General Terms and Conditions with Customer Information

The following GTC also contain statutory information about your rights under the regulations on distance contracts and electronic commerce.

§ 1 Scope, Customer Information

The following general terms and conditions govern the contractual relationship between Heldenwerbung GmbH and the consumers and entrepreneurs who purchase goods via our shop Button-King. Conflicting or deviating terms and conditions from our terms and conditions will not be recognized by us. The language of the contract is German.

§ 2 Conclusion of Contract

(1) The offers on the Internet constitute a non-binding invitation to you to purchase goods.

(2) You can place one or more products in the shopping cart. During the ordering process you enter your data and preferences regarding payment method, delivery modalities etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone.

(3) We are entitled to accept the offer submitted via the Internet within 1 working day by sending an order confirmation by e-mail. After the unsuccessful expiry of the period mentioned in sentence 1, your offer is deemed to be rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if your offer is accepted by us immediately. If the offer is not accepted immediately, you are no longer bound by it either.

§ 3 Customer information: Storage of your order data

Your order with details of the concluded contract (e.g. type of product, price etc.) will be stored by us. We will send you the GTC; however, you can also access the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area My Account.

§ 4 Customer information: Correction notice

You can correct your inputs at any time before placing the order using the delete key. We inform you during the ordering process about further correction options. You can also terminate the ordering process at any time by closing the browser window completely.

§ 5 Retention of title

The delivered goods (reserved goods) remain the property of the seller until full payment of all claims arising from this contract. The buyer undertakes, as long as ownership has not yet passed to him, to treat the reserved goods with care and to insure them at his own expense against fire, water and theft damage sufficiently at new value. The buyer is not entitled to pledge the reserved goods to third parties or to transfer them as security. However, the buyer is entitled to use the reserved goods and to resell them in the ordinary course of business, as long as he is not in default with his payment obligations. The claims arising from the resale against his business partners are assigned by the buyer to the seller as security. The seller accepts the assignment. The seller revocably authorizes the buyer to collect the claims assigned to the seller for the seller's account in the buyer's own name. The seller's right to collect the claims himself is not affected by this. However, the seller will not collect the claims himself and will not revoke the collection authorization as long as the buyer properly fulfills his payment obligations. If the buyer behaves in breach of contract towards the seller, in particular if he defaults on his payment obligations, the seller may require the buyer to disclose the assigned claims and the respective debtors, to notify the respective debtors of the assignment and to hand over to the seller all documents and to provide all information which the seller needs to assert the claims. The processing or transformation of the reserved goods by the buyer is always carried out in the name and on behalf of the seller. If the reserved goods are processed with other items that are not the property of the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items not owned by the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combination or mixing is done in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to the seller. The seller accepts this transfer. The buyer will store the thus created sole ownership or co-ownership of the item for the seller. If the reserved goods are seized or exposed to other interventions by third parties, the buyer is obliged, as long as ownership has not yet passed to him, to point out to the third party the seller's ownership rights and to notify the seller in writing without delay so that the seller can enforce his ownership rights. The buyer is liable to the seller for the judicial or extrajudicial costs incurred in this connection, unless the third party is able to reimburse these costs to the seller. The seller undertakes, at the buyer's request, to release the securities to which he is entitled to the extent that the realizable value exceeds the value of the outstanding claims against the buyer by 10%.

§ 6 Limitation of your warranty claims

(1) There are statutory defect liability rights for our goods.

(2) Warranty to consumers for used goods

Your claims for defects in used items expire one year from the handover of the sold item to you. Excluded from this regulation are claims for damages, claims for defects which we fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the item. For these excluded claims the statutory limitation periods apply.

(3) Warranty to entrepreneurs

Your warranty claims for defects of the purchased item expire one year from the transfer of risk. Excluded from this regulation are claims for damages, claims for defects which we fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the item. Also excluded is the right of recourse under § 478 of the German Civil Code (BGB). For these excluded claims the statutory limitation periods apply.

§ 7 Limitation of liability

We exclude liability for slightly negligent breaches of duty, provided that these do not concern contractual essential obligations, damages from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty of our vicarious agents and our legal representatives. Contractual essential obligations include in particular the obligation to hand over the item to you and to procure ownership of it for you. Furthermore, we must procure the item for you free from material and legal defects.

§ 8 Rights to uploaded motifs and graphics

In order to personalize his product, the client of Heldenwerbung GmbH can upload photos, graphics and motifs in the webshop. The client hereby assures that he does not infringe any third-party rights in doing so. In the event of breaches of duty, the client shall indemnify Heldenwerbung GmbH from all claims of third parties, provided he is responsible for the infringement. If Heldenwerbung GmbH incurs costs or damages as a result of the client's breach of duty, the client is obliged to reimburse these costs and damages to Heldenwerbung GmbH.

§ 9 Mention as reference and specimen copy

Heldenwerbung GmbH reserves the right, without the express consent of the client, to retain specimen copies for quality assessment and to send these as samples. In addition, we reserve the right to publish photos of the produced buttons on our website. If the client does not want to be mentioned as a reference or does not want a reference sample to be retained, the client shall inform Heldenwerbung GmbH of this.

§ 10 Commercial place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.

§ 11 Consumer information: Non-participation in a dispute resolution procedure

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.