§ 2 Offer, Inquiry Process, and Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer by the Provider, but rather a non-binding invitation to the Client to submit an inquiry (invitatio ad offerendum). All offers provided by the Provider are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.

By completing the checkout process and submitting the form, the Client is merely submitting a non-binding inquiry. The receipt of this inquiry will be confirmed to the Client immediately via email (acknowledgment of receipt). This acknowledgment of receipt expressly does not constitute an acceptance of a contract, but merely serves to inform the Client of the technical receipt of the inquiry.

A legally binding contract only comes into effect if the Provider, after reviewing the inquiry, submits an individual, written offer to the Client (usually via email) and the Client accepts this offer within the period specified therein in writing or in text form (e.g., by confirmation via email or by signing an order form).

Supplements and amendments to the agreements made, including these General Terms and Conditions, must be in writing to be effective. With the exception of managing directors or authorized representatives, the Provider's employees are not entitled to make verbal agreements that deviate from this. Transmission via fax or email is sufficient to satisfy the written form requirement.

Information provided by the Provider regarding the subject of the delivery or service (e.g., weights, dimensions, utility values, load capacity, tolerances, and technical data) as well as representations of the same (e.g., drawings and illustrations) are only approximate unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed quality characteristics, but descriptions or identifications of the delivery or service. Customary deviations (especially minor color deviations in logo prints) as well as deviations that occur due to legal regulations or represent technical improvements are permissible, provided they do not impair usability for the contractually intended purpose.

§ 3 Prices and Payment Terms

The prices apply to the scope of services and delivery listed in the order confirmation or the individual offer. Additional or special services will be charged separately. Prices are stated in the respectively agreed currency (Euro [EUR], British Pound [GBP], or Polish Złoty [PLN]).

Customs and Import: All import duties and costs for customs clearance (e.g., for direct imports from Asia) are included in the price. The Provider assumes full processing and the costs of the import until delivery to the Client.

Value Added Tax (VAT): All prices are net prices. The respectively applicable statutory value added tax (VAT) will be charged additionally and is to be borne by the Client, unless an exemption (e.g., intra-community delivery with a valid VAT ID number) exists.

Unless explicitly agreed otherwise in writing, payment shall be made in two tranches:

• 60% of the total amount is to be paid as an advance payment immediately after the conclusion of the contract. Production or processing of the order begins only after full receipt of payment of this first tranche.
• 40% of the total amount is due after transmission of the shipping confirmation (dispatch advice) and is payable without deduction.

The decisive factor for the date of payment is the irrevocable receipt on the Provider's business account. Payments by check are not accepted.

If the Client is in default of payment, the Provider reserves the right to the following reminder procedure:

• After the due date, a first friendly payment reminder is sent.
• If payment is still not received, up to two further written reminders follow.
• If no payment is received after the third reminder, the Provider is entitled to hand over the claim to a collection agency for further recovery. The resulting costs and statutory default interest shall be borne by the Client.

Offsetting against counterclaims of the Client or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.

§ 4 Delivery, Delivery Time, and Print Preview

Unless otherwise agreed, delivery shall be made to the delivery address specified by the Client. The Provider assumes the organization of transport and customs clearance.

Deadlines and dates for deliveries and services promised by the Provider are always approximate unless a fixed deadline or a fixed date (fixed transaction) has been expressly promised in writing. The delivery period only begins after complete technical clarification of all details, receipt of the down payment (60%), and the granting of the print release by the Client.

The Provider is not liable for impossibility of delivery or for delivery delays insofar as these were caused by force majeure or other events unforeseeable at the time the contract was concluded (e.g., operational disruptions, transport delays by shipping companies, strikes, shortage of raw materials, official measures, or failure of suppliers to deliver correctly or on time). In such cases, the delivery deadlines shall be extended by the period of the disruption.

Liability in Case of Delay: If the Provider falls into delay with a delivery or service, liability for damages is excluded unless the Provider is guilty of intent or gross negligence. In any case, damages are limited to the foreseeable, typically occurring damage and a maximum of the order value. Indirect damages and lost profit of the Client are excluded from liability.

Over- or Under-deliveries: Technically related over- or under-deliveries of up to 10% of the ordered quantity are customary in the industry and permissible. The actual quantity delivered will be invoiced. Such deviations do not entitle the Client to refuse acceptance or to withdraw from the contract.

Print Preview: Before production begins, a digital print preview will be sent to the Client for review. The Client is obliged to immediately check this for accuracy (especially text, color, logo positioning) and to release it in writing. Upon release, the risk of any errors that were already recognizable in the print preview passes to the Client. The Provider is not liable for errors overlooked by the Client in the print preview.

