General Terms and Conditions (GTC) and Customer Information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you make with us as a supplier (painanta.com, owner Volker Preuß) via the exoflag.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer, in the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Comeabout of the contract
(1) Subject of the contract is the sale of goods.
(2) Already when the respective product is posted on our website, we are submitting a binding offer to make a contract by online shopping cart system under the conditions specified in the item description.
(3) The contract comes into being via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Instant bank transfer) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order. By submitting the order via the corresponding button ("order with obligation to pay" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is made.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 1 month (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Guarantee
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Numerous articles are for sale via a partner programme. The partner is the company mochrefie.com GmbH via its domains "flaggenfritze.de" and "flaggen-shop.ch", through which customers from Germany and Switzerland are preferably addressed. The offers of this company can be reached via links at the individual occurrences in the domain "flaggenlexikon.de", which is operated by the company painanta.com. When making purchases there, the user leaves the domain and thus the area of application of the general terms and conditions of painanta.com.
(4) The size of flags is given in centimeters. For technical reasons, there may be minor deviations in the millimeter range from the specified size. These are not considered to be a defect.
(5) Quantity tolerances: When purchasing items in bulk, a customary and production-related quantity tolerance of 10% for orders of 20 or more items must be taken into account.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN sales law expressly do not apply.
II. Customer Informations
1. Identity of the seller:
Auf der Stautg 49
Tel.: +49 (0) 26 28 - 74 90 430
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the make of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Comeabout of the contract" of our general terms and conditions (Part I.)
3. Contract language, contract text storage
3.1. The contract language is English, generated from a German contract text.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
4.1. The production of the goods (marked in the shop as goods to be manufactured especially for the customer, e.g. flags, books, clothing, displays) takes place via a work contract and does not involve retrieving stock items. That is why very short-term delivery dates are not possible! The goods ordered with the order will only be manufactured if all the conditions specified in the terms and conditions are met (e.g. and, among other things, receipt of payment and / or approval for printing). All purchases will be completed with an invoice.
4.2. The contract processing, when purchasing finished products (e.g. standard screen-printed flags from stock), is also carried out via shop systems under the domain exoflag.de. If the customer has transferred the amount due as a result of a request for payment (advance payment), the shipment will take place. All purchases will be completed with an invoice.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes (for sales within the European Community).
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be payed by you in addition, unless free delivery has been promised.
5.3. Undeliverable orders/returns: If the shipment is declared as undeliverable by UPS, DHL or Post/Mail, perhaps because no one could be found repeatedly, there was no note on the box, the shipment was not collected from the drop-off location and the shipment must therefore be returned, the customer will incur further costs. If the item is sent again, this must be charged. Many forwarders or postal systems (e.g. UPS, DHL) charge postage again for returns and sometimes additional handling fees. If a new shipment is necessary due to a failed delivery, the following costs must be paid by the customer, in total: 1st) Return costs, 2.) Processing fees of 6.40 EUR, and 3.) Shipping costs (postage) for the new shipment.
5.4. If the delivery is made to countries outside the European Union, there may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be payed by you.
5.5. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be payed by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
5.6. The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.
5.7. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
7. Delivery times
Goods to be manufactured on behalf of the customer are not stock items. Therefore, longer delivery times of up to 10 or 20 working days from receipt of payment / production approval can be expected, also depending on transport or delivery times.* The customer will be informed of the date of dispatch of the goods after the order has been placed and after it startet to be in process. We always strive for the fastest possible delivery. If the non-compliance with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended appropriately. If the delivery time is not adhered to for reasons other than those mentioned above, the customer is entitled to set a reasonable grace period in writing with the threat of rejection and, after the deadline has expired, to withdraw from the contract with regard to the delivery or service in the contract. If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both we and the buyer can withdraw from the contract if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-performance, including those that arose up to the point of withdrawal from the contract, are excluded. Unless a representative of this company has acted willfully or with gross negligence.
* Goods in stock should reach the customer within two weeks.
8. Statutory warranty law
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
9. Copyrights, confidentiality, liability
We are not liable for damages of any kind that arise for the customer by the use of our products. We do not guarantee the correctness, completeness or effectiveness of the motifs produced. We produce or deliver exclusively according to the specifications and wishes on behalf of our customers. Because of this, we are not liable if the rights of third parties are violated by our work on behalf of the customer. Insofar as we violate copyrights, competition rights or similar rights of third parties due to the requirements of our customers, we are entitled, in the event of a claim, to pass on all costs arising to us to our customers. By placing the order with us, the customer undertakes to exempt us from claims by third parties as a precaution.
The law of the Federal Republic of Germany applies exclusively to all disputes arising from the respective contractual relationship. The place of jurisdiction is Koblenz.
last update: 10th of September in 2022