Terms and Conditions

General terms and conditions with customer information

TABLE OF CONTENTS

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

SCOPE

[ 01.1 ]

These General Terms and Conditions (hereinafter “GTC”) of TAGWERC These terms and conditions of sale apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller of [Company Name] GmbH (hereinafter referred to as "Seller") regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

[ 01.2 ]

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

[ 01.3 ]

For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

[ 01.4 ]

For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding 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 shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.

[ 02.2 ]

The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by telephone, fax, email, mail, or via the online contact form.

[ 02.3 ]

The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, 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 they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. 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 is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

[ 02.4 ]

When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. The seller does not make the contract text available in any other way.

[ 02.5 ]

Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

[ 02.6 ]

The German and English languages are available for concluding the contract.

[ 02.7 ]

Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

RIGHT OF WITHDRAWAL

[ 03.1 ]

Consumers generally have a right of withdrawal.

[ 03.2 ]

Further information on the right of withdrawal can be found in the Seller's cancellation policy.

[ 03.3 ]

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

PRICES AND PAYMENT TERMS

[ 04.1 ]

Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any applicable delivery and shipping costs will be listed separately in the respective product description.

[ 04.2 ]

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even 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 shop.

[ 04.4 ]

If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

[ 04.5 ]

When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed 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 for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

[ 04.6 ]

When selecting the payment method "PayPal Credit" (installment payment via PayPal), the seller assigns their payment claim to PayPal. Before accepting the seller's assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the "PayPal Credit" payment method to the customer in the event of a negative credit check result. If the "PayPal Credit" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal according to the terms and conditions set by the seller, which are communicated to the customer in the seller's online shop. In this case, payment can only be made to PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds.

DELIVERY AND SHIPPING CONDITIONS

[ 05.1 ]

If the seller offers shipping of the goods, delivery will take place within the time specified by the seller. Delivery area Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

[ 05.2 ]

For goods delivered by freight forwarder, delivery is made “free to the curb”, i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or otherwise agreed.

[ 05.3 ]

If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

[ 05.4 ]

If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

[ 05.5 ]

The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

[ 05.6 ]

Self-collection is not possible for logistical reasons.

[ 05.7 ]

Vouchers will be provided to the customer as follows:
- by email
– by mail

RETENTION OF OWNERSHIP

[ 06.1 ]

With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

[ 06.2 ]

With respect to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

[ 06.3 ]

If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed.

LIABILITY FOR DEFECTS (GUARANTEE)

Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:

[ 07.1 ]

If the customer is acting as an entrepreneur,

– the seller has the choice of the type of subsequent performance;
– For new goods, the limitation period for defects is one year from delivery of the goods;
– for used goods, rights and claims due to defects are excluded;
– the limitation period does not restart if a replacement delivery is made under the warranty for defects.

[ 07.2 ]

The aforementioned limitations of liability and reductions 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 which, according to their usual purpose, have been used for a building and have caused its defectiveness,
– for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

[ 07.3 ]

Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

[ 07.4 ]

If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

[ 07.5 ]

If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

LIABILITY

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

[ 08.1 ]

The seller is fully liable for any legal reason.

– in cases of intent or gross negligence,
– in the event of intentional or negligent injury to life, body or health,
– based on a guarantee promise, unless otherwise stipulated,
– due to mandatory liability, such as under the Product Liability Act.

[ 08.2 ]

If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

[ 08.3 ]

Furthermore, the seller's liability is excluded.

[ 08.4 ]

The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CUSTOMER SPECIFICATIONS

[ 09.1 ]

If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary usage rights. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for possessing the right to use the content provided to the seller. In particular, the customer is responsible for ensuring that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.

[ 09.2 ]

The customer shall indemnify the seller against any third-party claims arising from the seller's contractual use of the customer's content and any infringement of the third party's rights. The customer shall also bear all necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a third-party claim, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.

[ 09.3 ]

The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or contravenes accepted standards of decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

SPECIAL CONDITIONS FOR REPAIR SERVICES

If, according to the contract, the seller is obligated to repair an item belonging to the customer, the following applies:

[ 10.1 ]

Repair services will be performed at the seller's location.

[ 10.2 ]

The seller may, at their discretion, perform their services personally or through qualified personnel selected by them. The seller may also utilize the services of third parties (subcontractors) acting on their behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific individual to perform the desired service.

[ 10.3 ]

The customer must provide the seller with all information necessary for the repair of the item, unless obtaining this information is the seller's responsibility under the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform them of all circumstances that could have caused the identified defect.

[ 10.4 ]

Unless otherwise agreed, the customer must ship the item to be repaired to the seller's premises at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable packaging to reduce the risk of damage during transport and to conceal the contents. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

[ 10.5 ]

The return of the goods is at the customer's expense. The risk of accidental loss or damage to the goods passes to the customer upon handover of the goods to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the goods.

[ 10.6 ]

The aforementioned regulations do not limit the customer's statutory rights in the event of purchase of goods from the seller.

[ 10.7 ]

The seller is liable for defects in the repair service provided in accordance with the provisions of the statutory warranty for defects.

REDEMPTION OF PROMOTIONAL VOUCHERS

[ 11.1 ]

Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

[ 11.2 ]

Promotional vouchers can only be redeemed by consumers.

[ 11.3 ]

Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

[ 11.4 ]

Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting 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 value of the promotional voucher. Any remaining balance will not be refunded by the seller.

[ 11.7 ]

If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

[ 11.8 ]

The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

[ 11.9 ]

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

[ 11.10 ]

The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.

REDEMPTION OF GIFT VOUCHERS

[ 12.1 ]

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

[ 12.2 ]

Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

[ 12.3 ]

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

[ 12.4 ]

Only one gift voucher can be redeemed per order.

[ 12.5 ]

Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

[ 12.6 ]

If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

[ 12.7 ]

The balance of a gift voucher will neither be paid out in cash nor accrue interest.

[ 12.8 ]

The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility to redeem it.

APPLICABLE LAW

[ 13.1 ]

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

[ 13.2 ]

Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

JURISDICTION

[ 14.1 ]

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office 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, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.

ALTERNATIVE DISPUTE RESOLUTION

[ 15.1 ]

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

[ 15.2 ]

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