General Terms & Conditions (GTC)

§ 1 Applicability of the GTC and operator of the online shop

All contracts concluded via the honeystickers.com online shop, operated by CCL Label Trittenheim GmbH, hereinafter referred to as CCL, and the purchaser, orderer or client, hereinafter referred to as the client, are subject exclusively to these GTC in addition to the other contractual agreements. CCL does not recognise deviating or supplementary terms and conditions - even in the case of unconditional provision of services or acceptance of payment - unless CCL expressly agrees to their validity in writing.
Unless otherwise stipulated in the following provisions, these GTCB shall only apply in business transactions with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
You conclude contracts with:
CCL Label Trittenheim GmbH
Europa-Allee 21, 54343 Föhren, Germany

E-mail: info@honeystickers.com
Wittlich Local Court, Commercial Register No.: HRB 21242
VAT ID No.: DE149944433

§ 2 Subject matter of the contract

The subject of the contract is the production and delivery of labels by CCL according to the client's specific requirements.
CCL reserves the right to carry out or have carried out the processing of the delivery or service items in another company without additional costs for the client.

§ 3 Conclusion of contract and customer account

For the conclusion of the contract via the online shop at the internet address honeystickers.com, only the German language is available.
On the honeystickers.com website, the client can access the individual article, and by entering the relevant parameters, the price of the desired labels can be calculated.
In order to be able to place orders with CCL, the client first needs a customer account with which the client can log into the online shop. Setting up a customer account is free of charge for the client and does not constitute a binding order.
If the client is logged in via his customer account, he has the option of modifying the label templates for himself. It is also possible to upload one's own label or to edit a label in parts with one's own data. The data provided by the client as part of his order will not be subject to any checks by CCL; the client bears sole responsibility for the correctness of the data provided.
By clicking the order button after entering all the necessary information, the client places a binding order for the calculated label. However, the order can only be placed and transmitted to CCL if the client accepts the validity of these contractual terms and conditions by clicking on the "Accept GTC" button and thus makes them the basis of his order. The client is bound by his order.
The client's order constitutes an offer to CCL to conclude a purchase contract. CCL will indicate receipt of the order with a confirmation of receipt sent by e-mail, which the client can print out and save. This confirmation of receipt does not constitute acceptance of the offer by CCL, but merely serves to inform the client that the order has been received by CCL.
The contract is concluded with the order confirmation from CCL. The sending of the ordered labels is deemed to be the order confirmation.
CCL is not obliged to accept the client's order.
By logging into their customer account, the client can then track the progress of their orders. The order text is stored at honeystickers.com, and can be retrieved by the Ordering Party at any time, printed out or stored on his local computer.
The client can delete the customer account at any time by sending an e-mail with his customer data to info@honeystickers.com.

§ 4 No right of revocation or return

A right of revocation or return in accordance with § 312d of the German Civil Code (BGB) does not exist for the client on the basis of the statutory regulation in § 312d para. 4, no. 1 of the German Civil Code (BGB), since the object of the contract is the production of labels according to customer-specific wishes, which cannot be distributed elsewhere by CCL.

§ 5 Amendments to the contract

If the Client wishes to make changes to the object of delivery or service after conclusion of the contract, this shall require a separate contractual agreement.
Sketches, drafts, sample typesetting, sample prints, first sample parts, proofs and similar preliminary work shall only be sent to the client at the client's express written request.
Subsequent changes at the instigation of the Client including the machine downtime caused thereby shall be charged to the Client.
In the event of missing or incorrect information, CCL reserves the right to make appropriate changes to the delivery item or service. Disadvantages due to missing or incorrect information, in particular additional costs or damages, are borne by the client.
We reserve the right to make technical changes to the object of delivery or service that do not jeopardise the contractual objective, in particular with regard to material and design.

