AGB

General Terms and Conditions of Processing and Delivery (GTCD) of Palamo GmbH for business transactions concluded via the online stores "palamo.com" or "palamo.de"

§ 1 Scope of application

For all business transactions between Palamo GmbH (hereinafter referred to as Palamo) and the purchaser, client or customer, hereinafter referred to as the client, via the online stores "palamo.com" and "palamo.de" operated by Palamo, these GTC shall apply exclusively in addition to any other expressly agreed special contractual agreements.
Palamo does not recognize any deviating or supplementary terms and conditions - even in the case of unconditional provision of services or acceptance of payment - unless Palamo expressly agrees to their validity in writing.
These GTC shall only apply to business transactions with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB); they shall also apply to all future business relationships without renewed inclusion until new GTC are issued by Palamo.
All agreements made between Palamo and the customer in the course of contract negotiations must be recorded in writing and confirmed by both parties for reasons of proof.
Subsidiary agreements, subsequent amendments to the contract and the assumption of a guarantee, in particular the assurance of characteristics, or the assumption of a procurement risk must be made in writing if they were issued by persons not authorized to represent the company.

§ 2 Consulting

Palamo only advises the client on express request. The omission of statements in particular does not constitute advice.
Palamo's advice extends exclusively to the quality of its own products, but not to their use by the customer or its other customers; any advice given on the customer's application is non-binding.
Palamo's advice is product- and service-related and extends exclusively to the products and services provided by Palamo.
It does not extend to advice that is independent of the contract, i.e. statements that are made without services being provided by Palamo.
Palamo's consulting services are based exclusively on empirical values from its own company and include the state of the art in science and technology only without obligation.
The client is responsible for checking and ensuring the suitability and compatibility of the products for the intended use; this applies in particular to rubberized, self-adhesive and non-self-adhesive products with regard to their suitability and compatibility with the substrate materials intended for application.

§ 3 Conclusion of contract

In order to be able to place orders with Palamo, the customer first needs a customer account with which the customer can log in to the online store. Setting up a customer account is free of charge for the customer and does not constitute a binding order.
By using the online store and placing an order accordingly, the customer confirms that he is acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
By clicking on the "Pay now" button after entering all the necessary details, the customer places a binding order for the calculated goods. The order placed by the customer constitutes an offer to Palamo to conclude a purchase contract.
After placing the order, the customer will receive an e-mail from Palamo to the e-mail address provided by the customer during the ordering process, confirming receipt of the order by Palamo and listing the details of the order (confirmation of receipt). The confirmation of receipt merely informs the customer that the order has been received by Palamo and does not constitute acceptance of the offer made via the order.
The contract is only concluded when Palamo sends an order confirmation by e-mail. The sending of the ordered goods is also deemed to be an order confirmation.
Palamo is not obliged to accept the customer's order.
Missing, incorrect or incomplete information shall be deemed expressly not to have been agreed and shall not give rise to any obligations on the part of Palamo, neither in terms of performance and warranty obligations nor in terms of obligations to pay compensation. The data provided by the customer as part of his order will not be checked by Palamo; the customer bears sole responsibility for the accuracy of the data provided. This does not apply to data that is obviously unprocessable or unreadable or if a data check has been expressly agreed for a fee.
If the customer withdraws a binding order that has been placed, Palamo may charge 10% of the delivery or service price for the costs incurred in processing the order, without prejudice to the possibility of claiming higher actual damages. The customer reserves the right to provide evidence of lower damages.
By logging into his customer account, the customer can track the progress of his orders. The order text is saved at Palamo and can be retrieved, printed out or saved on the customer's local computer at any time.
The client can delete a created customer account at any time by sending an e-mail with his customer data to "hello@palamo.com"

§ 4 Proof

The client has the option of requesting a proof for a fee. If the client does not decide to approve the proof for printing after it has been submitted, the cost of producing the proof shall be invoiced. If the client decides to approve the proof for printing, the cost of producing the proof is included in the invoice amount for the order.

