Werte Medien – Proprietor Tanju Yaramis
Kelzenberger Weg 98
41199 Mönchengladbach
Germany
Version: July 2026

1. Scope and Contracting Parties
1.1
These General Terms and Conditions, hereinafter referred to as the “GTC”, apply to all contracts, deliveries and other services between
Werte Medien – Proprietor Tanju Yaramis
Kelzenberger Weg 98
41199 Mönchengladbach
Germany
hereinafter referred to as “Werte Medien”,
and its clients, hereinafter referred to as the “Customer”.
1.2
The services offered by Werte Medien are intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
Contracts with consumers are not concluded.
1.3
By placing an order, the Customer confirms that the contract is being concluded in the course of the Customer’s commercial or independent professional activities.
1.4
These GTC apply in particular to the following services and products:
a) printed products such as flyers, business cards, stationery, brochures, books, catalogues, posters, calendars, stickers, labels, signs and other printed materials,
b) promotional products such as cups, mugs, drinking bottles, pens, towels, bags, key rings and other customised promotional items,
c) textiles and clothing, including T-shirts, polo shirts, shirts, jackets, hoodies, workwear and their printing, embroidery or other finishing,
d) exhibition and presentation equipment such as roll-up displays, display systems, exhibition walls, illuminated walls, exhibition counters, banners, flags and other presentation systems,
e) packaging, folding cartons, shipping packaging, product packaging, carrier bags and other packaging materials,
f) graphic design, design development, conception, typesetting, artwork preparation and other creative services,
g) creation, design, programming, setup, adaptation, maintenance and support of websites, online shops and other digital services,
h) installation, assembly, setup, configuration, shipping and logistics services, and
i) all related ancillary services.
1.5
Any conflicting, supplementary or deviating terms and conditions of the Customer shall not apply, even if Werte Medien does not expressly object to them.
They shall only apply if Werte Medien has expressly agreed to their inclusion in text form.
1.6
These GTC shall also apply to future business relationships with the Customer, provided that they have been validly incorporated into the respective contractual relationship.
2. Order of Precedence of Contractual Documents
2.1
The type and scope of the services owed shall be determined by the contractual documents in the following order:
a) expressly agreed individual agreements,
b) the order confirmation issued by Werte Medien,
c) the quotation issued by Werte Medien,
d) expressly approved specifications, drawings, print approvals, samples or prototypes,
e) these GTC.
2.2
Individual agreements shall always take precedence over these GTC.
2.3
Information contained in catalogues, data sheets, product images, presentations, online shops or advertising materials shall generally constitute product descriptions and not guarantees of quality or condition.
A guarantee shall only exist if Werte Medien has expressly confirmed a characteristic as “guaranteed” or as a “guarantee of quality”.
3. Quotations and Conclusion of Contract
3.1
Quotations issued by Werte Medien are subject to change and non-binding unless expressly designated as binding.
3.2
An order or order approval submitted by the Customer constitutes a binding offer to enter into a contract.
3.3
A contract shall be concluded in particular by:
a) an order confirmation from Werte Medien in text form,
b) an express declaration of acceptance,
c) commencement of performance after corresponding notification to the Customer, or
d) delivery of the ordered goods.
3.4
Oral agreements should be confirmed in text form for evidentiary purposes. The precedence of demonstrably agreed individual arrangements shall remain unaffected.
3.5
Werte Medien shall be entitled to reject an order if:
a) the service is technically or economically impracticable,
b) required materials or preliminary products are unavailable,
c) the requested design or use may violate statutory provisions or third-party rights,
d) there are reasonable doubts concerning the Customer’s solvency, or
e) the Customer fails to provide required information or cooperation in due time.
3.6
If a specifically ordered product becomes unavailable after conclusion of the contract through no fault of Werte Medien, Werte Medien shall notify the Customer without undue delay.
Werte Medien may offer the Customer a substitute product of comparable quality and suitability for the intended purpose. Any substitution shall require the Customer’s consent.
If no substitute product is agreed, either party may withdraw from the contract with regard to the affected part of the service. Any payments already made for that part of the service shall be refunded.
4. Scope of Services and Use of Third Parties
4.1
The specific scope of services shall be determined by the relevant quotation, order confirmation or expressly agreed service description.
4.2
Services not expressly listed are not included in the order.
This applies in particular to:
a) preparation or revision of texts,
b) translations and proofreading,
c) legal reviews or legal advice,
d) trademark, name or intellectual property searches,
e) image, font, music or other licences,
f) final artwork or creation of print-ready files,
g) product testing, certification or laboratory testing,
h) installation, assembly, dismantling or disposal,
i) transport insurance,
j) hosting, domain fees, maintenance and updates,
k) search engine optimisation,
l) accessibility testing, or
m) other additional services not expressly agreed.
4.3
Werte Medien shall be entitled to use printing companies, manufacturers, suppliers, shipping providers, freight forwarders, programmers, designers, installers and other suitable subcontractors in order to fulfil the contract.
4.4
The Customer shall have no entitlement to performance by specific persons, suppliers or production companies unless expressly agreed otherwise.
5. Amendments and Additional Services
5.1
Changes requested by the Customer after conclusion of the contract require the consent of Werte Medien.
5.2
Requested changes may affect:
a) the price,
b) the delivery or completion time,
c) material consumption,
d) the production method,
e) technical feasibility, and
f) preliminary services already ordered or produced.
5.3
Additional services, changes, corrections and additional work not included in the originally agreed scope shall be charged at the agreed price.
If no price has been agreed, the charge shall be based on the necessary and customary expenditure of time, materials and third-party costs.
5.4
Services already performed or bindingly ordered from third parties shall remain payable even if the Customer subsequently changes the order.
5.5
Changes to the scope of services shall only become binding once confirmed by Werte Medien in text form.
6. Customer’s Duties to Cooperate and Provide Information
6.1
The Customer shall provide Werte Medien in due time with all information, content, files, documents, dimensions, quantities, dates, access credentials and approvals required for performance of the order, in complete and correct form.
6.2
The Customer shall notify Werte Medien in particular of any special requirements, including:
a) a mandatory event or exhibition date,
b) a mandatory delivery time,
c) intended outdoor or permanent use,
d) special washing or care requirements,
e) contact with food, cosmetics, chemicals or medicinal products,
f) use by children,
g) special load-bearing, fire protection or safety requirements,
h) requirements imposed by an exhibition organiser, building operator or landlord,
i) statutory labelling, information or accessibility requirements,
j) the intended country of distribution, or
k) distribution under the Customer’s own name or brand.
