I) General

The following terms and conditions apply to business relationships and the initiation of business relationships in distance selling.
They apply exclusively to contracts for the following movable items: foils, fabrics, flags, banners, flagpoles, fabric paint, foil paint, spray paint cans, cardboard panels, glow sticks, confetti, balloons, umbrellas, adhesives, rubber rings, megaphones, flame retardants, care products, textiles, scarves, accessories and promotional items.

Contractual partner (hereinafter: seller) will:

Supporters GmbH

Edisonstr. 10-12
D-68623 Lampertheim

Email: info@supporters.de

VAT ID: DE266029556

Commercial register Darmstadt HRB 92102
The company is based in Lampertheim

Management: Timo Grommes
Authorized officer: Sandro Battaglia

Contractual partners (hereinafter: buyers) can be natural or legal persons.

II) Scope

(1) The following General Terms and Conditions (T&Cs) apply to all contracts concluded between Supporters GmbH (hereinafter "Seller") and the buyer for the delivery of goods and the processing and finishing of fabrics, foils, textiles and promotional items . The terms and conditions also apply to all future business relationships, even if these are not separately agreed again.
(2) Deviating conditions of the buyer, which the company Supporters GmbH does not expressly recognize, are non-binding for the Supporters GmbH, even if they do not expressly contradict them. The following general terms and conditions also apply

III) Offer and conclusion of contract

(1) All offers by Supporters GmbH are subject to change and non-binding unless they are expressly marked as binding or contain an acceptance period. The seller can accept orders or commissions within fourteen days of receipt.
(2) The written order confirmation, including the General Terms and Conditions of Delivery, is solely authoritative for the legal relationship between the seller and the customer. Verbal promises by the seller prior to the conclusion of the order confirmation are not legally binding and verbal agreements between the contracting parties are replaced by the written order confirmation, unless they expressly state that they continue to be binding.
(3) Additions and amendments to the agreements made, including the General Terms and Conditions of Delivery, must be in writing to be effective. With the exception of managing directors or authorized signatories, the seller's employees are not entitled to make verbal agreements that deviate from this.
(4) The contract language is exclusively German.

IV) Prices and terms of payment

(1) The prices from the Supporters GmbH offer apply ex works and include standard packaging, unless otherwise specified in the order confirmation. Statutory value added tax is already included in the prices; this is shown separately on the invoice at the rate applicable by law on the day of invoicing.
(2) Payments must be made in accordance with the conditions noted on the invoice.
(3) In the event of late payment, standard bank interest can be charged. Payments are always used to settle the oldest due debt items plus the default interest accrued on them. A payment is only deemed to have been made when the seller can also dispose of the amount.
(4) The buyer is only entitled to offsetting, even if notifications of defects or counterclaims are asserted, if the counterclaims have been legally established, have been recognized by Supporters GmbH or are undisputed. The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

V) Delivery and service time

(1) Delivery dates or deadlines that have not been expressly agreed as binding are purely indicative. The delivery times specified by Supporters GmbH only begin when all questions relevant to production have been clarified and the appropriate prerequisites have been created. Likewise, the buyer must fulfill all his obligations properly and in good time.
(2) Supporters GmbH is not liable for the impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes , lawful lockouts, lack of manpower, energy or raw materials, difficulties in obtaining necessary official permits, official measures or non-existent, incorrect or late delivery by suppliers) for which the seller is not responsible. If such events make the delivery or service significantly more difficult or impossible for the seller and the hindrance is not only of a temporary nature, the seller is entitled to withdraw from the contract. In the event of hindrances of a temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the order by means of an immediate written declaration to the seller.
(3) Supporters GmbH is entitled to make partial deliveries and partial services at any time, provided this is reasonable for the buyer.
(4) If the buyer is in default of acceptance, Supporters GmbH is entitled to demand compensation for the damage incurred and any additional expenses. The same applies if the buyer culpably violates the obligation to cooperate. The risk of accidental deterioration and accidental loss passes to the buyer upon the occurrence of default of acceptance or default by the debtor.