§ 6 Delivery, delivery time

Unless otherwise agreed, delivery shall be made to the delivery address specified by the client. Deliveries shall be made in deviation from § 271 BGB after production of the ordered goods in the ordinary course of business.
Any delivery or service deadlines and delivery or service dates communicated are subject to defect-free and timely advance delivery as well as unforeseeable production disruptions.
Delivery and service deadlines are automatically extended by the period in which the client does not fulfil its obligations towards CCL. This also applies accordingly to delivery and performance dates.
The delivery or performance time is met if the delivery or performance item has left CCL's factory by the time it expires.
Partial deliveries or services are permissible - insofar as reasonable for the client - and can be invoiced separately.

§ 7 Default of acceptance

If the client does not accept the goods on the delivery date notified by CCL due to circumstances for which he is responsible, CCL can demand compensation for the additional expenses incurred as a result.
If the delivery or service is delayed by the client, CCL may charge storage costs of 0.5% for each month or part thereof, but no more than a total of 5% of the delivery or service price. The contracting parties are at liberty to prove higher or lower storage costs. CCL is authorised to determine a suitable storage location and to insure the delivery or service items at the expense and risk of the client.
Products to which the client is entitled, in particular data and data carriers, will be archived by CCL beyond the date of delivery of the goods only by express agreement and against special remuneration.
If CCL is entitled to claim damages instead of performance, it may, without prejudice to the possibility of claiming higher actual damages, claim 15% of the price as damages, unless the client proves that no damages were incurred at all or that the damages were significantly lower than the lump sum.

§ 8 Force majeure

In cases of force majeure, CCL's delivery and performance deadlines are extended by the duration of the disruption that has occurred. This also includes, but is not limited to, circumstances for which CCL is not responsible, such as war, fire damage, strikes, lockouts, traffic disruptions, orders from higher authorities, interruptions to operations or significant operational disruptions, such as material or energy shortages at CCL, commissioned subcontractors or upstream suppliers for which CCL is not responsible. This also applies if CCL was already in default when these circumstances occurred.
CCL will inform the client of the beginning and end of such obstacles as soon as it becomes aware of them.
If delivery or performance is delayed by more than six weeks, both the client and CCL are entitled to withdraw from the contract within the scope of the performance affected by the disruption.

§ 9 Prices, postage and shipping costs

Prior to the submission of the binding order by the Client, the Client shall be informed of the price for the subject matter of the contract, which the Client shall confirm by submitting the binding order. Unless otherwise agreed, the agreed prices shall apply in euros in accordance with the EXW (ex works) clause of INCOTERMS 2010 plus value added tax, freight, packaging and transport insurance costs and other shipping costs. The statutory value added tax and other price components included in the prices shall be shown separately in the invoice.
a) Shipping costs within the Federal Republic of Germany: For delivery within Germany, shipping costs of 4.90 euros shall be incurred for an
order value of less than 75 euros. Shipping costs within Germany are waived for orders of 75 euros or more.
b) Shipping costs within the European Union. For delivery within the European Union, shipping costs of 6.00 euros are incurred for an order value of less than 99 euros. Shipping costs within the European Union are waived for orders of 99 euros or more.
C) Postage and shipping costs to other countries: Postage and shipping costs to other countries are calculated according to weight and displayed to the customer before the purchase is completed.
These prices apply to all quantities offered.
For orders shipped outside of Germany, import taxes, customs duties and charges may be levied by the country of destination. Import duties and taxes are levied by the respective import customs office and are at the expense of the recipient. These are based on the import regulations of the recipient country. More detailed information can be obtained by the client from the responsible customs office.
CCL is entitled to change the agreed price appropriately if changes occur before or during the execution of the order because the information or documents provided by the client were incorrect or changes are otherwise requested by the client.
CCL will only insure the goods to be shipped at the request and expense of the client.

