TERMS AND CONDITIONS

General terms and conditions with customer information

[ 01 ] Scope of application
[ 02 ] Conclusion of contract
[ 03 ] Right of withdrawal
[ 04 ] Prices and terms of payment
[ 05 ] Delivery and shipping conditions and shipping conditions
[ 06 ] Retention of title
[ 07 ] Liability for defects (warranty)
[ 08 ] Liability
[ 09 ] Special conditions for the processing of goods according to certain specifications of the customer
[ 10 ] Special conditions for repair services
[ 11 ] Redemption of promotional vouchers
[ 12 ] Redemption of gift vouchers
[ 13 ] Applicable law
[ 14 ] Place of jurisdiction
[ 15 ] Alternative dispute resolution

SCOPE OF APPLICATION

[ 01.1 ]

These General Terms and Conditions (hereinafter referred to as "general terms and conditions") of the company TAGWERC GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

[ 01.2 ]

These general terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

[ 01.3 ]

A consumer within the meaning of this general terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

[ 01.4 ]

An entrepreneur within the meaning of this general terms and conditions is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

CONCLUSION OF CONTRACT

[ 02.1 ]

The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

[ 02.2 ]

The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.

[ 02.3 ]

The seller may accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

[ 02.4 ]

If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.

[ 02.5 ]

When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this.

[ 02.6 ]

Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

[ 02.7 ]

The German and English languages are available for the conclusion of the contract.

[ 02.8 ]

Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

RIGHT OF WITHDRAWAL

[ 03.1 ]

Consumers are generally entitled to a right of withdrawal.

[ 03.2 ]

Further information on the right of withdrawal can be found in the seller'sright of cancellation .

[ 03.3 ]

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

PRICES AND TERMS OF PAYMENT

[ 04.1 ]

Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

[ 04.2 ]

For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

[ 04.3 ]

The payment option(s) will be communicated to the customer in the seller's online store.

[ 04.4 ]

If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

[ 04.5 ]

If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

[ 04.6 ]

If the payment method "PayPal Credit" (installment payment via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in the event of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal in accordance with the conditions specified by the seller, which are communicated to the customer in the seller's online store. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even in the event of the assignment of claims.

DELIVERY AND SHIPPING CONDITIONS

[ 05.1 ]

If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

[ 05.2 ]

Goods delivered by a forwarding agent are delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.

[ 05.3 ]

If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of the customer effectively exercising his right of withdrawal, the return costs shall be governed by the relevant provision in the seller's right of cancellation .

[ 05.4 ]

If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

[ 05.5 ]

The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

[ 05.6 ]

Self-collection is not possible for logistical reasons.

[ 05.7 ]

Vouchers are provided to the customer as follows:
- by e-mail
- by post

RESERVATION OF TITLE

[ 06.1 ]

In the case of consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

[ 06.2 ]

In the case of entrepreneurs, the seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

[ 06.3 ]

If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The seller's right to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

LIABILITY FOR DEFECTS ( WARRANTY )

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

[ 07.1 ]

If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims due to defects are excluded for used goods;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

[ 07.2 ]

The aforementioned limitations of liability and shortening of time limits do not apply

- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

[ 07.3 ]

In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

[ 07.4 ]

If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

[ 07.5 ]

If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

LIABILITY

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

[ 08.1 ]

The seller shall be liable without limitation for any legal reason

- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.

[ 08.2 ]

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

[ 08.3 ]

Any further liability of the seller is excluded.

[ 08.4 ]

The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO SPECIFIC CUSTOMER REQUIREMENTS

[ 09.1 ]

If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

[ 09.2 ]

The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

[ 09.3 ]

The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

SPECIAL CONDITIONS FOR REPAIR SERVICES

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

[ 10.1 ]

Repair services shall be provided at the seller's registered office.

[ 10.2 ]

The Seller shall provide its services at its own discretion, either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

[ 10.3 ]

The customer shall provide the seller with all information required for the repair of the item, unless the procurement of such information is not within the seller's scope of duties according to the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may be the cause of the defect found.

[ 10.4 ]

Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.

[ 10.5 ]

The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the goods.

[ 10.6 ]

The aforementioned provisions do not limit the customer's statutory rights in the event of defects when purchasing goods from the seller.

[ 10.7 ]

The seller shall be liable for defects in the repair work performed in accordance with the provisions of statutory liability for defects.

REDEMPTION OF PROMOTIONAL VOUCHERS

[ 11.1 ]

Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

[ 11.2 ]

Promotional vouchers can only be redeemed by consumers.

[ 11.3 ]

Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

[ 11.4 ]

Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

[ 11.5 ]

Only one promotional voucher can be redeemed per order.

[ 11.6 ]

The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

[ 11.7 ]

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

[ 11.8 ]

The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

[ 11.9 ]

The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

[ 11.10 ]

The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

REDEMPTION OF GIFT VOUCHERS

[ 12.1 ]

Vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

[ 12.2 ]

Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

[ 12.3 ]

Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

[ 12.4 ]

Only one gift voucher can be redeemed per order.

[ 12.5 ]

Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

[ 12.6 ]

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

[ 12.7 ]

The balance of a gift voucher is neither paid out in cash nor does it bear interest.

[ 12.8 ]

The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.

APPLICABLE LAW

[ 13.1 ]

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

[ 13.2 ]

Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

COURT STATE

[ 14.1 ]

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

ALTERNATIVE DISPUTE RESOLUTION

[ 15.1 ]

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

[ 15.2 ]

The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.