VI) Passing of risk, shipping, packaging and transport insurance

(1) Unless otherwise expressly agreed, loading and shipping are at the expense of the buyer. The choice of shipping method and shipping route is made in consultation between Supporters GmbH and the buyer and is fixed in writing. If the customer does not expressly select any of the shipping methods offered by Supporters GmbH, the selection is made by the seller at his reasonable discretion.
(2) At the request and expense of the buyer, the seller can also secure a delivery of goods with transport insurance.
(3) The buyer must check the delivery for transport damage immediately upon receipt and report any damage immediately in writing, creating a damage report to the transport company and Supporters GmbH. 
(4) Supporters GmbH does not take back transport or any other packaging in accordance with the packaging regulations; pallets are excluded. The buyer is responsible for the disposal of packaging at his own expense.
(5) If dispatch is delayed at the request of or through the fault of the buyer, the seller will temporarily store the goods at the buyer's expense and risk. In this case, notification of readiness for dispatch is equivalent to dispatch.

VII) Warranty & Liability

(1) Supporters GmbH is liable to the buyer in accordance with the statutory provisions. The buyer is entitled to the statutory warranty rights.
(2) The delivered goods must be carefully examined immediately after delivery to the buyer or to a third party designated by him. The delivered items are deemed to have been approved and accepted unless Supporters GmbH has submitted a written notice of defects with regard to obvious defects or other defects that were recognizable during an immediate, careful examination.

VIII) Print Production
(1) Data required for the creation of print products (print data) must be provided by the buyer in the file formats and specifications specified by us. The contents and specifications of our data sheets must be taken into account. If the specifications of Supporters GmbH for print data were not met, we are not liable for defects in the print products in this regard. The same applies to possible changes (e.g. color changes) that can be traced back to non-compliance with the file formats and specifications by the buyer.
(2) Checking the completeness and correctness of the print data is the sole responsibility of the buyer. We do not check the content or technical aspects of the print data. If the print data has obvious errors that are recognizable to everyone and which do not allow further processing by Supporters GmbH, the seller will point out these errors to the buyer and request correction.

(3) If the buyer does not deliver corrected print data despite being requested to do so, or does not do so in good time for agreed delivery dates to be met, Supporters GmbH shall not be liable for damages due to delay in performance. In this case, Supporters GmbH is not obliged to carry out the print job. In this case, the buyer's obligation to pay remains unaffected.

(4) If the buyer commissions Supporters GmbH to adapt the supplied print data to the content and specifications of our data sheets, the seller is entitled to charge the agreed remuneration for this adaptation effort.

(5) If the buyer commissions Supporters GmbH to create the layout, a separate agreement must be made.

(6) By sending the print data, the buyer assures that he has all the necessary rights and licenses for the content of his print data. The buyer guarantees that the print files do not violate applicable law, in particular criminal law. In particular, the buyer guarantees that the print files and their use for the product do not infringe any copyrights, trademarks or other property rights, general personal rights or other third-party rights.

If the rights of third parties are violated by the processing of the order, the buyer is obliged to fully indemnify Supporters GmbH from third-party claims. The exemption also includes the costs of legal representation, including any court costs. Upon request, the customer will provide us with appropriate support in defending against third-party claims.

(7) The buyer grants Supporters GmbH a simple, geographically unrestricted right to use the print files for the production of the print products. This includes the right to reproduce and edit them or have them reproduced and edited by a service provider, insofar as this is necessary to create the print product, and to save them in their user account if so requested by the customer.

(8) Complex print jobs with special assemblies must be described in detail in writing by the buyer before the contract is concluded. If necessary, the Supporters GmbH must be provided with sketches that are necessary for an understanding of the desired print product. The information received from the customer is not checked by us for correctness and completeness. The order is concluded with the content described in the order confirmation, unless the buyer reports any errors immediately after receipt of the order confirmation or the period specified in the order confirmation.

(9) The deadline for receipt of the print data can be found in the respective order confirmation. If this deadline is not met, the delivery date may be delayed; this is to be accepted by the customer. All costs incurred (express costs, costs arising from changes to the place of delivery or change of address) of a subsequent order change and/or adjustment will be passed on to the buyer.

IX) Product-specific features

(1) Information in the online shop or in other descriptions regarding cost estimates, illustrations, drawings, weight, measurement, performance or other design information or technical data of the ordered goods may be subject to minor production or batch-related deviations. These deviations are normal and to be expected for items of the same type. Normal use is not restricted by this if and to the extent that these do not or only insignificantly affect the intended use of the goods in question.

