1. General - Scope

The following Terms and Conditions apply to all business relations of Viva-LaCosta, business address: 52511 Geilenkirchen, Germany, Chief Executive Officer: Frank Neubauer in the following referred to as contractor, over the web page www.print.viva-lacosta.com and/or www.viva-lacosta.com . Customers in the sense of the Terms and Conditions are both consumers and entrepreneurs. Deviating, contrarious or supplementing General Terms and Conditions, even if aware of, are not an integral part of the contract, unless the validity is endorsed explicitly. Relevant in each case is the version which is valid at the conclusion of the contract.

2. Information Regarding the Accessibility of the Contract Provisions

We will save the text of the agreement and send you the order details by e-mail. You may save this e-mail on your computer, so you can access the data at any time. Also, your personal data, order information and invoices (invoice history back to 5 August 2010) can be viewed in your customer account (login area) at all times. The current General Terms and Conditions (GTC) including the revocation instructions can be found at all times in our web shop.

3. Conclusion of contract

a. In the final step of the ordering process you can again verify your order in the online shop. By clicking the "Buy now" button subsequently you are submitting a binding order of the goods in your shopping cart. As a result, the contract between you and Viva-LaCosta is concluded. We immediately confirm receipt of the order together with the relevant customer information via e-mail.
If we do not receive payment or printable files, in case of printed products which are produced to customer specifications, for the respective order within 5 weeks, we are authorized to withdraw from the purchase contract.

b. For orders to be delivered to a third party, the purchaser is considered the principal. If the delivery to a third party is for their benefit, or if the recipient of the delivery benefits in some other way from the acceptance and further usage, then both the purchaser and delivery recipient together are considered the principal. When this type of order is placed, the purchaser implicitly ensures the third party’s consent.

c. When placing an order to be invoiced to a third party, regardless if it is placed in their own name or that of the third party, the purchaser and invoice recipient together are considered to be the principal. After invoicing has been completed as per request of the purchaser, a subsequent change to another invoice recipient indicates the implicit assumption of debt of this invoice recipient. When this type of order is placed, the purchaser implicitly ensures the consent of the invoice recipient.

d. Viva-LaCosta will not process print orders if

• the content of the printed product or fulfillment of the print order violates prevailing criminal law or could be prosecuted as an administrative offence;

• the printed product is used to pursue openly racist, xenophobic, violence-glorifying, radical or other anti-constitutional objectives;

• the content of the printed product is sexist in nature; or if

• the printed product disregards ethical core values or is considered immoral for other reasons.

Viva-LaCosta reserves the right to permanently block customer accounts in case of repeated placing of such print orders.

e. Viva-LaCosta does not require a minimum order value.

f. You may conclude your purchase contract in English.

4. Information on Right of Revocation

The right of revocation does not exist for distance selling contracts for the delivery of goods manufactured according to customer specifications or clearly tailored to personal demands or which are not suitable to be returned due to their nature.

Consumers have a right of revocation for a period of 14 days. A consumer is a natural person that concludes a legal act for a purpose that can neither be attributed to the person's commercial nor self-employed profession.

Cost responsibility agreement
If you use your right of revocation, you have to bear the regular return costs if the delivered merchandise corresponds to the ordered merchandise and if the price of the merchandise to be returned does not exceed 40 Euros, or if you have not yet effected the consideration or a contractually agreed partial payment if the price of the merchandise is higher at the time of revocation. Otherwise, the return shipment is free for you.

