GENERAL TERMS AND CONDITIONS

INCLUDING RIGHT OF WITHDRAWAL (SEE SECTION X.)

Craft Business WRAPSIGN GmbH | Konrad-Zuse-Straße 6, 41516 Grevenbroich | As of: 01.11.2022

I. Scope

  1. These General Terms and Conditions apply to all (including future) contracts where WRAPSIGN is the contractor (hereinafter “WRAPSIGN”).
  2. These terms and conditions apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the client only become part of the contract if WRAPSIGN has expressly agreed to their validity. This requirement of consent applies in any case, for example, even if the client refers to their terms and conditions in the context of the order and WRAPSIGN does not expressly object to them.
  3. Unless otherwise agreed, these terms and conditions in the version valid at the time of the client’s order or at least in the version last communicated to them in text form apply as a framework agreement for similar future contracts without WRAPSIGN having to refer to them again in each individual case.

II. Conclusion of Contract, Obligations of WRAPSIGN

  1. A contract is concluded through an offer by WRAPSIGN, an unmodified acceptance by the client, and a final order confirmation from WRAPSIGN. Offer, acceptance, and the order confirmation that establishes the contract must each be in text or written form.
  2. The subject of the contract is the work on the client’s vehicle listed in the order confirmation. These also represent the contractual obligations of WRAPSIGN.
  3. By accepting the contract, the client confirms that they have taken note of necessary product descriptions, care instructions, and the terms and conditions of WRAPSIGN.

III. Obligations of the Client, Handover of the Vehicle

  1. The client must remove all personal items from the vehicle before handing it over.
  2. The client must hand over their vehicle washed and dewaxed. Furthermore, the vehicle should not have any paint sealants, paint damage, or films on damaged surfaces.
  3. If the vehicle does not comply with the aforementioned condition at handover, the wrapping may only be carried out at additional cost. The client bears the additional effort for preparing the agreed wrapping, such as the removal of heavy soiling, treatment of rust spots, or paint damage.
  4. Upon handover of the vehicle, WRAPSIGN may create a handover protocol. This will record the condition of the vehicle at the time of handover.
  5. No later than the handover of the vehicle, the client must inform WRAPSIGN of all known defects in the vehicle that could affect WRAPSIGN’s work.

IV. Prices

  1. WRAPSIGN performs the offered work at a fixed price according to the order confirmation. The fixed price is binding and includes all costs and expenses associated with the execution of the wrapping/styling. Additional work beyond the order confirmation that becomes part of the contract subsequently can be billed by WRAPSIGN on a time and material basis, unless a separate offer was made.
  2. Cash expenses and special costs incurred at the client’s explicit request will be charged at cost price.
  3. All services of the contractor are understood to be plus the legally valid value-added tax currently at 19%. Offers and order confirmations show net prices plus VAT and the resulting gross prices or the gross price with a note on the amount of VAT included.

V. Payment Terms

  1. All payments are due upon delivery of the vehicle – even in the case of partial services by WRAPSIGN – taking into account the deposit already made. In the case of partial services, WRAPSIGN must credit any savings. Payment can only be made in cash or by giro card. Credit cards are not accepted.
  2. WRAPSIGN has a lien and right of retention on the vehicle that came into its possession due to the contract, for claims arising from the work contract. The lien can also be asserted for claims from earlier work and other services, as far as they are related to the object of the order. For other claims from the business relationship, the lien only applies if these claims are undisputed or legally established.
  3. The client must make a down payment of 20% of the contractually agreed sum after receiving the order confirmation from WRAPSIGN. The down payment serves to reserve the appointment and immediately procure the film material needed for this order.
  4. The client only has set-off or retention rights to the extent that their claim is legally established or undisputed.

VI. Acceptance, Default of Acceptance

  1. The client is obliged to accept the object of the order as soon as WRAPSIGN informs them of its completion. Acceptance generally takes place at WRAPSIGN’s premises before the vehicle is handed over and must be confirmed on the designated protocol.
  2. The client is obliged to check the vehicle for visible defects or damage upon acceptance and to report them immediately. The same applies to any accessories provided. If the client does not pick up the vehicle personally, persons authorized for collection must be equipped with corresponding powers of attorney. The vehicle is considered defect-free upon handover.
  3. The client is in default of acceptance if they do not pick up the contract object either on the agreed handover date or immediately upon WRAPSIGN’s request. In the event of the client’s default of acceptance, WRAPSIGN is only liable for destruction, damage, or loss of the vehicle in cases of intent or gross negligence.
  4. If the client is in default of acceptance, fails to cooperate, or if the acceptance is delayed for other reasons attributable to the client, WRAPSIGN is entitled to demand compensation for the resulting damage including additional expenses – particularly storage costs. The date of vehicle storage is decisive for the damage calculation. Other statutory claims (especially compensation for additional expenses, reasonable compensation, termination) of WRAPSIGN remain unaffected. Storing the vehicle does not constitute a new contractual relationship.
  5. If the client is in default of acceptance according to VI.4., they bear the performance risk.
  6. If WRAPSIGN cannot meet agreed acceptance dates for reasons not attributable to WRAPSIGN, WRAPSIGN will inform the client immediately and at the same time notify them of the expected new acceptance date. If the contractual service is also not possible on the new acceptance date for reasons not attributable to WRAPSIGN, WRAPSIGN is entitled to terminate the contract in whole or in part (§ 648a BGB); any consideration already provided by the client (e.g., down payment) will be refunded by WRAPSIGN immediately. Non-compliance with acceptance dates is not attributable to WRAPSIGN, for example, in cases of late self-delivery by a supplier if WRAPSIGN has concluded a congruent hedging transaction or in the event of other disruptions in the supply chain due to force majeure.

