General Terms and Conditions ofDeutsche Post Dialog Solutions GmbHBestseller Mail

1.5- Translation from German 1 Subject matter of the agreement
1.1 These General Terms and Conditions - hereinafterreferred to as GT&C - are an integral part of contracts with
Deutsche Post Dialog Solutions GmbH - hereinafter referred toas DP DS - for services in the Bestseller Mail service area,
hereinafter referred to as Bestseller Mail. This modular service
offering comprises the design/creation, manufacture (printing),and preparation for dispatch of advertising material andresponse processing. More detailed provisions on theindividual services can be found in the Service Specifications
that are specified for each individual agreement.
1.2 DP DS shall provide these services for the Customer inaccordance with the agreements reached individually with theCustomer in compliance with Section 2.1, otherwise further tothe following terms and conditions. Subject to the applicationof imperative statutory regulations, the Customer shall declareconsent to exclusive application of the aforementioned terms
and conditions.
1.3 Transportation and delivery of the advertising material
produced and prepared for dispatch and delivery by DP DS
shall not be the subject matter of these GT&C.
The responsibility of DP DS shall cease with theconsignment/transfer to Deutsche Post AG or another carrier,ready for dispatch.
1.4 For the transportation and delivery of the advertisingmaterial created, the General Terms & Conditions of Deutsche
Post GT&C BRIEF NATIONAL shall apply to addressed
mailings within Germany, and the GT&C of BRIEF
INTERNATIONAL to international mailings. THE GT&C
Postwurf Spezial shall apply to the transportation and deliveryof partially addressed mailings. The General Terms &Conditions applicable at the time of posting shall be decisive inevery case. They may be consulted at the retail outlets andagencies and can also be called up at www.deutschepost.de.
1.5 If additional address or response services are to beprovided for the Customer, separate agreements between theCustomer and the company providing these services shall beconcluded for this purpose. The provider of address services
shall be Deutsche Post Direkt GmbH and the provider of
response services shall be Deutsche Post AG or Deutsche
Post E-POST Solutions GmbH. In this event, the Customer
shall commission and authorize DP DS to also conclude theagreements for further services on its behalf.
1.6 Deviating General Terms and Conditions of the Customer
shall not apply. They shall also not apply even if DP DS has not
expressly objected to them.
2 Placing an order, conclusion of the Agreement andwithdrawal
2.1 The order for services within the scope of the Bestseller
Mail service area shall be binding for the Customer onplacement, but shall not be binding for DP DS until after awritten order confirmation has been issued. To acquire validity,
the order shall be given in written or in text form (e-mail or fax).
Acceptance or rejection of an order shall be at DP DS’sdiscretion. Later changes to services shall require agreementin text form on their scope and on the amount of the applicableremuneration adjustment. Until an agreement is reached, DP
DS shall be entitled to let execution of the complete order rest.
2.2 DP DS is not obliged to check the contents provided to it
for creating the mailing (texts, visuals, graphics, logos, etc.) as
to their legality, in particular in terms of compliance withcriminal and competition law, brand rights, naming rights, andcopyright. With its contractual offer, the Customer shall confirm
that it holds all the required copyrights and other rights in
respect of the use and distribution of the content and is not
violating statutory regulations. It shall demonstrate possessionof these rights by providing appropriate documents anddeclarations to DP DS if required.
2.3 DP DS shall be entitled to withdraw from the agreement
for good cause provided it had no knowledge of this cause at
the time of conclusion of the Agreement. Good cause exists inparticular if the execution of the order should violate statutory
regulations, should be impossible, or if the Customer violates
the duties to cooperate stated in Section 4.
3 Services provided by DP DS
3.1 DP DS shall provide its due services, in compliance withthe terms and conditions of the agreement and the applicablestatutory regulations, with the due diligence of a prudent
businessman. The Bestseller Mail service area comprises
modular services in the area of manufacturing and packaging
shipments or advertising materials. The particular subject
matter of the Bestseller Mail service area is the preparation ofdata, labeling, addressing, mail inserting, and franking ofshipments. The scope of service is generally specified in theindividual agreement.
3.2 Printing and preparations for dispatch shall be performed
by DP DS or by third parties (service providers such asagencies, print shops, and lettershops) depending on the stateof the art of the relevant technology. The Customer shallprovide the required documents (addresses, texts, logos,images, etc.) and information in good time.
3.3 DP DS shall only process material and documents
supplied by the Customer that exceed the contractually agreed
volume if this has been expressly agreed. Any remaining
quantities of shipments already prepared for dispatch shall be
kept for up to two weeks after order processing and thenreturned to the Customer at the Customer’s own expense, orbe destroyed.
4 Customer’s duties to cooperate
4.1 The Customer shall properly fulfill its contractual and legal
obligations to cooperate. In particular, the Customer shallprovide to DP DS, in good time and at the Customer's own
expense, all data, documents, materials, and informationnecessary for its services. The individual requirements are
generally specified in the individual agreement.
4.2 The Customer shall also issue approval for the layout andprinting in good time. The set date for printing and dispatch can
only be complied with if proposed changes and releases areissued by the Customer on time. The Customer may reject thedraft prepared for it on one occasion without extra charge anddemand that a new draft be prepared.
4.3 If the contractually agreed service is delayed by late
performance of duties to cooperate, orders for changes at short
notice or other reasons attributable to the Customer, a newdelivery date shall be specified. The Customer shall bear any(additional) costs arising thereby.
4.4 If the Customer does not provide the data, documents,materials and information required for processing the order,
does not do so in good time, does not do so completely or does
not do so correctly or if an additional service should become
necessary due to circumstances attributable to the Customer,
the Customer shall bear the additional expenses in excess of
the agreed remuneration. If the agreement cannot be fulfilled
by DP DS due to violation by the Customer of the Customer's
duties to cooperate, DP DS shall be entitled to demand agreed
payment minus any expenses not incurred.
5 Data protection
5.1 DP DS shall store and process personal data of theCustomer (name, address, etc.) and personal data of third
parties provided by the Customer (addresses and/or telephone

