General Terms and Conditions
1.) Scope of Application
The present General Terms and Conditions (referred to as “T&C” hereinafter) shall apply to the relationship between you and us regarding your purchase from dailybuttons.
The website is provided by:
(defined as „we” or “us” hereafter).
Contradicting or additional terms and conditions of the customer shall not become part of the contract.
2.) Distinction between Entrepreneurs and Consumers
Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
„Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
„Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
3.) Customer Account
In order to enjoy a more convenient use of the online shop, you can open a customer account. Registrants are obliged to enter complete and correct information. No information concerning third persons may be used without such persons’ consent. Multiple registrations are not permitted.
You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
4.) Conclusion of Contract, Contract Languages
- The presentation of our goods on the website shall not constitute a binding offer by us. Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order you will see an overview with your order information. Within the menu of the aforesaid order overview you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us. Once we received your purchase order we will promptly send you an email for confirmation of your purchase order (order confirmation). By your receipt of such order confirmation the contract will be concluded.
Languages made available for conclusion of the contract are English and German.
5.) Storage of the Provisions of the Contract
The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print out the a.m. documents by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The provisions of the contract including the present Terms and Conditions are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
6.) Prices, Shipping Costs
a. The prices featured on our website include VAT.
b. Where fees for delivery or shipment are charged, such fees are indicated in the product description on the website.
c. Where advance payment is agreed, payment is due to be made upon conclusion of the contract without undue delay.
7.) Cooperation of Customer
The customer timely submits designs for the manufacture of the products.
You guarantee that you are free to make us the content of the sample(s) available for the manufacturing of the products hereunder and to make such products available to you thereafter. You further guarantee that such aforesaid use of the content of the sample(s) by us does not infringe any rights of 3rd parties. Rights of 3rd parties within the aforesaid meaning include without limitation trademark rights design rights, moral rights, personality rights, name rights and/or copyrights.
If you are an Entrepreneur the following shall apply:
Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes, force majeure or delays of our suppliers, the time period for performance shall be prolongued correspondingly. Should we not be able to perform even after adequate prolongation, the customer and we ourselves shall be entitled to terminate the contract.
9.) Retention of Title
a. If you are a Consumer the following shall apply:
We shall retain title in the goods delivered by us until full payment.
b. If you are an Entrepreneur the following shall apply:
We shall retain title in the goods delivered to the customer until we will have received any and all payments under the business relationship with that customer (Goods Delivered Under Retention of Title). We shall release such aforesaid securities upon the Customer’s request to such extent as the value of our securities exceeds the value of the secured debt of the Customer at more than 10%; in such event we shall be entitled to select, at our free discretion, the securities which are to be released.
The Customer shall be entitled to sell the Goods Delivered Under Retention Of Title to third parties within the ordinary course of business; however, the Customer hereby already assigns to us any and all claims accruing to him from such resale to third parties.
10.) Claims arising from Defects/ Warranty
a. Warranty in relation to Consumers:
Our warranty obligations shall be such as provided for under the applicable laws.
b. Warranty in relation to Entrepreneurs:
Where the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code (“Handelsgesetzbuch”, abbr. “HGB”), it shall examine the goods after receipt without undue delay. It shall, after receipt of the goods, notify us of apparent defects without undue delay or – should the defect become apparent only at a later point of time – without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the Customer’s rights. Should such notice not be given or not be given in time, the goods shall be deemed approved. This shall not apply where we fraudulently concealed the defect.
If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or – in case of significant defects – to terminate the contract
The warranty period for Customer’s claims regarding defects of the goods shall be one year from delivery of same to the Customer. This shall not apply to Customer’s claims for damages directed at a compensation for a bodily injury or for an injury to health, and based on a defect for which we are responsible, or on gross negligence of us or of a person assisting us in the performance of our obligations; such claims shall be subject to the applicable limitation period provided for under the applicable laws.
11.) Use of Buttons for Reference Purposes
We shall be entitled to use, for reference purposes, buttons manufactured on the basis of designs submitted to us by the Customer. Designs submitted to us shall, however, not be used for manufacture of buttons for other customers.
12.) Liability Limitation
Our liability for damages shall be subject to the following:
In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”).
13.) Choice of Law, Jurisdiction
German law shall apply exclusively. The UN sales convention shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
For dealings with merchants the courts of our place of business (Berlin) shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the Customer’s location instead.