6.3
Werte Medien shall not be obliged to determine independently whether special requirements pursuant to Clause 6.2 apply.
6.4
If the Customer omits or delays required cooperation, agreed execution, production and delivery periods shall be extended by the duration of the delay and by a reasonable period required for restarting and rescheduling the work.
6.5
Binding deadlines must be agreed again and expressly confirmed if they can no longer be met due to a delay caused by the Customer.
6.6
The Customer shall bear any additional expenditure and costs caused by delayed, incomplete or incorrect cooperation.
This includes in particular:
a) additional design and data-processing costs,
b) increased material or manufacturing costs,
c) express production and express shipping costs,
d) additional setup and personnel costs,
e) storage costs,
f) supplier cancellation costs, and
g) additional journeys or waiting times.
6.7
Werte Medien shall inform the Customer of substantial additional costs as soon as they become apparent.
6.8
The Customer shall appoint a contact person authorised to make decisions and grant approvals and shall ensure that this person is available during performance of the order.
6.9
If performance of an order is significantly delayed due to the Customer’s failure to cooperate, Werte Medien may set the Customer a reasonable deadline for completion of the required cooperation.
If that deadline expires without result, Werte Medien may terminate the affected order or withdraw from the unperformed part of the contract in accordance with statutory provisions.
7. Content and Materials Provided by the Customer
7.1
The Customer shall be responsible for the correctness, completeness and legal admissibility of all content, specifications and materials provided by the Customer.
7.2
This applies in particular to:
a) texts, names and contact details,
b) logos, trademarks and business identifiers,
c) images, graphics, illustrations and videos,
d) fonts,
e) music and other media,
f) product information and advertising claims,
g) pricing information,
h) legally required information,
i) personal data,
j) print and production files, and
k) physical materials or products to be processed or finished by Werte Medien.
7.3
The Customer warrants that it possesses all rights, licences, consents and approvals required for the commissioned use.
7.4
Werte Medien shall not be obliged to examine content provided by the Customer for:
a) spelling or grammatical errors,
b) factual accuracy,
c) trademark availability,
d) copyright compliance,
e) competition-law compliance,
f) data protection compliance,
g) statutory labelling obligations, or
h) other legal risks,
unless such examination has been expressly agreed.
7.5
If Werte Medien identifies obvious technical or legal risks, it may notify the Customer. Such notification shall not give rise to a general duty to inspect or advise.
7.6
Where goods or materials are supplied by the Customer, the Customer shall bear the risk of their general suitability for the requested processing or finishing method.
This applies in particular to non-apparent:
a) material defects,
b) coatings,
c) impregnations,
d) pre-treatments,
e) signs of ageing,
f) internal material stresses, or
g) other properties capable of affecting processing.
7.7
Werte Medien shall remain liable for damage to goods provided by the Customer to the extent that Werte Medien has culpably caused such damage. The liability provisions of these GTC shall remain applicable.
7.8
If test items, setup items or samples are required for processing materials provided by the Customer, a corresponding reserve or test quantity shall be agreed before production begins.
Customer property shall not be used for testing without a corresponding agreement.
8. Print Files, Production Files and Data Checks
8.1
Unless expressly agreed otherwise, the Customer shall provide print-ready or production-ready files in accordance with the technical specifications provided by Werte Medien or the relevant manufacturer.
8.2
The Customer shall be responsible for the following settings unless their creation or review has been expressly commissioned:
a) bleed and safety margins,
b) image resolution,
c) colour spaces and colour profiles,
d) overprint settings,
e) transparencies,
f) embedded fonts or fonts converted into outlines,
g) page order and page orientation,
h) die-cutting, milling and cutting contours,
i) white ink and varnish layers,
j) spot colours,
k) motif positioning, and
l) other production-relevant settings.
8.3
A standard data check covers only the basic technical usability of the files.
In particular, it does not include a binding review of:
a) spelling errors,
b) content errors,
c) incorrect telephone numbers, website addresses or postal addresses,
d) incorrect prices,
e) incorrect page order,
f) unintended overprinting,
g) the subsequent colour appearance,
h) legal admissibility, or
i) the functionality of barcodes and QR codes.
8.4
If files are modified, converted, reconstructed or prepared by Werte Medien, the Customer shall carefully check the resulting approval file.
8.5
Werte Medien shall not be liable for changes resulting from the conversion of unsuitable or defective Customer files where those changes would have been recognisable upon careful examination of the approval file.
8.6
Additional data checks, corrections, final artwork or creation of production-ready files may be charged separately.
8.7
A technical check of a barcode or QR code for general readability does not replace a review of the content, data or destination address stored therein.
9. Proofs, Samples and Approvals
9.1
Before production begins, Werte Medien may provide the Customer with a digital proof, preview PDF, visualisation, colour proof, sample or prototype for approval.
9.2
The Customer shall review the approval documents in particular with regard to:
a) texts and spelling,
b) names and contact details,
c) dimensions and positioning,
d) page order and page orientation,
e) motif selection,
f) colour allocations,
g) finishes,
h) die-cutting, milling and cutting contours,
i) print areas,
j) article, version and quantity, and
k) general conformity with the order.
9.3
By granting approval, the Customer confirms the substantive and design-related correctness of the approval documents.
9.4
Errors contained in approved documents and recognisable upon careful review shall not constitute defects if the produced result corresponds to the approved documents.
9.5
Werte Medien shall remain liable for deviations between the approved documents and the actual production result to the extent that Werte Medien is responsible for such deviations.
9.6
Approvals may be granted in particular:
a) by email,
b) through a messenger service customarily used between the parties,
c) through an approval or project portal, or
d) by signing an approval document.
9.7
An approval shall be binding if it can be attributed to the contact person named by the Customer or to a person who appears to be authorised.
9.8
The Customer shall ensure that approvals are granted only by duly authorised persons.
Internal coordination, responsibility or approval issues on the Customer’s side shall generally not affect the validity of an approval granted to Werte Medien, unless Werte Medien knew or should have recognised the absence of authority.
9.9
Oral approval is granted at the Customer’s risk. Werte Medien may require approval in text form before production begins.
