Please read the following terms and conditions closely before using the PediaPress website. By accessing, browsing, and using this site, you acknowledge that you have read, understood, and agree to comply with these Terms & Conditions.
Last Revised April 25, 2008
(1) The present General Terms and Conditions are part and parcel of every contract between the PediaPress GmbH, Taunusstrasse 61, 55120 Mainz, Germany (in the following referred to as PediaPress) and the Customer (in the following referred to as Customer) as well as their legal successors.
(2) PediaPress effects services, performances and deliveries exclusively on the basis of these General Terms and Conditions.
(1) The presentation of the services, in particular brochures, advertisements and on the internet, is a non-binding offer of PediaPress.
(2) A contract materializes only after the confirmation in writing of the order by PediaPress or with the beginning of the execution of the contract by PediaPress. Additional agreements, modifications and addenda are valid only when authorized by PediaPress in writing.
(3) PediaPress reserves the right to reject orders of a Custumer in the individual case. Orders of Customers can be rejected in particular, if the Customer furnishes documents, contents or materials which infringe valid German Law.
(1) The processing of the furnished data of the Customer is effected within a technically automated procedure without the manual preliminary examination and correction through PediaPress. The Customer confirms by uploading files that he has the right to disperse and to duplicate the contents and materials of that file.
(2) The Customer guarantees that the contents and materials of a sent file do not infringe valid German Law.
(3) The Customer guarantees in particular,
a) that no illegal documents, materials and contents which glorify violence, are demagogue or racist, no propaganda material, emblems of anticonstitutional parties or their alternative organizations or instructions on how to commit a crime, pornographic documents, materials or contents concerning the sexual abuse of children or sexual actions with animals and no discriminating statements or pictures concerning race, sex, religion, nationality, handicaps, sexual preference or age will be sent to PediaPress;
b) that no laws relative to the protection of children and young persons will be violated. This applies in particular for the legal regulations of §§ 184 ff. German Penal Code (StGB) (dissemination of pornography), 185 ff. German Penal Code (StGB) (insult, slander, libel) as well as for the provisions of the Interstate Treaty for the Protection of Minors from Unsuitable Media Content;
c) that the documents (in particular picture and text files), contents and materials which are sent to PediaPress, do not infringe copyrights, trademark rights or other protective rights of third persons.
(1) PediaPress is to be held liable for damages caused by intent or gross negligence. For the rest PediaPress is only to be held liable for injury of life, body and health and the violation of major contractual duties (cardinal obligations). This applies also for indirect consequential damages such as loss of profit in particular.
(2) The liability towards consumers is limited to typical for the contract and foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence or damages due to the injury of life, body and health and the violation of major contractual duties (cardinal obligations). This also applies for indirect consequential damages such as a loss of profit in particular.
(3) The liability towards companies is limited to typical for the contract and foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence or damages due to the injury of life, body and health. This also applies for indirect damages such as a loss of profit in particular.
(4) The limitation of liability mentioned in paragraphs 1 to 3 shall also apply in favour of employees and vicarious agents of PediaPress.
(5) Liability claims according to the Product Liability Act remain unaffected.
(6) In case the Customer violates one of the obgligations mentioned in § 3 par. 2 and 3 or in case he violates another valid law, the Customer fully exempts PediaPress from claims of third persons from the date of the first request of the third person. The Customer shall bear all costs, in particular solicitor's fees, legal costs, costs of proceedings and damages which arise to PediaPress in this context.
(1) If the Customer is a consumer (§ 13 German Civil Code (BGB)), he has the possibility to cancel his order within 14 days on the receipt of the goods without indicating any reason. This cancellation is to be done in writing, in text form or by returning the goods to PediaPress.
(2) This right of revocation is not valid for contracts related to the delivery of goods which PediaPress manufactured according to your specifications or which were obviously customized to the personal needs of the Customer or which cannot be returned because of their nature.
(1) We reserve the right to amend these Terms from time to time.
(2) Modifications or amendments of these General Terms and Conditions are to be done in writing. This applies also to the removal of the requirement of the written form.
(3) German legislation applies, excluding the UN Sales Law. Imperative requirements of the state where the Customer has his usual residence remain unaffected.
(4) The place of jurisdiction for the disputes resulting from our contract shall be the business location of PediaPress.
(5) In the case of an invalidity of individual clauses of these General Terms and Conditions or a contradiction of legal requirements, the validity of these terms as a whole will not be affected. The contracting parties will replace the invalid clause by mutual agreement by a clause which comes the closest to the economic sense and purpose of the invalid clause in a legally effective way. The present regulation is equally applied for gaps in the provisions of this contract.
(6) In case of any contradictions, legal disputes or other cases, the German language version of the General Terms and Conditions shall prevail if available.