Terms and Conditions
1 SCOPE, DEFINITIONS
(1) For the business relationship between the supplier Werbeartikel Factory, ARENASTICKS.de (hereinafter referred to as “provider”) and the customer (hereinafter referred to as “customer”), the following General Terms and Conditions apply in their version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized, unless the provider agrees to their validity in writing.
(2) The customer is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services can not be predominantly attributed to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
2 CONTRACTUAL OBJECT / CONCLUSION OF CONTRACT
(1) The customer can select promotional items from different product categories on the website of the provider and individualize them.
(2) The customer may request the offer by e-mail or in exceptional cases by phone without obligation. The customer transmits to the provider information on the desired product, the material and ink and provides the provider with a graphic template for the logo / slogan (preferably in the file format pdf-, .eps or .ai).
(3) The conclusion of the contract is concluded by the customer accepting the offer by e-mail to the provider and the provider subsequently sending a binding order confirmation by e-mail or in writing within 14 days.
(4) If the customer is an entrepreneur, a contract deviating from para. 2 also comes into existence if the customer does not reject the offer of the provider within a period of 14 days.
(5) After placing the order, the provider sends the customer a digital draft for checking, unless it is a standard product without individualization. The release of the customer should take place within one working day after submission of the draft. Improvements (if technically possible) or color changes can be made for free. Only after the final release of the customer, the provider commissions the production. If the customer has not yet submitted a template for the individual design of the product when requesting an offer, he can deliver it. The digital design does not cost the customer unless the producer of the product charges the design or the customer requires more than two touch-ups. If the producer of the goods charges costs for the design, which are to be borne by the customer, the provider informs the customer in due time. The provider reserves the right to withdraw from the contract, if the customer does not give approval even after two rework.
(6) For some products, there is a minimum order quantity that can be found on the website of the respective provider.
(7) The contract is concluded in German or in English.
3 DELIVERY, PRODUCT AVAILABILITY
(1) Delivery times specified by the provider are calculated from the time of release to production by the customer. Binding delivery times and dates expressly require the written form. For approximate or non-binding delivery dates, the provider endeavors to comply with these.
(2) If no copies of the product selected by him are available at the time of the customer’s order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer immediately in the order confirmation.
(4) If the customer is an entrepreneur, the provider is entitled to partial deliveries. The customer incurs no additional costs, unless previously agreed between the parties.
4 RETENTION OF TITLE
(1) Until full payment, the delivered goods remain the property of the provider.
(2) Legal or actual access by third parties to the reserved goods as well as their loss or damage must be reported to the provider immediately. The cost of necessary actions by the provider to protect the rights of the provider, the customer has to reimburse.
(3) The provider reserves the right to demand information from the customer at any time about the whereabouts of the delivered goods.
5 PRICES AND SHIPPING
(1) All prices, which are indicated in the offers of the provider, are inclusive of the in each case valid legal value added tax and the forwarding expenses, if not differently indicated.
(2) The dispatch takes place by a logistics enterprise after choice of the provider. The provider bears the shipping risk only if the customer is a consumer.
(3) For contracts with an agreed delivery period of more than four months, the provider reserves the right to increase the prices according to incurred cost increases due to increased material and logistics costs. The customer has the right to withdraw from the contract if the increase is more than 5% of the agreed purchase price.
6 PAYMENT MODALITIES
(1) The customer can make the payment by invoice or advance payment, unless otherwise expressly agreed. With the consent of the provider, the payment can also be made by cash on delivery. The cash on delivery charges are borne by the customer.
(2) When paying by cash on delivery, the goods are to be paid upon acceptance of the goods. In case of refusal of acceptance, the resulting costs shall be borne by the customer. When paying by invoice, the payment of the purchase price is due on the invoice according to the payment term. By default of the payment term indicated on the invoice, the customer is in default. In this case, he has the provider for the year default interest of 5 percentage points above the base rate if it is a consumer. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.
(3) The customer agrees that in the event of default of payment, the claims of the provider are assigned to a collection agency and the personal data required for the payment to be transferred to this third party.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
7 WARRANTY, WARRANTY
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
(2) If the customer is an entrepreneur, defects must be reported to the provider in writing without delay, but at the latest within two weeks of delivery. The defective goods shall be kept ready for inspection by the provider in the condition in which they are at the time of detection of the defect.
(3) Insignificant, reasonable deviations in the dimensions and designs as well as color deviations of up to +/- 2 shades (insofar as these are due to the material used), do not entitle to complaints, unless the absolute compliance has been expressly agreed is.
(4) The customer accepts that slight blurring and visible rasters regularly do not constitute a defect within the meaning of para. With heavy use of a printed article, the print may peel off or fade.