Revocation instructions

Right of revocation

You may revoke your declaration of agreement within 14 days without stating the reasons in text form (e.g. letter, fax, email) or by returning the item(s) – if the article was delivered to you before the deadline expired. The deadline period starts after you receive this notice in text form, but not before the goods are received by the recipient (in case of recurring deliveries of the same type of goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations as required by article 246, section 2 in conjunction with section 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code, and our obligations in accordance with section 312e, par. 1, 1st sentence of the German Civil Code in conjunction with article 246 section 3 of the Introductory Act to the German Civil Code. The timely dispatch of revocation or return of the item shall be sufficient for compliance with the deadline for revocation. The revocation is to be addressed to: Viva-LaCosta, Flurstrasse 12, 52511 Geilenkirchen, Germany, info@viva-lacosta.com, www.viva-lacosta.com www.print.viva-lacosta.com

Consequences of revocation

In the event of a valid revocation, services that have already been received by both parties shall be returned and, if applicable, benefits enjoyed (e.g. interest) released. If you are unable to return to us in full the services you have received or are able to return them partially or only in a deteriorated condition, you are to pay us proportional compensation, if applicable. This does not apply to the return of articles if the deterioration of the article is exclusively attributable to the testing of such articles – as would be possible e.g. in a commercial shop. You may also be able to avoid the obligation of compensation for any deterioration occurring due to the normal use of the item by not using it as your own property and avoiding anything that could impair its value. Items capable of being shipped in packages are to be returned at our risk. You are to bear the cost of returning the item if the good delivered is the same as the one ordered and if the price of the item to be returned does not exceed the amount of EUR 40.00 or if – in case of a higher price – you have not made a payment or paid the contract installment at the time of revocation. Otherwise the return will cost you nothing. Goods that cannot be shipped in packages will be picked up at your location. Payment obligations are to be met within 30 days. For you, the period will begin when your declaration of revocation or the matter is sent and for us, upon its/their receipt.

End of revocation instructions

5. Delivery, Passage of Risk

a. The production and/or delivery times specified for the completion of the order in the web shop at www.print.viva-lacosta.com correspond to the current status of planning. The total delivery period is based on: receipt of payment, receipt of data, production time and shipment duration. Mentioned workdays are Monday through Friday, NOT Saturday, Sunday and public holidays.

b. The contractor is not liable for compliance with non-binding completion dates and non-binding delivery dates. In case of non-compliance with delivery dates that have been explicitly acknowledged as binding by the contractor, the compensation obligation is limited to the value of order. Further claims are ruled out, unless the failure to meet the delivery date confirmed as binding is based on a deliberate act or gross negligence by the contractor or a legal representative or assistant of the contractor.

c. The delivery time will be automatically extended for all cases involving force majeur as long as the hindrance exists. The term force majeur includes strikes and operational failures - especially malfunctions in data links - as long as these hindrances have a verifiable effect on delivery times. This applies also if the hindrance occurs at one of the contracting partners of the contractor. The contractor shall also not be held liable in the aforementioned circumstances if the delay is caused by a pre-existing hindrance.

d. Should products be temporarily or permanently undeliverable, or should Viva-LaCosta be in default with the delivery, Viva-LaCosta will get in touch with you immediately and inform you about the situation. This can – especially when accessories are involved – also happen by non-availability or delay in delivery already being indicated in the course of the selection or ordering process.

e. Choosing a shipping provider rests with the company Viva-LaCosta and cannot be influenced by the client. Delivery is curbside only. Consignments are delivered to the persons encountered at the receiving address.

6. Payment

a. The prices specified on the website apply, subject to the customers’ order details remaining unchanged.

b. If a consignment of items must be sent again due to a customer error or wish, the customer has to bear the resulting costs. If the customer is a company with its headquarters in the European Union outside of Germany and possesses a valid sales tax ID, the invoice will be processed without a notification of VAT charged. If the customer provides an incorrect sales tax ID and the delivery is handled as tax free, which the contractor could not have recognized under consideration of due diligence of a responsible businessman, the contractor is in debt of the unpaid tax. If the customer is a business with headquarters in a non-EU country, the invoice will be processed without a notification of VAT charged. 

c. If using tax-exempt export delivery, the information supplied by the buyer (= contract partner) is decisive. The buyer must meet the personal requirements for this tax-exemption. Viva-LaCosta cannot take subsequently involved parties into consideration (recipients other than the buyer or forwarded shipments) in terms of meeting tax-exemption requirements. 

