Weißeritzstraße 3, 01067 Dresden
Phone: 020 02227403
Fax: +49 34297 987002
Commercial register: Court Dresden, HRB 25129
VAT number: DE 254315866
(Updated: April 2012)
1.1. These General Terms of Business (GTB) shall apply between Farheap GmbH (Limited) (hereinafter referred to as "Farheap") and the customer ("Customer") with regard to the supply of products ("Products") by Farheap GmbH to the Customer. To the extent permitted by law, Farheap GmbH does not accept any other terms and conditions, except to the extent that Farheap GmbH gives its express written acceptance. These GTB shall also apply if Farheap GmbH GmbH delivers in knowledge of or with agreement to any other terms and conditions of the Customer.
1.2 According to these GTB, a consumer shall be a natural person who orders a Product for a purpose that is neither for his trading nor his professional activity; or a "consumer" shall also include anyone protected as a consumer under English laws. Nothing in these GTB shall affect the consumer's statutory rights, whether under English law or German law.
1.3 According to these GTB, a business shall be any natural or juridical person other than a consumer.
1.4 These GTB contain important information about the Customer's rights and obligations. Farheap GmbH recommends that the Customer prints out these GTB by clicking on the print icon on their browser and that they keep them for future reference. The Customer should keep a copy of these GTB and their order and any acceptance of the order that Farheap makes, but Farheap GmbH may also keep a copy of them for up to six years after it has accepted the Customer's order.
2. Orders, Conclusion of Contract:
2.1 The placing of an order by the Customer shall be a conditional offer towards finalizing a contract for the purchase of Products from Farheap GmbH. The Customer must place the order through the process set out on the website at www.overnightprints.co.uk.
2.2 Farheap GmbH may accept the Customer's offer through a binding confirmation of order to the Customer via email. At that point, the contract shall be concluded between the Customer and Farheap GmbH for Farheap GmbH's supply of the Products. Any email that merely acknowledges receipt of the order shall not constitute a legally binding confirmation.
2.3 The full details of Farheap GmbH as the supplier and contracting party to the Customer are:
Business Manager: Brett Heap, Arndt Eschenlohr
Phone: 020 02227403
Fax: +49 34297 987002
2.4 The wording will be saved. The Customer can view the General Terms of Business (GTB) at any time on www.OvernightPrints.co.uk and save them to their hard drive. The individual data of their order (wording) as well as the General Terms of Business will be sent to the Customer by email.
3. Process of Ordering, Delivery and Delivery Period
3.1 The order shall be handled by Farheap GmbH after receiving the payment sent by the Customer and the printed material shall be dispatched to the Customer as soon as possible (according to the selected shipping option). The calculation of the delivery timeframe shall begin only after Farheap GmbH has received the payment in its account in cleared funds and if necessary not before the receipt of the correct printing data. Further information on this point are provided in our FAQs:
3.2 The Customer shall provide a delivery address on which the delivery is guaranteed on working days during day time. If delivery is delayed or re-routed due to the Customer not being there to take delivery, the cost of any necessary repeated delivery and storage shall be borne by the Customer.
3.3 In case of any event beyond Farheap GmbH's control, including, but not limited to, force majeur/acts of God and other unpredictable and inevitable damaging incidents for which Farheap GmbH was not responsible (especially disruption of operations, power outages, labour dispute, unrest, difficulties in the procurement of materials or energy, delays in transit, lawful lockouts; lack of workers, energy or material; difficulties in obtaining necessary governmental permits, governmental measures; failure to deliver, incorrect or late delivery by a supplier) the delivery period shall be extended according to the duration of the event plus an appropriate arrangement time period, providing these circumstances significantly influence the time of dispatch from Farheap GmbH. No damage claim shall arise from this extension of the delivery period. This shall also apply if such circumstances affect Farheap GmbH's suppliers.
3.4 If the event described in 3.3 lasts for more than one month after the expiry of estimated timeframe, then either Farheap GmbH or the Customer may terminate/cancel the contract. The cancellation is to be declared without delay and in written form towards the other party. This cancellation shall only apply to that part of the contract which is still not fulfilled, unless any dispatched partial delivery is not usable for the Customer. In that case, the cancellation shall also apply to any partial delivery already dispatched.
3.5 The shown and agreed delivery periods shall only be deemed estimates unless expressly agreed in writing to the contrary.
