbH for the purposes intended. The Customer alone shall take the responsibility for that, and for ensuring that no rights of any third party have been violated by means of transferring and processing the data as well no other breach against any applicable law (including, without limitation, criminal law, competition rights, defamation, privacy and copyright) is taking place during the production and application of printing data and in the supply of the final Products. As far as the orders of or data supplied by the Customer violate or could violate the law or any third party rights or any moral rights, OvernightPrints GmbH shall have the right to refuse the processing without liability. However, OvernightPrints GmbH shall not be obliged to examine the contents of data or orders submitted by Customers. The Customer shall hold harmless, indemnify and keep indemnified OvernightPrints GmbH and OvernightPrints GmbH's employees, officers, agents, representatives and contractors against any and all losses, liabilities, claims, proceedings, judgments, damages, demands, actions, costs, charges, expenses, penalties and fines suffered by or incurred by OvernightPrints GmbH or OvernightPrints GmbH's employees, officers, agents, representatives and contractors resulting from any such orders and their contents or data supplied by the Customer or anything associated with that. In that case, the costs incurred by OvernightPrints GmbH for a necessary legal defence shall also be borne by the Customer.

7.3 The Customer shall ensure that the files submitted do not contain dangers like viruses or worms. Should OvernightPrints GmbH or their employees, officers, agents, representatives and contractors suffer damage caused by the use of the files submitted by the Customer, the Customer is liable to reimburse for the damages and additional costs resulting from the damage as well as further damages (consequential damages) and expenditures, provided that the damage was not beyond the Customer's control.

7.4 OvernightPrints GmbH may carry out the file check for incoming Customer data (uploaded files and created files from the online catalogue) at its absolute discretion. There shall be no obligation for OvernightPrints GmbH to warn the Customer or to check the file for any Customer data which is uploaded or supplied by the Customer or a third party commissioned by the Customer. In particular, OvernightPrints GmbH shall not be obliged to verify uploaded or supplied files regarding text, content and pictures stored in a file. There shall also be no liability on OvernightPrints GmbH for mistakes in and with such data provided by the Customer directly or indirectly. Furthermore, there shall be no liability for OvernightPrints GmbH for mistakes in the final Product if these caused by defective data uploaded or delivered by the Customer.

7.5 The Customer acknowledges that there can be colour variations in the final Product contingent due to the different manufacturing processes.

7.6 The duty for storing the data and the files shall be the responsibility of the Customer. OvernightPrints GmbH may either erase or optionally hold a copy of the Customer data and files for later use by the Customer.

7.7 The Customer shall not have any right to apply mechanisms, software or other scripts in connection with using the website www.overnightprints.de / www.overnightprints.at which may disturb the function of this website or can disturb the function of this website.

7.8 The Customer shall not take any measure or introduce any process which may have the consequence of placing an unduly heavy burden on the infrastructure of the website www.overnightprints.de / www.overnightprints.at nor interfere with anyone else's use of the website.

8. Warranty

8.1 Where the goods delivered contain a material defect, the Customer may firstly request OvernightPrints GmbH to eliminate the defect or deliver goods free from defects. However, if the Customer is a businessman, OvernightPrints GmbH may choose between the elimination of the defect or delivery of goods free of defects, whereby this choice may only be exercised by notification to the businessman in text form (including by fax or e-mail) within three working days following receipt of the notification of the defect.

OvernightPrints GmbH may refuse the type of subsequent performance chosen by the Customer if this is only possible at disproportionate cost.

8.2 Should the subsequent performance in accordance with Clause 8.1 be unsuccessful or be unconscionable for the Customer, or should OvernightPrints GmbH refuse subsequent performance, the Customer shall be entitled to rescind the contract of purchase, to reduce the purchase price or demand damages or reimbursement of the expenses he has incurred in vain. In regard to claims of the Customer for damages, the special provisions of Clause 9 of these General Terms of Business apply in addition.

8.3 Except as expressly agreed to the contrary, OvernightPrints GmbH gives no warranty that the Customer will be able to print over or otherwise inscribe the goods delivered. In the case of colour reproductions, slight variations from the original may occur in all printing processes which shall not constitute grounds for complaint. A guarantee for the fastness of colours, bronzes, varnishes, impregnations, laminations and rubber coatings is only given to the same extent as the suppliers to OvernightPrints GmbH give to OvernightPrints GmbH itself. The warranty is excluded where the defects in the goods result from improper assembly, commissioning, insufficient maintenance or failure to observe operating instructions.