9.10
Production shall generally not begin until full approval has been granted.
Delays in approval shall result in a corresponding postponement of production and delivery dates.
9.11
Digital previews and screen displays are not colour-binding.
Binding colour matching requires an expressly agreed proof or physical sample suitable for the relevant production method.
9.12
Samples, press proofs and prototypes shall be charged separately unless expressly included in the quotation.
10. Production-Related Deviations
10.1
Technically unavoidable and customary industry deviations shall not constitute defects provided that the usability of the service for the agreed purpose is not materially impaired.
10.2
This applies in particular to minor deviations in:
a) colour and colour density,
b) material colour and surface structure,
c) paper whiteness and grammage,
d) dimensions and cutting,
e) folding, stapling and binding,
f) positioning of printing, embroidery, engraving or finishing,
g) registration and alignment,
h) varnishing, embossing and other finishes,
i) material thickness,
j) brightness and lighting effect,
k) seams and textile dimensions,
l) coatings,
m) weight and filling volume, and
n) different batches or production series.
10.3
Colour deviations may arise in particular due to:
a) different printing substrates,
b) different material surfaces,
c) different printing and finishing processes,
d) different production sites,
e) repeat production using a different batch,
f) uncalibrated screen displays, or
g) ageing and environmental influences.
10.4
Exact colour matching with previous production runs, screen displays, manufacturer illustrations, samples or other materials shall only be owed if expressly agreed and technically feasible.
10.5
Repeat orders may differ from previous deliveries.
Previous deliveries shall not automatically constitute binding reference samples.
10.6
Samples, product images and catalogue illustrations are intended for general illustration. Reasonable deviations in series production shall remain permissible.
11. Over- and Under-Deliveries
11.1
For individually mass-produced printed matter, packaging, textiles and promotional products, technically or production-related unavoidable over- or under-deliveries of up to 10 per cent shall be permitted, provided that:
a) such deviation is customary for the relevant product category, and
b) an exact delivery quantity has not been expressly agreed.
11.2
This provision shall not apply to individual items, exhibition systems, displays, websites and other services for which a specific quantity or defined scope of performance is owed.
11.3
A permissible over-delivery shall be charged on the basis of the agreed unit price.
In the event of an under-delivery, the remuneration shall be reduced accordingly.
11.4
An under-delivery within the permissible tolerance shall not generally entitle the Customer to demand production of the missing quantity.
11.5
If an exact quantity is essential for the Customer, this must be communicated before conclusion of the contract and expressly confirmed by Werte Medien.
12. Product Safety, Labelling and Recall Measures
12.1
Each contracting party shall comply with the statutory product, information, labelling, registration and documentation obligations applicable to it on the basis of its actual and legal role.
This applies in particular to its role as:
a) manufacturer,
b) importer,
c) dealer,
d) distributor,
e) authorised representative,
f) fulfilment service provider, or
g) other economic operator.
12.2
Before conclusion of the contract, the Customer shall fully inform Werte Medien of:
a) the intended use,
b) the territory of distribution,
c) the intended user group,
d) special safety requirements,
e) distribution under the Customer’s own name or brand, and
f) special statutory labelling, testing or documentation requirements.
12.3
This applies in particular to products:
a) intended for children,
b) intended for contact with food,
c) containing electrical or electronic components,
d) containing batteries or rechargeable batteries,
e) intended for medical or cosmetic purposes,
f) intended as personal protective equipment, or
g) subject to special warning or safety requirements.
12.4
If the Customer distributes products under its own name or brand, it shall notify Werte Medien before placing the order and provide all required manufacturer, contact and product details.
12.5
Legally required manufacturer, importer, batch, safety, conformity and warning information must not be removed, concealed or altered by the Customer.
12.6
Special tests, conformity assessments, certificates, test reports or laboratory examinations shall only be owed if expressly commissioned.
12.7
If either contracting party becomes aware of:
a) a possible safety defect,
b) a regulatory objection,
c) a required warning,
d) a product withdrawal, or
e) a product recall,
it shall notify the other contracting party without undue delay.
12.8
The contracting parties shall cooperate to a reasonable extent in legally required investigations, warnings, withdrawals and recall measures.
12.9
The costs of a safety measure, withdrawal or recall shall be borne by the party within whose area of responsibility the cause of the measure lies.
Mandatory statutory responsibilities shall remain unaffected.
13. Promotional Products and Customised Products
13.1
Promotional products are generally offered on the basis of the product and manufacturer information provided by the relevant supplier.
13.2
Changes made by the manufacturer to product details, colours, packaging or technical specifications shall remain permissible provided that:
a) the agreed use is not impaired,
b) no material deterioration occurs, and
c) the change is reasonable for the Customer.
13.3
In the event of material changes, Werte Medien shall obtain the Customer’s approval before production begins.
13.4
If special test reports, declarations of conformity, certificates, material documentation or certificates of origin are required, these must be expressly requested and agreed before conclusion of the contract.
13.5
Unless expressly confirmed otherwise, Werte Medien shall only owe suitability for the ordinary or recognisably agreed promotional purpose.
13.6
Manufacturer information concerning dimensions, weight, volume, material composition, durability or technical characteristics may be subject to minor production-related tolerances.
14. Textiles and Clothing
14.1
Size information is based on the sizing charts of the relevant manufacturer.
Sizes may differ between brands, product ranges or models.
14.2
Minor variations in size, fit, colour, fabric structure, material weight and workmanship are production-related and shall not constitute defects.
14.3
Textiles may shrink to a customary material- and production-related extent, release colour or change in texture during the first wash.
14.4
The Customer and subsequent users shall comply with all supplied or stated care and washing instructions.
14.5
Special suitability for:
a) industrial washing,
b) dry cleaning,
c) tumble drying,
d) high washing temperatures,
e) intensive disinfection processes,
f) frequent commercial washing, or
g) special working or operating conditions
shall only be owed if expressly agreed.
14.6
Where different textile sizes are used, the positioning of an identically sized printed or embroidered motif may appear visually different.
14.7
Colour deviations between different textile batches and between the textile colour and the print colour are technically possible.
14.8
With certain synthetic fibres or dyed textiles, technically caused colour changes, bleeding or dye migration may occur, particularly during transfer printing.
14.9
For textiles supplied by the Customer, the provisions of Clause 7 shall apply additionally.
