Terms of service

Table of Contents

• Scope of Application
• Conclusion of Contract
• Right of Withdrawal
• Prices and Payment Terms
• Delivery and Shipping Conditions
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Special Conditions for the Processing of Goods According to Certain Customer Specifications
• Redemption of Promotional Vouchers
• Redemption of Gift Vouchers
• Applicable Law
• Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Christian Zapotoczny, acting under "WerbeDruckKL" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods 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 e-mail, fax, or online contact form.

2.3 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, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer 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 result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using 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.

2.5 When submitting an offer 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. e-mail, fax, or letter) after the Customer's order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, 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 when using SPAM filters.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. VAT does not apply, as the Seller is exempt from VAT as a small business owner. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g. purchase on account or installment payment), the Seller assigns their payment claim to PayPal or to the payment service provider specifically named to the Customer by PayPal. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations, and returns of withdrawal, or credit notes.

4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For payment processing, Stripe may use other payment services for which special payment conditions may apply, and the Customer may be separately informed of these. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 If 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 outbound shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the provisions of the Seller's withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is acting 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 carrier, the freight forwarder, or the person or institution otherwise 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 generally only pass to the Customer upon handover of the goods to the Customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall already pass to the Customer, even in the case of consumers, once the Seller has delivered the goods to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, 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.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts 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 consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by download
- by e-mail

6) Retention of Title
If the Seller makes advance payments, they shall retain title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

- the Seller has the choice of the type of subsequent performance;
- the limitation period for defect rights for new goods is one year from delivery of the goods;
- defect rights are excluded for used goods;
- the limitation period does not start again if a replacement delivery is made under the liability for defects.

7.2 The limitations of liability and shortening of time limits set out above shall not apply

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

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

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply with this, this shall have no effect on their statutory or contractual defect claims.

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

8.1 The Seller is liable without limitation for any legal reason

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

8.2 If the Seller negligently breaches an essential contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed pursuant to the above clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

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

9) Special Conditions for the Processing of Goods According to Certain Customer Specifications
9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing such as texts, images, or graphics in the file formats, formats, image, and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The procurement and acquisition of rights to this content are the sole responsibility of the Customer. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are infringed, especially copyright, trademark, and personality rights.

9.2 The Customer shall indemnify the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defense, including all statutory court and attorney's fees. 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.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or official prohibitions or offends common decency. This applies in particular in the case of the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.

10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller within the framework of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

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

10.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a Promotional Voucher will not be paid out in cash or bear interest.

10.8 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 framework of their statutory right of withdrawal.

10.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

11.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one Gift Voucher can be redeemed per order.

11.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.

11.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of representative authority of the respective holder.

12) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 31.08.2025, 11:13:03