Terms and Conditions (GTC)

§ 1. Scope

(1) The following terms and conditions shall apply to all orders for goods or other legal transactions concluded via the website (https://www.clubtags.de) of WIWYN GmbH, Alter Wall 32, 20457 Hamburg, represented by Managing Director Martin Fels, will be concluded.

(2) These terms and conditions apply to consumers and businesses. You are a consumer if you order goods from us or enter into other legal transactions for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (see Section 13 of the German Civil Code). You are an entrepreneur if you, as a natural or legal person or as a partnership with legal capacity, enter into a legal transaction in the exercise of your commercial or independent professional activity (Section 14 of the German Civil Code).

(3) Conflicting or deviating terms and conditions of the customer are only binding if we expressly acknowledge them in writing. Our terms and conditions also apply if we carry out the delivery in full knowledge of the customer's conflicting or deviating terms and conditions. If you are an entrepreneur, our General Terms and Conditions also apply to all current and future business relationships with you.

(4) Our deliveries, services and offers to consumers are only made for private use in normal household quantities and exclusively on the basis of these terms and conditions of sale and delivery. If you are an entrepreneur, these also apply to all future transactions with you, provided that they are legal transactions of the same or a similar nature.

(5) If you have entered into an individual contractual agreement with us, this agreement takes precedence over these terms and conditions. If our terms and conditions contain differing, conflicting, or supplementary provisions, these will only become part of this contract with your express consent.

§ 2. Offer and conclusion of contract

(1) The item descriptions shown in the online shop do not contain any binding offer. They merely represent an invitation to submit an offer.

(2) You can request a quote through our shop. To do so, send us an email or contact us by phone.

(3) We can accept your order within 5 days by sending an order confirmation or by sending the goods.

§ 3. Prices and shipping costs

(1) The prices stated are final prices. They include statutory German sales tax and all price components.

(2) For shipping costs, please refer to our shipping costs overview.

(3) For deliveries to non-EU countries, additional fees, customs duties and taxes will apply.

§ 4. Payment and due date of the purchase price

(1) We offer the following payment methods: advance payment by bank transfer, payment via PayPal, payment on account and payment by credit card.

(2) When paying in advance or via PayPal, the amount must be transferred within 10 days to an account specified by us in the order confirmation. When paying by credit card, your credit card account will be debited upon order confirmation.

(3) Our invoices are due for payment immediately and without deduction. Unless otherwise agreed, orders are subject to advance payment.

§ 5. Delivery/Delivery time

(1) Unless otherwise stated in the item description, the goods will be dispatched immediately after the amount has been credited to our account if payment is made in advance, by credit card or PayPal; if payment is made on account, upon conclusion of the contract.

(2) Unless otherwise agreed in writing, delivery shall be made “EXW, ex works Germany”.

(3) Unless otherwise agreed, delivery is uninsured. If the customer takes out transport insurance, he is obligated to assign to us all claims for compensation insofar as they relate to the risk of loss and damage to property assumed by the customer. We hereby accept the assignment. In the event of damage to or loss of goods during transport, the customer must immediately request a report from the carrier and notify us immediately.

§ 6. Retention of title

(1) If you are a consumer, we remain the owner of the delivered goods until the agreed purchase price has been paid in full.

(2) If you are an entrepreneur, the delivered goods remain our property (reserved goods) until all claims arising from the business relationship have been fully settled. In the case of multiple claims or ongoing invoices, the retention of title serves as security for the outstanding balance, even if individual deliveries of goods have already been paid.

In the event of a breach of contract by the customer, e.g., default of payment, we have the right, after setting a reasonable deadline, to repossess the goods subject to retention of title. Repossessing the goods subject to retention of title constitutes a withdrawal from the contract. We are entitled to dispose of the goods subject to retention of title after repossession. After deducting a reasonable amount for the costs of disposal, the proceeds of disposal will be offset against the amounts owed to us by the customer.

In the event of third parties accessing the reserved goods, in particular seizures, the customer will point out our ownership and notify us immediately so that we can enforce our ownership rights.

You are entitled to process and sell the reserved goods in the ordinary course of business as long as you are not in default. Pledging or transferring ownership by way of security is not permitted. The customer hereby assigns to us in full, as security, any claims arising from the resale or any other legal reason (insurance, tort) relating to the reserved goods. We revocably authorize you to collect the claims assigned to us for your account in your own name. The direct debit authorization expires if you fail to properly meet your payment obligations, encounter financial difficulties, are subject to compulsory enforcement measures, or if judicial insolvency proceedings are opened against your assets or if such opening is rejected due to insufficient assets.

We are obligated to release the securities to which we are entitled to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; in this context, we are responsible for selecting the securities to be released.

§ 7. Right of retention

You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship. The right to refuse performance under Section 320 of the German Civil Code (BGB) remains unaffected.