§ 5 Shipping, Transfer of Risk, and Acceptance

Shipping Options and Logistics Routes: The Provider offers various logistics options as part of the inquiry process. The Client must bindingly select one of the following options as part of their inquiry:

• Express Shipping (Air Freight): Fastest possible delivery, usually via courier service.
• Standard Air Freight: Consolidated air transport for time-critical shipments.
• Truck Transport: Road transport within mainland Europe or adjacent regions.
• Rail Transport (Train): Intercontinental transport (e.g., "New Silk Road").
• Sea Freight (Ship): Cost-effective transport for large volumes with longer lead times.

Availability of Shipping Methods: The Provider expressly points out that not all types of delivery are available at all times and for every product. Availability depends on global logistics capacities, the production site, the weight of the goods, and geopolitical factors. Should the shipping method chosen by the Client become impossible after the conclusion of the contract for reasons for which the Provider is not responsible (e.g., cancellations of flight connections, port blockades, closure of rail routes), the Provider is entitled, after consultation with the Client, to switch to an alternative shipping method. Any additional costs resulting from this shall be borne by the Client, provided they agree to the change; otherwise, both parties have a right of withdrawal regarding the delivery concerned.

Determination by the Provider: If the Client does not make a specific selection of a shipping method or if the selection is unclear, the Provider shall determine the shipping method and the packaging at its reasonable discretion, taking into account the interests of the Client.

Transfer of Risk: Since the Provider assumes customs clearance and import, the risk of accidental loss or accidental deterioration of the goods only passes to the Client upon delivery of the goods to the freight forwarder, carrier, or other transporter designated for the final shipment (within Europe). If the Client chooses their own pick-up service or a specific logistics partner not offered as standard by the Provider, the risk passes to the Client upon delivery to said party.

Responsibility for Delays: The Provider is only responsible for the proper and timely delivery of the goods to the chosen transport company. The Provider assumes no liability for delays that fall within the responsibility of the carrier (e.g., strikes, logistics congestion, or misrouting by the parcel service). Any stated shipping duration is non-binding unless expressly agreed upon as a fixed date.

Storage Costs: If shipment is delayed due to circumstances for which the Client is responsible (e.g., default of acceptance, missing delivery data, or late payment of the second installment), the Provider is entitled to charge storage costs in the amount of 0.25% of the invoice amount per completed week.

Insurance: Transport insurance exceeding the standard liability of the carrier will only be concluded by the Provider upon express written request and at the expense of the Client.

Deemed Acceptance: The goods are deemed accepted if delivery has been made to the agreed address and the Client does not report significant defects in writing within ten business days of receipt. The use or distribution of the goods by the Client is equivalent to formal acceptance.

§ 6 Warranty and Material Defects

Warranty Period: The warranty period is shortened to 6 months from delivery or, insofar as acceptance is required, from the date of acceptance.

Duty to Inspect and Notify: The Client must inspect the goods immediately upon receipt. Obvious defects must be reported to the Provider in writing within five business days of delivery, including supporting evidence (e.g., photos). If the notification is not made within the deadline, the goods shall be deemed approved and any warranty claims shall expire.

Priority of Negotiated Solution: In the event of justified defects, the sole right to choose the type of remedy lies with the Provider. The Client acknowledges that due to the specificity of promotional products and international supply chains, a solution through an appropriate price reduction (discount) is primarily to be sought. Repair or replacement delivery shall only take place at the Provider's sole discretion and insofar as this is economically reasonable.

Limitation of Defect Rights: Withdrawal from the contract is excluded unless the defect is so significant that the goods are objectively unusable for the intended purpose. Minor deviations in color, material quality, or execution (especially industry-standard tolerances in printing and production processes) do not constitute a defect.

Returns: The return of complained goods is only permitted with the express written authorization of the Provider. The Provider is entitled to carry out the defect inspection in advance based on photos or samples.

Exclusion of Liability for Self-Action: The warranty expires completely if the Client or a third party makes changes to the goods without the Provider's written consent (e.g., additional finishing, repackaging).

§ 7 Limitation of Liability and Indemnification

General Disclaimer: The Provider is liable, regardless of the legal grounds (whether in contract, tort, strict liability, or otherwise), only for damages caused by intentional or grossly negligent behavior of the Provider, its legal representatives, or senior executives. Liability for simple negligence is excluded unless there is a breach of cardinal obligations (essential contractual duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Client may regularly rely).

Limitation of Liability to Order Value: In the event of a breach of cardinal obligations through simple negligence, the Provider's liability is limited in amount to the damage typical for the contract and foreseeable at the time of the conclusion of the contract. The parties expressly agree that this maximum liability amount is in any case limited to the net total value of the respective individual order (the order value of the affected delivery).

