General Terms and Conditions

GENERAL TERMS AND CONDITIONS of X-CITE Werbesysteme GmbH, Division X-CITE Werbezentrum - Advertising Agency | Fair Construction (X-CITE)


Our offer is aimed at companies, trade and public institutions. An order is subject to the statutory provisions of a commercial purchase or a service contract or a copyright agreement. The following conditions apply exclusively to all our deliveries and services. Amendments to these conditions must be in written form. They shall also apply if the client refers to his own business conditions particularly when placing the order unless they have been expressly approved.


X-CITE offers the following services according to the requirements of the client:

    Consultancy, design and implementation in the field of online and offline marketing.
    Delivery of advertising systems and advertising technology.


All our offers are non-binding. The contract is deemed to be concluded when we have sent a written confirmation for an order. Tender prices are net prices and are subject to statutory value-added tax.

If the customer withdraws from a contract for reasons for which he is responsible, we will charge an amount of 25% of the value of the goods for neutral goods or service which has not yet commenced. This is without prejudice to proof and assertion of higher actual costs or higher damages. We always charge 100% of the order sum for goods which have been printed, engraved, embroidered or altered in any way on behalf of the customer or manufactured individually for them, as well as for services already started or for information already provided. The purchaser reserves the right to prove a lesser damage.

4. Copyright and terms of use

All copyrights to the service remain with X-CITE.

Every creative order placed with X-CITE is a copyright agreement, which is directed to the granting of the legal rights of use to its services. The provisions of §§ 2 and 31 of the German Copyright Act (UrhG) apply in conjunction with the employment contract provisions of the German Civil Code (BGB). The copyright law applies to the designs of X-CITE as a personal intellectual creation. The provisions of the German Copyright Act also apply if the level of creativity required pursuant to § 2 UrhG is not reached or if the necessary protection requirements should not be met in individual cases. In this way, X-CITE is in particular subject to the copyright claims of § 97ff. UrhG too.

Only for purchased designs X-CITE transfers the agreed legal rights of use to the client. Proposed designs may not be used or passed on by the purchaser and remain the property of X-CITE.

Any imitation, even of parts or details, is prohibited. A violation of this provision entitles X-CITE to demand a contractual penalty equal to twice the agreed remuneration. If such compensation has not been agreed, customary remuneration is deemed to be agreed. The legal rights of use shall be transferred to the customer only after the full payment of the renumeration has been made.

The customer is solely responsible for the examination of the right to reproduce all documents supplied by the customer. Should he not be entitled to the duplication contrary to his affirmation, the customer releases the designer from all substitute claims by third parties. X-CITE accepts no liability for third party templates, which are not requested by the client within four weeks after completion of the order.

5. payment terms

Payments by the customer for services rendered by the company X-CITE are always due with invoicing. The payment has been made if the invoice amount is received without deductions on the account of the company X-CITE. If no payment is made within 10 days after the due date, default interest of 2% above the respective reference rate of the European Central Bank accrues. Additional claims for damages are reserved.

6. reservation of proPRIETARY RIGHTS

Delivered goods and services shall remain our property until full payment of all claims, including any interest.

7. delivery of goods

Deliveries are made at the risk and expense of the recipient. The deliveries are insured according to the respective freight insurance and conditions of the transport company. We accept no liability for delays in transport. Liability for indirect damage or consequential damage is excluded.

The production times given on the website, in the offer and in the order confirmation are only approximate and non-binding.

Express production 48h and express production 24h are preferred productions within 48 or 24 hours. They do not constitute fixed dates and are not binding. The production time begins when the customer submits the information and documents required for production to X-CITE and makes the prepayment. In case of a faulty production timeout by X-CITE, the express surcharge will be credited to the customer again.

Fixed dates must be agreed upon in writing and confirmed by X-CITE as a fixed date or binding date. Fixed dates are subject to charges. The obligation to observe a fixed date expires if the client does not deliver the necessary information and documents to X-CITE within the agreed deadline. If there is no agreement on a deadline for the delivery of the necessary information and documents required for the production, X-CITE is exempted from the obligation to observe the fixed date, provided that the customer does not prove that he has sent them to X-CITE on time. This also applies if the customer does not make an agreed advance payment within the agreed period of time. In case of a missed deadline of a fixed date caused by X-CITE, the customer is entitled to cancel the contract free of charge. Up to the date of the written notification of the withdrawal, the deliveries and services already delivered and accepted by the customer may be charged by X-CITE. Liability for indirect damage or consequential damage is excluded.

