General terms and conditions with customer information
Table of contents
Scope of application
Contract conclusion
Right of withdrawal
Prices and terms of payment
Conditions of delivery and dispatch
Granting of rights of use for digital content
Reservation of title
Liability for defects (guarantee)
Special conditions for the processing of goods according to specific specifications of the customer
Specific conditions for assembly/installation services
Redemption of promotional vouchers
Redemption of gift cards
Applicable law
Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of André Wagner (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on his website.
1.2 For contracts for the delivery of digital content, these GTC apply accordingly, unless expressly something different is regulated.
1.3 For contracts for the delivery of vouchers, these GTC apply accordingly, unless expressly something different is regulated.
1.4 For contracts for the delivery of tickets, these GTC apply accordingly, unless expressly regulated otherwise. These GTC only regulate the sale of tickets for certain events specified in the article description of the seller and not the execution of these events. For the execution of the events exclusively the statutory provisions in the relationship between the customer and the organizer and, if applicable, conditions of the organizer apply. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which exclusively the respective organizer is responsible.
1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly attributable neither to his commercial nor to his independent professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.6 Digital content within the meaning of these GTC are all data not located on a physical data carrier, which are produced in digital form and are provided by the seller under granting certain rights of use more precisely regulated in these GTC.
2) Contract conclusion
2.1 Works are presented on the website for information. Sending an enquiry, saving a work or obtaining price access does not constitute a purchase or reservation.
2.2 Following personal consultation, the customer receives an individual offer specifying the work, size, presentation, framing, price and any delivery or installation. A contract is concluded by accepting the offer in accordance with its terms.
2.3 Communication and delivery of the offer take place personally or in text form. Questions and corrections can be discussed directly with the seller before the offer is accepted.
2.4 German is available for concluding the contract.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Displayed prices are gross prices including statutory VAT. The specific presentation and any additional delivery or installation costs are stated in the personal offer.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which are not attributable to the seller and which are to be borne by the customer, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs), such costs may also be incurred in relation to the transfer of funds if the delivery is not to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment method is stated in the personal offer.
4.4 Payment is due without deduction within 14 days of receipt of the invoice.
5) Delivery and shipping conditions
5.1 Delivery is made to the address agreed with the customer. The scope, costs and timing of delivery are set out in the personal offer.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs of dispatch if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, then the regulation made in the seller's cancellation policy applies to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer can collect the goods at the seller's headquarters, in which case no shipping costs will be charged.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
by download
by e-mail
5.5 Vouchers are left to the customer as follows:
by download
by e-mail
Postal services
5.6 Tickets are provided to the customer as follows:
by download
by e-mail
Postal services
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the content description in the Seller’s personal offer, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content for private and business purposes.
6.2 A forwarding of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of the right only takes effect when the customer has fully paid the contractually owed remuneration. The seller can also provisionally allow the use of the contractual contents even before this time. A transfer of rights does not take place by such a provisional permission.
7) Reservation of title
If the seller makes advance payments, he reserves the right to own the delivered goods until the full payment of the owed purchase price.
8) Liability for defects (guarantee)
8.1 If the object of purchase is defective, the provisions of the legal liability for defects apply.
8.2 The customer is asked to claim delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer, the customer has to provide the seller with all content required for the processing, such as text, pictures or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are infringed thereby, in particular copyright, trademark and personal rights.
9.2 The customer indemnifies the seller of claims of third parties that they can assert against the seller in connection with an infringement of their rights by the contractual use of the customer's contents by the seller. The customer also assumes the reasonable costs of the necessary legal defense including all legal and legal fees in the amount of the law. This does not apply if the infringement is not attributable to the customer. The customer is obliged to provide the seller immediately, truthfully and completely all information necessary for the examination of the claims and a defense in the case of a use by third parties.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or good morals, in particular in the case of the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, threatening to youth and/or glorifying violence.
10) Special conditions for assembly/installation services
If, according to the content of the contract, the seller also owes the assembly or installation of the goods with the customer in addition to the delivery of goods as well as corresponding preparation measures (e.g. oversize), the following applies:
10.1 The Seller shall provide his services, at his choice, in his own person or through qualified personnel selected by him, in which case the Seller may also use the services of third parties (subcontractors) acting on his behalf Unless otherwise specified in the Seller’s specifications, the Customer shall not be entitled to select a specific person to carry out the requested service.
10.2 The customer has to provide the seller with the information necessary for the provision of the owed service completely and truthfully, provided that the procurement of the latter does not fall within the scope of the seller's obligations according to the content of the contract.
10.3 After conclusion of the contract, the Seller will contact the Customer in order to arrange an appointment for the owed service with the Customer, who will ensure that the Seller or the personnel commissioned by the Seller have access to the Customer’s facilities at the agreed date.
10.4 The risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer only after the completion of the assembly work and the handover to the customer.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can be redeemed as part of a personal offer from the seller and only in the specified period of time.
11.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
11.3 Promotional vouchers can only be redeemed before the completion of the ordering process.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must correspond at least to the amount of the promotional voucher; any remaining credit will not be refunded by the seller.
11.6 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 chosen to settle the difference.
11.7 The balance of a promotional voucher is not paid out in cash or interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods wholly or partially paid for with the promotional voucher within the framework of his statutory right of withdrawal.
11.9 The promotional voucher is intended only for use by the person named in it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
12) Redemption of gift cards
12.1 Vouchers that can be purchased from the seller (hereinafter "Gift Vouchers") can be redeemed as part of a personal offer from the seller, unless the voucher provides otherwise.
12.2 Gift vouchers and balances of gift vouchers are redeemable until the end of the third year following the year of purchase of the voucher, and balances will be credited to the customer until the expiration date.
12.3 Gift vouchers can only be redeemed before the completion of the ordering process.
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 other 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 chosen to settle the difference.
12.7 The balance of a gift voucher is not paid out in cash or interest.
12.8 The Gift Certificate is intended only for use by the person named in it. A transfer of the Gift Certificate to third parties is excluded. The Seller is entitled, but not obligated, to check the material eligibility of the respective Voucher holder.
13) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws governing the international purchase of movable goods; in the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by obligatory provisions of the law of the State in which the consumer has his habitual residence.
14) Alternative dispute resolution
14.1 The seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration body.