§ 5 Amendments to the contract

If the client wishes to make changes to the object of delivery or service after conclusion of the contract, this requires a separate contractual agreement.
Subsequent changes at the instigation of the client, including the resulting machine downtime, will be charged to the client.
Palamo reserves the right to make appropriate changes to the delivery item or service if information is missing or incorrect.
We reserve the right to make technical changes to the object of delivery or service which do not jeopardize the contractual objective, in particular with regard to material and design.

§ 6 Delivery time

If a delivery or performance period has been agreed, this shall commence with the dispatch of the order confirmation, but not before complete clarification of all details of the order and the proper fulfillment of all obligations to cooperate by the client; the same shall apply accordingly to delivery or performance dates.
In the event of mutually agreed changes to the subject matter of the order, delivery or performance deadlines and delivery or performance dates shall be agreed anew.
This shall also apply if the subject matter of the order has been renegotiated after conclusion of the contract without a change to the subject matter of the order having been made.
Delivery or performance deadlines and delivery or performance dates are subject to the proviso of defect-free and timely advance delivery as well as unforeseeable production disruptions.
Delivery and performance deadlines are automatically extended by the period in which the customer fails to meet its obligations to Palamo. In particular, the delivery and performance deadlines are suspended for the period during which the customer is checking the proofs, corrections, proofs, samples etc. from the time of dispatch to the customer until final approval. This also applies accordingly to delivery and performance deadlines.
The delivery or service period shall be deemed to have been met if the delivery or service item has left Palamo's works or Palamo has given notice of completion for collection or readiness for dispatch by the time it expires.
Palamo is entitled to provide the agreed delivery or service before the agreed time.
Partial deliveries or services are permissible - insofar as reasonable for the client - and can be invoiced separately.

§ 7 Acceptance contract

If the customer does not accept the goods on the agreed delivery date or expiry of the agreed delivery period due to circumstances for which he is responsible, Palamo may demand compensation for the additional expenses incurred as a result.
If the delivery or service is delayed by the customer, Palamo may charge storage costs of 0.5% for each month or part thereof, up to a maximum of 5% of the delivery or service price. The contracting parties are at liberty to prove higher or lower storage costs.
Palamo is authorized to determine a suitable storage location at the expense and risk of the customer and to insure the goods or services.
Products to which the customer is entitled, in particular data and data carriers, will only be archived by Palamo beyond the time of delivery of the goods if this has been expressly agreed and against special remuneration.
If Palamo is entitled to demand compensation due to the customer's default of acceptance, Palamo may, without prejudice to the possibility of claiming higher actual damages, demand 15% of the price as compensation unless the customer can prove that no damages were incurred or that the damages were significantly lower than the lump sum.

§ 8 Impediments to delivery and performance

In cases of force majeure, Palamo shall be released from the corresponding obligation to fulfill the contractual obligations and from any liability for damages or any other contractual remedy for breach of contract in this connection from the time at which the impediment makes it impossible for Palamo to deliver or provide the service, provided that the customer is notified of this without delay. If the notification is not made immediately, the release shall take effect from the time at which the notification is received by the client. Palamo must immediately reimburse the customer for services already rendered.
"Force majeure" means the occurrence of an event or circumstance which prevents Palamo from fulfilling one or more of Palamo's contractual obligations under the contract if and insofar as Palamo proves that: (a) this impediment is beyond Palamo's reasonable control; and (b) it was not reasonably foreseeable at the time the contract was concluded; and (c) the effects of the impediment could not reasonably have been avoided or overcome by Palamo.
In the absence of proof to the contrary, the following events are presumed to be force majeure:
(i) war (declared or undeclared), hostilities, aggression, acts of foreign enemies, large-scale military mobilization;
(ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;
(iii) currency and trade restrictions, embargo, sanctions;
(iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization;
(v) plague, epidemic, natural disaster or extreme natural event;
(vi) explosion, fire, destruction of equipment, prolonged breakdown of transportation, telecommunications, information systems or energy;
(vii) general labor unrest such as boycott, strike and lockout, go-slow, occupation of factories and buildings.
If the effect of the asserted obstacle or event is temporary, the consequences set out in clause 1 shall only apply for as long as the asserted obstacle prevents Palamo from fulfilling the contract.
If the duration of the impediment asserted results in the contracting parties being significantly deprived of what they could legitimately expect under the contract, both contracting parties shall have the right to terminate the contract by notifying the other contracting party within a reasonable period of time. Unless otherwise agreed, the contracting parties expressly agree that the contract may be terminated by either contracting party if the duration of the impediment exceeds 60 days.
Palamo is also entitled to withdraw from the contract if Palamo, through no fault of its own, is not supplied by one of its own suppliers despite its contractual obligation and is therefore unable to meet its own delivery or service obligations to the customer. In this case, Palamo shall inform the customer immediately of the non-availability of the goods or services and reimburse the customer for any services rendered without delay.
Palamo is also entitled to the rights listed in § 8 if Palamo was already in default when these circumstances occurred.