VII. Warranty and Liability

  1. The basis of defect liability is primarily the agreement on the quality of the goods (including accessories). Quality agreements in this sense include all product descriptions and manufacturer information that are the subject of the individual contract or publicly known by WRAPSIGN (especially in catalogs or on the website) at the time of contract conclusion. If the quality is not agreed, it is to be assessed according to the legal regulation whether a defect exists (§ 434 Abs. 3 BGB).
  2. WRAPSIGN is not liable under § 640 Abs. 3 BGB for defects known or grossly negligently unknown to the client upon acceptance, according to § 634 Nr. 1 to 3 BGB.
  3. WRAPSIGN is also not liable for damages resulting from the client breaching their obligation to notify according to III.5.
  4. Liability on the part of WRAPSIGN, their legal representatives, or vicarious agents is limited to intent and gross negligence, unless a violation of essential contractual obligations exists. This does not apply to compensation claims by the client in case of injury to life, body, or health, as well as to mandatory claims under the Product Liability Act. Otherwise, liability for financial losses is limited to foreseeable, typical contractual damages.
  5. Liability for material damage, theft, and vandalism is limited to €250,000.00 per vehicle. Excluded from this is liability for damages caused by WRAPSIGN’s intent or gross negligence.

VIII. Limitation

  1. Client’s claims for material defects expire one year after acceptance of the work by the client. This does not apply to defect claims by consumers or compensation claims due to injury to life, body, or health and/or compensation claims due to gross negligence or intent by WRAPSIGN. In these cases, the statutory limitation periods apply.
  2. Statutory special provisions on limitation remain unaffected (especially § 634a Abs. 3 BGB and § 12, 13 ProdHaftG).
  3. The above limitation periods of contract law also apply to contractual and non-contractual compensation claims by the client based on a defect in the work. In the cases of VII. 1. and 2., the client’s compensation claims expire according to the statutory limitation periods. The statutory limitation periods also apply to other compensation claims not based on a defect in the work.

IX. Confidentiality

The client undertakes to keep all information that becomes known to them in connection with the business relationship with WRAPSIGN, which are marked as confidential or recognizable as trade and business secrets (hereinafter “confidential information”), permanently confidential, not to disclose them to third parties, record, or otherwise exploit them, unless WRAPSIGN has expressly and in writing agreed to the disclosure or use or the information must be disclosed due to law, court decision, or administrative decision.

X. Right of Withdrawal

The client has the right to withdraw in cases provided for by law. The client is informed about this as follows:

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 date of the contract conclusion.

To exercise your right of withdrawal, you must inform us (Craft Business WRAPSIGN GmbH, Konrad-Zuse-Straße 6, 41516 Grevenbroich) of your decision to withdraw from this contract through an unambiguous statement (e.g., a letter sent by post or an email).

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

A sample withdrawal form is attached to the terms and conditions.

XI. Data Protection

  1. Both parties must keep confidential all business and operational matters that become known to them and treat all information related to the fulfillment of this contract strictly confidential even beyond its termination. This also applies to personal data that are subject to data protection laws.
  2. WRAPSIGN undertakes not to collect, store, duplicate, or otherwise use or exploit any information, documents, or data as defined in XI.1., except for maintenance purposes. The stored data must be deleted when no longer needed. This does not apply as long as a legal regulation allows data storage.
  3. WRAPSIGN undertakes to instruct their personnel accordingly and to commit them separately in text form to comply with the agreement according to XI.1.

XII. Form

Any changes or additions to the contracts are only effective if agreed in text form. This also applies to a change of this text form clause. Legal form requirements and further evidence, especially in case of doubts about the legitimacy of the declarant, remain unaffected.

XIII. Alternative Dispute Resolution

WRAPSIGN is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

XIV. Final Provisions

  1. German law applies to these terms and conditions and the contractual relationship between WRAPSIGN and the client.
  2. For all disputes arising directly or indirectly from the contractual relationship and all disputes arising from or in connection with these terms and conditions, the exclusive place of jurisdiction is the court responsible for WRAPSIGN. However, WRAPSIGN is entitled to sue the client at the court of their business location according to the applicable law.
  3. The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions. Invalid provisions are considered replaced by valid provisions that are suitable to realize the economic purpose of the invalid provision as far as possible.

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To

WRAPSIGN GmbH

Konrad-Zuse-Straße 6

41516 Grevenbroich

I/we hereby withdraw from the contract concluded by me/us for the provision of the following work:

Date of order confirmation                                    Customer number or order number

Name of the consumer(s)

Address of the consumer(s)

Date                 Signature