(2) Information about the properties of the goods are pure product descriptions and only belong to the agreed quality if they are reproduced in writing by us in a separate offer or an order confirmation. Guarantees are only binding for Supporters GmbH if they are designated as such in an offer or an order confirmation and our obligations are also recorded there in detail. The mere fact that the customer is clearly interested in the existence of certain product properties does not justify a guarantee.
(3) The buyer is aware that the products ordered by him can be exposed to environmental influences depending on their intended use and that color and material changes can occur as a result. These changes in products are common and expected for items of the same type. Normal use is not restricted by this. We reserve the right to obtain our materials from different manufacturers, whereby there may be slight fluctuations in the base material and our product specifications, especially in the case of printed products.
(4) Minor color deviations due to technical reasons during production between the product and the template, between different orders and individual production pieces within an order are normal and expected for items of the same type. The usual use is not restricted by this, provided that these are reasonable for the buyer.

(5) The buyer is aware that when creating printed products and fabrics, especially flags, there may be slight fluctuations in the base material and slight deviations in the final format due to manual work, fabric distortion, the nature of the base material and temperature differences during the printing process. Slight deviations in the final format, which fall within a range of up to 1% for sheets and foils, up to 2% for PVC and up to 5% for fabrics, are normal for items of the same type and normal use is not restricted by this.
(6) The buyer is responsible for checking the suitability of the products for the intended use. The customer is obliged to use the products in accordance with the respective product description, the usage and safety instructions provided there and only within the scope of the respective intended purposes. This applies in particular to the nature of the substrate intended for use and the corresponding assembly instructions. If necessary, the customer must carry out suitable application tests in advance. We are not liable for damage caused by missing tests, improper use of the product, use of the product for other purposes, or use that is otherwise contrary to the respective product description.
(7) The buyer is obliged to obtain any permits or approvals required for the use of the product in good time and to comply with the relevant legal provisions for the use of the product.

X) Retention of title

(1) The delivered goods (reserved goods) remain the property of Supporters GmbH until all claims, including all current account balance claims, to which Supporters GmbH is entitled against the buyer now or in the future have been fulfilled.
(2) In the event that the buyer behaves in breach of contract, in particular in the event of default in payment, Supporters GmbH has the right, after setting a reasonable deadline, to demand the return of the  reserved goods or new goods and/or to withdraw from the contract; the buyer is obliged to surrender. Neither the demand for return nor the seizure of the reserved or new goods constitutes a declaration of withdrawal by the seller, unless this is expressly declared.

XI) Cancellation policy

Consumers have a right of withdrawal with regard to the purchased goods - if the provisions on distance contracts are applicable 

Subject to the following instruction: 

XI.1) Right of withdrawal 

The buyer has the right to withdraw from the contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which the buyer or a third party named by the buyer who is not the carrier took possession of the goods.

In order to exercise the right of withdrawal, the buyer must inform Supporters GmbH of his decision to withdraw from the concluded contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The customer can use the attached model withdrawal form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for the buyer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

The revocation or the return should be sent to:  

Supporters GmbH
Edisonstr. 10-12
68623 Lampertheim

Email: info@supporters.de

XI.2) Exclusion

(1) The right of withdrawal does not apply to distance contracts and individual items that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

XI.3 Consequences of revocation

If the buyer revokes the contract, Supporters GmbH is obliged to make all payments that Supporters GmbH has received from the buyer, including delivery costs, immediately and at the latest within fourteen days from the day on which Supporters GmbH received notification of the buyer's revocation is to pay back. Supporters GmbH can refuse repayments until any goods that may still be with the buyer have been returned to Suppoerts GmbH.

In the event of a cancellation, the buyer must send back or hand over the goods already received to Supporters GmbH immediately and in any case no later than fourteen days from the day on which the buyer informed the seller of the cancellation. The deadline is met if the buyer sends the goods before the period of fourteen days has expired. Any costs incurred for returning the goods are to be borne by the buyer.

The buyer is only liable for any diminished value of the goods resulting from the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

XII) Place of Performance, Place of Jurisdiction, Applicable Law

(1) The place of performance and place of jurisdiction for deliveries and payments as well as all disputes arising between Supporters GmbH and the buyer from the purchase contracts concluded between Supporters GmbH and the buyer is the registered office of Supporters GmbH, Lampertheim. Supporters GmbH, on the other hand, is entitled to sue the buyer at his place of residence and/or place of business. 
(2) The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.