General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects
  8. Liability
  9. Applicable Law

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Werbemittelagentur Hagemann GmbH (hereinafter referred to as the “Seller”) apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the integrated online order form. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, by clicking the final order button, the Customer submits a legally binding offer for the goods and/or services in the cart. Alternatively, the offer may also be submitted by fax or email.

2.3 The Seller may accept the Customer’s offer within five days by:

  • Sending a written or electronic order confirmation (fax or email), where receipt of the confirmation by the Customer is decisive;
  • Delivering the ordered goods, where receipt of the goods by the Customer is decisive;
  • Requesting payment from the Customer after placing the order.

If more than one of the above alternatives applies, the contract is concluded at the time the first alternative occurs. If the Seller does not accept the offer within the specified period, this is deemed a rejection, and the Customer is no longer bound by their declaration.

2.4 If the Customer chooses “PayPal Express” as the payment method, they simultaneously issue a payment order to PayPal by clicking the final order button. In this case, the Seller already declares acceptance of the Customer’s offer at the time the payment process is triggered.

2.5 The period for accepting the offer begins on the day after the offer is sent and ends at the end of the fifth day following the offer.

2.6 When placing an order via the Seller’s online form, the contract text is saved and sent to the Customer after submitting the order, along with the GTC, in text form (e.g., email, fax, or letter). Additionally, the contract text is archived on the Seller’s website and can be accessed by the Customer through their password-protected account if created before placing the order.

2.7 Before submitting the binding order, the Customer can correct their entries using the usual keyboard and mouse functions. All entries are displayed again before the final order and can be corrected again.

2.8 The contract language is exclusively German.

2.9 Order processing and communication are generally carried out via email and automated systems. The Customer must ensure the email address is correct and can receive emails from the Seller. Particularly, SPAM filters must not block such communications.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Detailed information can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated, prices are total prices including VAT. Any additional shipping costs are listed separately in the product description.

4.2 For deliveries outside the EU, additional costs (e.g., transfer fees, import duties) may apply, which are borne by the Customer.

4.3 Various payment options are available and specified in the Seller’s online shop.

4.4 When selecting payment by invoice, payment is due within 14 days without deductions unless otherwise agreed. The Seller reserves the right to perform a credit check and decline the payment option if necessary.

4.5 For payments via PayPal, processing is done by PayPal (Europe) S.à r.l. et Cie, S.C.A., under their terms and conditions: PayPal Terms

4.6 For credit card payments, the amount is authorized at the time of the order and charged when the goods are shipped. Information from Wirecard Bank AG per Article 13 GDPR can be found here:
Wirecard GDPR Info

5) Delivery and Shipping Conditions

5.1 Delivery is made to the address provided by the Customer unless otherwise agreed.

5.2 If delivery fails and is returned to the Seller, the Customer bears the return shipping costs unless they were not at fault or did not receive reasonable notice.

5.3 Risk of accidental loss or deterioration passes to the Customer upon delivery. For entrepreneurs, risk passes when the goods are handed over to the shipping company.

5.4 The Seller reserves the right to withdraw from the contract if their supplier fails to deliver through no fault of the Seller. The Customer will be informed promptly and refunded where applicable.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

6.1 For consumers, ownership remains with the Seller until full payment is received.

6.2 For entrepreneurs, ownership remains until all claims from the business relationship have been settled.

6.3 Entrepreneurs may resell goods in the ordinary course of business. Claims against third parties from such resale are assigned in advance to the Seller. The Customer remains authorized to collect the claims unless payment obligations are not met or insolvency proceedings are initiated.

7) Liability for Defects

In the case of defects, statutory provisions apply, except as specified below:

7.1 For entrepreneurs:

  • Minor defects do not constitute claims;
  • The Seller chooses the type of supplementary performance;
  • Warranty period for new goods is one year;
  • No warranty for used goods;
  • No new warranty period upon replacement delivery.

7.2 For consumers:

  • Two-year warranty on new goods;
  • One-year warranty on used goods (subject to clause 7.3).

7.3 Limitations do not apply to damages or expense claims under clause 8.

7.4 The statutory recourse under § 478 BGB remains unaffected.

7.5 For merchants, the obligations under § 377 HGB apply.

7.6 Consumers are encouraged (but not obliged) to report visible transport damage upon delivery.

7.7 If replacement delivery occurs, the originally delivered item must be returned within 30 days at the Seller’s expense.

8) Liability

8.1 The Seller is fully liable:

  • For intent or gross negligence;
  • For injury to life, body, or health;
  • Under a guarantee, if applicable;
  • Under mandatory liability laws (e.g., Product Liability Act).

8.2 For slight negligence of essential obligations, liability is limited to foreseeable, typical damages.

8.3 Further liability is excluded.

8.4 These rules also apply to agents and legal representatives of the Seller.

9) Applicable Law

9.1 German law applies. For consumers, this choice applies only if it does not reduce mandatory protection under the laws of their residence.

9.2 If the Customer is a merchant or public legal entity in Germany, the Seller’s location is the exclusive place of jurisdiction. If the Customer resides outside Germany, the Seller’s location remains jurisdictional if the transaction relates to commercial activity. The Seller may also bring action at the Customer’s place of business.