8.4 The warranty period amounts to two years as from delivery where the Customer is a consumer; otherwise, the warranty period amounts to one year as from delivery.

8.5 The following provisions apply only for businessmen: the Customer shall carry out a careful inspection of the goods without delay following delivery. The goods delivered shall be deemed to have been accepted by the Customer if the defect has not been notified to OvernightPrints GmbH (i) in the case of visible defects within five working days following delivery or (ii) otherwise within five working days following discovery of the defect.

9. Liability

9.1 Where OvernightPrints GmbH has to accept liability for any damage caused through ordinary negligence pursuant to statutory provisions, the liability of OvernightPrints GmbH shall be limited as follows: liability only exists in the case of a breach of fundamental contractual duties such as, for instance, precisely those duties which the contract of purchase seeks to impose, having regard to its contents and purpose, or fulfilment of which makes the proper performance of the contract of purchase possible in the first place and on compliance with which the Customer generally relies and is entitled to rely.

9.2 OvernightPrints GmbH shall not be liable (irrespective on which legal ground) for any damage which is not typically to be anticipated under normal usage of the goods. The liability of OvernightPrints GmbH for damages is limited to the foreseeable damage typical for the type of the contract as at the point of time of its conclusion.

9.3 OvernightPrints GmbH shall not be liable for any loss of profit, indirect damage or consequential damage except in cases of deliberate intent or/and gross negligence.

9.4 The limitations specified in this Clause 9 shall not apply for the liability of OvernightPrints GmbH for warranted properties within the meaning of Article 444 BGB, for liability on account of injury to life, limb or health or under the Produkthaftungsgesetz [Product Liability Act].

9.5 The personal liability of the statutory representatives, vicarious agents and employees of OvernightPrints GmbH for any damage caused by them through ordinary negligence is excluded.

9.6 The foregoing limitations on liability shall not apply in the case of deliberate intent or gross negligence.

9.7 The Customer shall be obliged to notify OvernightPrints GmbH without delay of any damage within the meaning of the foregoing provisions governing liability.

10. Right of Withdrawal

The following right of withdrawal shall apply to contracts with consumers in terms of Article 13 of the BGB (German Civil Code).

10.1 Notice of right of cancellation in the case of delivery of goods which were not custom-made and are delivered in one consignment

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying reasons.

The cancellation period amounts to fourteen days as from the date on which you or any third party named by you, who is not the carrier, took possession of the goods.

In order to exercise your right of cancellation, you must inform us

OvernightPrints GmbH

Business Manager: Brett Heap, Arndt Eschenlohr

Weißeritzstraße 3

01067 Dresden

Phone: 034297 / 987000

Fax: 034297 / 987002

Email: service@overnightprints.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form, which, however, is not compulsory.

In order to comply with the cancellation period, it is sufficient for you to send off the notification of your exercise of the right of cancellation prior to the expiration of the cancellation period.

Consequences of cancellation

If you cancel this contract, we have to refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days as from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund. We may refuse to make the refund until we have received the goods back once more or until you have produced proof that you have returned the goods, whichever is the earlier point in time.

You have to return or deliver the goods to us, OvernightPrints GmbH, Weißeritzstraße 3, 01067 Dresden or to PLS GmbH,Südring 14, 04416 Markkleeberg - Germany, without delay and in any event no later than within fourteen days as from the date on which you notify us of the cancellation of this contract. You comply with this time period provided you send the goods back before the expiration of the fourteen day period. You have to bear the direct costs of returning the goods. You must only pay for any loss in value of the goods where this loss in value is a result of any handling of the goods which was not necessary for the purpose of inspecting their quality, features and functionality.

End of the notice of right of cancellation

10.2 Notice of right of cancellation in the case of delivery of several articles which were not custom-made and are delivered in more than one consignment

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying reasons.

The cancellation period amounts to fourteen days as from the date on which you or any third party named by you, who is not the carrier, took possession of the last article.

In order to exercise your right of cancellation, you must inform us

OvernightPrints GmbH

Business Manager: Brett Heap, Arndt Eschenlohr

Weißeritzstraße 3

01067 Dresden

Fax: 034297 / 987002

Email: service@overnightprints.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form, which, however, is not compulsory.

