Terms and Conditions (T&Cs)
§ 1 Scope of Application
These General Terms and Conditions (GTC) contain the exclusive terms between you and us, the company Die Druckproduzenten GbR, Wachtelstr. 12, 41472 Neuss, in relation to our online shop www.meinepappfigur.de, unless otherwise modified by a written agreement between you and us. Any changes to these terms will be communicated to you via email. If you do not object within 4 weeks after receiving the notice of change, the changes will be deemed accepted. We will specifically highlight your right to object and the consequences of silence in the change notification.
§ 2 Registration as a User
Registration in our online shop is free of charge. There is no entitlement to be admitted to our online shop. Only legally capable individuals who are at least 18 years old are eligible to register. For registration, you must complete the registration form available on our website electronically. The required data for registration must be provided completely and truthfully. Upon registration, you choose a personal username and password. The username must not infringe on the rights of third parties, nor on any other name or trademark rights, or on good morals. The password must be kept confidential and must not be shared with third parties. Apart from agreeing to these General Terms and Conditions, your registration in our online shop entails no obligations. In particular, you are not obliged to use the goods and services we offer. If your personal details change, you are responsible for updating them. All changes can be made online anytime after logging in under “My Account.”
§ 3 Conclusion of Contract
Your order constitutes an offer to us for the conclusion of a purchase contract. When you place an order, we will send you an email confirming the receipt of your order and detailing the order (order confirmation). This order confirmation does not constitute acceptance of your offer but merely informs you that your order has been received and is being processed. A purchase contract is only concluded once we ship the ordered product to you and confirm the shipment of the goods via email (shipping confirmation). No purchase contract is concluded for products not listed in the shipping confirmation. Please note that we sell and deliver all products only in commercially reasonable quantities. This applies to both the number of products ordered within a single order and the placing of multiple orders for the same product, where each individual order includes a commercially reasonable quantity.
§ 4 Payment Methods, Price Information
The delivery of goods is exclusively against prepayment. The purchase price is due immediately upon ordering. Payment for the goods is made either by prepayment or through the payment services offered by us (e.g., PayPal). All prices stated by us include the statutory VAT. Any applicable shipping and packaging costs are listed during the order process and will be separately stated on the invoice.
§ 5 Special Conditions for the Service “Printing”
With our order confirmation, we will send you the FTP login details (login name, password) with which you can log in to our website and upload the data required for printing. To upload data to our website, you will need an FTP program (e.g., FileZilla). Please note that the login details we provide are only valid for a period of two weeks from the receipt of the order confirmation and will be permanently deleted afterward. Your order will be canceled, and any payments made by you will be refunded. We do not check or optimize the data you provide for suitability for the printing process you have chosen. Your data will be stored by us only for the duration of processing your order and will then be permanently deleted. We are not liable for the loss or damage of the data provided to us. For this reason, we recommend that you create backup copies of all data transmitted to us. In all our manufacturing processes, minor color deviations from the original and changes in the print image—such as through lamination or coating—are considered contractual and do not entitle you to assert claims for defects. This also applies to deviations of other templates (e.g., digital proofs, prints) from the final product. By transmitting the data to us, you guarantee that you are the rightful owner of the data and that the processing and reproduction of this data do not infringe upon the rights of third parties (in particular, copyright, trademark, and industrial property rights). You are obliged to indemnify us in full from any third-party claims arising from such a legal violation and to compensate us for any damage resulting from such a violation.
§ 6 Delivery
Deliveries are generally only possible within the listed countries: Germany, Belgium, Denmark, Finland, France, Luxembourg, Netherlands, Sweden, Switzerland, and Austria.
If you wish to have a delivery to a foreign country, we will gladly try to assist you. In these cases, we kindly ask you to contact us in advance. Unless otherwise agreed, the delivery will be made to the address you provided. We are entitled to make partial deliveries to a reasonable extent. On our website, you may find information about the availability of the products we offer. We would like to point out that all information regarding availability and shipping of products is merely an estimate and approximate guideline and does not represent binding shipping or delivery dates. If, during the processing of your order, we find that the products you ordered are unavailable, we will inform you by email. If we are unable to deliver the goods through no fault of our own, for example, because our supplier does not deliver or cannot deliver, we are entitled to withdraw from the contract. In such cases, we will immediately inform you that the ordered product is unavailable and refund any payments you have made.
§ 7 Retention of Title
All goods delivered by us remain our property until full payment has been made.