Last rev.: 17th Sept. 201917.09.2019
 Deutsche Post Dialog Solutions GmbH – Bestseller Mail Area

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General Terms and Conditions ofDeutsche Post Dialog Solutions GmbHBestseller Mail

1.5- Translation from German numbers of recipients) only to the extent that this is required forproviding the service and completing customer orders. If DP
DS uses vicarious agents to perform the service, it shall beentitled to make the data of the service providers
commissioned for this purpose accessible to the requiredextent.
5.2 Any additional use of the Customer’s personal data going
beyond that for providing and completing the order in question
shall take place only if the Customer has expressly consented
to this use. Please find more information concerning data
regulations under: www.deutschepost.de/datenschutz-dpds.
5.3 The Customer, on its part, must ensure that, concerning
any personal data of third parties provided by it (addresses
and/or telephone numbers of recipients), all data protectionrelated declarations of consent and other declarations by therecipients that are required for the contractual performance ofthe service have been obtained and are available.
6 Remuneration and settlement, retention of title
6.1 The statutory value-added tax shall be added to theremuneration quoted, unless otherwise stated for individualservices in exceptional cases.
6.2 DP DS shall be committed to the agreed prices and terms
and conditions only if the Customer provides in good time thedata, documents, materials and information required forprocessing the order. If the Customer provides these late andif this delays processing of the order, DP DS shall reserve theright to apply the prices and terms and conditions valid at thetime of submission of the documents. The Customer shall bear
the cost of late submission.
6.3 DP DS shall issue a correct invoice to the Customer after
execution of the order. The invoiced amount shall be due forpayment immediately, providing no agreement to the contrary
has been made in text form.

respect. Legal costs incurred by DP DS in defense against
claims by third parties shall be reimbursed by the Customer.
8.2 The Customer shall have no right to claim damages onwhatever legal grounds or to make claims for compensation ofwasted expenses unless the claim is based on grossly
negligent or willful breach of contractual obligations or at least
negligent breach of obligations that are essential to theagreement (cardinal obligations); cardinal obligations areobligations which are a prerequisite for the proper performanceof the agreement and with which the Customer may generally
assume compliance, and/or obligations which if violated would
jeopardize the achievement of the purpose of the agreement;in the latter instance, liability shall be limited to that amount ofloss or damage which would reasonably be anticipated in a
typical case.
8.3 The foregoing limitation on liability shall not apply in thecase of injury to life, limb, or health, in case of liability under theGerman Product Liability Act (Produkthaftungsgesetz), orwhere DP DS has exceptionally granted a guarantee.
9 Other provisions
9.1 DP DS shall inform the Customer in writing of any
changes to these GT&C or to the remuneration. If theCustomer does not submit to DP DS a written objection within
4°weeks of receipt, these changes shall be deemed to havebeen accepted.
9.2 The place of performance and sole place of jurisdiction
for disputes arising from or in connection with the services
which are the subject matter of these GT&C shall be Bonn,
Germany, as far as is legally permissible. German law shallapply.

6.4 Mailings or advertising material submitted shall remain
the property of DP DS until payment of the agreed
remuneration in full.
7 Warranty claims
7.1 If the services to be provided by DP DS exhibit flaws, DP
DS shall initially be obliged to provide supplementaryperformance.
7.2 If supplementary performance should fail, the Customer
shall be entitled to withdraw from the agreement or to reduce
the remuneration. Damages can only be claimed under theprerequisites detailed in Section 8.
7.3 Complaints due to obvious defects shall be lodged inwriting to DP DS within ten days of fulfillment of thecontractually agreed duties of service. The complaint must
include accurate order details and a description of thecircumstances which gave rise to the complaint. Violation ofthe obligation to report defects shall lead to exclusion of thewarranty. Section 438 of the German Commercial Code
(Handelsgesetzbuch, HGB) shall remain unaffected.
8 Liability/indemnification from liability
8.1 The Customer shall assume sole and unrestricted
responsibility and liability for compliance with the Customer'sobligations. The Customer is itself responsible for the type andcontent of the shipment, in particular. The Customer shallindemnify DP DS at first request against all claims by thirdparties (competitors, recipients, public authorities, etc.) in thisLast rev.: 17th Sept. 201917.09.2019
 Deutsche Post Dialog Solutions GmbH – Bestseller Mail Area

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