Our General Terms and Conditions

1. General Terms
1.1. These general terms and conditions – called GTC below – apply to the business activities of Kramer Elastics GmbH, Industriestrasse 4, 91233 Neunkirchen am Sand and it’s agent Transind S.A. barastreet 122 – 1070 Brussels – called ideck below – regarding its customers in the ideck business area only; in particular, they apply to the use of the ideck Internet platform. They regulate the contractual relationship between ideck and its customers. Ideck customers are natural or legal persons or companies with some legal capacity who utilise the Internet platform ideck.de and the included services. 1.2. Only these general terms and conditions apply to the contractual relationship between the customer and ideck. Differing or supplementary general terms and conditions of the customer will not become part of the contract.

1.2. Only these general terms and conditions apply to the contractual relationship between the customer and ideck. Differing or supplementary general terms and conditions of the customer will not become part of the contract.

2. Formation of the Contract
2.1. The range of goods displayed on ideck’s Internet pages constitutes a non-binding offer to the customer to bid using ideck.de.

2.2. The customer’s binding offer, advanced after completion of a contract, is created by ordering from the ideck web pages. The customer is committed to the order from ideck for 24 hours, after which the order may be cancelled. Ideck will accept the offer by sending an order confirmation. This confirmation will be sent electronically within 24 hours by means of an automatic e-mail. Ideck is only bound to its order confirmation if it does not withdraw the confirmation within 24 hours by means of another e-mail.

3. Ideck Models
3.1. Ideck will provide the customer with models on the ideck.de website. The customer receives a non-transferrable, limited right to use of an ideck product for these models.

4. Customer Models and Granting of a Licence for Manufacture
4.1. If the customer uses their own models instead of ideck’s models, especially their own drafts, they will grant ideck a limited right to use the products, models, images, files, and other content during manufacture of a product and rendering of services by ideck (processing, reproduction, transfer to participating partners in the production process, transfer to third parties for rectification of defects, storage etc.).

5. Customer’s Responsibilities
5.1. The customer is solely responsible for the contents and quality of the data, models, images, and filed transferred to them.

5.2. Ideck requires that the customer have all necessary rights to the data, models, images, files, and other content transferred to ideck. In particular, ideck does not assume responsibility or liability for data, work, models, images, files, and other content transferred to ideck by the customer which:

• violate copyright or right of use, trademark rights, personal rights, or other third party rights
• violate the Youth Protection Act or penal laws (especially libel, slander, defamation, etc. § 185 ff StGB)
• contain illegal, racist, provocative, violent, pornographic, discriminatory (e.g. regarding gender, age, religion, race, nationality, disability, sexual orientation etc) or similar statements.

5.3. If such rights are violated, the customer releases ideck from any claims by third parties, responsibility, and liability. The customer will handle any claims and costs incurred (representation by a lawyer, court fees, fines etc).

5.4. Ideck is not obligated to render services that clearly lead to a violation of rights. In these cases, ideck reserves the right to refuse the service, withdraw from the contract, and report the offence.

6. Data Security
6.1. Ideck does not guarantee the security of data transferred by the customer. In case of rectification of defects or an additional order, the customer is obligated to send the data to ideck again.

7. Prices
7.1. All prices cited by ideck include value-added tax and packaging and shipping charges.

7.2. The prices charged will be those stated at the time of ordering on ideck.de.

8. Payment Conditions
8.1. Ideck requires advance payment for its deliveries. Payment takes place by means of a transfer of the amount due to the account stated on ideck.de. The order will only be processed after receipt of the payment.

8.2. If a valid coupon code is used for the order, the advance payment will be considered completed and the order will be processed immediately.

8.3. If the advance payment is not completed within 14 days of the conclusion of contract, ideck reserves the right to withdraw from the contract.

9. Contractual Exclusion of Set-Off, Retention of Goods
9.1. The customer may not offset ideck’s payment claims with its own claims, unless the customer’s claims are undisputed or found to be valid.

9.2. The customer may not counter ideck’s payment claims with rights to retention of goods – including from notification of defects – unless they originate from the same contractual relationship.