(5) An additional guarantee exists with the goods delivered by the provider only if this was expressly delivered in the order confirmation to the respective article.
8 LIABILITY
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.
(3) Liability vis-à-vis entrepreneurs is excluded for lost profits.
(4) The restrictions of paragraphs 1 to 3 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(5) The provider is not liable for individually manufactured goods for the exceeding of the agreed delivery date if he is not responsible for this circumstance (for example as a result of force majeure, failure of technical systems).
(6) The customer is responsible for the storage of his templates. The provider is not liable if it comes to data loss on the servers of the provider.
(7) The design must be checked for defects before being released for production. The provider is not liable for errors not communicated by the customer. Remote corrections and changes require the written confirmation of the provider. In the event of a change after approval of the production, all additional costs incurred, including the machine downtime, shall be borne by the customer.
(8) The limitations of liability shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies, as far as the provider and the customer an agreement over the condition of the thing made. The provisions of the Product Liability Act remain unaffected.
9 REVOCATION FOR CONSUMERS
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
RIGHT OF WITHDRAWAL
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must notify us by means of a clear statement (such as a letter sent by post, telephone call or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs that result from choosing a different delivery method than the standard delivery offered by us have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
(2) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(3) About the model revocation form the provider informs after the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To:
Werbeartikel Factory – SILICONE-WRISTBANDS.eu
Owner: Dipl.-sports scientist Carsten Richter
Am Brünnchen 10
D – 53227 Bonn
or by phone: 0049 228 24004274
or by e-mail: info@silicone-wristbands.eu
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
– Ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
– date
(*) Please delete as appropriate
The revocation can also be explained by phone:
Telephone: 0049 228 24004274
10 RIGHTS OF THIRD PARTIES
(1) The customer hereby confirms to the provider that he is the owner of the material provided and does not violate the rights of third parties. In particular, it is pointed out that the use of logos of companies, associations, etc. may constitute a trademark infringement if the respective copyright holder does not agree with the use.
(2) The customer is responsible for the contents of the materials provided by him. The provider does not adopt these and is not obliged to check these for legality.
(3) In particular, the customer undertakes not to provide pornographic, right-wing or left-wing extremist, racist, discriminatory, youth-endangering, violence-glorifying or violating the constitution of the Federal Republic of Germany content to the provider.
(4) If the provider is nevertheless claimed by third parties or state institutions for the violation of their rights through the use of the materials provided by the customer, the customer undertakes to exempt the provider from all claims and all costs to the provider the claim or the elimination of an unlawful state.
(5) The indemnification by the customer of claims against the provider applies in particular to the infringement of copyrights, trademark rights, competition rights or other proprietary rights of third parties and in particular includes the legal defense costs of the provider. All further rights and claims for damages of the provider remain unaffected.
11 SPECIAL RIGHTS OF THE PROVIDER
The provider reserves the right to present customer-made products and projects as a reference and to use the produced articles as a sample. The customer grants the provider the necessary rights of use unlimited in time and content.
12 OBLIGATIONS UNDER THE PRODUCT SAFETY LAW
(1) The customer accepts that the provider is required by the Product Safety Act (ProdSG) to attach his address data to the products or packaging of the products.
(2) Insofar as the parties expressly agree to this, instead of the address data of the provider, the customer’s address data may be used for the identification according to the ProdSG.
(3) The labeling of the products with the address data does not constitute a material defect.
(4) The provider is entitled to refuse orders or to withdraw from the contract if the customer does not accept the labeling obligation according to the ProdSG.
13 DATA PROTECTION
(1) The customer agrees with the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract or a consent exists.
(2) Insofar as the customer transmits personal data from third parties to the provider, the customer assures that he has obtained the consent of those affected by the data processing and releases the provider from any claims of third parties that they make in this regard.
(3) The rights of the customer or the individual concerned arise in particular from the following standards of the GDPR:
Article 7 (3) – right to revoke a data protection consent
Article 15 – Right to information of the data subject, right to confirm and provide a copy of the personal data
Article 16 – Right to rectification
Article 17 – Right to erasure (‘Right to be forgotten’)
Article 18 – right to restriction of processing
Article 20 – right to data portability
Article 21 – Right of opposition
Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
Article 77 – Right to complain to a supervisory authority
(3) In order to exercise the rights, the customer or the person concerned is requested to contact the provider by e-mail or, in the event of a complaint, to the responsible supervisory authority.
14 DISPUTE
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
15 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider (Bonn).
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
In case of deviations between the german and english version of the terms and conditions the german version prevails.
As of: 21.03.2020