General Terms and Conditions
§ 1 Scope
- These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the Footprinter company, owner Maximilian Krautwig, Flughafen-Riem-Str. 56, 81829 Munich, phone: +49 (0) 173 151 72 99, email: mail(at)footprinter.net, and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
- All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
- The version of the GTC that is valid at the time the contract is concluded is decisive.
- We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of Contract
- The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
- By sending an order via the online shop by clicking on the payment button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order.
- We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
- A contract is only concluded when we accept your order with a declaration of acceptance or by delivering the ordered items.
- If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Terms of Delivery and Reservation of Payment in advance
- We are entitled to make partial deliveries if this is reasonable for you.
- The delivery period is approximately 8 working days, unless otherwise agreed. It begins ‒ subject to the provision in paragraph 3 ‒ with the conclusion of the contract.
§ 4 Prices and Shipping Costs
- All prices in our online shop are final prices. As a small business, we are exempt from sales tax according to § 19 UstG. Sales tax is therefore not shown.
- The shipping costs are specified in our price information in our online shop. The price and shipping costs incurred are also displayed in the order form before you send the order.
- If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.
§ 5 Terms of Payment and Set-Off and Right of Retention
- The purchase price and shipping costs are due for payment immediately.
- You can pay the purchase price and the shipping costs of your choice only with the payment options offered by us.
- You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
- As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.
§ 6 No Right of Withdrawal
In principle, consumers have the right to revoke the concluded contract within fourteen days without giving reasons. However, there is no possibility of revocation towards Footprinter because the contract concluded with us is an exception to this regulation in accordance with § 312 g Para. 2 No. 1 BGB. Accordingly, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
§ 7 Warranty
- We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434, 633 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
A product that is already defective upon delivery (warranty case) will be replaced by Footprinter at the customer's option and at Footprinter's expense with a product that is free of defects. The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk.
A warranty case does not exist in the following cases in particular:
- in the event of damage caused by misuse or improper use by the customer,
- in the event of damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
Furthermore, Footprinter does not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer. If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance ‒ with particular reference to the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer ‒ the customer's claim is limited to the other type of subsequent performance. Footprinter's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected. In the event of a replacement delivery, the customer is obliged to document the defects in the product in writing and with photographs and to report them by email to mail(at)footprinter.net, stating the order number. The customer can choose to withdraw from the contract or reduce the purchase price if the type of supplementary performance to which the buyer is entitled has failed or is unreasonable for him. A subsequent improvement is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. Otherwise, the statutory regulations apply.
§ 8 Liability
- We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
- In other cases, we are only liable ‒ unless otherwise regulated in paragraph 3 ‒ in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), and although limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
- Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Specialties of Prints
- When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogs and other written and electronic documents with regard to quality, colour, weight, dimensions, design or similar features, insofar as these are reasonable for the customer. Reasonable reasons for changes can result from customary fluctuations and technical production processes.
- Footprinter expressly points out that the final product may vary slightly in color from the item preview displayed. The size of such a deviation is highly dependent on the quality of the display device used (e.g. monitor, smartphone, etc.). Footprinter therefore recommends using a calibrated display device or at least viewing the desired item on two different devices. Due to the complexity of this situation, minor color deviations are generally excluded from the complaint. Such replacement requests are therefore only a gesture of goodwill and will be decided on a case-by-case basis.
§ 10 Copyrights
- If you submit your own motif or otherwise influence the print you have designed (personalization), you assure that the text and motif are free of third-party rights. In this case, you will be fully responsible for any copyright, personality or naming rights violations. You also assure that you will not infringe any other rights of third parties by customizing the product.
- You release us from all demands and claims that are asserted due to the violation of such rights of third parties, insofar as you are responsible for the breach of duty. You will continue to reimburse incurred defense costs and other damages.
- We have copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
- The intended use of Footprinter products includes private, non-commercial use. Commercial use and making copies of the products are not permitted without the written permission of the copyright holder.
- Data from OpenStreetMap is used to create articles with map material. OpenStreetMap data is released under the "Open Database License (ODbL) 1.0" license (https://opendatacommons.org/licenses/odbl/). For more information see http://www.openstreetmap.org/copyright.
- Mapbox services are also used to create articles with map material. For more information follow the Link.
§ 11 Voucher
- You have the option of purchasing vouchers. Vouchers are sent by e-mail and can be redeemed in the ordering process by entering the voucher code for each product offered. The purchase of further vouchers is excluded from this. One voucher can be used per order. The voucher can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
- There is no payment or interest on the value of the voucher or the residual value of a voucher that has already been used. If only a partial amount of a voucher is redeemed, the value of the voucher is reduced by the part used.
- The voucher and any remaining credit can be redeemed up to the end of the third year after the year in which the voucher was purchased.
- The voucher is transferrable. The voucher code can only be redeemed once. We can make delivery to the respective owner with discharging effect.
§ 12 Governing Law and Venue
- The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
- If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
§ 13 Consumer Arbitration
- The European Commission has provided a European platform for online dispute resolution ("OS platform"). The OS platform can be accessed on the Internet at Internet address http://ec.europa.eu/consumers/odr/.
- We are neither obliged nor willing to participate in this process.