3.6 Delivery quantities can differ up to +/- 5 % for easy work and up to +/- 10 % for difficult 4 colour Customer orders. This shall also include waste sheets or make ready sheets which will not be sorted out of the run. The Customer shall therefore allow up to 10% extra for the order if exact numbers are required.
4. Terms of Shipment and Terms of Payment
4.1 The costs of shipment are set out on the website www.overnightprints.co.uk through the Shipment Calculator , which shall apply at the time the order is submitted. In case of dispatching to the UK or any other country outside of the Federal Republic of Germany, further delivery costs may be imposed, together with any applicable taxes or custom duties, which shall be borne by the Customer. These shall all be set out on the www.overnightprins.co.uk website before placement of the order.
4.2 Farheap GmbH shall only dispatch once it has received payment in full including all associated shipping costs, taxes and duties set out on the website. The payment can only be made in the ways indicated as payment methods on the website. If the Customer wishes a COD (Cash on Delivery) payment he shall have to pay the extra costs for the COD.
4.3 Notwithstanding that the order has not yet become binding, the purchase price including the cost of shipment, taxes and duties shall be immediately due with the order.
4.4 In case of late payment, Farheap GmbH shall have the right to claim defaultinterest from the Customer in accordance with the legal regulations, and Farheap GmbH may suspend delivery and cancel the order. The enforcement of further rights and claims due to this delay shall remain reserved.
4.5 Der Rechnungsversand erfolgt ausschließlich per E-Mail im PDF Format.
5. Transfer of Risk:
5.1 If the Customer is a consumer, the risk of accidental loss and accidental worsening of the Product shall be transferred to the Customer at the time of delivery of the Product to the consumer.
5.2 In case of orders from businesses, the risk of accidental loss and accidental worsening of the Product shall be transferred to the Customer as soon as the Product is dispatched from Farheap GmbH's premises. The regulations of (German Civil Code) Article 447 BGB (dispatching purchase) regarding orders from companies shall also apply if the dispatching is made using Farheap GmbH's own means of transport or if Farheap GmbH takes over the costs of cargo charges or when the delivery starts from another place than the Farheap GmbH location.
5.3 The Customer shall be bound to accept partial delivery as long as it is reasonable.
5.4 The Products shall be packed as is usual in the trade, unless a special kind of packing is agreed upon in writing.
6. Retention of title
6.1 The delivered Product shall remain the property of Farheap GmbH (hereinafter referred to as 'Reserved Commodity') until the full payment of purchase price including the costs of dispatching and any associated charges. If the Customer is a business, Farheap GmbH shall reserve the right of ownership on the delivered articles until the receipt of whole payment from all contracts with the Customer.
6.2 In case of breach of important contract obligations by the Customer especially regarding delay in payments, Farheap GmbH shall have the right to take the Reserved Commodity back and for that purpose, if applicable, to enter the premises of the Customer if the conditions of a cancellation of contract apply. The contract may be cancelled by Farheap GmbH taking the Reserved Commodity back.
6.3 The Customer shall have the right of resale and for the utilisation of the Reserved Commodity only according to usual course of business under proper rules. The Customer shall not be entitled to other usage of the Reserved Commodity. If the Reserved Commodity is alienated by the Customer, then the Customer shall already cede the claims resulting from resale in the form of the price value of the Reserved Commodity (Farheap GmbH's invoice amount including general sales tax) with all additional rights and status before all others to Farheap GmbH. Farheap GmbH accepts the cession. For Farheap GmbH, the claims ceded from the Customer shall also refer to the recognised account balance, as well as to the then existing 'causal' balance in case of insolvency of third party. The Customer shall have the revocable right of collecting the debt. Farheap GmbH's authority to collect on claims itself shall not be affected by this. If Farheap GmbH decides to collect the debts for itself, especially in the cases of clause 6.2, then Farheap GmbH shall be entitled to demand that the Customer notifies Farheap GmbH about the ceded claims and their debtor, makes all necessary declaration about withdrawal, hands over the related documents and informs the debtor about the cession.
6.4 If the value of existing securities exceeds the claims to be secured by more than 20 %, Farheap GmbH shall be bound to release the security according to its own choice if the Customer demands it.
