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General Terms and Conditions

of KOHLSCHEIN GmbH & Co. KG for the “Creative Solutions” business division

The following terms and conditions apply to all orders in the version valid at the time the order is placed. The service provider and user of these GTC is KOHLSCHEIN GmbH & Co. KG, Feldstraße 9, 41749 Viersen, Germany.

§ 1 General Provisions
§ 2 Conclusion of Contract
§ 2a Print Data, Usage Rights & Print Data Guidelines
§ 3 Prices
§ 4 Payment Terms
§ 5 Delivery and Shipping Costs
§ 6 Return of Goods
§ 7 Cancellation, Lump-Sum Compensation Claim
§ 8 Warranty for Defects
§ 9 Retention of Title
§ 10 Exclusions of Liability, Dangerous Goods
§ 11 Force Majeure
§ 12 Place of Jurisdiction

§ 1 General Provisions

  1. Our offer is addressed exclusively to entrepreneurs within the meaning of § 14 German Civil Code (BGB). This includes all natural or legal persons as well as partnerships with legal capacity, public authorities, educational institutions, etc. who place the order in the course of their commercial or self-employed professional activity.
  2. By placing the order, but at the latest upon acceptance of the goods, the customer acknowledges our sales terms as binding. The business relationship between us and the customer shall be governed exclusively by these General Terms and Conditions and our privacy policy. We do not recognize any deviating terms and conditions of the customer. Conflicting terms and conditions, amendments to these sales terms and any other ancillary agreements of the customer require the express written consent of the management of KOHLSCHEIN GmbH & Co. KG.

§ 2 Conclusion of Contract

  1. All information relating to our offers is subject to change and merely constitutes a non-binding invitation for the customer to submit a purchase offer. By accepting the offer verbally or in writing, or by clicking the “Order with obligation to pay” button in our online shop, the customer submits a binding offer to conclude a purchase contract. Order confirmation emails sent immediately after placing an online order serve only to confirm receipt of the order and explicitly do not constitute an order confirmation. The contract is concluded implicitly after a period of 2 working days (Monday–Friday) has elapsed. We reserve the right to decide freely whether to accept orders. A written order confirmation will be issued only upon express request.
  2. The conclusion of the contract is subject to correct and timely self-supply by our suppliers. This applies only in the event that we have concluded a congruent covering transaction with the supplier and are not responsible for any incorrect delivery or non-delivery.
  3. The goods shall be delivered in accordance with the specifications, packaging units (PU) and/or minimum quantities stated in our online shop. Exceptions require written request and confirmation.
  4. The contract language is German. The contract text is stored by us after the conclusion of the contract until the contractual relationship has been fully processed and can be provided as a copy upon written request.
  5. Molds, tools, printing plates, drawings and other documents remain our property, even if commissioned by the customer. We are entitled to dispose of these items freely and to use them for other work as well.
  6. We are entitled to use sample copies of the produced goods for documentation and reference purposes, provided that no legitimate confidentiality interests of the customer conflict with this. The customer may object to such use in individual cases in writing in advance.

§ 2a Print Data, Usage Rights & Print Data Guidelines

  1. If the production of individually printed products is part of the contract, the customer is obliged to provide print-ready data that complies with the technical requirements.
  2. The “Print Data Guidelines” valid at the time of the order shall apply: “Print Data Guidelines”. The print data guidelines form an integral part of the contract.
  3. For orders placed via the online shop, production is generally carried out on the basis of the print data provided by the customer. A technical print data check will only be carried out if it has been expressly commissioned as an additional service.
  4. For individually coordinated projects outside the online shop, a technical review of the print data is carried out automatically. Such a review does not, however, release the customer from responsibility for technical correctness and for the content-related and legal admissibility of the submitted content.
  5. We shall generally not assume any liability for printing defects that are attributable to non-compliant, incomplete or incorrect print data.
  6. The customer warrants that they are entitled to use, reproduce and process the content submitted by them (e.g. texts, images, logos, trademarks, designs) and that no third-party rights are infringed. The customer shall indemnify KOHLSCHEIN against all third-party claims asserted in connection with the contractual processing of the content provided by the customer.

