1. Scope
1.1. ALL deliveries, services and offers by ANYMUG are made exclusively on the basis of these General Terms and Conditions. They form an integral part of all contracts that ANYMUG concludes with its contractual partners (hereinafter also referred to as the “Client” and/or “Buyer”) regarding the deliveries or services offered by ANYMUG. They also apply to all future deliveries, services or offers to the Client, even if they are not separately agreed again.
1.2. Even if, in an individual case, ANYMUG does not expressly object, the Client’s or third parties’ terms and conditions shall not apply. Even if ANYMUG refers to a letter that contains or refers to the terms and conditions of the Client or a third party, this shall not constitute consent to the applicability of those terms and conditions.
2. Offers & Contracts
2.1. ANYMUG’s offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. ANYMUG may accept orders or commissions within fourteen days of receipt. In the case of orders placed via the Internet, a contract is concluded between the Client and ANYMUG when ANYMUG accepts the order. This occurs by sending an order confirmation by e-mail or by dispatching the goods. The sending of an order receipt confirmation is generally not a declaration of acceptance by ANYMUG, but solely serves to confirm receipt of the Client’s order.
2.2. The legal relationship between ANYMUG and the Client is governed by the written purchase agreement concluded and these General Terms and Conditions.
This document contains all agreements between the contracting parties regarding the subject matter of the contract. Oral statements made prior to the conclusion of this contract are legally non-binding, and oral agreements between the contracting parties are replaced by the written contract unless it is expressly apparent in each case that they shall remain binding.
2.3. Amendments and supplements to the agreements made, including these General Terms and Conditions, must be in writing to be effective. With the exception of managing directors or authorized signatories (Prokuristen), ANYMUG’s employees are not authorized to make oral agreements deviating from these provisions. Telecommunication transmission, in particular by fax or e-mail, shall suffice to satisfy the written form requirement, provided that a copy of the signed declaration is transmitted.
2.4. Information provided by ANYMUG regarding the subject of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as representations thereof (e.g. drawings and illustrations) are only approximate, unless exact conformity is required for usability for the contractually intended purpose. They do not constitute guaranteed characteristics, but descriptions or designations of the delivery or service. Customary deviations and deviations due to legal regulations or technical improvements, as well as the replacement of components with equivalent parts, are permissible insofar as they do not impair usability for the contractually intended purpose.
3. Prices & Payment Terms
3.1. Prices apply to the scope of services and deliveries stated in the order confirmations. Additional or special services shall be charged separately. Prices are in EURO ex works, plus packaging, statutory VAT, and, in the case of export deliveries, customs duties, fees and other public charges.
3.2. If the agreed prices are based on ANYMUG’s list prices and delivery is not to take place until more than four months after conclusion of the contract, ANYMUG’s list prices valid at the time of delivery shall apply (in each case less any agreed percentage or fixed discount).
3.3. Delivery of the goods shall be made against advance payment unless another payment method has been expressly agreed between the contracting parties. In the case of payment on invoice, invoice amounts must be paid within fourteen days without any deduction, unless otherwise agreed in writing. The date of payment shall be the date of receipt by ANYMUG. Checks shall only be deemed payment once honored. If the Client fails to pay when due, the outstanding amounts shall bear interest from the due date at 5% p.a.; the assertion of higher interest and further damages in the event of default remains unaffected.
3.4. Set-off against counterclaims of the Client or withholding of payments on the basis of such claims is permitted only insofar as the counterclaims are undisputed or have been finally determined by a court.
3.5. ANYMUG is entitled to perform outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, it becomes aware of circumstances that are likely to significantly reduce the Client’s creditworthiness and that jeopardize payment of ANYMUG’s outstanding claims by the Client arising from the respective contractual relationship (including from other individual orders for which the same framework agreement applies). 4. Delivery and delivery time, print-ready approvals
4. Print Approval, Delivery & Delivery Times
4.1. All deliveries are made ex works.
4.2. Delivery and performance deadlines and dates stated by ANYMUG are always approximate only. If fixed deadlines or fixed dates are promised or agreed, these shall apply.
4.3. ANYMUG may, without prejudice to its rights arising from the Client’s default, demand from the Client an extension of delivery and performance deadlines or a postponement of delivery and performance dates by the period during which the Client fails to meet its contractual obligations towards ANYMUG.