7. Print Data of Customer, Obligations and Liability of Customer
7.1 Farheap GmbH shall perform the print assignments automatically according to any data supplied by the Customer. The printing shall proceed in the way as it has been sent from the Customer, but without the reference lines for safe zone and cutting. The Customer shall take the responsibility that all data uploaded by him is properly formatted. Farheap GmbH reserves the right to examine the data, but without making itself bound to do that. Farheap GmbH may examine the presentation of the data by the Customer, but shall not be responsible for reviewing spelling, grammar or other writing, drawing or mapping mistakes in anything sent by the Customer.
7.2 The Customer shall be responsible for his submission of data and its contents and for ensuring that he has all user rights and the rights of publication and disclosure of data which are sent to Farheap GmbH for the purposes intended. The Customer alone shall take the responsibility for that, and for ensuring that no rights of any third party have been violated by means of transferring and processing the data as well no other breach against any applicable law (including, without limitation, criminal law, competition rights, defamation, privacy and copyright) is taking place during the production and application of printing data and in the supply of the final Products. As far as the orders of or data supplied by the Customer violate or could violate the law or any third party rights or any moral rights, Farheap GmbH shall have the right to refuse the processing without liability. However, Farheap GmbH shall not be obliged to examine the contents of data or orders submitted by Customers. The Customer shall hold harmless, indemnify and keep indemnified Farheap GmbH and Farheap GmbH's employees, officers, agents, representatives and contractors against any and all losses, liabilities, claims, proceedings, judgments, damages, demands, actions, costs, charges, expenses, penalties and fines suffered by or incurred by Farheap GmbH or Farheap GmbH's employees, officers, agents, representatives and contractors resulting from any such orders and their contents or data supplied by the Customer or anything associated with that. In that case, the costs incurred by Farheap GmbH for a necessary legal defence shall also be borne by the Customer.
7.3 The Customer shall ensure that the files submitted do not contain dangers like viruses or worms. Should Farheap GmbH GmbH or their employees, officers, agents, representatives and contractors suffer damage caused by the use of the files submitted by the Customer, the Customer is liable to reimburse for the damages and additional costs resulting from the damage as well as further damages (consequential damages) and expenditures, provided that the damage was not beyond the Customer's control.
7.4 Farheap GmbH may carry out the file check for incoming Customer data (uploaded files and created files from the online catalogue) at its absolute discretion. There shall be no obligation for Farheap GmbH to warn the Customer or to check the file for any Customer data which is uploaded or supplied by the Customer or a third party commissioned by the Customer. In particular, Farheap GmbH shall not be obliged to verify uploaded or supplied files regarding text, content and pictures stored in a file. There shall also be no liability on Farheap GmbH for mistakes in and with such data provided by the Customer directly or indirectly. Furthermore, there shall be no liability for Farheap GmbH for mistakes in the final product if these caused by defective data uploaded or delivered by the Customer.
7.5 The Customer acknowledges that there can be colour variations in the final product contingent upon the different manufacturing processes.
7.6 The duty for storing the data and the files is the responsibility of the Customer. Farheap GmbH may either erase or optionally hold a copy of the Customer data and files for later use by the Customer.
7.7 The Customer shall not have any right to apply mechanisms, software or other scripts in connection with using the website www.overnightprints.co.uk / www.overnightprints.at which may disturb the function of this website or can disturb the function of this website.
7.8 The Customer shall not take any measure or introduce any process which may have the consequence of placing an unduly heavy burden on the infrastructure of the website www.overnightprints.co.uk / www.overnightprints.at nor interfere with anyone else's use of the website.
8. Warranty, Liabilities
8.1 Nothing in this clause 8 shall be deemed to exclude or limit Farheap GmbH's liability for death or personal injury caused by Farheap GmbH's negligence or for any fraud committed by Farheap GmbH. In addition, nothing shall exclude any mandatory legal rights, including without limitation that Farheap GmbH has the right and title to supply the Products, nor shall anything in these GTB affect any consumer's statutory rights (including without limitation that any Products supplied to consumers must correspond with their description, be of satisfactory quality and be fit for their purpose). All other provisions in these GTB (including without limitation this clause 8) shall apply subject to this clause 8.1.
8.2 Except as otherwise expressly agreed by Farheap GmbH in writing, Farheap GmbH shall not be responsible for any consequences arising from compliance with any instructions or requirements of or data supplied by the Customer. Also, there shall be no warranty provided by Farheap GmbH for the possibility to later print or write on or otherwise add lettering/marking to the product provided.
