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General terms
and conditions


  1. General

    The following terms and conditions apply to all business transactions between the parties. Their content alone is authoritative. The parties have accurately and completely set down in writing all agreements which they have made with each other on the occasion of the present contract as they result from the contractual agreements and the General Terms and Conditions of Business and Delivery of Drauf und Dran GbR; the parties have not made any other agreement with each other on the occasion of this contract; supplements and ancillary agreements going beyond this require written confirmation to be effective.

    In cases in which the parties each refer or make reference to their own General Terms and Conditions, these shall only be authoritative insofar as they do not contradict each other. In all other respects, the customer undertakes to negotiate in good faith to replace the invalid provisions with valid ones that come as close as possible to the economic purpose pursued by the invalid provisions.

  2. Offer

    Offers are subject to change. They are differentiated according to the identifier and are generally valid for 3 months. After expiry of the period of validity, the item must be enquired about again. The price offer is made exclusively in euros per unit of quantity, net, without statutory value added tax. The respective statutory value added tax shall be charged additionally and listed separately in the invoice.

    Orders placed by the customer with us merely constitute an offer to conclude a contract. All offers from us are also subject to change until the order is accepted. Acceptance of an order by us shall be effected by means of an order confirmation or delivery and performance. If an order from the customer deviates from our offer, a contract shall only be concluded upon confirmation by the contractor.

  3. Order confirmation

    Orders shall be confirmed in writing by the contractor. If for reasons of time the written confirmation cannot be made, all delivery papers and the invoice shall subsequently be deemed to be confirmation of the order placed. Only the details, conditions, dates and prices listed in the order confirmation are valid and form part of the contract. The order confirmation is made on the basis of the contractor's terms and conditions stated in the offer. They shall also have sole validity if the Client's terms and conditions deviate and are not expressly rejected by the Contractor. The rejection must be made before the order is placed, must precisely describe the scope of the rejection and shall only become valid after the contractor has agreed in writing.

  4. Right of withdrawal

    The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.


If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and is acting in the exercise of his commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply.

  5. Order scope and execution, print motifs and printing technique

    All templates for print motifs requested by the client (graphics, logos, texts) must be submitted as digital files by e-mail to the address "This email address is being protected from spambots. You need JavaScript enabled to view it.". The formats accepted by Drauf und Dran GbR are specified on the Drauf und Dran GbR website ( Incoming data will be checked by Drauf und Dran GbR for suitability for printing. If the print motifs prove to be unsuitable for reasons for which Drauf und Dran GbR is not responsible, Drauf und Dran GbR shall be released from its obligation to perform until such time as suitable print motifs are submitted.

    Transmitted data shall only be deemed to have been received if receipt has been expressly confirmed by Drauf und Dran GbR in writing or in text form. This does not apply if Drauf und Dran GbR is responsible for the lack of receipt or if the confirmation is wrongfully refused. Drauf und Dran GbR reserves the right to make excess and short deliveries compared to the order due to production reasons, provided that the excess or short deliveries are reasonable for the customer.

    A deviation in the number of items of up to 10% shall be deemed reasonable. In the case of a mix of articles or sizes, a deviation in the number of items of up to 15% per individual article and/or size shall be deemed reasonable, but no more than a deviation in the number of items of the total order quantity of up to 10%. The client reserves the right to prove that in the individual case only a smaller excess or short delivery is reasonable. In the event of an excess delivery, the actual delivery quantity shall be remunerated, at the most the reasonable delivery quantity. In the event of a short delivery, the client shall pay for the actual delivery quantities.

    Drauf und Dran GbR uses different printing techniques (such as screen printing, transfer printing or sublimation printing) depending on the requirements. Line drawings (with uniform colour areas) are reproduced using screen printing (standard printing process). For areas with different colour gradations (halftones), other processes are used. Here, halftones may be visible (when using the transfer printing process) or slight blurring may occur (when using the sublimation printing process).

    With prolonged intensive use of a printed item, the print may fade or peel off. Depending on the material, print or colour, textiles require care that is individually tailored to the material. The following things should be observed to ensure that your individually printed textiles remain in good condition for as long as possible. Wash at 30°C maximum Always turn printed T-shirts inside out and iron The motif should never come into direct contact with the hot iron Different print motifs should not touch each other when ironing the fabric Never use chemical agents (especially fabric softener) to clean printed shirts Do not tumble dry printed shirts.

    For the definition of colours Drauf und Dran GbR exclusively uses the "coated" palette of the Pantone colour system. The client specifies his colour wishes according to the Pantone colour system. Due to the material used on which the print is applied, marginal deviations (+/- 1 colour tone) may occur. These do not constitute a defect entitling the customer to a warranty. If fabrics are dyed, marginal deviations (+/- 2 colour tones) may also occur. Such deviations also do not constitute a defect that entitles the customer to a warranty. If textiles are produced, slight deviations (+/- 1-2 cm) from the specified cutting chart or production sample may also occur. This also does not constitute a defect that entitles the customer to a warranty.