15. Packaging and Carrier Bags
15.1
Before placing the order, the Customer shall fully inform Werte Medien of the intended use of the packaging.
15.2
The Customer shall in particular provide information concerning:
a) the type, weight and dimensions of the contents,
b) intended transport and storage conditions,
c) mechanical loads,
d) contact with food, cosmetics, chemicals or medicinal products,
e) required moisture, grease, light or oxygen barriers,
f) statutory labelling requirements,
g) the filling and sealing method, and
h) the intended distribution market.
15.3
Unless expressly agreed, Werte Medien shall not owe any examination of the packaging with regard to:
a) transport suitability of the filled final product,
b) food-contact compliance,
c) migration or barrier properties,
d) suitability for dangerous goods,
e) medical or pharmaceutical suitability,
f) child safety,
g) recyclability,
h) statutory labelling, or
i) suitability for automated filling and packaging systems.
15.4
Load, drop, transport, climate, migration or other suitability tests shall only be owed if expressly commissioned.
15.5
Before a large series production run, Werte Medien may recommend production of a blank sample, printed sample or prototype.
If the Customer declines such recommendation, the Customer shall bear the risk of characteristics or deviations that would have been apparent from such sample.
15.6
Each contracting party shall comply with the packaging-law obligations applicable to it in its specific role as manufacturer, distributor, upstream distributor, filler or party placing packaging on the market.
15.7
Registration, system participation, volume reporting, licensing or disposal on behalf of the Customer shall only be carried out by Werte Medien if expressly agreed.
15.8
If the Customer requires service packaging for which system participation has already been completed, this must be expressly communicated before conclusion of the contract and confirmed in the quotation or order confirmation.
16. Exhibition Equipment, Displays, Signs, Wrapping and Installation
16.1
Before conclusion of the contract, the Customer shall inform Werte Medien of all requirements imposed by the event organiser, exhibition operator, landlord, building owner or competent authorities.
16.2
The Customer shall be responsible for obtaining in due time any required:
a) access authorisations,
b) setup, entry and parking permits,
c) hall and stand approvals,
d) fire-safety certificates,
e) structural certificates,
f) power connections,
g) lifting and transport equipment, and
h) other permits,
unless their procurement has expressly been undertaken by Werte Medien.
16.3
The Customer shall ensure that installation and delivery locations are:
a) accessible in due time,
b) cleared,
c) safe to access,
d) adequately illuminated, and
e) suitable for the planned work.
16.4
Waiting times, additional journeys, storage and other additional expenditure caused by lack of access or unmet requirements shall be charged separately.
16.5
Electrical, illuminated or mechanical systems may only be operated in accordance with the manufacturer’s instructions and local safety regulations.
16.6
Werte Medien shall not be liable for damage caused by improper operation, unauthorised modification, defective power supply, unsuitable fastening or failure to comply with safety and assembly instructions.
16.7
If exhibition equipment, displays, signs or other systems are installed by the Customer or third parties, the Customer shall be responsible for proper and safe installation.
16.8
If installation is to be carried out by Werte Medien, the service shall be limited to the expressly agreed scope.
Structural, electrical, stability or fire-safety examinations shall only be owed if expressly commissioned.
16.9
The Customer shall ensure that walls, floors, façades, windows, vehicles and other installation or application surfaces are:
a) suitable,
b) sufficiently load-bearing,
c) clean,
d) dry,
e) free from grease, silicone and other contaminants, and
f) free from non-apparent adhesion-reducing coatings.
16.10
Before work begins, the Customer shall inform Werte Medien of concealed cables, pipes, sealing layers, hazardous materials, special façade structures and other risks.
16.11
Werte Medien shall not be liable for detachment, damage or insufficient adhesion attributable to unsuitable, pre-damaged, contaminated, freshly painted or improperly prepared substrates, insofar as their condition was not recognisable before work began.
16.12
Weather-dependent outdoor work may be postponed if temperature, moisture, wind, precipitation or other weather conditions prevent proper performance.
Agreed execution dates shall be postponed accordingly.
16.13
Suitability for permanent outdoor use shall only be owed if expressly confirmed.
16.14
Manufacturer processing, care and durability conditions shall apply to wrapping and adhesive film work.
Manufacturer durability information constitutes an estimate based on experience and not an independent guarantee by Werte Medien unless otherwise agreed.
17. Website, Web Design and Digital Services
17.1
The scope of services for websites, online shops and other digital projects shall be determined exclusively by the quotation, order confirmation or a separate specification document.
17.2
Unless expressly agreed, the following services are not included:
a) hosting and domain administration,
b) ongoing maintenance,
c) security updates,
d) backups,
e) editorial maintenance,
f) preparation or review of legal texts,
g) data protection advice,
h) setup or review of cookie or consent management,
i) review or implementation of a particular accessibility standard,
j) search engine optimisation,
k) guaranteed search engine rankings,
l) interfaces to third-party systems,
m) translations, or
n) ongoing technical support.
17.3
The Customer shall be responsible for the legal admissibility and completeness of all content and legal texts used on the website.
17.4
Werte Medien does not provide legal or tax advice.
In particular, the following shall only be created or integrated if expressly agreed:
a) legal notice,
b) privacy policy,
c) consent and cookie texts,
d) the Customer’s terms and conditions,
e) withdrawal information,
f) price and unit-price information,
g) mandatory labelling, and
h) accessibility statements.
17.5
Responsibility for the legal review of the website shall remain with the Customer unless a separate qualified review has been expressly agreed.
This applies in particular to requirements under:
a) data protection law,
b) digital services law,
c) competition law,
d) copyright and trademark law,
e) accessibility law, and
f) sector-specific regulations.
17.6
If a particular level of accessibility is agreed, the technical standard, scope of testing, intended conformity level and testing date must be expressly specified.
Without such agreement, no particular accessibility conformity shall be owed.
17.7
Werte Medien does not owe any particular commercial effect, visitor volume, conversion rate, reach, increase in turnover or search engine ranking.
17.8
Unless otherwise agreed, websites shall be optimised for the current versions of commonly used browsers and devices prevailing at the time of acceptance.
17.9
Identical display across all browsers, operating systems, screen sizes and devices is not technically owed.
17.10
Changes to browsers, operating systems, search engines, platforms, plugins, programming interfaces or other third-party systems after acceptance may require subsequent adaptations.