8.3 If Farheap GmbH delivers a faulty Product (or otherwise defective due to Farheap GmbH's fault) to the Customer, the Customer may firstly request Farheap GmbH to correct the error by repair or replacement by subsequent delivery. If Farheap GmbH fails to correct the fault within a reasonable period of time after its receipt of the Customer's request, then the Customer shall be entitled to any such further rights of guarantee according to law and order (including a right to a full refund for the affected Products). If the Customer chooses to withdraw from the contract for those particular Products, then aside from that the Customer shall not be entitled to claim any further compensation for loss due to the fault or defect, unless Farheap GmbH has caused this fault or defect intentionally or with gross carelessness.
8.4 For coloured reproductions in all printing processes slight variations may occur from the original, which the Customer shall not complain about to Farheap GmbH. The guarantee for inks, bronze, varnish, impregnation, lamination and rubber coating is only given by Farheap GmbH to the same extent as the supplier of Farheap GmbH gives to Farheap GmbH.
8.5 Farheap GmbH shall be liable for its own breaches and for the breaches of its legal representatives only in case of intent or gross carelessness. Farheap GmbH shall be liable according to the official legal rules and regulations in case of violation of essential parts of Farheap GmbH's obligations in respect of the contract in the event of Farheap GmbH failing to supply the Product, or in case of injury of human beings, their bodies and health.
8.6 In case of violation of Farheap GmbH's obligations in respect of the contract, to the extent permitted by law and subject to clause 8.1 above, the liability of Farheap GmbH is limited to the greater of (a) ₤100 or (b) 150% of the total price paid and otherwise payable; in respect of the ordered Products for the particular contract affected.
9. Right of Withdrawal
9.1 The following right of withdrawal shall apply to contracts with consumers (but not businesses) under the Consumer Protection (Distance Selling) Regulations 2000 and in terms of Article 13 of the BGB (German Civil Code).
The consumer shall have the right to cancel or withdraw from the contract without stating a reason from the date of the consumer's order until up to two weeks after the day following delivery of the Product. In order to cancel or withdraw, the consumer must clearly inform Farheap GmbH of this in written form (e.g. letter, fax, e-mail) or by means of returning the articles without giving any reason. Any notice must be sent to the following (or such other details as Farheap GmbH makes known to the consumer):
Business Manager: Brett Heap, Arndt Eschenlohr
Fax: +49 34297 987002
In case of such a withdrawal or cancellation, both sides shall have to return the benefits received and, if applicable, both have to surrender any usage already made (including without limitation the consumer returning the Products from the cancelled or withdrawn contract to Farheap GmbH at the address above within 14 days of giving its notice). The consumer shall be responsible for risks in the Products, retaining possession of them and taking reasonable care of them between the time when they were delivered to the consumer and the time when they are received back by Farheap GmbH. If the consumer cannot give Farheap GmbH back the Products or if they do not come back in a good condition, the consumer must pay Farheap GmbH compensation to cover the restoration cost.The consumer must return the Products in the same or better packaging than supplied by Farheap GmbH when Farheap GmbH delivered. The consumer shall bear the costs of packaging and sending back the Products. If there is a cancellation or withdrawal under this clause 9, Farheap GmbH shall reimburse the sums paid by or on behalf of the consumer to Farheap GmbH for the Product (including without limitation costs of delivering to the consumer and taxes) within 30 days of the date of notice of cancellation or withdrawal of the contract; the payment shall be made to the person (for example the consumer's credit card company) who originally made the payment to Farheap GmbH.
9.2 The above mentioned right of withdrawal or cancellation under clause 9.1 shall not apply to any of the following Products:
- To any Products manufactured according to the consumer's specifications or clearly designed according to the personal requirements or not suitable for sending back because of their quality structure or that may deteriorate quickly or whose expiry date has passed.
- To supplied audio recordings or video recordings or to computer software if they are unsealed following delivery.
- To supplied newspapers, periodicals or magazines.
- To the service delivery of gaming, betting or lottery services..
10. Data Check, Data Protection
10.1 Farheap GmbH may collect various information about the Customer, including some or all of the following: name, gender, email addresses, postal addresses, telephone numbers, fax numbers, organisation for whom an individual works, position, title, password, Internet protocol address, bank account information and payment card details. Farheap GmbH may also obtain information about the Customer by conducting credit checks. Farheap GmbH needs all of that information in order to allow the Customer to proceed with the order and to process the order, to collect payment, to detect any fraud or website abuses, and in case Farheap GmbH has any servicing queries.