§ 9 Payment

Unless otherwise agreed, the agreed prices are in euros in accordance with the EXW (ex works) clause of INCOTERMS 2020 plus VAT, customs, freight, packaging and transport insurance costs and other shipping costs.
Palamo shall only insure the goods to be shipped at the express written request and expense of the customer.
Delivery will be made at the shipping costs indicated during the ordering process.
Unless otherwise agreed in individual cases, the client may pay the agreed price in advance, via PayPal or cash on delivery. Customers based outside the Federal Republic of Germany are only permitted to pay by PayPal. Palamo also expressly reserves the right to make deliveries only after prior payment by the customer, in particular to safeguard against credit risk.
Palamo is entitled to change the agreed price appropriately if changes in costs occur after conclusion of the contract, in particular due to collective agreements, changes in material or energy prices. The change in costs will be proven to the customer on request.
Palamo is entitled to change the agreed price appropriately if changes occur before or during the execution of the order because the information or documents provided by the customer were incorrect or the customer otherwise requests changes.
Any sketches, drafts, test typesetting, test prints, initial sample parts, proofs, changes to supplied or transferred data and similar preparatory work initiated by the customer, as well as data transfers, shall be charged to the customer separately. The prices incurred for this shall be communicated to the customer during the order process before the binding order is placed.
Palamo is entitled to demand an appropriate advance payment upon conclusion of the contract. Interest will not be charged for this.
Unless otherwise agreed, invoices are due net within 30 days of the invoice date. They are to be paid without deductions. In the event of non-payment, the client shall be in default on the due date without further reminder.
Discounts and rebates shall only be granted by separate agreement. Partial payments require a separate written agreement.
If Palamo has several outstanding claims against the customer and if payments by the customer are not made on a specific claim, Palamo is entitled to determine which of the outstanding claims the payment was made on.
In the event of late payment, deferral or partial payment, Palamo is entitled to charge interest on arrears at a rate of 9 percentage points p.a. above the respective prime rate and to withhold further services until all due invoices have been settled. Palamo reserves the right to provide evidence of higher damages.
By placing the order, the customer confirms his ability to pay or his creditworthiness.
If there are reasonable doubts about the customer's solvency or creditworthiness, Palamo is entitled to demand payment in advance or suitable security for the service to be provided by the customer.
If the customer is not prepared to make advance payment or provide security, Palamo is entitled to withdraw from these contracts after a reasonable period of grace and to demand compensation for non-performance.
Payment terms granted shall lapse and outstanding receivables shall become due for payment immediately if an application is made to open insolvency proceedings against the client's assets or if the client has provided inaccurate information about its creditworthiness or in the event of other justified doubts about the client's solvency or creditworthiness.
The customer is only entitled to offset claims against Palamo's claims if the counterclaim is undisputed or has been legally established.
The assignment of claims against Palamo requires Palamo's consent.
The customer shall only have a right of retention if the counterclaim is based on the same contractual relationship and is undisputed or has been legally established, or if Palamo is in material breach of its obligations arising from the same contractual relationship despite a written warning and has not offered adequate security.
If a service provided by Palamo is indisputably defective, the customer is only entitled to withhold payment to the extent that the amount withheld is in reasonable proportion to the defects and the anticipated costs of remedying the defects.
The payment deadlines remain valid even if delays in delivery occur through no fault of Palamo.
In the case of initial orders, Palamo is entitled to charge reasonable and customary one-off programming and set-up costs in addition to the contractually agreed prices for the delivery item.
Insofar as VAT is not included in Palamo's invoice, in particular because Palamo assumes an "intra-Community delivery" within the meaning of § 4 No. 1 b in conjunction with § 6 a UStG on the basis of the information provided by the customer and Palamo is subsequently charged with a VAT payment (§ 6 a IV UStG). In particular, because Palamo assumes an "intra-Community supply" within the meaning of § 4 No. 1 b in conjunction with § 6 a UStG on the basis of the information provided by the customer and Palamo is subsequently charged with a VAT payment (§ 6 a IV UStG), the customer is obliged to pay the amount charged to Palamo. This obligation exists irrespective of whether Palamo must subsequently pay VAT, import VAT or comparable taxes in Germany or abroad.

