§ 1 Validity, language
All offers, deliveries and services based on orders from our customers (hereinafter “customer”) and the executing print shop via our Mystar print website and app are subject to these General Terms and Conditions.
§ 2 Conclusion of contract
(1) Our offers are subject to change and non-binding. The Mystar print app merely represents an invitation to submit offers as well as a direct communication channel between the customer and the executing print shop. At the express request of the customer or the print shop, Mystar print can be included for questions and assistance.
(2) All parties (customer, producer) undertake to conscientiously, traceably and transparently use the Mystar print app and its functions such as chat, query confirmations, ratings or other implemented functions that require and simplify the use of the app.
(3) By placing an order (which requires prior log-in and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the product(s) in question.
(4) An email confirmation of receipt of the offer will be sent to the customer immediately after receipt of the offer, which immediately constitutes acceptance of the offer.
§ 3 Storage of the contract text
We save the contract text and send the customer the order details by email. The general terms and conditions can be viewed here at any time. However, the customer can view past orders in his customer account without the general terms and conditions valid at the time of the order.
§ 4 Prices, payment
(1) The prices stated include packaging, shipping to one delivery address and statutory sales tax, but not shipping to multiple delivery addresses. The customer must bear customs duties and similar charges.
(2) The prices for the above points apply for a period of 1 year if it is a reorder of an item that has already been produced. Otherwise, the prices valid at the time of the request apply.
(3) Unless expressly agreed otherwise in writing, we deliver against advance payment or invoice with a payment deadline (which is sent by email and may also be included in our acceptance).
§ 5 Print and order data, preparatory work, data transfer
(1) The data must be delivered in the file formats and print data specified by us. The contents of the data sheets must be observed. We cannot guarantee the customer error-free service for different file formats, unless this format has been approved by us in writing. The customer is fully liable for the accuracy of this data, even if there are data transmission or data carrier errors for which we are not responsible.
(2) Deliveries of all kinds by the customer or by a third party engaged by the customer, this applies to transferred data, are not subject to any obligation on our part to check. This does not apply to data that is obviously unprocessable or unreadable or if expressly agreed (print data verification).
(3) We are entitled, but not obliged, to carry out necessary preparatory work independently, in particular on the customer’s delivered or transferred data, without consulting the customer, if this is in the customer’s economic interest or contributes to meeting the completion date of the order. If the customer’s data does not correspond to our specifications and errors occur in the end product due to a corresponding adjustment of the print data, these are not at our expense. The customer expressly declares that this work is carried out at his own risk. A complaint is therefore excluded. Such work will be charged separately according to the applicable prices in the app.
(4) Data backup is the sole responsibility of the customer. We are entitled to make copies of the data.
§ 6 Unjustified refusal to accept
If acceptance is refused without justification, we will charge a flat rate compensation fee of EUR 40.00. No sales tax is due on this claim for damages. However, the customer has the opportunity to prove that the damage was less, which will then be used as a basis. We also have the opportunity to prove greater damage, which will then be used as a basis. The goods/the amount owed from the contract will be invoiced regardless.
§ 7 Delivery, delivery time
(1) The period relevant for determining the delivery time refers to working days (Monday – Friday, with the exception of public holidays in Germany, Austria and Slovenia) and begins one day after receipt of printable and complete data or release for printing within the respective deadline full payment of the goods (this excludes the invoice with payment deadline); When using the advance payment method, the date of payment is the receipt of payment in the account of the respective service provider.
(2) The delivery times are expressly an agreement between the customer and the printing company responsible for which we assume no liability.
(3) If additional services are ordered by the customer, including checking the print data and creating a test print, the delivery time will be delayed. The customer will be informed by email of all delays that fall under the following paragraph.
§ 8 Subsequent corrections
(1) Subsequently, i.e. H. After order acceptance, corrections made by the customer will be invoiced. Both the creation of test prints and checking the print data are considered corrections. Corrections made at the customer’s request will be invoiced separately according to the applicable prices.