§ 8. Copyright

To the extent that we customize our products at the customer's request, the customer declares that they are the owner of all rights of use, exploitation, and ownership of the photos or image material submitted to us, and that our use of this material does not conflict with any third-party rights. The customer specifically warrants that the content of the transferred image files does not violate criminal law, in particular the provisions of Sections 86 et seq. and 184 et seq. of the German Criminal Code (StGB).

In the event that individual persons or groups of persons are depicted on the material, the customer guarantees that the necessary consent of the person(s) depicted has been obtained and that this consent also extends to the use and exploitation of the photo within the scope of our offer.

The customer's obligation to obtain appropriate consent, approval or authorization for the respective image material also applies if the image files submitted contain an image or depiction of a recognizable trademark or an identifiable logo or other unmistakable motif to which third-party intellectual property rights exist.

In the event that we are held liable by the rights holder for infringement of his intellectual property, the customer undertakes to indemnify us against any claims (in particular for damages and injunctive relief) and to cover the costs incurred for our legal defense (legal representation, court fees, penalties, etc.).

§ 9. Youth Protection

We only deliver alcoholic beverages and tobacco products to persons 18 years of age and older. By placing your order, you declare that you are 18 years of age or older and that the name, address, and age information you have provided is correct. You are obligated to ensure that only you or another adult authorized by you can accept delivery of the goods. As a precautionary measure, we will reject any contracts concluded with a false age (Section 111 of the German Civil Code).

We instruct our shipping company to only release alcoholic beverages and tobacco products upon presentation of an appropriate age certificate, or to refuse delivery if no adult recipient can be identified. You are responsible for any costs incurred due to non-return of the goods due to a lack of age verification (e.g., return shipping costs).

§ 10. Right of withdrawal for consumers

Consumers have a fourteen-day right of withdrawal.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (WIWYN GmbH, Alter Wall 32, 20457 Hamburg, represented by Managing Director Martin Fels, telephone +49 (0)38851 – 338007, You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory. You can also electronically fill in and submit the model withdrawal form or another clear statement on our website (https://www.clubtags-shop.de/widerrufsbelehrung/). If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g. by email).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of cancellation terms

Please note that the right of withdrawal is excluded for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 11. Warranty

(1) If you are a consumer, the statutory warranty provisions apply. The warranty period is two years and begins upon delivery of the goods.

(2) If you are an entrepreneur, you are entitled to the statutory rights in accordance with the following provisions in the event of a breach of a contractual obligation towards us.

You are only entitled to warranty claims if you have fulfilled your obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).

If the complaint is justified and submitted within the deadline, you are entitled to subsequent performance during the warranty period. We reserve the right to choose the type of subsequent performance—remedy of the defect or delivery of a defect-free item. If subsequent performance fails or if further attempts at subsequent performance are unreasonable for you, you are entitled to a reduction in price or to withdraw from the contract. In the case of subsequent improvement, subsequent performance is deemed to have failed after the third unsuccessful attempt, unless otherwise stated, particularly due to the nature of the item or the defect or other circumstances.

If you are held liable by your purchaser or a consumer due to a defect in the delivered goods that was already present at the time of transfer of risk or was complained about by a consumer as the end user, your statutory recourse claims against us under Sections 478 and 479 of the German Civil Code (BGB) remain unaffected.

You may only assert claims for damages if subsequent performance fails or if we refuse subsequent performance. Your right to assert further claims for damages remains unaffected.

Claims against us for defects are yours alone and are not transferable.

The limitation period for claims for defects is one year from the transfer of risk. This does not apply if the law stipulates longer periods pursuant to Sections 438 Paragraph 1 No. 2 (buildings and items for buildings), 478, 479 (supplier recourse), and 634a Paragraph 1 No. 2 of the German Civil Code (BGB) (construction defects), as well as in cases of injury to life, body, or health, in the event of an intentional or grossly negligent breach of duty by us, and in the event of fraudulent concealment of a defect.

§ 12. Limitation of Liability

(1) We are liable without limitation for culpable injury to life, body, or health in accordance with the statutory provisions. This applies in particular to mandatory liability under the Product Liability Act.

(2) Otherwise, we shall only be liable for any damages arising if these are based on a breach of a material contractual obligation or on intentional or grossly negligent conduct by us, our legal representatives or vicarious agents.

(3) If a material contractual obligation is breached due to slight negligence, our liability is limited to the foreseeable damage typical for the contract. A material contractual obligation exists for obligations whose fulfillment makes the proper execution of the contract possible or on whose compliance the customer has relied and was entitled to rely.

(4) Any further liability for damages is excluded.

§ 13. Place of performance and jurisdiction

If you are an entrepreneur, the place of performance for all delivery obligations on our part and for the other contractual obligations of both parties is our respective place of business. However, we are also entitled to sue you at your place of business.

§ 14. Alternative dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.

We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

§ 15. Applicable Law

(1) The law of the Federal Republic of Germany applies. However, for consumers, this applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.

(2) The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) The contract language is German.