d. Additional costs:
– Shipping costs are all include in our offers, except reshipping.

e. The payment methods indicated by the customer while placing the order apply. 

f. The prices indicated at the time of order placement apply. Special offers cannot be used after expiration. 

g. Should the delivered items not be accepted, the customer is in default of payment, unless the consumer activates their right of revocation for items that are not manufactured according to customer specifications. The consumer has to pay interest on the resulting debt at a rate of 5 % above the prime rate, and a business at a rate of 8 % above the prime rate. We reserve the right to verify and apply a higher interest rate on late payments from businesses. We charge 15.00 Euros in late penalties for remitting a written payment reminder. If no payment is made within 8 working days following receipt of a payment reminder, legal action will be taken. If the customer's order requires a large allocation of paper, cardboard, special materials, or preparatory work, a partial prepayment can be demanded. 

h. If the fulfillment of a payment claim is endangered because of post contract deterioration of the customer's financial circumstances, or the disclosure thereof, the contractor can demand prepayment and immediate payment of all open and not yet payable amounts, retain items not yet delivered, as well as stop work on current orders. These rights also apply to the contractor if the customer does not make payment in spite of receiving a justified payment reminder. 

i. If after submitting a binding order the client wishes to make changes, these can be invoiced with a flat fee of EUR 10.00 plus VAT. Changes in mode of shipment or shipping address are invoiced with the actual costs incurred.

7. Invoicing

The invoice is sent in electronic form by e-mail in PDF format. This PDF invoice bears a qualified electronic signature according to Section 14, Par. 3 of UStG (German VAT act). An electronically sent and signed invoice is equivalent to a paper invoice according to Sect. 14 UStG and entitles to deduction of prepaid VAT and to business deduction. For asserting your right to deduct prepaid VAT, you, as invoice recipient, are obliged to examine (verify) the electronic signature, to create a check protocol and to protect it against alterations and retain (save) it together with the electronic invoice in accordance with Sect. 15 UStG. In accordance with Sect. 14b, Par. 1, Sentence 5 of UStG, private customers must keep invoices for 2 years if they refer to services rendered in conjunction with real estates. The storage of electronic invoices must also comply with GAAP, GAPCAS (Generally Accepted Principles of Computer-Assisted Accounting Systems), Generally Accepted Principles of Data Access and Verifyability of Digital Documents, as well as Sect. 238 of HGB (German Commercial Code) et seq. A printout is not sufficient.

Invoices will be issued according to Sect. 14 Par. 4 UStG in the name of the beneficiary for the specified order. Subsequent change requests that are not due to incorrect address transmission cannot be taken into account. A modification of the invoicing address is therefore not possible.

8. Reservation of Ownership Rights

Until fulfillment of all demands, including all demands for balance from current accounts, that the supplier for each cause in law against the customer is now or in the future entitled, the following collateral will be granted to the supplier, which he will release as he chooses, as long as its value exceeds the sustained demands by more than 10 %. Consignments remain property of the supplier. Processing or alteration always occurs, without resulting obligation, for the supplier as the manufacturer. If the (co)owned property of the supplier lapses due to combining, amalgamating, processing, or alteration, then it is already agreed upon that the (co)owned property of the customer is turned over to the supplier in a proportional value (invoice value). The customer stores the (co)owned property of the supplier free of charge. Consignments, which are (co)owned property of the supplier, are subsequently referred to as retained goods. Pledge of goods or assignments as collateral is prohibited. If the customer transfers the remainder of the retained goods to which he is entitled and attains a receivable for it, he surrenders this receivable, including all demands for balance from current accounts, immediately in the full amount to the supplier. The customer is irrevocably entitled, as long as he duly maintains his obligation to pay, to collect the supplier surrendered receivables in his own name and invoice. If third parties have access to retained goods, the customer is obliged to point out such ownership by the supplier and must inform the supplier immediately. The same applies to receivables.