§ 10 Fulfillment services

The place of performance for the services ordered is Palamo's factory. Unless otherwise agreed in writing, Palamo shall arrange for the goods to be shipped to the destination specified by the customer.
The place of performance for payments to be made to Palamo arising from the business relationship is Palamo's registered office.
The client is obliged to accept the goods.
The risk of any errors in the goods shall be transferred to the client with the declaration of readiness for printing, unless the errors occurred or could only be detected during production following the declaration of readiness for printing.
The risk of destruction, loss or damage to the goods shall pass to the client upon notification of completion of the goods. If shipping has been agreed, the corresponding risk shall be transferred to the client when the goods are dispatched or handed over to the commissioned transport company.
Unless expressly agreed otherwise, transport documents and accompanying documents shall be prepared with reference to Palamo.
Unless otherwise agreed, Palamo shall determine the type and scope of packaging. Disposable packaging shall be disposed of by the customer.
If the goods are shipped in returnable packaging, this must be returned carriage paid within 30 days of receipt of the delivery. The client shall be responsible for any loss of or damage to the returnable packaging.
Returnable packaging may not be used for other purposes or to hold other items. They are intended solely for the transportation of the delivered goods. Labels may not be removed.
If the goods are damaged or lost in transit, an inventory must be made immediately and Palamo must be notified. Claims arising from any transport damage must be made immediately to the carrier by the customer.

§ 11 Obligation to inspect and give notice of defects

All claims of the client due to defective deliveries or services presuppose that the client has fulfilled its obligations to inspect and give notice of defects.
The customer is obliged to inspect the goods for defects and damage, in particular also preliminary and intermediate products sent for correction, in accordance with § 377 HGB (German Commercial Code) immediately after delivery and to notify Palamo of any defects and damage detected in the process as well as any defects and damage detected later immediately after their discovery and to provide Palamo with a reference sample from the delivery concerned. The provisions of § 377 HGB apply accordingly to services and work. Notification of defects must be made in writing.
The use of defective deliveries or services is not permitted. If a defect could not be discovered upon receipt of the goods or provision of the service, any further use of the delivery item or service must be discontinued immediately upon discovery. The burden of proof that a hidden defect exists shall be borne by the client.
The customer shall hand over the goods complained about to Palamo and allow Palamo the time required to inspect the defect complained about. In the event of unjustified complaints, Palamo reserves the right to charge the customer for the inspection costs incurred.
The notification of defects shall not release the client from its payment obligations.
Defects in part of the delivered goods do not entitle the client to complain about the entire delivery, unless the partial delivery is of no interest to the client.
Deviations in the dimensions of the delivery or service to be provided by Palamo cannot be objected to if these deviations can be qualified as customary in the industry or trade.
In the case of reproductions in all production processes, minor deviations from the original cannot be objected to. The same applies to comparisons between other originals (e.g. proofs, press proofs) and the end product. Corresponding minor or customary deviations do not constitute a defect in the goods or services supplied by Palamo.