§ 8 Right of Withdrawal
If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), you have the right to withdraw from the contract. For the conditions and legal consequences of exercising the right of withdrawal, please refer to the withdrawal instruction in the appendix.
§ 9 Warranty, Liability
For our “Printing” services, the special warranty and liability conditions mentioned in § 6 apply additionally. Otherwise, the following conditions apply. If the goods delivered by us are defective, we are entitled, at our discretion, to either remedy the defect or deliver a new, defect-free item. If the supplementary performance fails, you may either reduce the purchase price or withdraw from the contract. Liability for defects that do not or only insignificantly impair the value or usability of the goods is excluded. Defects in part of the delivered goods do not entitle you to complain about the entire delivery, unless a partial delivery is of no interest to you. The assertion of claims for damages is generally excluded; this does not apply if we have acted intentionally or grossly negligently or violated essential contractual obligations. In cases of simple negligence and violation of essential contractual obligations, liability for damages is limited to the foreseeable, typical contractual damage. If statutory liability is excluded or limited, this also applies to our employees and our vicarious agents. The above-mentioned exclusions of liability do not apply in case of injury to life, body, or health. Statutory liability under the Product Liability Act remains unaffected.
§ 10 Disclaimer for External Links
We provide links to other websites on the internet. We hereby expressly state that we have no influence on the design or content of the linked pages. Therefore, we hereby distance ourselves from all content of the linked pages and do not adopt their content as our own. This statement applies to all links on our website and to all content of the pages to which these links lead.
§ 11 Image Rights
The images, logos, and trademarks used on our website, including product images, are protected both nationally and internationally. The corresponding trademark, copyright, and licensing rights belong to us, our partners, or the respective manufacturers. The use of the images, logos, and trademarks without the prior written consent of the respective rights holder is not permitted.
§ 12 Jurisdiction
If you do not have a general place of jurisdiction in Germany, or if you move your residence abroad after the conclusion of the contract, or if your residence is unknown at the time the lawsuit is filed, the place of jurisdiction for all disputes is the location of our company in Neuss. This jurisdiction also applies if you are a merchant or a legal entity under public law.
§ 13 Final Provisions
Any changes or additions to these Terms and Conditions must be made in writing to be legally effective. This also applies to any change to the written form requirement. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should any provision of this contract be or become ineffective, or should the contract contain a gap, the remaining provisions shall remain in effect. In the event of the ineffectiveness of a provision, it will be replaced by a legally permissible provision that most closely aligns with the economic intent of the parties. The same applies to fill any gaps in the contract accordingly.
§ 14 CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT
The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activity, § 13 BGB.
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Druckproduzenten GbR, Wachtelstr. 12, 41472 Neuss, Tel: +49 (0) 221 845 666 55, Fax: +49 (0) 221 845 666 59, ) by means of a clear statement (e.g. a letter sent by post, a fax, or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract.
We will use the same payment method for this reimbursement that you used for the original transaction, unless expressly agreed otherwise with you. In no case will we charge you any fees for this reimbursement.
We may refuse the reimbursement until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us (Druckproduzenten GbR, Wachtelstr. 12, 41472 Neuss, Tel: +49 (0) 221 845 666 55, Fax: +49 (0) 221 845 666 59, ) without delay and in any case no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods.
You will only be liable for any loss in value of the goods if this loss in value is due to handling the goods beyond what is necessary to examine their nature, characteristics, and functioning.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts:
- for the delivery of goods that are not pre-made and for the production of which the consumer’s individual selection or specification is decisive, or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
- for the delivery of goods that, by their nature, are inseparably mixed with other goods after delivery,
- for the delivery of alcoholic beverages whose price was agreed at the time of the contract, but which cannot be delivered until at least 30 days after the conclusion of the contract, and whose current value depends on fluctuations in the market that the entrepreneur cannot influence,
- for the delivery of sound or video recordings or computer software in sealed packaging, if the seal has been removed after delivery,
- for the delivery of newspapers, magazines, or illustrated magazines, except for subscription contracts,
- contracts for the delivery of goods or the provision of services, including financial services, whose price depends on fluctuations in the financial market, which the entrepreneur cannot influence and which may occur within the withdrawal period, especially services related to stocks, shares in open investment funds under § 1 paragraph 4 of the Investment Code, and other tradable securities, currencies, derivatives, or money market instruments.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court settlement procedure before a consumer dispute resolution body.