  6. Produktionsspezifische Besonderheiten, Beanstandungen

    In all manufacturing processes, minor deviations from other orders or individual pieces cannot be objected to.

This applies in particular to:

    • minor colour deviations between two or more orders
    • minor colour deviations compared to a previous order
    • minor colour deviations between individual sheets within a job
    • minor cutting and folding tolerances (=deviations from the final format); especially for brochures as well as for pochettas up to 4 mm from the closed final format,
    • for all magazines, notebooks and coupon books up to 2 mm from the closed final format
    • for napkins up to 1.5 mm from the closed final format
    • advertising technology products 1-2% of the final format
    • all other products up to 1 mm from the (closed) final format
    • minor colour deviations between the inner part and the cover of magazines
    • slight offset (up to 0.3 mm) of the partial UV varnish, hot foil stamping or relief varnish to the print motif.

    For technical reasons, the same applies to the comparison between other originals (such as proofs, proofs and print data), even if they were created by us, and the final product.

    Due to the production process, the running direction of the paper cannot be taken into account during placement. Any resulting slight cracking during folding as well as deviations in the strength or stiffness of the product are to be accepted and cannot be objected to.

    The following applies to dispatch to a delivery address: Excess or short deliveries of up to 5% of the ordered goods cannot be objected to. This also includes waste, start-up sheets, set-up copies of further processing machines, production-related off-cuts of the top and bottom sheets.

    The following applies to shipments to several delivery addresses: Excess or short deliveries of up to 5% of the ordered goods per delivery address cannot be objected to. This also includes waste, start-up sheets, set-up copies of further processing machines, production-related waste of the top and bottom sheets.

    We shall only be liable for deviations in the quality of the material used up to the amount of the order value.

  7. Third party rights, indemnification

    The customer guarantees that the templates (in particular image and text files), contents and materials sent to us do not infringe any copyrights, trademark rights or other proprietary rights of third parties, the general right of personality or other rights of third parties.

    The customer declares that he is in possession of the copying and reproduction rights of the submitted data.

    The customer shall indemnify us on first demand against all claims of third parties and undertakes to compensate us for any damage incurred by us on account of the third party's right. This also includes any legal costs incurred by us (lawyer's fees and court costs).

  8. Prices

    Drauf und Dran GbR reserves the right to increase the agreed prices for goods and services if the deliveries or services are to take place later than four months after the conclusion of the contract and this is required for reasons for which Drauf und Dran GbR is not responsible. Drauf und Dran GbR expressly reserves the right to customary quantity or quality tolerances, in particular in the case of printed products and promotional items; these can be requested by the customer.

    The goods offered are subject to prior sale, offers of Drauf Und Dran GbR are valid for 30 days.
    Design work and proofs at the customer's request may be invoiced at cost. This applies in particular if the order is not placed.

    Unless an individual payment plan has been agreed, payments on account may be demanded for partial services in the amount of the value of the services rendered.

  9. Delivery

    Delivery shall be ex works, unpacked and at the risk of the client. All necessary insurances must be taken out by the client in good time.

    The contractor is entitled to deliver with the difference between the order quantity and the delivery quantity of +/- 10%, which is customary in the industry. Unless otherwise agreed, the necessary packaging shall be determined by the contractor and invoiced to the principal at cost price. Transport crates shall be credited with 2/3 of the invoiced price if they are returned in good condition free delivery works within 4 weeks. Pallets of any kind shall either be issued in exchange or invoiced at cost price. The contractor reserves the right to reject defective or inferior pallets for exchange.

    If the performance owed by us is delayed due to force majeure, lawful strike, unfavourable weather, inability on the part of the contractor or one of his suppliers through no fault of his own, an agreed delivery period shall be extended by the duration of the delay.
    If the delay lasts for an unreasonably long period, either party to the contract may withdraw from the contract without compensation.

    If delivery cannot be made on the agreed date due to circumstances for which the principal is responsible, the risk shall pass to the principal at the time he receives notification that the goods are ready for delivery. Storage costs shall be borne by the client and the right to claim further delay costs is reserved.

  10. Delay in delivery

    Ein Lieferverzug liegt erst dann vor, wenn der bestätigte Liefertermin, zuzüglich aller durch die genannten Verzögerungen automatisch entstandenen Fristen, überschritten ist und der Auftraggeber den Auftragnehmer schriftlich in Verzug gesetzt hat. Der Auftraggeber ist erst nach einer angemessenen Nachfrist berechtigt, die ihm gesetzlich zustehenden Rechte geltend zu machen. Eine Forderung wegen entgangenen Gewinns kann der Auftraggeber nicht stellen.