(2) Changes to transferred data and similar preparatory work initiated by the customer will be charged separately.
§ 9 Cancellations, costs
(1) Cancellations of orders are only possible up to 1 hour after receipt of the order confirmation. Cancellations in a later status or time than the above-mentioned deadline are excluded and can be challenged by the producer through legal proceedings.
(2) Cancellations can only be requested by the customer and exclusively via their customer account.
§ 10 Shipping
(1) Unless expressly agreed otherwise, the producer determines the appropriate shipping method and the transport company at its reasonable discretion.
(2) In the event of transport damage, liability is borne either by the freight forwarder or, in the case of transport damage caused by inadequate or poor packaging, by the producer. Liability on our part for any transport damage incurred is therefore excluded.
(3) In the event of delivery difficulties, the producer and we are excluded from any liability.
§ 11 Liability for material and legal defects
(1) If the delivered goods have a material defect, the customer can first request that we remedy the defect or deliver defect-free goods. If one or both types of supplementary performance are impossible or disproportionate, we are entitled to refuse it. We can refuse supplementary performance as long as the customer does not fulfill his payment obligations to us to an extent that corresponds to the defect-free part of the service.
(2) We or the producer bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs; Bearing costs is excluded if additional costs arise as a result of moving the item to a location other than the place of performance.
(3) If the subsequent performance in accordance with paragraph 1 fails or is unreasonable for the customer or the producer refuses subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the contract, to reduce the purchase price or to claim damages or reimbursement of his wasted expenses from the producer to request directly. Further claims by the customer, regardless of the legal basis, are excluded or limited.
(4) The warranty period is two years from delivery.
(5) None of the above clauses is intended to change the legal or judicial distribution of the burden of proof
§ 12 Production-specific features, complaints
(1) In all manufacturing processes, minor deviations from other orders or individual pieces cannot be objected to. This applies in particular to:
minor color variations between two or more orders,
slight color differences compared to a previous order,
minor color variations between individual sheets within an order,
minor cutting and folding tolerances (=deviations from the final format); especially for pochettas up to 4 mm from the closed final format, for all magazines, notebooks and voucher 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 to 1 mm from the (closed) final format,
slight color differences between the inside 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 templates (such as proofs, proofs and test prints and printout data), even if they were created by us, and the end product.
(1) The print data check, if used by the customer, is only a technical check. There will be no graphic or design intervention in the data unless this is requested by the customer as described in Section 8.
(2) The customer bears liability for the selected material and the selected finishes unless otherwise technically suggested by the producer. In this case, both the producer and the customer bear liability.
(3) Due to production reasons, the direction of the paper cannot be taken into account when placing it. Any slight breakage caused by this when folding as well as deviations in the strength or stiffness of the product must be accepted and cannot be objected to.
(4) When printing on special materials such as fabrics, metallic or colored bases, wood, special uncoated materials, etc., there are no standardized printing processes, which is why the customer is obliged to request a sample from the producer in advance when printing on the above-mentioned materials.
(5) Daylight is used as a reference to assess the color of the print.
(6) If no color sample/proof is used, printing is carried out according to the respective printing standards of the executing producer. This excludes any complaints from the customer for deviations caused by the printing standard.
(7) The following applies to shipping to a delivery address: Over- or under-deliveries of up to 5% of the ordered goods cannot be objected to.
(8) The following applies to shipping to multiple delivery addresses: Over- or under-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 from the upper and lower sheets.
(9) We are only liable for deviations in the quality of the material used up to the amount of the order value.
§ 13 Withdrawal by the customer and other liability on our part
(1) The customer’s statutory right of withdrawal should neither be excluded nor restricted. Likewise, legal or contractual rights and claims to which we are entitled should neither be excluded nor restricted.