§ 3 Prices

  1. All prices are stated in euros (€). The net prices valid on the day the contract is concluded shall apply ex works Viersen, including packaging, plus any customs duties. Freight and insurance costs will be invoiced separately unless otherwise stipulated in § 5, item 3 of these sales terms.
  2. Statutory VAT is not included in our prices. It will be shown separately on the invoice at the statutory rate on the day of invoicing. For deliveries within the European Union (EU), we do not charge VAT provided that a valid VAT identification number (VAT ID) is supplied during the order process.
  3. In the event of acceptance/order of larger quantities of an item, KOHLSCHEIN reserves the right to grant a volume discount. Please direct inquiries by email to: hello@kohlscheincreative.com

§ 4 Payment Terms

  1. Permitted payment methods are advance payment by bank transfer & payment on invoice.
  2. We generally offer payment on invoice only to existing customers with positive creditworthiness. New customers who wish to pay on invoice must request this in writing before placing the order. When paying on invoice, the purchase price is due 14 days after the invoice date without deduction, unless otherwise agreed in writing.
  3. In the online shop, we additionally offer payment by credit card and PayPal. When paying by credit card or PayPal, the total amount due will be debited immediately upon completion of the order.
  4. We reserve the right not to offer certain payment methods if there are justified reasons, e.g. insufficient creditworthiness. In this case, we will refer to other payment methods.
  5. Under no circumstances do we assume costs incurred for money transactions, such as fees for receiving international bank transfers.
  6. Payment deadlines are deemed met if KOHLSCHEIN can dispose of the amount within the stated deadlines. Payments shall be offset against the oldest outstanding claim, insofar as several claims exist against the customer and no different payment allocation is made by KOHLSCHEIN prior to payment.
  7. If the customer is in default of payment in whole or in part, they shall—without prejudice to any other rights we may have—automatically pay default interest from that point onward, without reminder, at a rate of eight percentage points above the respective base rate of the German Federal Bank.
  8. If the customer ceases payments, is over-indebted, or if the opening of composition or insolvency proceedings is applied for over the customer’s assets, our entire claim becomes due immediately. The same applies in the event of any other significant deterioration in the customer’s financial circumstances. In such cases, KOHLSCHEIN is entitled to demand adequate security or to withdraw from the contract.
  9. The customer may set off claims arising from this contract only if their counterclaims have been finally adjudicated, are undisputed or have been acknowledged by us. In addition, the customer is entitled to exercise a right of retention only insofar as their counterclaim is based on the same contractual relationship.
  10. We are entitled to assign claims arising from our business relationship in whole or in part to third parties (e.g. factoring companies).

§ 5 Delivery and Shipping Costs

  1. In the case of advance payment, orders will be dispatched within the delivery time agreed in writing and/or stated in the order confirmation, starting from receipt of payment.
  2. If clarification is required for order processing and/or customer goods and/or customer data such as delivery addresses, print data etc. must be provided, the shipping period shall begin only after all required information, data, goods etc. have been provided by the customer. If clarification/provision is delayed by the customer, KOHLSCHEIN can neither guarantee delivery within the agreed delivery time nor assume any additional costs or fees incurred as a result.
  3. The ordered items are delivered by freight forwarders or parcel services. If delivery is not possible because the recipient is not present at the stated delivery address despite adequate notice of the delivery time, the costs for a renewed delivery will be charged to the customer.
  4. Freight forwarders and parcel services generally deliver goods only to the curbside/house door. Unless delivery inside buildings (e.g. to store or apartment doors) has been expressly confirmed and commissioned in writing, it is at the voluntary discretion of the freight forwarder/parcel service.
  5. All stated prices are plus shipping costs unless otherwise agreed or stated in writing. For parcel deliveries to German islands, we currently charge an island surcharge of €12.00 per parcel. For deliveries to German islands (by freight forwarder) or to foreign islands (by parcel service or freight forwarder), we charge an island surcharge regardless of the goods value. Automatic calculation is not possible; we will be happy to determine the costs upon request.
  6. Shipment of deliveries for online shop orders is at the customer’s request and risk (§ 447 BGB). The transport companies commissioned by us are liable for transport damages in accordance with statutory provisions.
  7. For all other deliveries, the agreed delivery terms according to the current Incoterms apply.
  8. To safeguard claims against the carrier, transport damage must be certified by the recipient on the consignment note (notation and signature of the delivery driver) and reported to us.
  9. The complaint periods for transport damage correspond to the statutory provisions. Obvious defects must be reported immediately; hidden defects immediately after becoming known.
  10. Unpaid returns will not be accepted.
  11. In the event of labor disputes, official measures, force majeure or similar events beyond our control that demonstrably impair our ability to deliver, the delivery time shall be extended by the duration of the disruption.
  12. If self-collection is agreed, the goods must be collected within three days after notification that the goods are ready at the plant. Goods not collected will be invoiced no later than the 7th working day after the date of the completion notice. If the goods are not collected in time, after one reminder and a reasonable collection deadline set by us, either shipment will be made to the customer address known to us or the completed goods will be stored by us against invoicing of the customary storage fees. In both cases, we are not liable for the existence/condition of the goods.