In order to comply with the cancellation period, it is sufficient for you to send off the notification of your exercise of the right of cancellation prior to the expiration of the cancellation period.

Consequences of cancellation

If you cancel this contract, we have to refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days as from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund. We may refuse to make the refund until we have received the goods back once more or until you have produced proof that you have returned the goods, whichever is the earlier point in time.

You have to return or deliver the goods to us, OvernightPrints GmbH, Weißeritzstraße 3, 01067 Dresden or to PLS GmbH,Südring 14, 04416 Markkleeberg - Germany, without delay and in any event no later than within fourteen days as from the date on which you notify us of the cancellation of this contract. You comply with this time period provided you send the goods back before the expiration of the fourteen day period. You have to bear the direct costs of returning the goods. You must only pay for any loss in value of the goods where this loss in value is a result of any handling of the goods which was not necessary for the purpose of inspecting their quality, features and functionality.

End of the notice of right of cancellation

10.3 Notice of right of cancellation in the case of delivery of goods which were not custom-made and are delivered in several part consignments or pieces

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying reasons.

The cancellation period amounts to fourteen days as from the date on which you or any third party named by you, who is not the carrier, took possession of the last part consignment or the last piece.

In order to exercise your right of cancellation, you must inform us

OvernightPrints GmbH

Business Manager: Brett Heap, Arndt Eschenlohr

Weißeritzstraße 3

01067 Dresden

Fax: 034297 / 987002

Email: service@overnightprints.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form, which, however, is not compulsory.

In order to comply with the cancellation period, it is sufficient for you to send off the notification of your exercise of the right of cancellation prior to the expiration of the cancellation period.

Consequences of cancellation

If you cancel this contract, we have to refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days as from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund. We may refuse to make the refund until we have received the goods back once more or until you have produced proof that you have returned the goods, whichever is the earlier point in time.

You have to return or deliver the goods to us, OvernightPrints GmbH, Weißeritzstraße 3, 01067 Dresden or to PLS GmbH,Südring 14, 04416 Markkleeberg - Germany, without delay and in any event no later than within fourteen days as from the date on which you notify us of the cancellation of this contract. You comply with this time period provided you send the goods back before the expiration of the fourteen day period. You have to bear the direct costs of returning the goods. You must only pay for any loss in value of the goods where this loss in value is a result of any handling of the goods which was not necessary for the purpose of inspecting their quality, features and functionality.

End of the notice of right of cancellation

10.4 Notice of right of cancellation in the case of the provision of services

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying reasons.

The cancellation period amounts to fourteen days as from the date of conclusion of the contract.

In order to exercise your right of cancellation, you must inform us

OvernightPrints GmbH

Business Manager: Brett Heap, Arndt Eschenlohr

Weißeritzstraße 3

01067 Dresden

Fax: 034297 / 987002

Email: service@overnightprints.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form, which, however, is not compulsory.

In order to comply with the cancellation period, it is sufficient for you to send off the notification of your exercise of the right of cancellation prior to the expiration of the cancellation period.

Consequences of cancellation

If you cancel this contract, we have to refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days as from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund.

If you have demanded that the services be commenced during the cancellation period, you have to pay us a reasonable sum in proportion to the share of services already provided up to the point in time when you notify us of the exercise of the right of cancellation of this contract compared with the overall scope of the services intended to be provided under the contract.

Important note
Your right of cancellation expires prematurely if, at your express wish, we begin with the performance of the contract prior to the expiration of the cancellation period.

End of the notice of right of cancellation

10.5 Exclusion of the right of cancellation in the case of delivery of goods which were manufactured in accordance with customer specifications

The statutory right of cancellation does not apply in the case of distance sales contracts for the delivery of goods where orders placed through the Internet site are produced by us, OvernightPrints GmbH, in accordance with customer specifications or are clearly tailored to the personal requirements of the consumer. No contractual right of cancellation is granted.