§ 12 Warranty

If subjective requirements have been agreed between Palamo and the customer for the delivery items and services, e.g. through specifications to be complied with, a material defect within the meaning of § 434 BGB only exists if the delivery items and services do not comply with these subjective requirements. Any deviating objective requirements within the meaning of Section 434 (3) BGB are irrelevant in this respect.
Declarations of conformity, quality agreements or specifications issued by Palamo do not constitute guarantees and do not establish liability regardless of fault. In particular, they do not release the customer from his obligation to check the suitability of the goods for the respective packaged goods before processing - also by carrying out appropriate analyses.
If there is a defect in the goods or services supplied by Palamo, Palamo is entitled, at its own discretion, to remedy the defect, supply a replacement or issue a credit note.
The rectification of defects can also be carried out by the customer after consultation with Palamo.
Claims by the client for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods were subsequently moved to a location other than the client's branch office.
Excess or short deliveries of up to 10% of the ordered quantity cannot be objected to. The quantity delivered shall be invoiced. For deliveries of custom-made paper products under 1,000 kg, the percentage increases to 20 %, under 2,000 kg to 15 %.
Unless expressly agreed otherwise in writing, Palamo provides no warranty for the reaction of an adhesive coating on special substrates.
The warranty for defects that do not or only insignificantly impair the value or usability is excluded.

§ 13 Defects of title

Orders based on drawings, sketches or other information provided to Palamo are executed at the customer's risk. If Palamo infringes third-party industrial property rights as a result of the execution of such orders, the customer shall indemnify Palamo against claims by these rights holders. Any further damages shall be borne by the customer.
Palamo's liability for any infringements of property rights in connection with the combination or use of the goods or services with other products is excluded, unless Palamo is responsible for the infringement of property rights. Claims for damages are governed exclusively by § 15.
In the event of defects of title, Palamo is entitled, at its discretion, to procure the necessary licenses for the infringed property rights or to rectify the defects in the delivery item or service by providing a modified delivery item or service to an extent that is reasonable for the customer.
Palamo is not aware of the actual place of use or application of Palamo's services. The customer is therefore obliged to check for himself whether there are any infringements of industrial property rights or other infringements of rights at the place of delivery or use as a result of the delivery or application of Palamo's services and whether Palamo's services can otherwise be used at the place of use. Palamo's liability for the infringement of third-party industrial property rights only extends to those industrial property rights which are registered and published in Germany, unless Palamo is responsible for an infringement of industrial property rights which goes beyond this. Claims for damages are governed exclusively by § 14.
The transfer or granting of industrial property rights and copyrights, in particular of existing industrial property rights of Palamo to the customer, is not part of the delivery or service to be provided by Palamo. The type and scope of the rights of use or industrial property rights to be granted remain subject to a separate contractual agreement.
The operating items used by Palamo to execute the order, in particular data, films, lithographs, tools and print media, shall remain the property of Palamo even if invoiced separately and shall not be delivered; Palamo shall be entitled to any copyrights.
All ideas and documents designed by Palamo, in particular samples, dummies, sketches, drafts, technical information, lithographs, test prints, etc., are subject to the protection of Palamo's intellectual property rights and may not be used or exploited in any form without Palamo's consent, unless these products have been manufactured exclusively in accordance with the customer's specifications and instructions.
If Palamo manufactures on behalf of the customer according to drawings, models, samples or other technical documents provided by the customer or according to process requirements specified by the customer, the customer shall assume responsibility for ensuring that the industrial property rights of third parties are not infringed. If third parties prohibit Palamo from manufacturing and supplying such products with reference to existing industrial property rights, Palamo is entitled, without being obliged to check the legal situation, to cease all further activity to the extent concerned and to demand compensation from the customer.
By handing over such drawings, documents and the like, as well as the desired process results and the specified formulas and underlying material applications etc., the customer shall indemnify Palamo against all third-party claims arising in this connection.

