General Terms and Conditions with customer information
The following General Terms and Conditions also contain statutory information on your rights under the provisions on distance selling contracts and electronic commerce.
§ 1 Scope of application, customer information
The following general terms and conditions govern the contractual relationship between Heldenwerbung GmbH and consumers and entrepreneurs who purchase goods via our shop Button-King. We do not recognise any terms and conditions that contradict or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can place one or more products in the shopping basket. In the course of the ordering process, you enter your data and wishes regarding your order. payment method, delivery modalities, etc. Only when you click on the order button do you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone.
(3) We are entitled to accept the offer submitted via the Internet within 1 working day by sending an order confirmation by e-mail. If the period specified in sentence 1 expires without result, your offer is deemed to have been rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if your offer is accepted by us immediately. If the offer is not accepted immediately, you are no longer bound by it.
§ 3 Customer information: Storage of your order data
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area My Account.
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you of further correction options as you progress through the ordering process. You can also end the order process completely at any time by closing the browser window.
§ 5 Retention of title
The delivered goods (reserved goods) remain the property of the seller until full payment of all claims arising from this contract. As long as ownership has not yet been transferred to him, the buyer undertakes to treat the reserved goods with care and to insure them adequately at his own expense against fire, water damage and theft at replacement value. The buyer is not authorised to pledge the reserved goods to third parties or to assign them by way of security. However, the buyer is authorised to use the reserved goods and to resell them in the ordinary course of business as long as he is not in arrears with his payment obligations. The Buyer assigns to the Seller by way of security any claims against his business partners arising from the sale. The seller accepts the assignment. The seller revocably authorises the buyer to collect the claims assigned to the seller for the seller's account in his own name. This shall not affect the seller's right to collect the claims himself. However, the seller shall not collect the claims himself and shall not revoke the direct debit authorisation as long as the buyer duly fulfils his payment obligations. If the Buyer acts in breach of contract towards the Seller, in particular if it defaults on its payment obligations, the Seller may demand that the Buyer discloses the assigned claims and the respective debtors, informs the respective debtors of the assignment and hands over to the Seller all documents and provides all information that the Seller requires to assert the claims. The handling, processing or remodelling of the reserved goods by the Buyer shall always be carried out in the name of and on behalf of the Seller. If the reserved goods are processed with other items that are not the property of the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combining or mixing is carried out in such a way that the Buyer's item is to be regarded as the main item, it is agreed that the Buyer shall transfer co-ownership to the Seller on a pro rata basis. The seller accepts this transfer. The Buyer shall hold the sole ownership or co-ownership of the item thus created in safe custody for the Seller. If the goods subject to retention of title are seized or exposed to other interventions by third parties, the Buyer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the Seller's ownership rights and to notify the Seller immediately in writing so that the Seller can enforce his ownership rights. The Buyer shall be liable to the Seller for any judicial or extrajudicial costs incurred in this connection, unless the third party is able to reimburse these costs to the Seller. The seller undertakes, at the request of the buyer, to release the securities to which he is entitled to the extent that the realisable value exceeds the value of the outstanding claims against the buyer by 10%.
§ 6 Limitation of your warranty claims
(1) Statutory warranty rights exist for our goods.
(2) Warranty towards consumers for used goods
Your claims for defects in used goods shall become time-barred one year after delivery of the sold item to you. Excluded from this provision are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed for the quality of the item. The statutory limitation periods shall apply to these excluded claims.
(3) Warranty towards entrepreneurs
Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. Also excluded is the right of recourse in accordance with § 478 of the German Civil Code (BGB). The statutory limitation periods apply to these excluded claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, insofar as these do not relate to essential contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to procure ownership of it for you. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Rights to uploaded motifs and graphics
In order to personalise his product, the client of Heldenwerbung GmbH can upload photos, graphics and motifs to the webshop. The client hereby assures that he is not infringing any third-party rights. In the event of a breach of duty, the client indemnifies Heldenwerbung GmbH against all claims by third parties, insofar as the client is responsible for the breach. If Heldenwerbung GmbH incurs costs or damages due to the client's breach of duty, the client is obliged to reimburse these costs and damages to Heldenwerbung GmbH.
§ 9 Citation as a reference and specimen copy
Heldenwerbung GmbH reserves the right to retain specimen copies for quality assessment purposes and to send these as samples without the express consent of the client. In addition, we reserve the right to publish photos of the buttons produced on our website. If the client does not wish to be named as a reference or If a reference sample is not retained, the client shall inform Heldenwerbung GmbH of this.
§ 10 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
§ 11 Consumer information: Non-participation in a dispute resolution procedure
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.