  11. Default of acceptance

    If the Client does not accept the ordered goods on the agreed date or later, or if dispatch is impossible for a longer period of time due to circumstances for which the Client is responsible, the Contractor may store the goods itself or place them in storage with a forwarding agent at the expense and risk of the Client. The contractor may exercise all rights under § 326 of the German Civil Code (BGB). He is also entitled to partially withdraw from the contract and to demand compensation for the other part.

  12. Complaints/notices of defects

    The client is obliged to inspect the goods delivered by the contractor upon receipt. In the event of complaints, the notice of defects must be given within eight days. Defects found in part of the delivered goods do not entitle the client to reject the entire delivery. The contractor has the right to repair or replace the goods. The principal may only demand a reduction in price, but not redhibitory action or compensation for damages.

    Hidden defects that were not found after immediate inspection can only be claimed if the notice of defect is received by the contractor at the latest 3 months after delivery or provision.

    Deviations in the quality or appearance of the delivered goods cannot be objected to by the client if they are customary in the industry and comply with the delivery conditions of the relevant associations.

  13. Provision of materials

    If the client provides the material in whole or in part, delivery must be free domicile. Receipt shall be confirmed in accordance with the enclosed transport documents, but without checking for correctness, with the usual reservation. If the client requires a differentiated incoming inspection of the materials provided, he must place an order for this, give all necessary instructions and bear the costs incurred.

    Packaging materials resulting from the processing of provided materials, as well as offcuts, punchings, remnants and all waste from provided materials shall become the property of the contractor.

    If the properties of the material do not permit normal disposal or if normal disposal is made unreasonably expensive by legal requirements, the contractor may demand that the client take back the material or reimburse the costs of disposal.

    For prints on customer goods, sufficient goods for test prints shall be provided. These shall be handed over to the Client upon completion.

  14. Payments

    For amounts below € 50.00, we charge a minimum quantity surcharge of 15 % of the order value. Invoices are to be paid in cash without deduction upon delivery. For custom-made products and for orders over € 1,500.00, a deposit of 50 % must be paid. New customers must pay in advance. All other invoices are payable within 7 days after invoicing without deduction.

  15. Intermediate products

    There is no obligation on our part to surrender intermediate products such as data, lithos or printing plates which are created for the production of the final product owed. Deviating agreements are possible and must be agreed in writing.

  16. Retention of title

    The delivered goods shall remain the property of the contractor until the invoiced price has been paid in full or until the cheque or bill of exchange given for this purpose has been honoured. The goods may not be pledged or assigned as security without the consent of the contractor before full payment has been made or before the cheque or bill of exchange given for this purpose has been honoured. The customer is only entitled to resell the goods subject to retention of title if the purchase price claim is transferred to the contractor.

    The Customer's claims arising from the resale of the reserved goods shall be assigned to the Contractor in advance and the Contractor shall accept the assignment. A lien is created on all materials of any kind provided by the client with regard to all claims of the contractor upon handover.Delivered items remain our property until full payment of the remuneration and the client is obliged to treat them with care.

    As a matter of principle, the client is not entitled to sell, give away, pledge or assign by way of security the items delivered to him under retention of title.

    Any seizure of the items subject to retention of title must be notified to us in writing without delay and the pledgee must be informed of the retention of title. The same applies to seizures or other interventions by third parties.

    If the delivery is for a business operation of the customer, the items may be resold within the scope of proper business management. In this case, the customer's claims against the buyer arising from the sale shall be deemed assigned to us already now in the amount of the invoice value of the delivered goods subject to retention of title. In the event of a resale of the items on credit, the client shall retain title vis-à-vis his customer. The client hereby assigns to us the rights and claims arising from this retention of title vis-à-vis his customer.

    Insofar as objects subject to retention of title are installed as essential components in a property of the client, the client already now assigns to us the claims arising from a sale of the property or of property rights in the amount of the invoice value of the objects subject to retention of title with all ancillary rights.
    If objects subject to retention of title are built into the real estate of a third party by the customer or on behalf of the customer as essential components, the customer already now assigns to us the claims for remuneration to which it is entitled against the third party or the party to whom it relates in the amount of the invoice value of the objects subject to retention of title with all ancillary rights.

    In the event of processing, combination or mixing of the items subject to retention of title with other items by the customer, we shall be entitled to co-ownership of the new item in the corresponding ratio of the invoice value of the items subject to retention of title to the value of the other items.