§ 10 Payment, payment options, default

The client undertakes to pay the agreed price.
The client can pay the purchase price by credit card or PayPal. CCL reserves the right to offer payment on account after an appropriate credit check. If the client is not resident in the Federal Republic of Germany, CCL reserves the right to make payment only by credit card or PayPal. To safeguard against credit risk, CCL expressly reserves the right to enable deliveries only by PayPal or advance payment.
Section 286 (3) BGB applies; according to this, the client is in default 30 days after the due date of the purchase price. In the event of default, deferral or partial performance, CCL is entitled, insofar as the client is an entrepreneur in accordance with § 14 BGB, to demand default interest in the amount of 9 percentage points p.a. above the respective base interest rate. Furthermore, CCL is entitled to demand a flat-rate default fee in the amount of 40.00 EURO. The lump sum will be offset against any costs of legal defence incurred due to the default.
If the client is a consumer in accordance with § 13 of the German Civil Code (BGB), CCL is entitled to demand interest on arrears in the amount of 5 percentage points p.a. above the respective base interest rate.
We reserve the right to prove higher damages.
In addition, CCL is entitled to withhold further services until all due invoices have been settled.

§ 11 Place of performance, acceptance, transfer of risk, packaging

The place of performance for the commissioned services is CCL's factory. Unless otherwise agreed in writing, CCL will arrange for the goods to be shipped to the destination specified by the client. The client is obliged to accept the goods.
The risk of any defects in the goods shall pass to the client with the declaration of readiness for printing, unless these are defects which only arose or could only be detected in the production following the declaration of readiness for printing.
The risk of destruction, loss or damage to the goods shall pass to the client upon notification of readiness for dispatch and dispatch of the goods or their handover to the commissioned transport company.
Unless otherwise agreed, CCL determines the type and scope of packaging. Disposable packaging will be disposed of by the client.
In the event of damage to or loss of the goods during transport, an inventory should be taken immediately and CCL notified accordingly. Claims arising from any transport damage must be asserted by the client with the forwarder without delay.

§ 12 Obligation to examine and give notice of defects

The client is obliged to inspect the goods for defects and damage, in particular also preliminary and intermediate products sent for correction, in accordance with § 377 of the German Commercial Code (HGB) immediately after delivery and to notify CCL of any defects and damage detected here or later immediately after their discovery and to provide CCL with a sample of the delivery concerned. The provisions of § 377 HGB apply accordingly to services and work. Notifications of defects must be made in writing.
Insofar as the Client is a consumer pursuant to § 13 of the German Civil Code (BGB), deliveries must be inspected within a reasonable period of time and, in the event of a defect, a complaint must be made without delay. Preliminary and intermediate products sent for correction must be inspected by the Client without delay, insofar as the Client is a consumer pursuant to § 13 BGB (German Civil Code), and a complaint must be made without delay in the event of a defect. The provisions of § 377 of the German Commercial Code (HGB) and comparable foreign provisions shall apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). For services and work performance, § 377 HGB shall apply accordingly vis-à-vis entrepreneurs. Notices of defects must be made in writing.
The use of defective deliveries or services is not permitted. If a defect could not be discovered at the time of receipt of the goods or provision of the service, any further use of the delivery item or service must be discontinued immediately after discovery. The burden of proof that a hidden defect exists shall be borne by the client.
The client provides CCL with the goods that are the subject of the complaint and allows the necessary time to inspect the defect that is the subject of the complaint. In the event of unjustified complaints, CCL reserves the right to charge the client for the inspection costs incurred.
The notice of defects shall not release the Client from compliance with its payment obligations.
Defects in part of the delivered goods do not entitle the client to complain about the entire delivery, unless the partial delivery is of no interest to the client.
Dimensional deviations in the delivery or service to be provided by CCL cannot be objected to if these deviations can be qualified as customary in the industry or trade.
In the case of reproductions in all production processes, minor deviations from the original cannot be objected to. The same applies to the comparison between other originals (e.g. proofs, press proofs) and the final product.

§ 13 Warranty

Insofar as there is a defect in CCL's delivery or service items, CCL is entitled to choose between rectification of the defect, replacement delivery or credit note.
The rectification can also be carried out by the client after consultation with CCL.
Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods were subsequently taken to a place other than the customer's place of business.
The warranty for defects that do not or only insignificantly affect the value or the usability is excluded.

