Terms of service
1. Scope of application
Our online shop is aimed exclusively at entrepreneurs.
In addition to checking your entrepreneurial status as part of the order process, we are entitled to demand proof of your entrepreneurial status by submitting suitable and up-to-date documents, e.g. an extract from the commercial register or business registration.
These GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The contract of sale is concluded with Bannerhero GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle you have the possibility of the collection with Bannerhero GmbH, Wolfener Str. 36 - gate 2 exit X, 12681 Berlin, Germany during the following business hours: 9:00 - 17:30 o'clock.
We do not deliver to packing stations.
If the product you ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own, despite placing a congruent order, we will inform you immediately in the order confirmation. We shall thereby be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will refund them immediately.
Subject to our own supply, we will ensure rapid delivery. If a part of the order is not immediately available because we are not supplied in time by our reliable supplier without our fault despite placing a congruent order, we will deliver the remaining goods without re-calculation of the shipping costs, insofar as this is reasonable for you.
You agree to the transmission of all invoices by e-mail. The consent can be revoked at any time. In the event of default in payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate and a lump sum of 40 euros. Further claims remain unaffected by this. The following payment methods are available in our shop:
Cash payment upon collection, PayPal, PayPal Plus (with PayPal, credit card, direct debit, invoice), IMMEDIATELY bank transfer, prepayment
You are only entitled to a right of set-off if your counterclaim is in a mutual relationship with our main claim, is not disputed by us or has been legally established.
You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.
6. Retention of title
We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other objects, we shall acquire co-ownership of the new object in proportion to the value of the reserved goods to the other processed objects at the time of combination or mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We will release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.
7. Transport damage
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply.
The sale of used goods is subject to the exclusion of any warranty.
The following applies to the sale of newly manufactured goods: The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. Only our own data and the product descriptions of the manufacturer, which were included in the contract, are considered as an agreement on the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a warranty by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery) at our discretion. The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- insofar as the scope of application of the Product Liability Act has been opened up, or
- within the scope of a guarantee promise, if agreed.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:30 p.m. on 030 2100 23 98 or by e-mail at email@example.com
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
Code: Trusted Shops Quality Criteria
11. Concluding provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.