General Terms and Conditions

1. Scope of Application

1. These General Terms and Conditions (hereinafter referred to as "GTC") of the company Personello GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
2. For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
3. A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
4. A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Conclusion of the Contract

1. The customer can place the desired items in the shopping basket by clicking on the corresponding button and then initiate the order process by clicking on the shopping basket. During the ordering process, the customer must enter the required contact details for shipping and payment and finalise the order by clicking the "Buy" button.
2. If the customer selects PayPal Express as the payment method during the order process, the customer also issues a payment order to their payment service provider by clicking the "Buy" button at the end of the order process.
3. The customer can correct input errors, in particular goods mistakenly placed in the shopping basket, by entering the desired quantity in the shopping basket and using the available buttons. In the order process, the customer can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.
4. The presentation of the products in the Personello online shop represents a non-binding invitation to the customer to place an order. By placing an order, the customer submits a binding offer to conclude a contract for the items contained in the shopping basket. Personello will automatically confirm receipt of the order by e-mail without delay. The contractual relationship is concluded by this automated order confirmation.
5. The purchase contract is concluded with Personello GmbH, Zum Lokschuppen 1, 66424 Homburg, Germany.
6. The English language is exclusively available for the conclusion of the contract.

3. Right to Cancel

1. Consumers are entitled to the right to cancel.
2. Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.
   Right of withdrawal

4. Prices and Payment Conditions

1. The prices valid on the day of the order as displayed in the online shop shall apply.
2. The prices displayed in the online shop are quoted in euros and include statutory VAT.
3. If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date.
4. The prices displayed in the online shop do not include shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping basket overview before the order is placed..

5. Terms of Payment

1. Personello only accepts the payment methods offered in the online shop during the order process. The customer chooses his preferred payment method from the available payment methods.
2. If a delivery is made against prepayment by bank transfer, the customer must transfer the payment of the purchase price plus any delivery and shipping costs incurred to the seller before delivery. Production will start after receipt of the full invoice amount on Personello's account and the order will be dispatched as soon as possible after completion.
3. If payment is made by instant bank transfer, the customer must have an authorised online banking account with PIN/TAN procedure. At the end of the order process, the customer is asked to enter his account number, bank code, PIN and TAN in the form pre-filled by the seller (bank details, transfer amount, purpose). Immediately afterwards, the transaction is confirmed to the customer.
4. If payment is made by credit card, the debit is initiated with the order confirmation. All credit card transactions are processed by Nexi Germany GmbH, Helfmann-Parl 7, 65760 Eschborn, Germany. Payment is possible with the following credit cards: VISA, MasterCard and American Express.
5. If payment is made via PayPal Express, the customer must have a PayPal account and legitimise himself with his access data. The customer must then go through the PayPal payment process and confirm the payment to the seller.
6. If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.
7. If payment is made using a Personello voucher, the nominal value of the voucher will be taken into account at the time of payment and deducted from the order value of the shopping basket. Personello vouchers are value vouchers that have a specific nominal value in euros. Personello vouchers authorise the holder to use this voucher as a means of payment for the purchase of Personello products in the Personello shops in the amount of the nominal value. If the nominal value is higher than the value of the shopping basket, only the value of the shopping basket will be charged. The remaining value of a voucher can be used for another order as long as it is valid. Payment of the nominal value or the residual value of a Personello voucher is excluded.

6. Shipment and Delivery Conditions

1. The goods shall be delivered within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
2. The production and delivery time is stated separately for the respective item or in the product description on the item page. If different products with different production times are purchased together, the longest production time shall apply. The calculation of the production and delivery time is indicated in the shopping basket before the order is placed.
3. The production and delivery time stated on the product page begins on the working day after the payment has been credited to Personello's account when paying in advance or on the working day after the day the contract is concluded for all other payment methods.
4. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5. Personal collection is not possible for logistical reasons.
6. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

7. Rights of use, industrial property rights of third parties

1. The exclusive rights of use and exploitation of all copyright services provided by Personello (e.g. photo collages and/or artistic image creations) shall remain with Personello, unless the transfer of the exclusive rights of use and exploitation is indispensable to achieve the contractual purpose pursued by the customer and recognisable to Personello.
2. The customer shall not receive an independent right of use, separate from the product, to the designs, layouts and motifs created or adapted by Personello or originating from Personello's standard motifs and which the customer has selected for application to the product(s).
3. The customer shall not receive a simple right of use to drafts or proofs or technical drawings which Personello provides to the customer for review and approval.
4. The customer may not remove or redesign copyright notices, trademarks or other references to Personello as the responsible designer of the service.
5. The customer shall indemnify Personello upon first request against claims for damages and reimbursement of costs by third parties based on the fact that motifs or logos or other templates for use within the contract were provided to Personello by the customer.
6. Personello shall not check motifs, logos or other templates provided by the customer as to whether the customer has sufficient rights of use or whether industrial property rights (patents, trademarks, design rights, etc.) are infringed by the templates, motifs or logos.
7. Personello reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

8. Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

9. Warranty

1. Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
2. If the Client acts as trader
   • the Seller may choose the type of subsequent performance,
   • for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
   • for used goods, the rights and claims for defects are excluded,
   • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
3. The above-mentioned limitations of liability and shortening of the period of limitation do not apply
   • to claims for damages and reimbursement of expenses of the Client,
   • if the Seller has fraudulently concealed the defect,
   • for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
   • for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
4. Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
5. If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
6. If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

10. Liability

The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

1. The Seller is liable without limitation for any legal reason
   • in the event of intent or gross negligence,
   • in the event of intentional or negligent injury to life, body or health,
   • due to a guarantee promise, unless otherwise regulated in this regard,
   • due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
2. If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely.
3. Otherwise, liability on the part of the Seller is excluded.
4. The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

11. Data protection

The data protection provisions of the privacy policy on the website https://en.personello.com apply exclusively.Data Protection Declaration

12. Alternative dispute resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

13. Storage of the contract text

The text of the contract is stored by Personello. The order data will be sent to the customer separately in text form (e-mail). The GTC can also be called up and printed out in the online shop.

14. Final Provisions

1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Personello in 66424 Homburg.
4. The same shall apply if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. Personello's right to bring an action before a court at another legal place of jurisdiction shall remain unaffected.