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10.6 Specimen Cancellation Form

If you want to cancel your contract, please return this form after completing it
To:
OvernightPrints GmbH
Weißeritzstraße 3
01067 Dresden

Fax: 034297 / 987002
Email: service@overnightprints.de

I/we hereby cancel the contract entered into by me/us on the purchase of the following article(s) / the provision of the following service:
Date of order / Date of receipt / Order number:
Name(s) of the consumer(s)
Address (es) of the consumer(s)
Signature(s) of the consumer(s)
Date


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11. Data Check, Data Protection

11.1 The Customer consents to OvernightPrints GmbH collecting, processing and using their personal data. Collection, processing and usage of personal data is handled in compliance with the current legal regulations, notably the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the Telecommunications Act.
The personal data of the Customer are collected, processed and used primarily for the purpose of processing and order and fullfilling the contract. They are not passed on to any third parties unless this is necessary for fullfilling the contract (e.g. passing data to the shipper or distributor for the purpose of delivery.

11.2 When placing an order OvernightPrints GmbH checks and evaluates the data provided by the Customer. OvernightPrints GmbH will exchange data with business information services (Creditreform) where there is a legitimate cause. The result of this evaluation will only influence the payment method, not the delivery.

11.3 The customer has right to take the consequences in future by cancelling the acceptance for elicitation, processing and the utilization of his personal information. The OvernightPrints GmbH is bound to delete the personal data in case of revocation for the purpose of deletion, as long as this information is not necessary for the processing of contract and for the processing of order.

11.4 Any use of OvernightPrints GmbH's website is subject to any other privacy policy on that website.

12. Positioning and Printing Errors, Corrections

12.1 Small errors in typography or the positioning of text, which are noticed in Customer's data during the voluntary file check done by OvernightPrints GmbH, shall be corrected free of charge in agreement with the Customer.

12.2 Time-consuming corrections of Customer's data will be invoiced to the Customer according to the necessary time (author's correction). Any changes requested by the Customer (by phone, Fax or email) shall be made by OvernightPrints GmbH without OvernightPrints GmbH accepting responsibility for the correctness.
If changes are submitted by email, the Customer shall be responsible for contacting OvernightPrints GmbH in a suitable way (e.g. by phone) to inform it that the request for changes was received. Most especially this applies to changes of data already submitted for an order after the order process is complete.

13. Applicable Law, Place of Jurisdiction

13.1 The relationship between OvernightPrints GmbH and the Customer and anything else in relation to the contract between them shall be governed solely according to the law of Federal Republic of Germany under the exclusion of UN Convention on Contracts for the International Sale of Goods.

13.2 If the Customer is a business or if he has generally no place of jurisdiction inside the country or if he shifts his residence to a foreign country after making an agreement or if his residence is not known at the time of commencing of court proceeding, the place of jurisdiction for all kinds of disputes between OvernightPrints GmbH and the Customer in relation to the contract shall be the place of jurisdiction of OvernightPrints GmbH (Dresden). However, OvernightPrints GmbH shall also have right to pursue court proceedings against the Customer at the Customer's local or general place of jurisdiction.

14. Further information for consumers

14.1 OvernightPrints GmbH shall not be bound by specific codes of conduct.

14.2 Possible mistakes made while creating your order can be seen and corrected with the "Edit"-buttons from the order summary in the shopping cart before completing the order.

14.3 Information about the essential characteristics of our Products can be drawn from the Product descriptions on our website.

14.4 The contractual language is German.

14.5 Complaints, reclamations or other guarantee claims/warranty claims can be brought forward under the address given in our imprint.

14.6 You are informed about your possibilities for noticing and correcting errors during the course of the order process.

15. Loyalty points programme (Printing Dots)

As part of our Loyalty programme Customers can collect so called "Printing Dots" (henceforth called "dot"/"dots"). The programme is applicable once a total transaction value of 50 EUR was reached within the past 12 months from the receipt of payment of the latest order.

The dots are credited to the account once the order was handed over for delivery. Exceptions to this are Cash on Delivery orders and invoices for additional services, where the dots are only credited once we actually have received the payment.

For every Euro of the net value of an order one dot is collected. For purchases in GBP the Customer receives dots in the converted-to-Euro- value of their purchase. The cost for processing time and shipping does not count towards the dots.

The current discount level and the value of the currently available dots is displayed both in the shopping cart and under "Customer login". These dots may be used against a discount in a subsequent order.

The value of a printing dot shown in the shopping cart is an average of all collected dots. Usually the value corresponds to the current discount level.

Downwards deviations may occur, when dots of a lower discount level have not yet been redeemed. In such cases an average of the values of all collected dots with their respective values is calculated.