§ 14 Liability

If Palamo, its legal representatives, employees or vicarious agents intentionally or grossly negligently breach an obligation, in particular from the contractual relationship or intentionally or grossly negligently commit a tortious act, Palamo shall be liable for the resulting damage to the customer in accordance with the statutory provisions.
If Palamo, its legal representatives, employees or vicarious agents merely breach an obligation through simple negligence, claims for damages by the customer against Palamo, regardless of their nature and legal basis, in particular for breach of obligations arising from the contractual relationship or from tort, are excluded. This does not apply in the case of a simple negligent breach of an essential contractual obligation. In this case, Palamo's liability is limited to the foreseeable damage typical of the contract. An essential contractual obligation in this sense is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely.
The above exclusion or limitation of liability shall not apply in the event of culpable injury to life, limb or health, nor in the event of fraudulent concealment of a defect, nor if a guarantee of quality has not been fulfilled, nor in the event of liability under the Product Liability Act.
The statutory rules on the burden of proof remain unaffected by the above provisions.
The customer's rights of recourse against Palamo shall only exist to the extent that the customer has not reached an agreement with his customer that goes beyond the statutory claims for defects and damages.
Palamo's liability is excluded if the customer has effectively limited its liability towards its customer.
Unless otherwise agreed in these GTC, the customer shall be liable to Palamo at least to the extent of statutory liability. Limitations or exclusions of liability on the part of the customer which restrict its statutory liability are excluded.

§ 15 Statute of limitations

The limitation period for claims and rights due to defects in Palamo's products, services and work is 1 year. The start of the limitation period is based on the statutory provisions. In the cases of §§ 438 Para. 1 No. 2, 438 Para. 3, 634 a Para. 1 No. 2, 634 a Para. 3 BGB, the limitation period stipulated therein shall apply. If Palamo is liable for damages in accordance with § 14, the warranty period with regard to the claim for damages shall be governed by the statutory provisions.
Subsequent performance measures shall not suspend the limitation period applicable to the original performance, nor shall they restart the limitation period. § Section 212 BGB remains unaffected.

§ Section 16 Acquisition of ownership

Palamo retains ownership of all contractual items until all claims due to Palamo from the business relationship with the customer have been settled in full.
Palamo reserves all property rights and copyrights to the illustrations, drawings, calculations and other (technical) documents provided.
If Palamo's property is processed, combined or mixed with third-party property, Palamo shall acquire ownership of the new item in accordance with § 947 BGB.
If processing, combining or mixing takes place in such a way that the third-party service is to be regarded as the main item, Palamo shall acquire ownership in the ratio of the value of the Palamo service to the third-party service at the time of processing, combining or mixing.
If Palamo acquires ownership of an item through its performance, Palamo shall retain ownership of this item until all existing claims arising from the business relationship with the customer have been settled.
The client is obliged to store the reserved goods carefully and, if necessary, to carry out maintenance and repair work in good time at his own expense. The customer must insure the reserved goods against loss and damage at his own expense. Any security claims arising in the event of damage must be assigned to Palamo.
The customer is entitled to resell the item which is (co-)owned by Palamo in the ordinary course of business as long as he meets his obligations arising from the business relationship with Palamo. In this case, the claim arising from the sale shall be deemed assigned to Palamo in the ratio of the value of the Palamo service secured by the retention of title to the total value of the goods sold. The customer remains entitled to collect this claim even after the assignment. Palamo's authority to collect this claim itself remains unaffected.
The customer's right to dispose of the goods subject to Palamo's retention of title and to collect the claims assigned to Palamo shall expire as soon as he no longer meets his payment obligations and/or an application is made to open insolvency proceedings. In the above-mentioned cases and in the event of any other breach of contract by the customer, Palamo is entitled to take back the goods delivered subject to retention of title without issuing a reminder.
The customer shall inform Palamo immediately if there are any risks to its reserved property, in particular in the event of insolvency, inability to pay and enforcement measures. At the request of Palamo, the customer must provide all necessary information about the inventory of the goods (co-)owned by Palamo and about the claims assigned to Palamo and must inform his customers of the assignment. The customer shall support Palamo in all measures necessary to protect Palamo's (co-)ownership and shall bear the resulting costs.
Palamo is entitled to a right of lien on the customer's goods which have come into Palamo's possession as a result of the contract for all claims arising from the contract. The right of lien can also be asserted for claims arising from earlier deliveries or services, insofar as these are connected with the object of delivery or service.
The right of lien applies to other claims arising from the business relationship insofar as these are undisputed or have been legally established. The §§ 1204 ff. BGB and § 50 para. 1 of the Insolvency Code shall apply accordingly.
If the realizable value of the securities exceeds Palamo's claims by more than 10%, Palamo shall release securities of its own choice at the customer's request.