Visible transport damage must be depreciated immediately upon delivery on the consignment note of the freight service provider and the associated packaging must be kept. We shall also be notified in writing without delay, but at the latest within 3 days after receipt of goods.

8. warranty in the event of delivery

In the event of a warranty claim, the buyer's rights are limited to rectification or to a free replacement delivery against the return of the complained delivery. Only in the event of a defect of the repair or replacement delivery is the buyer entitled to reduce or withdraw from the contract according to his choice. Warranty claims shall not exist if the purchaser has made or caused changes or repair claims without our prior consent. Warranty claims are only due to the immediate buyer and are not assignable.

We reserve the right to alter any customary or technically conditioned deviations of pattern, color, texture, etc.. In particular, printing inks may deviate from the specification because of the various printing methods. Technical data are based exclusively on manufacturer's data. Changes in design or shape which are attributable to the improvement of the technology or to the demands of the legislature are reserved during the delivery period provided the delivery item is not significantly modified and the changes are reasonable for the buyer.

Minor deviations of the handcrafted parts of the products, especially in the case of sewing, gluing, attaching and packaging of graphics and printing materials, are not considered as defects and do not result in any warranty claims.

9. contractuaL RIGHT TO WITHDRAW

We are entitled to withdraw from the contract if the economic situation of the client deteriorate significantly after the conclusion of the contract or if it emerges after the conclusion of the contract that the client is unable to pay.

10. Copyright

We reserve all rights to our printed or electronic publications or manufactured advertising articles, as well as to created concepts and proposals. The customer shall indemnify X-CITE from and against third-party claims for infringement of rights or infringement of competition law. The client automatically agrees to the use of manufactured samples and products for the purpose of proof of references to third parties by X-CITE. The material can be used indefinitely. X-CITE is entitled to apply a manufacturer's reference at a suitable place of the product.

11. disclaimer of liability

X-CITE is not liable for the fulfillment of the requirements and the suitability of the products for the intended purpose of the customer. X-CITE is not liable for damages caused by the use of the products. In the case of gross negligence or intent, X-CITE shall not be liable beyond the value of the goods delivered by X-CITE in connection with the loss. Moreover, liability is excluded. In particular, X-CITE's liability for delays in delivery due to force majeure or other reasons outside the sphere of influence of X-CITE is also excluded for fixed dates. The previous provisions also apply to acts of our vicarious agents.

X-CITE shall not assume any liability or guarantee for any orders placed with third parties in the name and on the account of the customer, as far as X-CITE bears no fault of selection. In these cases, X-CITE merely acts as an intermediary.

If we are subcontractors ourselves, we herewith assign all warranty claims, claims for damages and other claims arising from faulty, delayed or non delivery to the customer. The customer undertakes to attempt to enforce the assigned claims before making any claim against X-CITE.

The customer indemnifies X-CITE from all claims that third parties make against X-CITE due to a behavior for which the customer bears the responsibility or liability according to the contract. He shall bear the costs of any prosecution.

With the release of designs and elaborations by the customer, he is responsible for the technical and functional correctness of text, image and design. No liability arises for X-CITE.

For the legal admissibility and registrability of the work in relation to competition law and branding legislation as well as for the novelity of the product is X-CITE not liable.

12. general regulations

German law shall apply to all claims resulting from the business relationship with the company X-CITE. The court of jurisdiction is Frankfurt am Main. Should any regulation of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected. In place of the ineffective provision or an in order to fill a gap, an appropriate regulation is to be used which comes closest to what the contracting parties would have wanted if they had considered this point.


In accordance with Article 26 § 1 of the Federal Data Protection Act, the customer is hereby informed that the company X-CITE stores and processes the complete address and all information necessary for invoicing and business operations in machine-readable form. The data are passed on to third parties in the context of the activity of the company X-CITE according to § 1.