All collected printing dots have a maximum life span of 12 months from the time they were collected. After that, if they remain unredeemed, they automatically expire and are deleted. They then can no longer be used as a discount value by the Customer.

These discounts cannot be used on the costs for "processing time and shipping". Furthermore, Printing Dots cannot be exchanged for cash or credit, but only used in the process of placing an order with OvernightPrints.

16. Complaint-Procedures

16.1 The European Commission has set up a platform for online dispute resolution (ODR). The ODR-platform is meant to resolve complaints regarding contractual obligation of online purchases without going to court. The client can reach the ODR-platform via the following link: http://ec.europa.eu/consumers/odr/
We are not obliged and also not prepared to participate in an arbritration process in front of a conciliation committee for consumers.



Privacy Policy

of

OvernightPrints GmbH
(updated: February 2015)

The following Privacy Policies are valid for handling of user information by OvernightPrints GmbH. They are valid additional to the general terms of conditions.

§ 1
Data processing

1. OvernightPrints GmbH stores, works and uses the user data based on and with observance of the privacy law, particularly TMG and BDSG.

2. OvernightPrints GmbH is allowed to particularly work and pass personal information, as far as it is needed for processing the contract (master files), service delivery or invoicing (user information).

3. Master Files:

· Name

· Address

· Phone-Number

· E-Mail-Address

4. User information:

· Created images

· Membername

· Personal password

· Order number

· Bank account information

· Invoice amount

· IP-Address



§ 2
Data to be passed

OvernightPrints GmbH will not share user information or master files with any third parties without prior permission of the user or by law , unless there is no legal inquiry, governmental or judicial orders, degreeses or guidelines which obliges OvernightPrints GmbH to give the data to third parties.

§ 3
Cookies

OvernightPrints GmbH stores and works with your User Data among other things via so called Cookies. This cookies serve as identification of the user during he is on one of the OvernightPrints GmbH Homepages. The cookies will be saved on the computer of the user. In the end of the session the cookies expire automatically.

§ 4
Log-Files

1. OvernightPrints GmbH save the following information on each page view in a Log File:

· IP-Address,

· Remote host,

· Time,

· Status,

· Transferred data volume,

· Preceding Internet pages before the actual page

· Product- and Release information of the used Internet-Browsers.

This information will be made anonymous and be used for statistics analysis an error detection.

2. OvernightPrints GmbH reserves the right to check the Log Files later on based on the last known IP-adress of users which are on suspicion because of actualities to use the service of OvernightPrints GmbH illegal or contrary to contract.

§ 5
Use of customer information only with approval

OvernightPrints GmbH will use the stock data of the customers for promotion, advertisement, consulting and marketing research only if the customer gives his approval to this procedure.. This approval of the customer can be cancelled at any time at

OvernightPrints GmbH

Weißeritzstraße 3

01067 Dresden

Tel: 034297 / 987000

Fax: 034297 / 987002

E-Mail: service@overnightprints.de

Independent of the customer decision if he will or will not give his approval, OvernightPrints GmbH will render the service.

§ 6
Identity and credit check when selecting Billpay-payment options

If you select one of the payment options of our partner Billpay GmbH , you will be asked to give your consent that we forward the data necessary for an identity and credit check to Billpay. If you do give your consent, your data (first and last name, street, house number, post code, city, date of birth, phone number and - in the case of direct debit payment - bank details given) as well as the details concering your order will be forwarded to Billpay.

For the purpose of doing their identity and credit check, Billpay (or partner companies appointed by Billpay for this purpose) will forward data to credit agencies and will receive information (incl. creditworthiness information) based on mathematical-statistical methods which include the use of address data. More detailed information about this and about the credit agencies used is available in the Billpay Privacy Policy.

Furthermore, Billpay may use third party auxilliary means for the detection and prevention of fraud. Data generated with these means may be saved with third parties in such a way that they are accessible and readable exclusively by Billpay. Only if you select and use one of the payment options of our partner Billpay will these data be used, otherwise they will automatically expire after 30 minutes.






§ 7
Changes of Privacy Policy

OvernightPrints GmbH reserve the right, to modify this Privacy Policy at any time. In this case OvernightPrints GmbH will inform all customers with stored data on OvernightPrints GmbH side at the latest four weeks before the modification coming into effect per Email.





Mo-Fr 8-19 h
034297 / 987000
service@overnightprints.de