10.2 Farheap GmbH may use data collected about users to send them other information about Farheap GmbH, its websites, products, promotions, services, newsletters, and anything relating to other companies in its group or its business partners. If a user prefers not to receive any of that additional information as detailed in this paragraph (or any part of it), the user shall send an appropriate email to service@OvernightPrints.co.uk specifying which information he does not wish to receive.
10.3 Farheap GmbH may pass user details to other companies in its group, and it may also pass user details to its agents and subcontractors to assist Farheap GmbH with production and delivery of Products. Farheap GmbH may also exchange information with third parties for the purposes of fraud protection and credit risk reduction. It may further transfer its databases containing your personal information if it sells its business or part of it. Farheap GmbH may disclose data to third parties if required to do so by law. Farheap GmbH is not responsible for the privacy practices of third parties.
11. Positioning- and Printing Errors, Corrections
11.1 If either party is aware of any errors in typography or positioning before making the order, they shall discuss it with the other party, who shall agree to the change if reasonable in the circumstances.
11.2 Farheap GmbH shall not be responsible for the correctness of the Customer's order or its changes. Any changes requested by the Customer must be in writing (or by email) and received by Farheap GmbH. If changes are submitted by email, the Customer shall be responsible for contacting Farheap GmbH by phone to inform it that the changes were received. Farheap GmbH shall assume no responsibility for making any changes once it has already started to print the Products in the Customer's order.
12. Applicable Law, Place of Jurisdiction
12.1 Except to the extent that any mandatory legal rights apply to the protection of consumers under English law, the relationship between Farheap GmbH and the Customer and anything else in relation to the contract between them shall be governed solely according to the law of Federal Republic of Germany under the exclusion of UN Convention on Contracts for the International Sale of Goods.
12.2 If the Customer is a business or if he has generally no place of jurisdiction inside the country or if he shifts his residence to a foreign country after making an agreement or if his residence is not known at the time of commencing of court proceeding, the place of jurisdiction for all kinds of disputes between Farheap GmbH and the Customer in relation to the contract shall be the place of jurisdiction of Farheap GmbH (Dresden). However, Farheap GmbH shall also have right to pursue court proceedings against the Customer at the Customer's local or general place of jurisdiction.
13. Further information for consumers
13.1 Farheap GmbH shall not be bound by specific codes of conduct.
13.2 Possible mistakes made while creating your order can be seen and corrected with the "Edit"-buttons from the order summary in the shopping cart before completing the order.
13.3 Information about the essential characteristics of our Products can be drawn from the Product descriptions on our website.
13.4 The contractual languages are German or English.
13.5 Complaints, reclamations or other guarantee claims/warranty claims can be brought forward under the address given in our imprint.
13.6 You are informed about your possibilities for noticing and correcting errors during the course of the order process.
14. Loyalty points programme (Printing Dots)
As part of our Loyalty programme Customers can collect so called "Printing Dots" (henceforth called "dot"/"dots"). The programme is applicable once a total transaction value of 50 EUR / 46 GBP was reached within the past 12 months from the receipt of payment of the latest order.
The dots are credited to the account once the order was handed over for delivery. Exceptions to this are Cash on Delivery orders and invoices for additional services, where the dots are only credited once we actually have received the payment.
For every Euro of the net value of an order one dot is collected. For purchases in GBP the Customer receives dots in the converted-to-Euro- value of their purchase. The cost for processing time and shipping does not count towards the dots.
The current discount level and the value of the currently available dots is displayed both in the shopping cart and under "Customer login". These dots may be used against a discount in a subsequent order.
The value of a printing dot shown in the shopping cart is an average of all collected dots. Usually the value corresponds to the current discount level.
Downwards deviations may occur, when dots of a lower discount level have not yet been redeemed. In such cases an average of the values of all collected dots with their respective values is calculated.
All collected printing dots have a maximum life span of 12 months from the time they were collected. After that, if they remain unredeemed, they automatically expire and are deleted. They then can no longer be used as a discount value by the Customer.
These discounts cannot be used on the costs for "processing time and shipping". Furthermore, Printing Dots cannot be exchanged for cash or credit, but only used in the process of placing an order with Overnightprints.