4.4. ANYMUG shall not be liable for impossibility of delivery or delivery delays to the extent that these are caused by force majeure or other events that were unforeseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of suppliers to deliver correctly, on time, or at all) for which ANYMUG is not responsible. If such events make delivery or performance substantially more difficult or impossible for ANYMUG and the impediment is not merely temporary, ANYMUG shall be entitled to withdraw from the contract. In the case of temporary impediments, delivery or performance deadlines shall be extended or delivery or performance dates postponed by the duration of the impediment plus a reasonable start-up period. If, due to the delay, acceptance of the delivery or service is unreasonable for the Client, the Client may withdraw from the contract by immediate written declaration to ANYMUG.
4.5. ANYMUG is entitled to make partial deliveries and partial performances at any time if the partial delivery is usable for the Client within the contractual intended purpose, delivery of the remaining ordered goods is ensured, and the Client does not incur significant additional effort or costs as a result.
4.6. Over- or under-deliveries of up to 10% of the ordered goods are permissible. In the event of over- or under-deliveries, the Client, if it promptly notifies the over- or under-delivery in accordance with § 377 HGB, owes only the purchase price for the quantity of goods actually delivered. Over- or under-deliveries are customary in the industry and do not entitle the Client to refuse acceptance or to withdraw from the contract.
4.7. If ANYMUG is in default with a delivery or service or if a delivery or service becomes impossible for any reason whatsoever, ANYMUG’s liability for damages is limited in accordance with clause 7 of these General Delivery Conditions.
4.8. Before producing the ordered goods, the Client will receive a print proof (Druckskizze). The Client must immediately review the proof for contractual conformity and, if conforming, approve it (print-ready approval / “Druckreifeerklärung”). The approval also covers any accessories shown in the print proof. Upon approval of the print proof, the risk of any printing errors attributable to an incorrect print proof passes to the Client. The only exception are printing errors that are detected or arise only after the Client’s approval during the subsequent production process.
5. Acceptance, Packaging, Transfer of Risk and Shipping
5.1. The method of shipping and packaging is at ANYMUG’s dutiful discretion unless otherwise specified. The Client shall bear the shipping costs.
5.2. The risk of accidental loss, accidental damage or accidental destruction of the delivered goods passes to the Client no later than when the delivery item is handed over (with the start of the loading process being decisive) to the freight forwarder, carrier or other third party designated to carry out shipment. This also applies if partial deliveries are made or if ANYMUG has assumed other services (e.g. shipping or installation). If shipment or handover is delayed due to circumstances attributable to the Client, the risk passes to the Client from the day the delivery item is ready for shipment and ANYMUG has notified the Client accordingly.
5.3. ANYMUG only owes timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company. Any shipping time stated by ANYMUG is therefore non-binding.
5.4. Storage costs after transfer of risk shall be borne by the Client. If stored by ANYMUG, storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per full week elapsed. The right to assert and prove higher or lower storage costs remains reserved.
5.5. The shipment will be insured by ANYMUG against theft, breakage, transport, fire and water damage or other insurable risks only upon the Client’s express request and at the Client’s expense.
5.6. If acceptance is required, the purchased item shall be deemed accepted if
- delivery has been completed,
- ANYMUG has notified the Client of this, referring to the deemed acceptance under this clause 5, and has requested acceptance,
- twelve working days have passed since delivery, or the Client has started using the purchased item and in this case six working days have passed since delivery, and
- the Client has failed to accept within this period for a reason other than due to a defect notified by ANYMUG that makes use of the purchased item impossible or substantially impairs it. 6. Warranty, material defects
6. Warranty
6.1. The warranty period is one year from delivery or, insofar as acceptance is required, from acceptance.
6.2. The delivered items must be carefully inspected immediately after delivery to the Client or to a third party designated by the Client. With regard to obvious defects or other defects that would have been recognizable upon immediate, careful inspection, the items are deemed approved by the Client if ANYMUG does not receive a written notice of defects within seven working days of delivery. With regard to other defects, the delivery items are deemed approved by the Client if ANYMUG does not receive a notice of defects within seven working days of the time the defect became apparent; however, if the defect would have been recognizable earlier under normal use, that earlier time shall be decisive for the start of the notice period. At ANYMUG’s request, a complained-of delivery item must be returned to ANYMUG carriage paid. In the event of a justified notice of defects, ANYMUG shall reimburse the costs of the most economical shipping method; this shall not apply insofar as costs increase because the delivery item is located at a place other than the place of intended use.
