Terms of Trade

§ 1 Contractor

Contractor, producer and supplier of all services provided under the trademark “CosmoColor” is the company S.M.P. Sign Systems GmbH, Bargkoppelweg 47, 22145 Hamburg, hereafter called “S.M.P.”

§ 2 Admitted customers

S.M.P. supplies only professional companies as well as public services. The delivery to private customers is excluded. On demand of S.M.P. the customer has to proof it`s company status by hand out of a copy of the business license.

§ 3 General

1. The following contract between S.M.P. and its customers is ruled by the General Terms and Conditions described hereafter. We reserve the right to change these terms and conditions at any time. Any modification coming from customers is not enforceable and does not have any effect on the existing contract.

2. Each customer must provide S.M.P. with accurate and valid information (name, billing address, delivery address, product features, print material and size, etc...) required during the order process. Each customer remains responsible for any damages caused by the information he provided to S.M.P. in the order form (mistake, inaccuracy, omission); as an example, customers will support the consequences of any late delivery including without limitation the financial damages caused by a delivery to a wrong address.

§ 4 Contract

1. Products presented by S.M.P. in the CosmoColor internet shop are not for sale. However, each customer can propose to buy some of these products from S.M.P. by filling an order form available on S.M.P.. S.M.P. has the right to accept, or refuse any order form, without any justification. In any case, an order confirmation does not force S.M.P. to deliver the ordered products.

2. Each customer’s order remains valid during 4 weeks from the date of the order processed on S.M.P.. From the day of the order, and until the expiration of the 4 weeks period, any order remains binding for a customer who, as a result, shall pay any outstanding invoice and accept any product(s) ordered; such customer’s obligations are applicable and enforceable from the date customer has filled and processed the order form on S.M.P.. From the day the order has been confirmed, confirmation meaning acceptance from S.M.P. of the order form, the sale and purchase contract is formed and the customer must pay any invoice and accept the ordered product(s); the customer commits to such obligations for the duration of the sale and purchase contract, and from the date S.M.P. has accepted the order processed by the customer on S.M.P..

3. S.M.P. has the right to refuse at its own discretion the order form processed by a customer. However, as soon as the order form has been confirmed by email, the customer can not cancel neither its order nor any of its obligations under the sale and purchase agreement.

4. The selling prices invoiced to customers match the prices displayed by S.M.P. on S.M.P., on the day of the order.

5. The products selling prices displayed on S.M.P. are VAT inclusive but do not include packaging, shipping and delivery costs.

6. By the only effect of ordering a product on S.M.P., each customer accepts the applicable General Terms and Conditions of the sale and purchase contract on the day of the order; each customer receives an order confirmation by email, such email being the only document that will be communicated to him to confirm the acceptance by S.M.P. of his order. Such document only mentions the information sent by the customer, and related to the order processed on S.M.P.. General Terms and Conditions can be printed or downloaded from www.CosmoColor.de, on the day of the order.

§ 5 Delivery

1. Shipping and Delivery costs are indicated in the delivery conditions (see page Shipping on S.M.P.) and are mentioned in the order form.

2. Once the ordered products have been delivered by S.M.P. to the courier company chosen by S.M.P., S.M.P. is not responsible anymore for the shipping and the delivery of the ordered products.

3. S.M.P. will not indemnify any customer for a damage caused by a late delivery due to circumstances beyond its control or any other circumstances affecting the courier company chosen by S.M.P..

4. The ordered products are printed and packed by and under the responsibility of S.M.P., and then transferred for delivery to one or several courier companies specialised in safe delivery ; such courier companies are freely chosen by S.M.P..

5. A maximum of three delivery tries will be carried out by the applicable courier company. In case of failure to deliver on the third try, the ordered products(s) will be returned to S.M.P. address. Another delivery tentative will be processed at the customer’s expenses should he explicitly require it.

6. Any damage or excessive late delivery incurred during the transportation of the ordered product must be notified by the customer by any means to S.M.P..

7. The delivery of a product by the courier company is attempted on workdays only (Monday to Friday).

8. All standard payment and delivery terms apply.

§ 6 Guarantee

1. Each customer has the right to return incorrect or defective merchandise. Claims have to be made within 14 days after delivery. Complaints should be in the form of an email with S.M.P. contact form. S.M.P. will make its best efforts to establish a contact within 24 hours after receipt of the complaint. Should the customer withdraw the complaint the merchandise will be considered as accepted and delivered.

2. In the context of a customer’s request related to incorrect or defective merchandise S.M.P. can force the customer to return the product for further expertise. Should S.M.P. acknowledge that the merchandise is incorrect or defective, S.M.P. will make its best efforts to repair such damage or ultimately replace the incorrect or defective merchandise, without any additional costs to the customer.

3. S.M.P. is not liable for insignificant deviations of the delivered product compared to product descriptions. Insignificant deviations like slight variations in color, size and the substrate texture are expected due to technology applied. Such insignificant deviations do not entitle the customer to return merchandise. Appearance of products can vary compared to on screen appearance due to different graphic cards, monitors or browsers.

4. All materials used are standard trade products and S.M.P. can only guarantee inks, substrates and fade resistance based on vendor-supplied information.

§ 8 Property rights

All products remain the property of S.M.P. until full payment has been received including all shipping charges.

§ 9 Trems of payment

Terms of payment are specified with the shop.

§ 10 Returns and cancellations

All prints delivered by S.M.P. are individual grapic works produced on behalf of the customer. Those orders can not be cancelled.

§ 11 Copyright

All Images contained on this website are copyrighted property of their respective owners. All rights are reserved.

§ 12 Applicable Law

1. Place of fulfilment and jurisdiction is Hamburg (Germany).

2. Existing Standard terms and conditions are governed by the laws of Germany.