Exclusion of Consequential Damages: Under no circumstances shall the Provider be liable for indirect damages, incidental damages, collateral damages, special damages, or consequential damages. This includes in particular, but is not limited to: lost profit, loss of revenue, business interruptions, costs for substitute performance by third parties, loss of image, or damages resulting from the cancellation of events or marketing campaigns, even if the Provider was informed of the possibility of such damages.

Liability for Data Loss: In the event of a loss of data (e.g., transmitted print data), the Provider is liable only for the effort that would have been required for restoration if the Client had performed proper data backups.

Statute of Limitations: Claims for damages by the Client expire within six months of knowledge of the damage, but no later than six months after the complete processing of the order.

Statutory Reservations: The above limitations of liability do not apply in the event of injury to life, body, or health, in the case of fraudulent concealment of defects, or in the event of the assumption of an express quality guarantee, as well as for claims under the Product Liability Act.

§ 8 Data Protection, Tracking Technologies, and Consent

Data Processing: The Provider collects, processes, and uses personal data (in particular contact data, order data, and usage data) in strict compliance with applicable data protection laws (in particular the GDPR) as well as internal data protection guidelines. Data processing is primarily carried out for contract fulfillment, invoicing, and the processing of inquiries.

Use of Analysis Tools: For the purpose of demand-oriented design, optimization of the user experience, and analysis of shop performance, the Provider uses various tracking and analysis tools on the website werbegeschenk.eu, in particular:

• Google Tag Manager (GTM): For managing website tags.
• Google Analytics: For the statistical evaluation of website usage.
• Microsoft Clarity: For analyzing user behavior (e.g., heatmaps, session recordings). By using the website and submitting an inquiry, the Client agrees to the collection and analysis of data by these tools, provided they have not refused or revoked their consent via the provided consent management tool (cookie banner).

Data Transfer to Third Countries: The Client acknowledges that the use of these tools and operation by a US LLC may result in data being transferred to the USA or other third countries. The Provider ensures that appropriate protective mechanisms (e.g., EU Commission standard contractual clauses) are in place for this purpose.

Reference to the Privacy Policy: Detailed information about the type, scope, and purpose of data collection as well as the rights of the Client (information, deletion, revocation) can be found in the separate privacy policy. This is permanently accessible via the following link and in the footer of the website: Privacy & Cookies

§ 9 Miscellaneous Provisions, Copyright, and Statutory Obligations

Intellectual Property and Copyright: All copyright usage rights and industrial property rights in sketches, graphics, designs, originals, and in particular the digital print preview created by the Provider remain exclusively with the Provider, unless expressly agreed otherwise in writing. The Client is prohibited from using these designs or previews for their own purposes, reproducing them, or passing them on to third parties (in particular competing companies of the Provider).

Reference Advertising: The Provider is entitled to use the name and logo of the Client as well as the goods manufactured as part of the order as a reference for its own advertising purposes (e.g., on the website werbegeschenk.eu, in portfolios, or on social media channels). The Client may object to this use in writing at any time.

Liability for External Links: The Provider assumes no liability or warranty for the content of external websites linked to within the online shop. The Provider does not adopt these contents as its own; the respective operators are solely responsible for the content of the linked pages.

Note on Battery Legislation & Disposal: Insofar as the delivered goods contain batteries, accumulators, or electronic components (e.g., power banks, electronic promotional items), the Client, as a commercial end-user, is responsible for proper disposal in accordance with the local statutory provisions of their country (e.g., EU directives). Return to the Provider shall only take place within the scope of the statutory minimum obligations; the costs of the return shipment shall be borne by the Client.

Protection of Minors for Special Items: If an inquiry includes alcoholic beverages or tobacco products, the Client confirms by sending the non-binding inquiry that they and the intended recipient have reached the minimum age required by law for purchase. The Provider reserves the right to request proof of age before concluding the contract.

Severability Clause: Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a regulation shall be deemed agreed upon that comes closest to the economic purpose of the original provision.

§ 10 Governing Law, Jurisdiction, and Contractual Gaps

Governing Law: The entire legal relationship between the Provider and the Client is exclusively subject to the laws of the State of Wyoming, USA, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding international private law (conflict of laws), insofar as this is legally permissible.

Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with the business relationship is the Provider's registered office in Wyoming, USA. However, the Provider is also entitled to sue the Client at the Client's general place of jurisdiction (Client's registered office).

Language Version: These General Terms and Conditions are provided in several languages. In the event of discrepancies, questions of interpretation, or contradictions between the language versions, the German version shall be exclusively prevailing.

Contractual Gaps (Severability Clause): Insofar as the contract or these T&Cs contain gaps, those legally effective regulations shall be deemed agreed upon to fill these gaps which the contracting partners would have agreed upon according to the economic objectives of the contract and the purpose of these T&Cs if they had been aware of the gap. The invalidity of individual provisions does not affect the validity of the remaining provisions.