6.3. In the event of material defects in the delivered items, ANYMUG is obliged and entitled, at its discretion to be exercised within a reasonable period, first to remedy the defect or provide a replacement. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of remedy or replacement, the Client may withdraw from the contract or reasonably reduce the purchase price.
6.4. If a defect is due to ANYMUG’s fault, the Client may claim damages subject to the requirements set out in clause 7.
6.5. In the case of defects in components from other manufacturers that ANYMUG cannot remedy for licensing or factual reasons, ANYMUG shall, at its option, assert its warranty claims against the manufacturers and suppliers for the Client’s account or assign them to the Client. Warranty claims against ANYMUG for such defects exist under the other prerequisites and in accordance with these General Terms and Conditions only if judicial enforcement of the above-mentioned claims against the manufacturer and supplier has been unsuccessful or is, for example due to insolvency, futile. During the duration of the legal dispute, the limitation period for the corresponding warranty claims of the Client against ANYMUG shall be suspended.
6.6. The warranty shall lapse if the Client alters the delivery item or has it altered by third parties without ANYMUG’s consent and defect remediation is thereby rendered impossible or unreasonably difficult. In any case, the Client shall bear the additional costs of defect remediation resulting from the alteration.
6.7. Delivery of used items agreed with the Client in an individual case is made to the exclusion of any warranty for material defects. 7. Liability for damages due to fault
7. Liability for Damages Due to Fault
7.1. ANYMUG’s liability for damages—regardless of the legal basis, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort—is, insofar as fault is relevant in each case, limited in accordance with this clause 7.
7.2. ANYMUG shall not be liable in cases of simple negligence by its corporate bodies, legal representatives, employees or other vicarious agents, unless it concerns a breach of essential contractual obligations. Essential contractual obligations are the obligation to deliver the delivery item on time, its freedom from defects that impair its functionality or usability more than insignificantly, as well as advisory, protective and custodial duties intended to enable the Client to use the delivery item in accordance with the contract or to protect life and limb of the Client’s personnel or to protect the Client’s property from significant damage.
7.3. ANYMUG’s liability for delay in delivery is—except in cases of intent or gross negligence—limited to an amount of 10% of the respective purchase price (including VAT).
7.4. Insofar as ANYMUG is liable for damages in principle under clause 7 in cases other than those mentioned under paragraph h., such liability is limited to damages that ANYMUG foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or that ANYMUG should have foreseen when exercising customary care. Indirect damages and consequential damages resulting from defects of the delivery item are also compensable only insofar as such damages are typically to be expected when the delivery item is used as intended.
7.5. In the event of liability for simple negligence, ANYMUG’s obligation to compensate for property damage and further financial losses resulting therefrom is limited to an amount of EUR 500,000.00 per damage event, even if it is a breach of essential contractual obligations.
7.6. The above exclusions and limitations of liability apply to the same extent in favor of ANYMUG’s corporate bodies, legal representatives, employees and other vicarious agents.
7.7. If ANYMUG provides technical information or advice and such information or advice does not form part of the scope of performance owed by it and contractually agreed, this is provided free of charge and with the exclusion of any liability.
7.8. The limitations of this clause 7 do not apply to ANYMUG’s liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health, or under the Product Liability Act. 8. Retention of title
8. Retention of Title
8.1. The retention of title agreed below serves to secure all existing and future claims of ANYMUG against the Buyer arising from the delivery relationship existing between the contracting parties (including balance claims from a current account relationship limited to this delivery relationship).
8.2. The goods delivered by ANYMUG to the Client remain the property of ANYMUG until full payment of all secured claims. The goods as well as the goods that replace them in accordance with the following provisions and that are covered by the retention of title are hereinafter referred to as “retained goods” (Vorbehaltsware). c. The Buyer shall store the retained goods free of charge for ANYMUG.