9. Warranty

a. In all cases, the customer is obligated to inspect the supplied data as well as the delivered preview and provisional products to insure conformity with the contract.

b. Complaints due to obvious defects shall be reported to us in writing by the customer (entrepreneur) within one week of receipt of the consignment. Otherwise warranty claims shall be excluded. Punctual dispatch is sufficient for compliance with the deadline. Hidden defects that were not detected by the entrepreneur during the immediate inspection upon delivery shall be reported in writing within a 4 week period after the items have left the factory.

c. In the case of justifiable claims, consumers have the choice either to have the defects rectified or the items replaced. The statute of limitations for filing legal deficiency claims is two years starting from the date of delivery or date the purchaser received the items. We have the right to refuse the supplementary performance selected by the customer if it would result in disproportionate costs and another type of supplementary performance is possible without causing substantial disadvantage to the customer. For businesses, we initially choose whether to guarantee by rectifying or replacing the defective merchandise. In all instances, the supplementary performance remains limited to the order value. The same applies to a case of a justifiable claim for rectification or replacement. In the case of delayed, failed or unsuccessful rectification or replacement, the customer may withdraw from the contract. Liability for claims consequential to a defect is excluded.

d. The identification of defects in only a part of the supplied items does not entitle the customer to a claim on the entire delivery unless the customer has no interest in a partial delivery.

e. For deviations in the composition of the materials, the contractor is only liable for the amount of his own claim against his respective sub-supplier. In this case, the contractor is freed of liability, if he transfers his claim against the sub-supplier to the customer. The contractor then is liable as a guarantor, insofar as demands against the sub-supplier by the fault of the contractor do not exist, or such demands are not enforceable.

f. If the information supplied by the customer does not comply with the requirements of Viva-LaCosta, the guidelines listed in "Data Requirements" will be applied.

g. Excess or short deliveries up to 5 % of the ordered amount may occur under certain circumstances due to the printing process.

10. Damage Liability

a. If the customer asks the contractor to ship the item to a location other than the delivery address, the risk shall be transferred to the customer when the contractor hands over the goods to the forwarding company, freight carrier, or other designated persons or establishments for purpose of shipment. This does not apply if the customer is the final user.

b. Subject to the following regulations, customer demands for damage compensation are excluded if the damage was not caused intentionally or caused by gross negligence. This also applies to minor infringements of duty by our assistants.

c. The above mentioned liability exemption does not apply if we negligently violated an essential contractual obligation; however, in this case, our obligation to indemnify is limited to damages that are typical and predictable to this type of contract. The contractor is specifically not liable for the loss of potential business profits or potential savings. This also applies to all damages which are caused by our employees, representatives, or assistants. As soon as the items have been handed over to the shipping provider, or at the latest, upon their departure from our company premises, the customer shall bear the risk for the items, if the customer is not the consumer. The transfer of risk onto the customer also takes place with post paid or free delivery shipments, if the customer is not the consumer. Every delivery that shows signs of external damage should only be accepted by the customer after receiving confirmation of the damage from the freight forwarder or carrier.

d. All originals turned over to us shall be treated with care. In case of damage or loss, liability will be assumed up to their material value. Claims of any other kind are excluded.

e. If an order is placed for a data check (optional selection) we will check your printing data with regard to resolution, trim, data format and font embedding. We make no guarantee for spelling and typographical errors, color reproduction or problems that may occur if the maximum color application of 300 % is exceeded. Fundamentally, overprint settings and the positioning of folds and perforation lines are also not checked, because they may be pertinent to design considerations.

11. Liabilities

The printed materials and electronic publications are produced based on the content of the customer's specifications. For this reason, the customer guarantees their unrestricted entitlement for the usage, propagation, and circulation of all transferred files, including texts and picture material, and will be held liable towards Viva-LaCosta. Furthermore, the customer guarantees that the printing commissioned by him for production is not covered by commercial patent rights or copyrights held by a third party and that the content shall not violate any legal competition regulations or public morality, and is held liable for any infringement thereof.