Such adaptations shall only be owed under a separate commission.
17.11
Werte Medien shall only be liable for outages or functional changes affecting external services, plugins, platforms, hosting providers, payment services, map providers, social media services or programming interfaces to the extent that Werte Medien is responsible for the outage or change.
17.12
Chargeable third-party services, licences, domains, plugins, fonts, stock media and hosting plans shall be paid by the Customer unless otherwise agreed.
17.13
Ongoing licence and subscription fees shall be borne by the Customer even where initial technical setup or procurement was carried out by Werte Medien.
17.14
Maintenance, security monitoring and data backup shall only be owed where a separate maintenance, hosting or support agreement exists.
17.15
Without a maintenance agreement, the Customer shall be responsible after acceptance for:
a) updates,
b) security measures,
c) backups,
d) licence renewals,
e) functional checks, and
f) continued operation.
17.16
Domains, hosting agreements, email accounts and other third-party access credentials shall, where possible, be set up directly in the Customer’s name.
17.17
Where accounts are initially set up through an account held by Werte Medien, a technically possible transfer shall take place after full payment.
This requires that the relevant provider permits the transfer and that the Customer provides the required accounts and details.
17.18
Costs, contractual terms, durations and notice periods of third-party providers shall be governed by the respective provider’s contractual terms.
17.19
After handover or termination of support, the Customer shall change passwords and assume responsibility for administration, security and renewal of the accounts unless a separate support agreement exists.
17.20
Where Werte Medien processes personal data on behalf of the Customer, the parties shall enter into a separate data processing agreement where legally required.
17.21
The Customer shall keep access credentials confidential and notify Werte Medien without undue delay of any loss or suspected misuse.
18. Delivery and Performance Times
18.1
Delivery, completion and execution dates shall be agreed individually for each order.
18.2
Delivery and performance dates shall only be binding if expressly confirmed by Werte Medien in text form as:
a) “binding”,
b) “guaranteed”, or
c) a “fixed date”.
18.3
Non-binding dates, estimated delivery periods, standard transit times and information supplied by shipping providers do not constitute guaranteed delivery dates.
18.4
Where used in a quotation or order confirmation, the following definitions apply:
a) Completion date means the date on which the goods are ready for collection or dispatch.
b) Dispatch date means the date on which the goods are handed over to the shipping provider.
c) Delivery date means the date on which the goods are expected to arrive at the Customer’s premises or the agreed destination.
18.5
An obligation to deliver on a particular date or at a particular time shall only exist if a binding delivery date has been expressly confirmed.
18.6
Delivery and performance periods shall not commence until:
a) the contract has been concluded,
b) all technical and commercial matters have been clarified,
c) all required files and documents have been received in full,
d) all required approvals have been granted, and
e) any agreed advance payment or security has been received.
18.7
Subsequent changes requested by the Customer shall result in a reasonable extension of delivery and performance times.
18.8
Partial deliveries and partial performance shall be permissible to the extent reasonable for the Customer.
18.9
The fact that Werte Medien is aware of an event, exhibition or campaign date shall not in itself create a binding fixed date.
A binding delivery or completion date must be expressly confirmed by Werte Medien.
18.10
If a non-binding date is exceeded, the Customer shall generally set Werte Medien a reasonable deadline for performance or cure.
Statutory cases in which a deadline is not required shall remain unaffected.
18.11
If a delay affects only a separable partial delivery or independently usable part of the service, the Customer’s rights shall generally be limited to the delayed part.
This shall not apply where the timely remainder cannot objectively be used for the agreed contractual purpose.
19. Shipping, Transfer of Risk and Transport
19.1
Unless otherwise agreed, shipping shall be carried out at the Customer’s expense.
19.2
Werte Medien shall select the shipping method, route and shipping provider at its reasonable discretion unless the Customer has commissioned a specific shipping method.
19.3
In the case of a sale involving carriage, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer when the goods are handed over to the freight forwarder, carrier, parcel service or other person appointed to carry out the shipment.
19.4
This shall also apply to partial deliveries and deliveries offered freight-free or free of shipping charges, unless delivery to the destination has expressly been agreed as an obligation of Werte Medien itself.
19.5
Unless a binding delivery date or an obligation to deliver to the destination has expressly been agreed, Werte Medien shall fulfil its delivery obligation by handing the goods over to the shipping provider properly and in due time.
19.6
Werte Medien shall not be liable for delays within the shipping provider’s sphere of responsibility, provided that:
a) the goods were handed over to the shipping provider in due time,
b) the shipping provider was selected with due care,
c) Werte Medien did not assume its own delivery guarantee, and
d) Werte Medien did not issue incorrect instructions to the shipping provider.
19.7
Booking an express service or communicating the standard transit time of the shipping provider does not constitute an independent delivery guarantee by Werte Medien.
19.8
Transport insurance shall only be arranged at the Customer’s express request and expense.
19.9
Upon receipt, the Customer shall inspect the shipment for externally visible damage, shortages and signs of tampering.
19.10
Where possible, visible transport damage should be documented immediately with the delivery agent and noted on the delivery receipt.
The packaging and affected goods shall be retained until the matter has been fully clarified.
19.11
The Customer shall notify Werte Medien of transport damage and shortages without undue delay and provide suitable evidence.
19.12
Where claims against the shipping provider can only be asserted by Werte Medien, Werte Medien shall provide reasonable assistance to the Customer in processing the claim.
The Customer shall provide all required documents and information.
19.13
If the Customer defaults in accepting delivery or if delivery cannot be completed for reasons attributable to the Customer, the Customer shall bear the resulting costs.
These include in particular:
a) return transport costs,
b) storage costs,
c) repackaging costs,
d) costs of renewed delivery, and
e) other necessary additional expenditure.
19.14
For deliveries outside Germany, the Customer shall bear customs duties, import charges, taxes and other official fees unless otherwise agreed.
19.15
The Customer shall be responsible for compliance with import, labelling, distribution and use regulations applicable in the destination country, unless a corresponding review or service by Werte Medien has been expressly agreed.
20. Acceptance of Work and Digital Services
20.1
Where a service is legally or contractually subject to acceptance, Werte Medien shall notify the Customer of completion and request acceptance.