§ 17 Proofs and press proofs

Proofs and press proofs must be checked by the customer for typesetting and other errors and returned to Palamo with a declaration of readiness for printing. Changes made by telephone must be confirmed in writing.
For errors that the client overlooks in the course of checking the proofs and press proofs, the client shall not be entitled to make a subsequent complaint, unless the errors were not recognizable.
The client is responsible for errors in the copy templates provided.

§ 18 Secrecy

The Client undertakes to treat all aspects of the business relationship worthy of protection as confidential. In particular, it shall treat as business secrets all commercial and technical details which are not in the public domain and which become known to it through the business relationship. Information or aspects of the business relationship that were already publicly known at the time of disclosure as well as such information or aspects of the business relationship that were demonstrably already known to one contracting party prior to disclosure by the other contracting party shall not be subject to the confidentiality obligation.
The customer shall ensure that its employees also protect Palamo's legitimate confidentiality interests.
Reproduction of the documents provided to the client is only permitted within the scope of operational requirements and copyright regulations.
All documents may not be made accessible to third parties in whole or in part or used for purposes other than those for which they were provided to the customer without the written consent of Palamo.
Procedures which Palamo has handed over or made known to the customer, in whatever form, may only be used for the purpose intended or specified in the contract; disclosure to third parties is not permitted without the express consent of Palamo.
The business relationship with Palamo may only be disclosed, even partially, to third parties with the prior written consent of Palamo; the customer shall also oblige third parties to maintain confidentiality within the framework of a similar agreement. The customer may only advertise the business relationship with Palamo with Palamo's prior written consent.
The client is obliged to maintain confidentiality even after the end of the business relationship.
The client undertakes not to use the information received from Palamo and subject to confidentiality requirements to conduct business directly or indirectly with Palamo's customers or to advertise such business.

§ 19 Labeling

Palamo is entitled to make appropriate reference to Palamo on the goods and services provided that the customer has given his consent. The customer may only refuse his consent in this respect if he has a legitimate interest.

§ Section 20 Applicable law

The exclusive local place of jurisdiction is Palamo's registered office. Palamo is entitled to sue the customer before any other court having jurisdiction according to the law.
The law of the Federal Republic of Germany shall apply exclusively to the business relationship with the client. The applicability of the CISG - "Vienna Sales Convention" and international private law are excluded.
Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid clause with another clause that comes closest to the economic purpose and legal meaning of the original wording.
The contract language is German.

§ 21 Contact details

Palamo GmbH

Möllner Street 15

22969 Witzhave

Phone: +49 (0) 322 152 104 00

E-mail: hello@palamo.com

http://www.palamo.com

Managing Director:

Stefan Harder

Local Court Lübeck

Commercial register no.: HRB 20759

VAT ID No.: DE337882659