12. Rights and Claims of Third Parties

The customer is obligated put all products and provided services delivered by Viva-LaCosta to use in such a way, that the rights of third parties are not impaired or violated. Otherwise, the customer is obligated to release Viva-LaCosta from all resulting claims of third parties.

13. Legal Notice and Advertising

We can, with the consent of the customer, refer to ourselves on printed products in a suitable manner. The customer may refuse their consent only if they have an overriding interest in doing so.

14. Transmission and Archiving of Printing Data

If the purchaser and customer transmits printing data, regardless of the method used and especially in the case of the electronic transmission of printing data and exchange of data carriers, the contractor accepts no liability for the transmission or safekeeping of the printing data. Printing data will not be archived by the contractor. The contractor will pay no compensation for lost data, and if the data must be researched or reproduced, this will be the customer's responsibility.

15. Applicable Law, Place of Fulfillment, Place of Jurisdiction

1. The laws of the Federal Republic of Germany apply, unless the validity of a German law conflicts with mandatory regulations.

2. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

3. For agreements with business people, legal persons governed by public law or special public funds, the exclusive place of fulfillment and place of jurisdiction shall be the registered office of the contractor (91413 Neustadt an der Aisch, Germany).

4. If the private end-consumer does not reside within the European Union, the place of jurisdiction shall be our registered office.

5. For transactions with end-users within the European Union, the laws of the place of residence of the end-user may also be applicable, if it definitely pertains to legal consumer-related regulations.

16. Copyright

a.    All messages, graphics, and layout of the contractor's web site serve only to inform our customers. The use thereof is at one's own risk. All data therein is protected by copyright. Copying and printing the entire web site is only permitted for the purpose of placing an order with our company. Any additional act of processing, copying, distribution, or public exhibition exceeds the normal utilisation and represents an offense against copyright law that will be criminally prosecuted and effect liability for compensation. All other quoted trademarks, product names, company names, and/or logos on our website are the sole property of the respective owners. All rights are reserved.

b.    We reserve all rights, especially the copyright including all exploitation rights and ancillary copyrights, in the services / work results we perform. The customer acquires a simple right to use those services and results which is limited to the territory of the Federal Republic of Germany, the purpose of use defined in the contract and normal usage for this purpose. The right of reproduction, right of distribution, right of public dissemination, broadcasting right and right of reproduction through image carriers and sound storage media are excluded from this right of use.

Any further rights of use require a separate written agreement.

c.    If we receive any image or text or other data and/or other designs – in whatever form – for the purpose of executing the customer's order, the customer assures us that he can dispose of these data freely and that their use does not violate any third-party rights.

d.    When placing the order, the customer releases us from any third-party claims referring to the image, text or other data and/or other designs made available to us by the customer.

e.    Based on the contract concluded with us, the customer does not acquire any rights in any trademarks owned by us or any other commercial property rights. Granting such rights requires a separate written agreement.

f.    We are under no obligation to make any data or other provisional products gained or procured within the framework of our performance, such as e.g. lithographs or printing plates, available to the customer.

Legal Notice

Viva-LaCosta
Company domicile: 52511 Geilenkirchen, Germany
Chief Executive Officer: Frank Neubauer
Sales Tax ID No.: DE192939442

Address:

Viva-LaCosta
Flurstrasse 12
52511 Geilenkirchen
Germany
 

Telephone: +34 634 105 604
 

info(at)viva-lacosta.com

Banking details

Account holder: Frank Neubauer
Bank: Santander
Account no.: 0049 4484 95 2890005833
IBAN: ES97 0049 4484 9528 9000 5833
BIC: BSCHESMMXXX

Disclaimer:

In spite of careful monitoring of the content, we accept no liability for the content of external links. The operators of these linked websites are exclusively responsible for their contents.