§ 14 Defects of title

Orders based on drawings, sketches or other information provided to CCL are executed at the client's risk. If CCL encroaches on third-party property rights as a result of the execution of such orders, the client indemnifies CCL against claims by these rights holders. Any further damages shall be borne by the client.
CCL's liability for any infringement of property rights in connection with the connection or use of the delivery items or services with other products is excluded unless CCL is responsible for the infringement of property rights.
In the event of defects of title, CCL is entitled, at its discretion, to procure the necessary licences in respect of the infringed property rights or to remedy the defects in the object of delivery or service by providing an object of delivery or service that has been modified to an extent that is reasonable for the client.
The actual place of application or use of CCL's services is generally not known to CCL. The client is therefore obliged to check for himself whether there are any infringements of property rights or other infringements of rights at the place of delivery or use as a result of the delivery or use of CCL's services and whether the services of Musterdruck can otherwise be used at the place of use. CCL's liability for the infringement of third party industrial property rights extends only to those industrial property rights which are registered and published in Germany, unless CCL is responsible for an infringement of industrial property rights going beyond this. Section 16 applies to claims for damages.
The transfer or granting of industrial property rights and copyrights, in particular of existing industrial property rights of CCL to the client, is not the object of the delivery or service to be provided by CCL. The type and scope of the rights of use or property rights to be granted are reserved for a separate contractual agreement.
The operating items used by CCL to execute the order, such as data, films, lithographs, tools and print carriers, remain the property of CCL even if they are invoiced separately and are not delivered; CCL is entitled to any copyrights.
All ideas and documents designed by CCL, in particular samples, dummies, sketches, drafts, technical information, lithographs, proofs, etc., are subject to the protection of CCL's intellectual property and may not be used or exploited in any form without CCL's consent, unless these products were manufactured exclusively according to the client's specifications and regulations.
If CCL manufactures on behalf of the client according to drawings, models, samples or other technical documents provided by the client, or according to process requirements specified by the client, the client assumes responsibility for ensuring that the property rights of third parties are not infringed. If third parties prohibit CCL from manufacturing and delivering such products, in particular by invoking existing property rights, CCL is entitled, without being obliged to review the legal situation, to cease all further activity in the relevant scope and to demand compensation from the client.
With the handover of such drawings, documents and the same as well as with the desired process results and the specified recipes and underlying material inputs etc., CCL is released by the client from all claims of third parties in this connection.

§ 15 Liability

If CCL, its legal representatives, employees or vicarious agents intentionally or grossly negligently breach an obligation, in particular arising from the contractual relationship, or intentionally or grossly negligently commit an unlawful act, CCL is liable for the resulting damage to the client in accordance with the statutory provisions.
Insofar as CCL, its legal representatives, employees or vicarious agents breach an obligation merely through simple negligence, claims for damages by the client against CCL are excluded, irrespective of the type and on whatever legal grounds, in particular due to breach of obligations arising from the contractual relationship or from unlawful acts. This does not apply in the case of a simply negligent breach of an essential contractual obligation. In this case, liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation in this sense is one the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the client regularly relies and may rely.
The above exclusion or limitation of liability shall not apply in the event of culpable injury to life, limb or health, or in the event of fraudulent concealment of a defect, nor shall it apply if a guarantee of quality is not fulfilled, nor shall it apply if liability exists under the Product Liability Act.
The statutory rules on the burden of proof shall remain unaffected by the above provisions.
The client's rights of recourse against CCL exist only insofar as the client has not reached an agreement with its customer that goes beyond the statutory claims for defects and damages.
CCL's liability is excluded insofar as the client, for its part, has effectively limited its liability towards its customer.