(2) We are only liable without restriction for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents. We are only liable for other damages if they are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by our representatives or vicarious agents. We continue to be fully liable for damages due to non-compliance with guarantees and assurances as well as for claims arising from dangerous circumstances (in particular under the Product Liability Act) as well as for violations of cardinal obligations.
(3) In the event of a simple violation of a cardinal obligation, our remaining liability is limited to the foreseeable damage typical of the contract.
(4) Otherwise, liability – regardless of the legal basis (in particular claims arising from the breach of main and secondary contractual obligations, tort and other tortious liability) – is excluded.
(5) The same (exclusions, limitations and exceptions to this) applies to claims arising from negligence when concluding the contract.
(6) An exclusion or limitation of our liability also applies to our legal representatives and vicarious agents.
(7) Cardinal obligations are essential contractual obligations, i.e. those obligations that give the contract its character and on which the contractual partner can rely; These are the essential rights and obligations that create the conditions for the fulfillment of the contract and are essential for achieving the purpose of the contract.
(8) None of the above clauses is intended to change the legal or judicial distribution of the burden of proof.
§ 14 Assignment, right of retention, offsetting
(1) Assignments of our customers’ claims against us are excluded. Excluded from this are claims for defects.
(2) Our customers are not permitted to have a right of retention against our claims unless they are undisputed or legally established or ready for decision.
(3) Offsetting the customer’s own claims against the producer’s claims is also excluded, unless they are undisputed or legally established or ready for decision.
§ 15 Electronic invoice
The customer agrees to an invoice also sent electronically.
§ 16 Retention of title
(1) We reserve ownership of the goods delivered by us until the price (including sales tax) for the goods in question has been paid in full.
(2) While the retention of title exists, the customer may not sell the goods or otherwise dispose of ownership thereof.
(3) If third parties – in particular by bailiffs – access the reserved goods, the customer will point out our ownership and notify us immediately so that we can enforce our property rights.
(4) If the customer behaves in breach of contract, in particular if payment is delayed, we are entitled to demand return of the reserved goods provided we have withdrawn from the contract.
§ 17 Intermediate products
There is no obligation on our part to release intermediate products such as data, lithographs or printing plates that are created to produce the end product owed. Different agreements are possible and must be agreed in writing.
§ 18 Data, data carriers
Products to which the customer is entitled (data transmitted) are archived and stored digitally via the MyStar print system. We assume no liability for the accuracy of the transmitted data, as archiving only enables us or the customer to store, remove and exchange the data.
§ 19 Rights of third parties, exemption from liability
(1) The customer guarantees that the templates (in particular image and text files), content and materials sent to us do not infringe any third-party copyrights, trademarks or other intellectual property rights, general personal rights or other third-party rights.
(2) The customer declares that he is in possession of the copying and reproduction rights of the submitted data.
(3) The customer releases us from all third-party claims upon first request and undertakes to compensate us for any damage that we incur due to the rights of the third party. This also includes any legal costs we incur (legal fees and court costs).
(4) We reserve the right not to carry out the order
- the presentation or content of the transferred data or the fulfillment of the order would violate applicable criminal laws or could be punished as an administrative offense;
- obviously racist, xenophobic, violent, radical or otherwise unconstitutional goals are pursued with the presentation or content of the transmitted data;
- the template or content of the transmitted data is sexist in nature; or
- the presentation or content of the transmitted data disregards general ethical values or is classified as immoral for other reasons.
We also reserve the right to permanently block customer accounts for repeated orders of the aforementioned type and to report potential violations of the law.
However, this does not mean that we are in any way obliged to check the customer’s templates and content for possible legal violations. The responsibility in this regard lies solely with the customer.
§ 20 Applicable law
(1) The contract existing between us and the customer is subject to the law of the Republic of Slovenia.
(2) The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.
(3) Should a provision in these General Terms and Conditions or a provision within the scope of other agreements be or become ineffective, this will not affect the effectiveness of all other provisions or agreements.