20.2
The Customer shall inspect the service within a reasonable period, generally within seven working days after it has been made available, and either:
a) declare acceptance, or
b) refuse acceptance while specifically identifying at least one defect.
20.3
Minor defects shall not entitle the Customer to refuse acceptance.
20.4
The service shall be deemed accepted if Werte Medien has set the Customer a reasonable deadline for acceptance after completion and the Customer fails to refuse acceptance within that period while identifying at least one defect.
20.5
Acceptance shall also generally be deemed to have occurred if the Customer:
a) uses the service productively,
b) publishes it,
c) transfers it to third parties,
d) puts it into operation, or
e) commercially exploits it without material complaint.
20.6
Reservations concerning known defects must be expressly declared upon acceptance.
20.7
Partial acceptance may be requested for separable and independently usable parts of the service.
21. Prices and Payment Terms
21.1
All prices are stated in euros net, plus the applicable statutory value-added tax, unless expressly stated otherwise.
21.2
Shipping, packaging, insurance, customs, tolls, permits, storage, installation, accommodation and travel expenses shall be charged additionally unless expressly included in the quotation.
21.3
Invoices shall generally be issued after delivery or after acceptance of the service.
21.4
In the case of permissible partial deliveries, completed project phases or independently usable partial services, Werte Medien shall be entitled to issue partial invoices.
21.5
Advance or instalment payments may be agreed in the quotation for material-intensive orders, custom production, large order volumes, third-party services or longer-term projects.
21.6
Invoices shall be payable without deduction within seven calendar days after receipt unless a different payment period has been agreed.
21.7
Cash discounts or other deductions shall only be granted if expressly agreed.
21.8
The Customer shall be in default upon expiry of the agreed payment period, provided that the statutory requirements are met.
21.9
In the event of default, the statutory default interest rate for transactions not involving a consumer shall apply.
Werte Medien shall also be entitled to claim the statutory default lump sum and any additional proven loss caused by the delay.
21.10
Payments shall first be applied to costs, then to interest and finally to the oldest principal claim unless mandatory statutory provisions provide otherwise.
21.11
In the event of payment default, reasonable doubts concerning solvency or a material deterioration in the Customer’s financial position, Werte Medien may:
a) withhold outstanding services,
b) require advance payment or adequate security, and
c) withdraw from the unperformed part of the contract after expiry of a reasonable deadline without result.
22. Retention of Title
22.1
Delivered goods shall remain the property of Werte Medien until all current claims arising from the relevant order have been paid in full.
22.2
In relation to merchants, the goods shall remain the property of Werte Medien until all claims arising from the ongoing business relationship have been paid in full.
22.3
The Customer shall be entitled to resell goods subject to retention of title in the ordinary course of business.
The Customer hereby assigns to Werte Medien all claims arising from such resale up to the invoice value of the goods subject to retention of title. Werte Medien accepts the assignment.
22.4
The Customer shall remain entitled to collect the assigned claims until revocation.
Werte Medien shall only revoke the collection authority in the event of payment default or a material deterioration in the Customer’s financial circumstances.
22.5
Any processing or transformation of the goods subject to retention of title shall be carried out on behalf of Werte Medien.
If the goods are combined or mixed with other items, Werte Medien shall acquire co-ownership in proportion to the invoice value of the goods subject to retention of title compared with the value of the other items at the time of processing or combination.
22.6
The Customer shall notify Werte Medien without undue delay of attachments, seizures or other third-party access to goods subject to retention of title.
22.7
If the realisable value of the securities exceeds the secured claims by more than 10 per cent, Werte Medien shall release securities of its choice at the Customer’s request.
23. Rights of Use and Intellectual Property
23.1
All copyrights, related rights, design rights, conception rights and other intellectual property rights in work created by Werte Medien shall remain with Werte Medien or the respective rights holder.
23.2
The Customer shall receive only those rights of use required by the contractual purpose and expressly agreed.
23.3
Unless otherwise agreed, after full payment the Customer shall receive a non-exclusive, unlimited-in-time and unlimited-in-territory right of use in the final work product, limited to the agreed contractual purpose.
23.4
Exclusive rights of use, editing rights, rights of transfer or sublicensing rights shall only be granted if expressly agreed.
23.5
Any use before full payment shall be permitted on a revocable basis only.
23.6
Unless expressly agreed, the following are not included in any obligation to hand over:
a) open typesetting and layout files,
b) editable graphic files,
c) working files, intermediate files and design drafts,
d) raw data,
e) source files,
f) source code not required for operation,
g) internal libraries,
h) calculations,
i) production know-how, or
j) other internal working materials.
23.7
Designs not selected by the Customer may not be used, modified or passed to third parties without the express consent of Werte Medien.
23.8
Changes requested by the Customer to copyright-protected works shall require the consent of Werte Medien unless the necessary editing right has expressly been granted.
23.9
Rights in third-party content, including stock images, fonts, plugins, themes, software, music and manufacturer data, shall be governed by the licensing terms of the relevant rights holder.
23.10
The Customer shall comply with third-party licence restrictions.
23.11
Trademark rights, domain rights, patent rights or utility model rights shall only be transferred by express agreement.
23.12
Unless separately commissioned, Werte Medien shall not be obliged to examine the trademark availability or registrability of a name, logo, slogan or design.
23.13
Where websites or digital services are created using third-party systems or platforms, the Customer shall receive no rights in the underlying platform, software or technical infrastructure of the third-party provider.
24. Production Tools and Working Materials
24.1
Production tools used by Werte Medien or commissioned third parties shall remain the property of Werte Medien or the relevant manufacturer, even if a proportion of their manufacturing cost has been charged.
24.2
This applies in particular to:
a) printing plates,
b) screens,
c) printing blocks,
d) embroidery programs,
e) die-cutting tools,
f) milling and cutting files,
g) templates,
h) fixtures,
i) final artwork,
j) technical working files, and
k) other production aids.
24.3
The Customer shall acquire ownership or a right to surrender only if expressly agreed.
24.4
Storage of such production tools for repeat orders shall only be owed if expressly agreed.
25. Inspection, Notification of Defects and Warranty
25.1
The Customer shall inspect goods and services without undue delay after receipt or provision.
25.2
If the transaction constitutes a commercial transaction for both contracting parties, the inspection and notification obligation under Section 377 of the German Commercial Code (HGB) shall additionally apply.