10. No Right of Withdrawal
10.1. The goods ordered on ideck.de are manufactured according to customer specifications or clearly tailored to the customer’s personal needs. For this reason, there is no right of withdrawal for orders for skateboard decks and other sports equipment with personal inscriptions as per § 312d Para 4 No 1 BGB or on other legal grounds.

11. Delivery Conditions
11.1. The delivery will be made to the delivery address provided by the customer, insured by ideck up to 500.00 Euros per shipment, at the customer’s risk after transfer of the goods to the carrier.

11.2. Delivery takes place within 14 days. Every delivery is subject to the condition that ideck itself is supplied on time. Ideck will inform the customer immediately of any problems with delivery.

11.3. Ideck may make partial deliveries. If an ideck delivery is delayed, this does not entitle the customer to claims for damages, unless ideck acted deliberately or with gross negligence.

11.4. If ideck is not responsible for the delayed delivery due to e.g. force majeure, third party’s actions etc, the delivery period will be extended appropriately. Ideck must immediately inform the customer of this. If the causes of the delay continue for more than four weeks, both parties may withdraw from the contract.

12. Warranty and Liability
12.1. When decks are imprinted, minor deviations in colour, dimensions, format etc, cannot be entirely avoided, even if great care is taken. Such deviations are not defects of quality and do not warrant a notice of defects. If the quality provided matches the technical standard of digital printing, no defect of quality exists. Deviations due to poor quality (disintegration etc) caused by files provided by the customer are not considered defects. No special characteristics of the goods to be delivered are guaranteed without ideck’s explicit agreement.

12.2. If the ordered item displays a defect, ideck must rectify the defect or provide a replacement. If ideck does not fulfil the requirement of supplementary performance within an appropriate period of 14 days or two supplementary performances fail, the customer has the right to withdraw from the contract, reduce the purchase price, and assert claims for damages and compensation for expenses incurred.

12.3. Ideck is only liable for damages if and to the extent that ideck or its legal representatives or assistants acted deliberately or with gross negligence, except for cases of damage to life, body, and health and serious breaches of contract. Claims based on product liability remain unaffected.

12.4. Except in cases of deliberate action or gross negligence on the part of ideck, its legal representatives, or assistants, there is no liability for compensation for preventable damages, in particular for lost earnings; in addition, liability is limited to foreseeable damages at the time of conclusion of contract.

12.5. Ideck will provide access to its Internet platform, ideck.de. The customer is responsible for obtaining the hardware and software to access the ideck.de Internet platform.

12.6. The use and user instructions of the ideck.de Internet platform may be changed at any time. The customer is responsible for remaining up-to-date.

13. Packaging Ordinance
Ideck is currently partnered with a reclamation organisation for packaging waste. It meets the legal requirements of the packaging ordinance.

14. Jurisdiction, Choice of Law
14.1. The exclusive court of jurisdiction for all disputes arising from this contract is Nuremburg if the customer is a merchant, body corporate organised under public law, or special fund under public law. The same applies if the customer does not have a general court of jurisdiction in the country, the customer moves his or her domicile or habitual residence after conclusion of contract, or if the domicile or habitual residence is unknown at the time the claim is asserted. Ideck is additionally authorised to bring an action against the customer at its general court of jurisdiction.

14.2. Only the laws of the Federal Republic of Germany apply to the contract concluded by ideck and any claims originating from it.

15. Changes to the GTC
15.1. Ideck.de reserves the right to change these GTC at any time without stating grounds. These changes will be considered approved if the customer does not object in writing or by e-mail. The customer must state any objections within six weeks after the changes to ideck.de are announced.

15.2. Changes, additions, and total or partial revocation of these conditions and the contract must be in written form to be effective. This also applies to this clause itself.

15.3. Verbal subsidiary agreements – including those before conclusion of contract – have no validity.

16. Severability Clause
16.1. If an individual contractual clause is ineffective, this does not cause the rest of the contract to become ineffective. Any invalid conditions will be replaced by the legally effective conditions that the contracting parties would have agreed upon had they been aware of the legal situation at the time of conclusion of contract, taking into account the intent and purpose of these terms and conditions, in order to bring about the desired economic result. Otherwise, legal conditions apply.