General terms and conditions (=AGB)
All orders are executed on the basis of these AGB exclusively.The version valid at the date of conclusion of the contract is decisive for it.
Requirement of the written form
Any deviation from the AGB requires the legally binding, written confirmation of INTER-NOT
Ineffectiveness of other AGB
General conditions of the customer which are diverging or to the contrary or supplementary, especially “purchase conditions” or “terms of delivery” will, even upon knowledge, not become part of the contract. INTER-NOTE is not obliged to object against such other AGB.
II. Placing of an order; acceptance of an order
Commitment to the order
Orders pursuant to these AGB are binding offers of the customer to make a conclude a contract pursuant to § 145 BGB (= German Civil Code). Orders can be realized at the website inter-note.com (inter-note.net, inter-note.de, noten-verlag.de).
Acceptance of the order
The contract has come into effect when the order is received by INTER-NOTE and has been accepted. It is sufficient for the acceptance of an order that INTER-NTE sends an order confirmation to the person ordering and starts to execute the order.
1. The customer can decide whether he will pay the collection made by him on the basis of an order for direct debiting, credit card or PayPal.
2. If the customer wants to pay on the basis of an order by direct debiting he must deliver to INTER-NOTE a direct debit authorization.
INTER-NOTE is entitled to authorize a third person to collect the amounts. Amounts which were released from the customer for direct debiting will be credited immediately to INTER-NOTE or the third person authorized by INTER-NOTE respectively. INTER-NOTE reserves the right to effect an examination of the creditworthiness and in case of negative information concerning the creditworthiness as well as in case of a return of the debit entry it can cancel (block) that way of payment or the service for the customer. By this order for direct debiting the customer authorizes INTER-NOTE to effect the collection of the respective amount from the mentioned current account by direct debiting. If an already started payment by means of direct debiting is not executed for reasons for which the customer is responsible for, as for instance faulty statements, revocation or a not existing cover on the original account, the accruing costs up to € 25,-- will be charged to the customer. The customer commits himself to inform about a change of his account data immediately as well as to give a direct debit authorization in case of a change of account. The customer is entitled to question INTER-NOTE within a clearing period about the accumulated invoice status.
Right of withdrawal of a contract by INTER-NOTE
INTER-NOTE reserves the right to withdraw a contract in the case of execution of a printing order offending against existing legal provisions or infringeing upon the rights of third persons.
The same applies for printing orders which contain nude shots as well as pornographic and violence glorifying depictions. INTER-NOTE is entitled to refuse at its own discretion pictorial or textual contents which have been added to the printeing order.
Delivery to third persons
In case of orders to be delivered to third persons, the person who has ordered is regarded as the customer. When placing such an order, the customer assures that the consent of the consignee is on hand.
III. Principles for the execution of an order
Liability of the customer for the printing data.
INTER-NOTE executes all orders on the basis of the selection of printing data delivered by the client. The customer is liable to the full extent for the completeness and correctness of those selected data. INTER-NOTE, however, is liable for the content of the printouts (scores).
Exclusion of the obligation for examination
Data delivered by the customer or by a third person authorized by him are not subject to examination by INTER-NOTE. This does not apply for obvious defects of the deliveries, especially not for data which are not readable or cannot be processed.
When transmitting data, the customer has to install, prior to the transmission, protecting programmes for computer viruses according to the latest state of the art.
Data protection has to be made by the customer. INTER-NOTE is entitled but not obliged to make copies.
IV. Completion and fixed dates
Non-binding production times
The production and delivery terms of INTER-NOTE published in the internet pages are not binding. Fixed dates determined by the customer are, on principle, excluded.
Exclusion of damages
Claims for damages of the customer or third parties for non-observance of the delivery times mentioned by INTER-NOTE are explicity excluded
V. Provisions for dispatch (not applicable for private consumers)
Passing of the risk on dispatch
As soon as the consignment is transmitted to the carrier, the risk passes to the customer.
Exclusion of liability for the carrier
INTER-NOTE charges third companies (carriers) with the dispatch with due regard to the necessary care. A liability of INTER-NOTE for the carrier’s activity is excluded.
VI. Reservation of title (of ownership)
Reservation of ownership
INTER-NOTE retains title to the goods until payment in full.
VII. Reclamation and warranty of quality
Exclusion of warranty for self-compiled printing data
INTER-NOTE will print the printing data compiled by the customer and therefore does not give warranty for defects which result from the selection of the printing data.
Minor deviation from quality
Deviations which are minor and not essential for the utilization of the goods are no production defects.
Time for complaint
Notices of defect for obvious defects have to be notified to INTER-NOTE within two weeks after receipt of the goods.
VIII. Commercial protection rights/copyright
Copyright and rights of use
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, music notes, data compilations, and software, is the property of INTER-NOTE or its content suppliers and protected by German and international copyright laws. The compilation of all content on this site is the exclusive property of INTER-NOTE and protected by German and international copyright laws. All software used on this site is the property of INTER-NOTE or its software suppliers and protected by German and international copyright laws.
Liability of the customer for infringement of the rights of third persons
The customer assures that the execution of the order will not infringe the rights, especially copyrights, of third persons. Herewith the customer releases INTER-NOTE from all claims of third persons with regard to such violation of rights.
IX. Contributed data and data carrier
Contributed data and data carrier
All printer’s copies, data and data carrier sent by the customer will be kept within the scope of the order processing as well as for the execution of the order. A liability for damage or loss is excluded. After termination of the order, all contributed data and data carrier will be destroyed by INTER-NOTE. A return to the customer is excluded.
Storing of data and data carriers
The data and data carrier contributed by the customer will be kept by INTER-NOTE for a period of two months for possible additional orders. The storing by INTER-NOTE is free of charge and voluntary. A claim in this respect does not exist. After storing, the data and data carrier will, without prior consultation, be professionally destroyed.
X. Data protection
The customer’s personal data will be stored and used by INTER-NOTE only with due regard of the data protection provisions for the purpose of fulfilling the contract.
XI. Final provision
Place of performance and jurisdiction (not applicable for private consumers)
If not otherwise explicitly excluded by law, the place of performance and jurisdiction is Hirschberg/Baden Württemberg.
Application of the German law
The German law is applicable for the contractual relationship. UN law is expressly excluded.
The possible ineffectiveness of one or more provisions of these AGB does not affect the effectiveness of the other provisions. In all cases of ineffectiveness of these AGB, the ineffective provision will be substituted by an effective one which is consistent with economic purpose of the ineffective provision.