25.3
Obvious defects, shortages and incorrect deliveries shall be notified in text form without undue delay, generally no later than seven calendar days after receipt.
25.4
Hidden defects shall be notified without undue delay after discovery.
25.5
A notice of defect should contain at least:
a) the order or invoice number,
b) a precise description of the defect,
c) the affected quantity or partial quantity,
d) meaningful photographs or videos, and
e) information concerning the packaging and, where applicable, batch identification.
25.6
The Customer shall not destroy, further process, alter or fully distribute rejected goods without the consent of Werte Medien if doing so would make inspection of the defect or cure more difficult.
25.7
Werte Medien shall be given the opportunity to examine the alleged defect.
25.8
In the event of justified defects, the statutory rights to cure shall apply subject to the following:
a) Werte Medien shall be granted a reasonable period for cure.
b) The Customer shall make the goods required for inspection and cure available.
c) Withdrawal, price reduction, self-remedy or damages shall generally require that cure has failed, is unreasonable or is legally dispensable.
25.9
Cure shall generally only be deemed to have failed after a reasonable number of attempts appropriate to the nature and significance of the defect have been unsuccessful.
25.10
Any independent rectification by the Customer or third parties shall be carried out at the Customer’s expense if Werte Medien was not first given a reasonable opportunity to cure.
Statutory exceptions and urgent cases shall remain unaffected.
25.11
If a defect affects only a clearly separable partial quantity or an independently usable part of the service, the Customer’s warranty rights shall generally be limited to the affected quantity or part.
This shall not apply where the defect-free remainder cannot objectively be used for the agreed purpose.
25.12
The Customer may not reject the entire delivery if only an insignificant or clearly separable part is defective and the Customer can reasonably use the defect-free part.
25.13
If the Customer becomes aware of a defect, the affected goods must not be further processed, personalised, distributed or used if doing so would make inspection, cure or mitigation of loss more difficult.
The Customer shall bear avoidable additional loss caused by continued use despite knowledge of the defect.
25.14
The following in particular shall not constitute defects:
a) errors approved by the Customer,
b) errors contained in Customer files,
c) technically unavoidable or customary industry deviations,
d) ordinary wear and tear,
e) improper use,
f) failure to comply with care, storage, assembly or operating instructions,
g) modifications made by the Customer or third parties,
h) unsuitable storage,
i) damage caused by weather, moisture, heat, cold or UV radiation where the product was not expressly intended for such conditions, or
j) incompatibilities caused by subsequent changes to third-party systems.
25.15
Guarantees shall only be assumed if expressly designated as guarantees and confirmed in text form.
26. Limitation Period for Defect Claims
26.1
The Customer’s claims for defects shall generally become time-barred twelve months after transfer of risk or, in the case of services subject to acceptance, twelve months after acceptance.
26.2
The reduced limitation period shall not apply:
a) in cases of intentional or grossly negligent breach of duty,
b) in the event of injury to life, body or health,
c) in the event of fraudulent concealment of a defect,
d) where a guarantee of quality or durability has been assumed,
e) to claims under the German Product Liability Act,
f) to mandatory statutory recourse claims,
g) where an item has been used for a building in accordance with its customary purpose and has caused the building to be defective, or
h) where a longer mandatory statutory limitation period applies.
27. Liability of Werte Medien
27.1
Werte Medien shall be liable without limitation:
a) in cases of intent and gross negligence,
b) in the event of culpable injury to life, body or health,
c) under the German Product Liability Act,
d) in the event of fraudulent concealment of a defect,
e) within the scope of an expressly assumed guarantee, and
f) where any other mandatory statutory liability applies.
27.2
In cases of ordinary negligence, Werte Medien shall only be liable for breach of a material contractual obligation.
Material contractual obligations are obligations whose fulfilment is essential for proper performance of the contract and on compliance with which the Customer may regularly rely.
27.3
In the event of an ordinarily negligent breach of a material contractual obligation, liability shall be limited to the foreseeable loss typical of the contract at the time of conclusion.
27.4
Liability for ordinary negligence shall otherwise be excluded.
27.5
Where liability is limited under the foregoing provisions, such limitation shall generally also apply to:
a) loss of profit,
b) production downtime,
c) business interruption,
d) lost savings,
e) reputational damage,
f) indirect loss, and
g) other consequential loss.
27.6
The exclusion under Clause 27.5 shall not apply where such loss constitutes a typical and foreseeable consequence, at the time of conclusion of the contract, of a breach of a material contractual obligation.
27.7
Werte Medien assumes no liability for any particular commercial advertising success, exhibition success, sales result, turnover, profit, reach or market response.
27.8
In the event of loss of or damage to data, liability shall be limited to the cost of restoration that would have been incurred had proper and regular data backups been performed, unless liability is unlimited under Clause 27.1.
27.9
Before handing over devices, systems, websites or data sets, the Customer shall create a complete backup.
27.10
The limitations of liability shall apply correspondingly in favour of the employees, legal representatives, agents and subcontractors of Werte Medien.
28. Third-Party Rights and Indemnification
28.1
If Werte Medien is held liable by third parties due to content, materials or designs supplied or expressly specified by the Customer, the Customer shall indemnify Werte Medien against justified claims to the extent that the Customer is responsible for the infringement.
28.2
The indemnification shall include necessary and reasonable legal defence costs.
28.3
Werte Medien shall notify the Customer without undue delay of any claims asserted and shall, where reasonable, provide the Customer with an opportunity to participate in the defence.
28.4
Werte Medien shall not make acknowledgements or settlements at the Customer’s expense without the Customer’s consent unless this is necessary to avert an imminent and substantially greater loss.
28.5
The indemnification shall apply in particular to claims arising from infringement of:
a) copyright,
b) trademark and identification rights,
c) design rights,
d) personality rights,
e) data protection rights,
f) competition law,
g) statutory labelling requirements, or
h) other intellectual property rights.
29. Cancellation and Termination by the Customer
29.1
In the case of purchase and supply contracts for individually manufactured or specially procured goods, there is no general right to cancel free of charge after conclusion of the contract.
29.2
Cancellation shall only be possible with the consent of Werte Medien.
29.3
If Werte Medien agrees to cancellation, the Customer shall pay all costs incurred and services performed up to that point.
