General Terms and Conditions
I. Scope of the contract
- The following terms and conditions shall conclusively govern the contractual relationship between namensbaender.de GmbH, hereinafter referred to as the "Seller", and the respective customer.
- These General Terms and Conditions apply exclusively. Conflicting or deviating conditions of the customer will not be recognized, unless the seller has expressly agreed to them in individual cases.
II. Object of the contract
- The object of the respective contract is the sale of goods by the seller to the customer, in particular the sale of name ribbons, gift ribbons and labels.
- These goods are either offered as pre-produced goods (standard goods) by the seller on his website or manufactured according to the wishes and specifications of the customer (customer specification).
III. Conclusion of contract, contract language
- The customer can make an order over the web page of the salesman either an order of the commodity offered there (standard commodity) or give a special production after customer specification in order.
- The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order follows immediately after sending the order and does not yet represent an acceptance of contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.
- The contract is concluded in the German language.
IV. Contract processing, shipping costs
- All prices are gross Euro prices plus any packaging and shipping costs. The shipping costs borne by the customer from the location of the seller's branch are shown in the shipping costs table, which can be viewed on the seller's website under Shipping and packaging costs.
- The seller reserves the right to withdraw from the contract and to refund any consideration immediately if the ordered goods are not available. In this case the customer will be informed immediately about the unavailability. In this case, the seller reserves the right to offer goods of equal price and quality with the aim of concluding a new contract for the purchase of goods of equal price and quality.
- The Seller reserves the right to withdraw from the contract and immediately refund any consideration if it is not possible to meet the Seller's quality standards. Reasons for this may be, for example, technical feasibility, material dependencies or the quality of the customer layout.
- The customer will examine the ordered goods immediately after the delivery, as far as it concerns a mutual commercial transaction in the sense of the commercial code. This applies in particular with regard to the completeness of the goods as well as the respective functionality. The seller must be notified immediately of any defects that are discovered in the process or can be detected without further ado. A detailed description of the defect must be enclosed. If the customer fails to notify the seller, the goods shall be deemed to have been approved unless the defect was not identifiable during the inspection.
- Defects in the goods which cannot be detected within the scope of the proper inspection in accordance with paragraph (6) must be reported to the Seller immediately after their discovery, insofar as this is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even with regard to this defect.
V. Liability, release from liability
- The Seller shall be liable without limitation for damages caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of assumption of a quality guarantee, for claims based on the Product Liability Act and for injury to life, limb or health.
- The seller is not liable for other damages, if these were caused by the seller, a legal representative or vicarious agents simply negligent. In the event of a breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligations), the Seller shall be liable for damages limited to compensation for the foreseeable damage typical for the contract, insofar as this was caused by simple negligence.
- If the customer has goods manufactured and delivered by the seller according to customer specifications, it is the responsibility of the customer to ensure that the goods do not infringe any industrial property rights of third parties, in particular name and trademark rights. To this extent, the customer shall indemnify the seller against any claims by third parties.
a.) Should a third party assert claims against the Seller on the basis of an alleged infringement of rights, the Buyer shall be obliged to cooperate in the legal defence and, for example, to prove the existence of licences or priority rights.
b.) The Seller shall be entitled to acknowledge claims of third parties and to demand recourse from the Buyer if the Buyer does not prove the existence of priority rights in good time and provides sufficient security for the procedural costs in advance.
c.) The Buyer shall reimburse the Seller for any expenses and damages incurred as a result of the justified or (b) acknowledged assertion of claims by third parties, in particular costs of legal defence, damages paid or damages resulting from sequestration or destruction of goods.
- The seller is basically liable for defects of the goods according to the legal regulations of the sales law (§§ 434 ff. BGB).
- The warranty period of the rights from § 437 BGB amounts to twelve months starting from the legal beginning of the limitation period, if the customer is no consumer. In all other cases, the statutory warranty period of two years from the start of the statutory limitation period shall apply.
- In the event that a claim for defects is asserted against the Seller, the Customer shall be entitled to subsequent performance, i.e. rectification of the defect or delivery of a defect-free item. His other rights from § 437 BGB remain unaffected. The seller can refuse the type of supplementary performance chosen by the customer without prejudice to § 275 Para. 2 and 3 BGB if it is only possible with disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question whether the other type of supplementary performance could be used without considerable disadvantages for the customer must be taken into account. In this case, the customer's claim shall be limited to the other type of subsequent performance; the seller's right to also refuse this under the conditions of sentence 1 shall remain unaffected. If the customer is not a consumer, the seller shall have the right to choose between remedying the defect or subsequent delivery of a defect-free item.
- If the seller delivers a defect-free item for the purpose of subsequent performance, he may demand that the customer return the defective item in accordance with §§ 346 to 348 BGB (German Civil Code).
- If, after examination of the goods complained of, it should turn out that there is no defect for which the seller is responsible, the seller reserves the right to assert the costs for the unjustified claim against the customer, in particular costs for transport and inspection.
VII. Terms of payment, default and retention of title
- The delivered goods remain the property of the seller until full payment has been made. The payment of the purchase price becomes due immediately after the conclusion of the purchase contract.
- The customer shall be in default, if he is not a consumer, if he has not made payment within 30 days of the due date. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or payment request.
VIII. Delivery periods
- Unless otherwise stated on our product pages, our articles are ready for dispatch immediately and the delivery time is not more than 5 days.
IX. final provisions
- The present General Terms and Conditions and the purchase contract concluded in each case shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that the customer is not a consumer.
- If the customer is a fully qualified merchant, a legal entity under public law or a public special fund, Assamstadt shall be the agreed place of jurisdiction for all disputes arising from or in connection with this contract.
- The customer shall only have the right to set-off or reduction if his counterclaims have been legally established, are undisputed or if the seller has acknowledged them.
- We do not take part in a dispute settlement procedure before a consumer arbitration board.
- Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.