Terms and Conditions
- 1 SCOPE, DEFINITIONS
(1) For the business relationship between the provider LANYARDS-24.de (hereinafter “Provider”) and the customer (hereinafter “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur pursuant to Section 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
- 2 SUBJECT MATTER OF THE CONTRACT / CONCLUSION OF CONTRACT
(1) The Customer can select promotional items from various product categories on the Provider’s website and individualize them.
(2) The Customer may request a non-binding offer from the Provider by email or, in exceptional cases, by telephone. The Customer shall provide the Provider with details regarding the desired product, material and print color, and shall provide the Provider with a graphic template for the logo/slogan (preferably in .pdf, .eps, or .ai file format).
(3) The conclusion of the contract occurs when the Customer accepts the offer via email to the Provider and the Provider subsequently sends a binding order confirmation within 14 days via email or in writing.
(4) If the Customer is an entrepreneur, a contract shall also be concluded, deviating from paragraph 2, if the Customer does not reject the Provider’s offer within a period of 14 days.
(5) After the order has been placed, the Provider shall send the Customer a digital draft for review, provided that the items are not standard goods without individualization. The Customer’s approval should be given within one working day after transmission of the draft. Improvements (if technically possible) or color changes can be made free of charge. The Provider will only commission production after the final approval by the Customer. If the Customer has not yet submitted a template for the individual design of the product when requesting an offer, they may provide it later. The digital draft does not incur any costs for the Customer, unless the producer of the goods charges a fee for the draft or the Customer requests more than two revisions. If the producer of the goods charges costs for the draft that are to be borne by the Customer, the Provider shall inform the Customer of this in good time. The Provider reserves the right to withdraw from the contract if the Customer does not grant approval even after two revisions.
(6) For some products, there is a minimum order quantity, which can be seen on the respective Provider’s website.
(7) The contract is concluded in German or English.
- 3 DELIVERY, AVAILABILITY OF GOODS
(1) Delivery times specified by the Provider are calculated from the time of production approval by the Customer. Binding delivery periods and dates must be expressly agreed upon in writing. In the case of approximate or non-binding delivery dates, the Provider shall endeavor to meet them.
(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
(4) If the Customer is an entrepreneur, the Provider is entitled to make partial deliveries. This shall not result in any additional costs for the Customer, unless expressly agreed otherwise between the parties beforehand.
- 4 RETENTION OF TITLE
(1) The delivered goods remain the property of the Provider until full payment has been made.
(2) Any legal or physical access by third parties to the goods subject to retention of title, as well as their loss or damage, must be reported to the Provider immediately. The Customer shall reimburse the costs for any actions required by the Provider to protect the Provider’s rights.
(3) The Provider reserves the right to demand information from the Customer at any time regarding the whereabouts of the delivered goods.
- 5 PRICES AND SHIPPING
(1) All prices stated in the Provider’s offers include the applicable statutory value-added tax and shipping costs, unless otherwise stated.
(2) Shipping is carried out by a logistics company of the Provider’s choice. The Provider bears the shipping risk only if the Customer is a consumer.
(3) For contracts with an agreed delivery time of more than four months, the Provider reserves the right towards entrepreneurs to increase prices in accordance with cost increases that have occurred due to increased material and logistics costs. The Customer has the right to withdraw from the contract if the increase exceeds 5% of the agreed purchase price.
- 6 PAYMENT TERMS
(1) The Customer can make payment by invoice or advance payment, unless expressly agreed otherwise. With the Provider’s consent, payment can also be made by cash on delivery. The cash on delivery fees are borne by the Customer.
(2) In the case of payment by cash on delivery, the goods must be paid for upon acceptance. If acceptance is refused, the resulting costs shall be borne by the Customer. In the case of payment on account, payment of the purchase price is due according to the payment deadline on the invoice. By failing to meet the payment deadline specified on the invoice, the Customer is in default. In this case, if the Customer is a consumer, they must pay the Provider default interest for the year at a rate of 5 percentage points above the base interest rate. If the Customer is an entrepreneur, the default interest is 9 percentage points above the base interest rate.
(3) The Customer agrees that in the event of default in payment, the Provider’s claims may be assigned to a collection agency and the personal data required for payment processing may be transferred to this third party.
(4) The Customer’s obligation to pay default interest does not exclude the assertion of further damages caused by delay by the Provider.
- 7 WARRANTY FOR DEFECTS, GUARANTEE
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. For entrepreneurs, the warranty period for items delivered by the Provider is 12 months.
(2) If the Customer is an entrepreneur, defects must be reported to the Provider in writing immediately, but no later than within two weeks after delivery, in order to maintain the Customer’s claims for defects. The defective items must be kept ready for inspection by the Provider in the condition they were in at the time the defect was discovered.
(3) Insignificant, reasonable deviations in 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 the Customer to complaints, unless absolute compliance has been expressly agreed.