8.4. The Buyer is entitled to resell the retained goods in the ordinary course of business until the realization event occurs (see subsection below). Pledges and transfers by way of security are not permitted.
8.5. In the event of resale of the retained goods, the Client hereby already assigns, by way of security, the resulting claim against the purchaser to ANYMUG. The same applies to other claims that replace the retained goods or otherwise arise in connection with the retained goods, such as insurance claims or claims in tort in the event of loss or destruction. ANYMUG revocably authorizes the Client to collect the claims assigned to ANYMUG in its own name. ANYMUG may revoke this collection authorization only in the event of realization.
8.6. If third parties access the retained goods, in particular by attachment, the Client shall immediately point out ANYMUG’s ownership and inform ANYMUG thereof to enable it to enforce its ownership rights. If the third party is not able to reimburse ANYMUG for the judicial or extrajudicial costs incurred in this connection, the Client shall be liable to ANYMUG for such costs.
8.7. ANYMUG will release the retained goods as well as the items or claims replacing them insofar as their value exceeds the amount of the secured claims by more than 50%. The selection of the items to be released thereafter is at ANYMUG’s discretion.
8.8. If ANYMUG withdraws from the contract due to the Buyer’s breach of contract—especially default in payment (“realization event”)—it is entitled to demand surrender of the retained goods. 9. Other provisions
9. Other Provisions
9.1. We assume no liability for content on websites to which we link. ANYMUG does not adopt the content of linked pages and assumes no warranty whatsoever for their timeliness, completeness, quality, correctness, etc.
9.2. All copyright usage rights in any process and for any purpose of use to sketches, designs, originals, films and the like created by ANYMUG remain with ANYMUG, unless expressly agreed otherwise.
9.3. As a retailer, ANYMUG is legally obligated to take back batteries and rechargeable batteries purchased from ANYMUG free of charge. Batteries and rechargeable batteries must not be disposed of with household waste. The Battery Act obliges all end users to dispose of used batteries and rechargeable batteries exclusively via retailers or specially designated collection points. If a Client wishes to return batteries and rechargeable batteries to ANYMUG, sufficient postage should be ensured. Batteries or rechargeable batteries containing harmful substances are marked with the symbol of a crossed-out wheeled bin; these must not be disposed of with household waste. The chemical designation of the harmful substance is located near the bin symbol. These symbols are found on batteries and rechargeable batteries containing harmful substances: Pb = battery/rechargeable battery contains lead; Cd = battery/rechargeable battery contains cadmium; Hg = battery/rechargeable battery contains mercury.
9.4. If an order includes alcoholic beverages or tobacco products, the customer confirms by submitting the order that they have reached the minimum age legally required for purchase. The customer undertakes to ensure that only they themselves or an authorized adult person receives the goods. 10. Final provisions
10. Returns and Refunds
For businesses: In accordance with § 377 HGB, the Buyer must inspect the delivered goods immediately and notify any defects in order not to lose warranty claims. Delivered goods will only be taken back following a prior written agreement between the Buyer and ANYMUG. Goods that have been provided with branding at the Buyer’s request are generally not taken back, unless the provisions of clause 4 “Print Approval, Delivery & Delivery Times” and/or clause 6 “Warranty” of our GTC apply. Return shipping costs shall be borne by the Buyer. Unpaid returns will not be accepted by ANYMUG. There is no entitlement to a new shipment of the goods. Samples can only be supplied against invoice. There is no right of return for samples unless the provisions of clause 6 “Warranty” of our GTC apply. Processing your complaint request generally takes two to three working days. Please contact your personal contact person at ANYMUG for this purpose. You can also reach us by e-mail at welcome@ANYMUG.com or by phone at +49 (0) 6466-709900
For consumers: If you notice obvious transport damage upon delivery of your goods, we ask you to report such defects directly to the delivery agent if possible and to contact us quickly. Your statutory rights and their enforcement—especially your warranty rights—remain unaffected even if you fail to make a complaint and/or contact us. However, you would help us to enforce our own claims against the carrier or transport insurance. Processing your complaint request generally takes two to three working days. Please contact your personal contact person at ANYMUG for this purpose. You can also reach us by e-mail at welcome@ANYMUG.com or by phone at +49 (0) 6466-7099000.