§ 6 Return of Goods

  1. The return of properly delivered goods is generally voluntary.
  2. In the case of a voluntary return, a processing fee of 25% of the invoice amount will be charged. We also reserve the right to apply further deductions for depreciation of the returned goods. The customer is free to prove that no depreciation or a significantly lower depreciation occurred than claimed by us.
  3. Custom-made products manufactured for the customer (e.g. individual printing with customer artwork and/or other custom productions) are generally excluded from return.

§ 7 Cancellation, Lump-Sum Compensation Claim

  1. The customer may withdraw from the purchase contract at any time until completion of the order. However, KOHLSCHEIN reserves the right to invoice costs already incurred in full.
  2. In the event of early termination not attributable to us, remuneration shall be as follows: Services not yet rendered at the time the termination is received and no longer to be rendered due to the termination will not be charged. Instead, these not rendered services will be charged at a lump sum of 10% of the net price.

§ 8 Warranty for Defects

  1. The customer’s rights for defects require that the customer has duly complied with their inspection and notification obligations pursuant to § 377 German Commercial Code (HGB). Notices of defects must be in writing.
  2. At our discretion, the customer’s claims are limited to remedying the defect or delivering a defect-free item (subsequent performance). If subsequent performance fails, the customer has the right, at their choice, to reduce the price or to withdraw from the contract.
  3. Further claims by the customer, in particular for consequential damages, are generally excluded. This does not apply in cases of intent, gross negligence or breach of material contractual obligations, or in cases of injury to life, body or health. The customer’s right of withdrawal and any liability under the Product Liability Act remain unaffected.
  4. The limitation period for warranty claims is 12 months from delivery of the goods to the customer.
  5. Minor deviations from samples, product descriptions and images, as well as from previously delivered goods, shall not be deemed defects. We therefore reserve the right to make customary commercial deviations in deliveries. The same applies to customary commercial quality and color deviations with regard to material and print results.
  6. The offered goods are products usually made from natural materials such as paper and board. Material-related deviations (e.g. in color, surface, structure, flatness) as well as changes due to external factors such as humidity, temperature and light exposure (e.g. discoloration or deformation) are normal and do not constitute a defect.
  7. Unless the customer expressly and in writing specifies a particular printing process or printing technology, we are entitled to determine the printing process taking into account technical and economic criteria (e.g. print run, material, format, production utilization).
  8. Different printing processes and/or production equipment may lead to differing results in terms of appearance, color effect and gloss level. This applies in particular to repeat productions. Such differing results, insofar as they are within customary commercial tolerances, do not constitute a defect.