(4) The Customer accepts that slight blurring and visible screen patterns generally do not constitute a defect within the meaning of paragraph 1. With intensive use of a printed article, the print may peel off or fade.
(5) An additional guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective item.
- 8 LIABILITY
(1) Claims of the Customer for damages are excluded. This excludes claims for damages by the Customer arising from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential 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 caused by simple negligence, unless it concerns claims for damages by the Customer arising from injury to life, limb, or health.
(3) Liability for lost profit is excluded towards entrepreneurs.
(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(5) In the case of individually manufactured goods, the Provider is not liable for exceeding the agreed delivery date if it is not responsible for this circumstance (e.g., as a result of force majeure, failure of technical systems).
(6) The Customer is responsible for saving their own templates. The Provider is not liable if data loss occurs on the Provider’s servers.
(7) The draft must be checked for errors before approval for production. The Provider is not liable for errors not reported by the Customer. Corrections and changes made by telephone require written confirmation by the Provider. In the event of changes after approval of production, all additional costs incurred, including machine downtime, shall be borne by the Customer.
(8) The limitations of liability do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
- 9 CANCELLATION POLICY
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the Provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).
CANCELLATION POLICY
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us
LANYARDS-24.de
Owner: Dipl.-Sportwissenschaftler Carsten Richter
Am Brünnchen 10
D – 53227 Bonn
or via Tel.: 0228 24004274
or via Email: info@lanyards-24.de
by means of a clear statement (e.g., a letter sent by post, fax, telephone call, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
(2) The right of withdrawal does not exist for contracts for the delivery 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) The Provider provides information about the model withdrawal form in accordance with the statutory regulation as follows:
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
— To:
LANYARDS-24.de
Owner: Dipl.-Sportwissenschaftler Carsten Richter
Am Brünnchen 10
D – 53227 Bonn
or via Tel.: 0228 24004274
or via Email: info@lanyards-24.de
— I/we (*) hereby withdraw from 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 if notified on paper)
— Date
(*) Delete as appropriate
The withdrawal can also be declared by telephone:
Tel.: 0228 / 240 042 74
- 10 THIRD-PARTY RIGHTS
(1) The Customer hereby confirms to the Provider that they are the right holder of the materials provided and do not violate any third-party rights. In particular, it is pointed out that the use of logos of companies, clubs, etc. may constitute a trademark infringement if the respective right holder does not agree to the use.
(2) The Customer is responsible for the content of the materials provided by them. The Provider does not adopt these as its own and is not obliged to check them for legality.
(3) In particular, the Customer undertakes not to provide the Provider with pornographic, right-wing or left-wing extremist, racist, discriminatory, harmful to minors, glorifying violence, or content that violates the constitution of the Federal Republic of Germany.
(4) If the Provider is nevertheless held liable 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 indemnify the Provider against all claims and to bear all costs incurred by the Provider through the claim or through the elimination of an unlawful state.
(5) The indemnification by the Customer from claims against the Provider applies here in particular to the violation of copyright, trademark, competition rights, or other industrial property rights of third parties and includes in particular the Provider’s legal defense costs. All further rights as well as claims for damages by the Provider remain unaffected.
- 11 SPECIAL RIGHTS OF THE PROVIDER
The Provider reserves the right to present products and projects manufactured on behalf of the Customer as a reference and to use the produced items as samples. The Customer grants the Provider the necessary rights of use for this purpose, unlimited in terms of time and content.
- 12 OBLIGATIONS UNDER THE PRODUCT SAFETY ACT
(1) The Customer accepts that the Provider is obliged under the Product Safety Act (ProdSG) to affix its address details to the products or the packaging of the products.
(2) Insofar as the parties expressly agree, the Customer’s address details may be used for labeling according to the ProdSG instead of the Provider’s address details.
(3) The labeling of the products with the address details does not constitute a material defect.
(4) The Provider is entitled to reject orders or withdraw from the contract if the Customer does not accept the labeling obligation according to the ProdSG.
- 13 DATA PROTECTION
(1) The Customer agrees to the storage of personal data within the framework of the business relationship with the Provider, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract.
(2) Insofar as the Customer transmits personal data of third parties to the Provider, the Customer warrants that they have obtained the consent of those affected by the data processing and indemnifies the Provider against any claims by third parties made against it in this regard.
(3) The rights of the Customer or the person concerned arise in detail in particular from the following norms of the GDPR:
- Article 7 Para. 3 – Right to withdraw data protection consent
• Article 15 – Right of access by the data subject, right to confirmation and provision of 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 to object
• Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to lodge a complaint with a supervisory authority
State Commissioner for Data Protection and Freedom of Information
North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf
Telephone: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de
www.ldi.nrw.de
(4) To exercise these rights, the Customer or data subject is requested to contact the Provider by email or, in the event of a complaint, the competent supervisory authority.
- 14 FINAL PROVISIONS
(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. 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 their 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).