11. Right of Withdrawal for Consumers
Consumers have the statutory right of withdrawal as set out in the withdrawal policy. If the customer is a business or acts on behalf of a company (§ 14 BGB), no right of withdrawal or return is granted pursuant to § 312g BGB in conjunction with § 355 BGB. The right of withdrawal applies only to consumers within the meaning of § 13 BGB: “A consumer is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity.”
Withdrawal Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the last goods.
To exercise your right of withdrawal, you must inform us
ANYMUG GmbH, Neue Landstraße 8, 35232 Dautphetal, Germany Phone: +49 (0) 6466-7099000, www.ANYMUG.com, welcome@ANYMUG.com
by means of an unequivocal statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back or hand over the goods without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract, to ANYMUG, Returns, Neue Landstraße 8, 35232 Dautphetal. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. The costs for goods that cannot be sent by parcel are estimated at a maximum of approximately EUR 80.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods beyond what is necessary to check the nature, characteristics and functioning of the goods.
Exclusion / reasons for expiry
The right of withdrawal does not apply to contracts:
for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; for the supply of goods that can spoil quickly or whose expiration date would be exceeded quickly; for the supply of alcoholic beverages whose price was agreed at the time the contract was concluded but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market which the trader cannot influence; for the supply of newspapers, periodicals or magazines with the exception of subscription contracts; for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature; for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
Model withdrawal form (If you want to withdraw from the contract, please fill out this form and send it back.)
To ANYMUG GmbH, Neue Landstraße 8, 35232 Dautphetal, Germany Phone: +49 (0) 6466-7099000, www.ANYMUG.com, welcome@ANYMUG.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)?
- Address of consumer(s)?
- Signature of consumer(s) (only for notification on paper)
- Date
__________________ (*) Delete as applicable
12. Final Provisions
12.1. The relationship between ANYMUG and the Client is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
12.2. The place of jurisdiction for all disputes arising from the business relationship between ANYMUG and the Client shall, at ANYMUG’s option, be Marburg or the Client’s registered office. However, for actions against ANYMUG, Marburg shall be the exclusive place of jurisdiction in these cases. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
12.3. If the contract or these General Terms and Conditions contain gaps, such legally effective provisions shall be deemed agreed to fill these gaps as the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Delivery Conditions if they had been aware of the gap.
Copyright and Liability
Between - Contractor ANYBRAND GmbH c/o ANYMUG Neue Landstraße 8 35232 Dautphetal and - Client (customer, agency) Company and contact details are stored in the checkout or website form. § 1 Scope (1) The parties have concluded a contract for the following services: (1) Creation of advertising materials (print), calendars, flyers, etc. (1) Creation of advertising materials (digital), e.g. proof, etc. (1) Creation of advertising materials (physical), mugs, products, pens, folding rulers, etc. (2) As a supplement to this main contract and the Contractor’s General Terms and Conditions on which it is based, the following agreement is concluded regarding liability for content (images, videos, graphics, texts) provided by the Client. (3) This liability agreement becomes part of the main contract upon signature. § 2 Rights of use (1) The use, editing and publication of the works is expressly permitted for projects and websites that the Contractor creates for the Client. (2) The Client grants the Contractor the right to use the content transmitted for the purposes of design and editing (images, videos, graphics, texts) for the purposes underlying the contract, within the contractually agreed scope. For this purpose, the Contractor is granted a simple, non-transferable right of use for editing and publishing the content. § 3 Indemnification (1) The Client warrants that it is entitled to transfer the agreed rights of use because it either a) created the work(s) itself, or b) has effectively acquired the rights necessary for the transfer itself. (2) The Client supports the Contractor in defending against claims asserted by third parties against the Contractor due to infringements of intellectual property rights (copyrights, trademark rights, rights in one’s own image, design rights, etc.) in the contractual content, in particular by providing the information necessary for the defense. (3) The Client is obliged to reimburse all necessary expenditures required for legal enforcement—especially necessary attorney and court costs—incurred by the Contractor due to legal claims asserted by third parties in this connection. This agreement becomes effective upon submission of the web form or by placing an order by the sender/client and ANYMUG GmbH.Status (April 2016)