§ 9 Retention of Title

  1. We retain title to the purchased item until receipt of all payments from the business relationship with the customer. In the event of a breach of contract by the customer, in particular in the event of payment default, we are entitled to take back the purchased item. Taking back the purchased item constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to dispose of it; the proceeds of disposal shall be credited against the customer’s liabilities minus reasonable disposal costs.
  2. The customer is obliged to treat the goods subject to retention of title with care. In particular, they are obliged to insure them at their own expense against fire, water and theft damage at replacement value.
  3. In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can bring an action pursuant to § 771 ZPO and inform the third party of our ownership of the goods subject to retention of title. If the third party is not able to reimburse the judicial and extrajudicial costs of such an action, the customer shall be liable for the loss incurred by us.
  4. The customer is entitled to resell the purchased item in the ordinary course of business. However, they may not pledge the goods subject to retention of title or transfer them by way of security. The customer hereby assigns to us the receivables against their customers arising from the resale of the goods subject to retention of title, as well as those receivables relating to the goods subject to retention of title that arise from any other legal basis (in particular tort claims and claims for insurance benefits), in the amount of the final invoice amount (including VAT) of our claim, regardless of whether the purchased item has been resold without or after processing. We accept this assignment. The customer remains authorized to collect these receivables even after the assignment. Our authority to collect the receivables ourselves remains unaffected. However, we undertake not to collect the receivables as long as the customer meets their payment obligations from the collected proceeds, is not in default and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, we may demand that the customer disclose the assigned receivables and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
  5. Processing or transformation of the purchased item by the customer is carried out for us. If the purchased item is processed together with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. The same shall apply to the item produced by processing as to the goods delivered subject to retention of title.
  6. If the purchased item is inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer transfers co-ownership to us on a pro-rata basis. We accept this transfer. The customer holds the resulting sole or co-ownership for us.
  7. We undertake to release the securities to which we are entitled at the customer’s request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 10 Exclusions of Liability, Dangerous Goods

  1. Our advice, whether verbal, written or through tests, is given to the best of our knowledge, is non-binding and is provided with exclusion of liability. The suitability of our product for the customer’s application and the compatibility of its use with third-party rights remains the customer’s responsibility.
  2. If our products are used for “dangerous goods” within the meaning of § 2 of the German Dangerous Goods Transportation Act (GGBefG), the customer is obliged to inform us in detail and in full of all hazards associated with the goods to be packed prior to placing the order.
  3. Printing of EAN barcodes is carried out in accordance with the state of the art and taking into account the implementation rules of the CCG. Statements regarding scanning results at retail checkouts cannot be given due to possible influences on barcodes after leaving our plant and due to lack of uniform measuring and scanning technology. Printing errors in such EAN barcode prints on our cartons do not oblige us to pay damages, including any consequential defect damages.
  4. The suitability of our products for the customer’s intended purpose and compliance with special provisions, in particular food law, is not within our control and therefore lies solely within the customer’s responsibility.
  5. Our right to deliver replacement goods remains unaffected.

§ 11 Force Majeure

  1. “Force majeure” means events and situations beyond KOHLSCHEIN’s reasonable control that prevent us from fulfilling our contractual obligations in whole or in part. This includes, without limitation, natural disasters, war, terrorism, strikes, epidemic diseases, pandemics, fire, governmental or regulatory measures, power outages, and unforeseeable obstacles (e.g. failure of suppliers) that cannot be avoided despite reasonable care.
  2. In the event of such an occurrence, KOHLSCHEIN undertakes to inform its customers promptly and in writing and to describe any impact on the fulfillment of obligations.
  3. In the event of force majeure, KOHLSCHEIN’s contractual obligations shall be suspended for the duration of the force majeure event. The suspension of performance obligations is limited to the period during which performance is prevented by force majeure.
  4. KOHLSCHEIN undertakes to make all reasonable efforts to minimize the effects of force majeure. If the force majeure event lasts longer than 10 working days, either party has the right to terminate the contract with immediate effect by written notice to the other party, without any liability arising towards the other party.
  5. As soon as the force majeure event ends and performance of the contractual obligations is possible again, KOHLSCHEIN will resume its obligations without delay.

§ 12 Place of Jurisdiction and Choice of Law

  1. The place of jurisdiction is our registered office, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
  2. The law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

KOHLSCHEIN GmbH & Co. KG

Viersen, 04/03/2026