§ 16 Limitation

The limitation period for claims and rights due to defects in CCL's products, services and works and the resulting damages is 1 year. The commencement of the limitation period is governed by the statutory provisions. In the cases of §§ 438 Para. 1 No. 2, 438 Para. 3, 479, 634 a Para. 1 No. 2, 634 a Para. 3 BGB, the limitation period provided for therein applies. If CCL is liable for damages in accordance with § 15, the warranty period with regard to the claim for damages is governed by the statutory provisions.
Subsequent performance measures shall neither suspend the limitation period applicable to the original performance nor shall they cause the limitation period to start anew. Section 212 BGB remains unaffected.

§ 17 Acquisition of ownership

CCL retains ownership of all contractual items until all claims to which CCL is entitled from the business relationship with the client have been settled in full. CCL reserves all property rights and copyrights to the illustrations, drawings, calculations and other (technical) documents provided.
If CCL property is processed, combined or mixed with third-party property, CCL acquires ownership of the new item in accordance with § 947 BGB.
If processing, combining or mixing is carried out in such a way that the third-party performance is to be regarded as the main item, CCL acquires ownership in the ratio of the value of the CCL performance to the third-party performance at the time of processing, combining or mixing.
If CCL acquires ownership of an item through its performance, CCL retains ownership of this item until all existing claims arising from the business relationship with the client have been settled.
The client is obliged to keep the goods subject to retention of title carefully and, if necessary, to carry out maintenance and repair work in good time at his own expense. The client must insure the reserved goods against loss and damage at its own expense. Any security claims arising in the event of damage must be assigned to CCL.
The client is entitled to resell the item that is (co-)owned by CCL in the ordinary course of business as long as it fulfils its obligations arising from the business relationship with CCL. In this case, the claim arising from the sale is deemed to be assigned to CCL in the same proportion as the value of the CCL performance secured by the retention of title to the total value of the goods sold. The client remains entitled to collect this claim even after the assignment. CCL's authority to collect this claim itself remains unaffected.
The client's right to dispose of the goods subject to CCL's retention of title and to collect the claims assigned to CCL expires as soon as the client no longer meets its payment obligations and/or an application is made to open insolvency proceedings. In these aforementioned cases and in the event of other conduct by the client that is in breach of contract, CCL is entitled to take back the goods delivered under retention of title without a reminder.
The client informs CCL immediately if there are risks to its reserved property, in particular in the event of insolvency, insolvency and enforcement measures. At CCL's request, the client must provide all necessary information about the stock of goods (jointly) owned by CCL and about the claims assigned to CCL and inform its customers of the assignment. The client supports CCL in all measures necessary to protect CCL's (co-)ownership and bears the resulting costs.
CCL is entitled to a lien on the client's property that has come into CCL's possession on the basis of the contract for all claims arising from the contract. The right of lien can also be asserted for claims from earlier deliveries or services, insofar as these are connected with the delivery or service item. The right of lien applies to other claims arising from the business relationship insofar as these are undisputed or have been legally established. Sections 1204 et seq. BGB and § 50 para. 1 of the Insolvency Code shall apply accordingly.
If the realisable value of the securities exceeds the claims of CCL by more than 10%, CCL will release securities of its own choice to this extent at the request of the client.

§ 18 Applicable law

The exclusive local place of jurisdiction is CCL's place of business. CCL is entitled to sue the client before any other court that has jurisdiction according to the law.
The business relations with the Client shall be governed exclusively by the law of the Federal Republic of Germany. The applicability of the CISG - "Vienna Sales Convention" and private international law are excluded.
Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavour to replace the invalid clause with another clause that comes as close as possible to the economic purpose and legal meaning of the original wording.

§ 19 Online Dispute Resolution for Consumer Contracts

CCL Label Trittenheim GmbH is not legally obliged to participate in an online dispute resolution procedure and does not participate in such a procedure voluntarily. Further information can be found on the EU Commission's platform for online dispute resolution:https://www.ec.europa.eu/consumers/odr

§ 20 Contact details

CCL Label Trittenheim GmbH
Europa-Allee 21
54343 Föhren
E-Mail: info@honeystickers.com
http://www.honeystickers.com