  17. Processing of film products

    Drauf und Dran GbR only uses high-quality brand products. The customer must ensure that the surface of the object to be pasted is clean. Wax, silicone, oil, grease and dirt must be removed. The curing process of the film takes at least 3 days, during which the temperature of the object to be covered must not be below +7 degrees Celsius or above +25 degrees Celsius. During this time, the object must not be washed, polished or waxed.

    Furthermore, the films must be checked again by the client for strength and, if necessary, reattached by pressing them on. If the film is installed on the client's premises and the requirements are not met, we reserve the right to cancel the installation appointment.

    The journey and waiting time will be invoiced. Damage to the object to be foiled, if known, must be reported by the client prior to the start of the work. Damage detected subsequently will be documented by Drauf und Dran GbR and recorded on handover. Cleaning of the object is not included in the price and will be charged separately if necessary.

    In the case of film installation on varnish, it may be necessary to cut directly on the varnish. This is done with all due care and only if it cannot be avoided, but at the risk of the client and - as far as legally permissible - to the exclusion of any warranty on the part of Drauf und Dran GbR.

    When foiling painted surfaces (especially white and light-coloured paints), pigment migration may occur between pigments of solid-coloured foils or printed foils. This is a known phenomenon over which we as a processing company have no influence. Pigment migration causes the surface under the film to change colour.

    This colour change only becomes visible after neutralisation and cannot be remedied by polishing. By commissioning film wrapping work, the client acknowledges this phenomenon and accepts any consequences that may arise as a result. By commissioning Drauf und Dran GbR for filming work on painted surfaces, the client releases the contractor from all claims for all damage caused by pigment migration.

  18. Limitation of the warranty

    Warranty claims of the customers against Drauf und Dran GbR are excluded in particular in cases in which the film products that are the subject matter of the contract are exposed to fuels or their vapours and/or film products are to be applied in particularly deep beads.

  19. Documents

    Drafts shall remain the property of Drauf und Dran GbR until all obligations of the customer have been fulfilled in full and may not be reproduced by the customer without the express permission of Drauf und Dran GbR, nor may they be used for purposes other than those agreed, in particular they may not be passed on to third parties.

    Sketches, drafts, test prints and samples of any kind ordered by the client shall be invoiced to the client. This shall also apply if the order is not placed.

    Proofs and press proofs shall be submitted to the client for review and approval. After checking, he must correct them if necessary and then declare the artwork ready for printing.

    The client alone is liable for all errors overlooked during the check. The declaration of " readiness for printing" must be made in writing. In the case of declarations by telephone, written confirmation is required. Only then can the contractor produce. In the case of smaller print orders and existing standing typesetting, as well as in the case of existing films or in the case of digital storage, the contractor is not obliged to send a proof unless the client expressly requests this. In these cases, liability for errors is limited to gross negligence. In the event of changes after "approval for printing", all costs, including the costs of machine downtime, shall be borne by the client.

        Typesetting errors shall be corrected by the contractor free of charge. Changes requested by the client or deviating from the artwork will be charged according to the time and effort required.

    • Insofar as no special contractual regulations apply to periodically recurring work, it shall be deemed to be agreed as customary in the industry that regularly recurring work for which no period of notice and no specific end date has been agreed can only be terminated with a notice period of 1 month to the end of the month. If the average monthly invoice amount exceeds € 1000, the period of notice shall be increased to 3 months to the end of a calendar quarter.

    • The client alone is responsible for checking all rights of reproduction. By placing the print order, he already indicates that this check has been completed.

    • The contractor retains the sole copyright and the right of reproduction to all his own sketches, drafts, originals, films, as well as digitally stored texts and graphics.

    • All tools, devices and means required for production remain the property of the contractor. This also applies if the client has assumed a share of the costs for the production. The surrender cannot be demanded.

    • The Contractor shall be entitled to affix its company text, logo or company marks to the visible side of the delivered items in a manner customary in the industry.
  20. Data protection

    In accordance with Section 28 (1) of the German Federal Data Protection Act (BDSG), we would like to point out that personal and company-related data arising within the framework of the contractual relationship will be stored.

  21. Severability clause

    Should one or more provisions of these General Terms and Conditions or of the contract of the parties be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties shall negotiate in good faith to replace the invalid provisions with valid ones that come as close as possible to the economic purpose pursued by the invalid provisions.

  22. Applicable law

    The contract existing between us and the customer is subject to the law of the Federal Republic of Germany.

    The United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG) shall not apply.

    Should any provision in these General Terms and Conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

    We do not participate in any consumer arbitration proceedings under the Consumer Dispute Settlement Act.

  23. Jurisdiction and place of performance

    German law shall apply. If both contracting parties are merchants, the exclusive place of jurisdiction is the registered office of our company.