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 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. Right of withdrawal
You have the right to revoke this contract within 14 days without giving reasons. The withdrawal period shall be 14 days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (namensbaender.de GmbH, Am Gamberg 4, 97959 Assamstadt, firstname.lastname@example.org, telephone 06294 439203, fax 06294 428381) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail). You can use the attached sample revocation form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notice of your revocation of this Agreement. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or deliver the Goods to us (namensbaender.de GmbH, Am Gamberg 4, 97959 Assamstadt, Germany) immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this Agreement. The deadline is met if you send the goods before the expiry of the 14-day deadline. You shall bear the direct costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, properties and function.
The right of revocation does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To namensbaender.de GmbH, Am Gamberg 4, 97959 Assamstadt, email@example.com, Fax 06294 428381
- I / we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only for paper communication)
(*) Delete as appropriate.
VI. 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.
VIII. 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.
IV. Data protection
Thank you for your interest in our website. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
Data collection and use for contract processing and when opening a customer account
We collect personal data when you voluntarily provide us with it in connection with your order, when you contact us (e.g. via contact form or e-mail) or when you open a customer account. Which data are raised, are evident from the respective input forms. We use the data provided by you for contract processing and processing your enquiries. After complete completion of the contract or deletion of your customer account, your data will be blocked for further use and deleted at the end of the tax and commercial retention periods, unless you have expressly consented to further use of your data or we reserve the right to use more data, which is permitted by law and about which we inform you below. The deletion of your customer account is possible at any time and can take place either by a message to the contact possibility described below or over a function intended for it in the customer account.
Data transfer for the fulfilment of the contract
For the fulfilment of the contract we pass on your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. In order to process payments, we pass on the necessary payment data to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the payment service selected by you in the ordering process.
Use of data when registering for the e-mail newsletter
If you subscribe to our newsletter, we will use the data required for this purpose or provided separately by you in order to send you our e-mail newsletter on a regular basis. You can unsubscribe from the newsletter at any time, either by sending a message to the contact person described below or via a link in the newsletter provided for this purpose.
Use of data for postal advertising and your right of objection
Furthermore, we reserve the right to store your first and last name, your postal address and - insofar as we have received this additional information from you within the framework of the contractual relationship - your title, academic degree, year of birth and your professional, branch or business name in summarised lists and to use them for our own advertising purposes, e.g. to send you interesting offers and information about our products by post. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact person described below.
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser during your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or whether to exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, the functionality of our website may be restricted.
Use of Google Analytics for web analytics
You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plugin available under the following link:http://tools.google.com/dlpage/gaoptout?hl=en
As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data from this website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.
Right to information and possibility of contact
You have the right to free information about your personal data stored by us and, if necessary, the right to correct, block or delete this data. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as for revocation of consents given or objections to a specific use of data, please contact us directly via the contact data in our imprint.
X. 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.
XI. 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.