These include in particular:
a) conception and design services,
b) data processing,
c) samples and prototypes,
d) material costs,
e) supplier and manufacturer costs,
f) third-party cancellation charges,
g) goods already produced,
h) shipping and storage costs, and
i) other proven expenditure.
29.4
In the case of contracts for work and services, the Customer’s statutory termination rights shall remain unaffected.
In the event of termination for convenience, the remuneration claim of Werte Medien shall be governed by statutory provisions.
29.5
Notices of termination and cancellation must be issued at least in text form.
29.6
Customised goods already produced shall be made available to the Customer after full payment, provided there are no legal or factual obstacles.
30. Force Majeure and Other Impediments to Performance
30.1
Events of force majeure or other extraordinary events beyond the control of Werte Medien shall extend delivery and performance periods by the duration of the impediment and by a reasonable restart period.
30.2
Such events include in particular:
a) natural disasters,
b) fire and flooding,
c) epidemics and pandemics,
d) war, terrorism and civil unrest,
e) official measures,
f) strikes and lawful lockouts,
g) failures of energy, telecommunications or transport networks,
h) cyberattacks despite reasonable protective measures,
i) operational disruptions not caused by Werte Medien,
j) raw material or material shortages not caused by Werte Medien, and
k) corresponding events affecting suppliers and subcontractors.
30.3
Werte Medien shall inform the Customer of the commencement and expected duration of any material impediment to the extent possible and reasonable.
30.4
If the impediment lasts longer than eight weeks and continued adherence to the contract is no longer reasonable for either party, that party may terminate or withdraw from the affected and unperformed part of the contract.
30.5
Services already properly performed and third-party costs that cannot be cancelled shall be paid by the Customer.
31. Set-Off, Rights of Retention and Assignment
31.1
The Customer may only set off claims that are undisputed or have been finally adjudicated.
31.2
The prohibition on set-off shall not apply to claims arising from the same contractual relationship that are directly reciprocal to the claim of Werte Medien.
31.3
The Customer may only exercise a right of retention where the counterclaim arises from the same contractual relationship.
31.4
Assignment of claims against Werte Medien to third parties shall require the consent of Werte Medien to the extent that such consent requirement is legally permissible.
Consent shall not be unreasonably withheld.
32. Confidentiality
32.1
Both contracting parties shall keep confidential information of the other party secret and use it solely for performance of the contract.
32.2
Information shall not be considered confidential if it:
a) is generally known,
b) becomes generally known without breach of contract,
c) was already lawfully known to the receiving party,
d) was lawfully obtained from a third party, or
e) must be disclosed under statutory provisions or by order of an authority or court.
32.3
Statutory retention, information and disclosure obligations shall remain unaffected.
32.4
The confidentiality obligation shall continue after termination of the contract.
33. Data Protection and Processing on Behalf of the Customer
33.1
Werte Medien shall process personal data in accordance with applicable data protection laws.
33.2
Further information is set out in the privacy policy of Werte Medien.
33.3
The Customer may only transmit personal data to Werte Medien if an adequate legal basis exists and any required information obligations towards the data subjects have been fulfilled.
33.4
If the service involves processing personal data on behalf of the Customer, the contracting parties shall enter into a separate data processing agreement before such processing begins.
33.5
The Customer shall remain responsible for the lawfulness of the processing and compliance with its data protection obligations insofar as it is the controller for data protection purposes.
34. Storage and Archiving of Digital Data
34.1
Unless expressly agreed, Werte Medien shall not be obliged to archive Customer data, production data, open files, intermediate versions or working documents permanently.
34.2
The Customer shall be responsible for backing up final files and access credentials provided to it.
34.3
Werte Medien may delete project-related working and production data six months after full completion of the order, provided that:
a) no longer storage period has been agreed,
b) no statutory retention obligations prevent deletion, and
c) the data is no longer required for warranty or legal defence purposes.
34.4
Subsequent reproduction or continuation on the basis of earlier data cannot be guaranteed.
34.5
Restoration of archived data may be charged separately.
35. Residual Materials, Samples and Uncollected Goods
35.1
Unless expressly agreed, Werte Medien shall not be obliged to permanently retain the following after completion of the order:
a) residual materials,
b) samples,
c) overproduced quantities,
d) Customer-specific blanks,
e) packaging,
f) spare parts, or
g) other physical working and production materials.
35.2
Goods that are not collected or cannot be delivered may be stored at the Customer’s expense.
35.3
After an unsuccessful request for collection and expiry of a reasonable period, Werte Medien shall be entitled, in accordance with statutory provisions, to dispose of or realise the goods at the Customer’s expense.
Existing payment claims shall remain unaffected.
35.4
Storage of materials, samples or products for possible repeat orders must be expressly agreed.
36. Reference Use
36.1
After publication or market launch of the relevant project, Werte Medien shall be entitled to use the completed work as a reference.
36.2
Reference use may occur in particular on:
a) the Werte Medien website,
b) social media channels,
c) presentations,
d) quotation documents,
e) exhibition appearances, and
f) printed self-promotional materials.
36.3
Confidential information and personal data shall not be published without appropriate authorisation.
36.4
No publication shall take place before a confidential market launch planned by the Customer without the Customer’s consent.
36.5
The Customer may object to reference use in text form for a legitimate commercial or legal reason.
37. Place of Performance, Applicable Law and Jurisdiction
37.1
The place of performance for payments shall be the registered business address of Werte Medien in Mönchengladbach.
37.2
All contractual relationships shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
37.3
If the Customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the registered business address of Werte Medien.
37.4
The same shall apply where a jurisdiction agreement is legally permissible, in particular where the Customer has no general place of jurisdiction in Germany.
37.5
Werte Medien shall remain entitled to bring proceedings against the Customer at the Customer’s general place of jurisdiction.
38. Final Provisions
38.1
Amendments and supplements to the contract should be recorded in text form for evidentiary purposes.
Individual agreements shall take precedence regardless of their form, provided that they can be demonstrated.
38.2
If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the remaining provisions shall remain effective.
38.3
The invalid or unenforceable provision shall be replaced by the applicable statutory provisions.
38.4
Rights arising from individual agreements, expressly assumed guarantees or mandatory statutory provisions shall not be restricted by these GTC.
Werte Medien – Proprietor Tanju Yaramis
Kelzenberger Weg 98
41199 Mönchengladbach
Germany
Version: July 2026