b) The contract is formed solely between Fa. Textil & Offsetdruck and the client. This also applies if the client has reached Lanyman.com’s shop via a link by a third party.
c) Lanyman.com supplies clients exclusively in EU countries, Switzerland, Liechtenstein, Norway and Iceland. Lanyman.com does not conclude contracts with clients from other countries. Should an order from a client in a different country erroneously be taken or processed by Lanyman.com and a legal relationship ensues between the parties involved, Lanyman.com has the right to terminate or withdraw the contract without prior notice. Deliveries to other countries are excepted.
d) In the following provisions, references to Lanyman.com are equally references to Fa. Textil & Offsetdruck.
e) Lanyman.com acts in accordance with the prevailing law and is not subject to other codes of conduct under private law.

3. Description of services        (Top)
Lanyman.com only uses high-quality lanyards for printing on. A detailed description of the individual lanyards is shown on the website alongside each product when ordering. These descriptions are binding and final. Other public comments made by the manufacturer, their vicarious agent or a third party do not constitute supplementary or modified description of services.
A true reproduction of the colours in the basic graphics, images or texts is not obligatory. Slight deviations in colour and resolution are in conformance with the contract.
Lanyman.com constantly endeavours to improve the printing technology used. According to the contract, however, Lanyman.com is only obliged to provide medium-quality printing, taking into account the printing technology available on the website at the time of ordering.

4. How does it work? The ordering process        (Top)
a) The client goes to the website. They can choose between the following languages before ordering lanyards: German and English.
b) Lanyman.com provides a selection of lanyards to choose from. The client can choose one or more of these lanyards. The client can also choose the basic colour and, where applicable, the size of the lanyard, and select an image or graphic. The client is at liberty to access the free graphics database provided by Lanyman.com for this purpose or provide a graphic themselves from their own computer. In this case, the client follows the menu guide and gives a file path leading to the chosen file on the hard drive of the client’s computer. Once the client has confirmed this, the file is loaded onto Lanyman.com’s server and temporarily saved. The image and graphics formats which can currently be processed are listed on the website.
c) The client is then shown their chosen lanyard with their image or design and, if applicable, the submitted text in the form of a small preview picture. The preview simply gives a general impression of the overall effect of the lanyards, but cannot, however, set the binding manufacturing standard due to technical conditions. This is subject to deviations in colour and resolution.
d) By clicking on the “Order article” button, the client can place the selected lanyards in the shopping basket, or by clicking on the “Delete selection” button, the client can delete the article chosen and redesign it (see b) above).
e) Once the selected articles have been confirmed, the client is taken to their shopping basket, where the articles have been saved. By clicking on the “Continue shopping” button, the client can then navigate their way back to the selection mask (see b) above) and place further orders as before.
f) Until the final, legally binding order is placed, the client can exit the ordering process at any time without submitting an order by closing the browser window. No products are ordered if the client exits the browser or fails to complete the order by clicking on “Binding order”.
g) By clicking on the “Order article” button, the client is forwarded to an “Order data/shopping basket“ input mask, where they should enter the data necessary to execute the contract in the fields marked with an “*” (client data, delivery address). Additional data is voluntary. The client can also select the dispatch type and choose from several methods of payment stipulated by Lanyman.com. At present, payment of the lanyards is possible by: direct debit, credit card, voucher, payment in advance and invoice via i-clear.
The shopping basket is also shown here (see e) above) for the client to enter the order amount for their previously selected lanyards.
h) The “Order data/shopping basket” input mask also includes a checkbox and a “Data protection” link which, when activated, takes clients to the Lanyman.com data protection information. By clicking on the checkbox, the client confirms that they have read the data protection information and agree to their personal data being collected, saved and processed. The data protection information can be opened by clicking on the link. It is incumbent upon the client to save this information on their hard drive by clicking on the “Save” button and print it out immediately or at a later date by clicking on the “Print” button.
i) The “Order data/shopping basket” input mask also includes a checkbox and a link to the general terms and conditions which, when activated, takes the client to the Lanyman.com general terms and conditions. By clicking on the checkbox, the client confirms that they have read and are in agreement with the terms and conditions for ordering. The general terms and conditions can be opened by clicking on them. It is incumbent upon the client to save these conditions on their hard drive by clicking on the “Save” button and print them out immediately or at a later date by clicking on the “Print” button.
j) Once they have confirmed their details by clicking on the “View update” button, the client is shown an overview of all the information entered. By clicking on the “Edit” button, they can navigate their way back to the respective selection mask to input new data (see b) or g)) or correct each entry before placing their order. It is incumbent upon the client to save a copy of the overview on their hard drive by clicking on the “Save” button or to print out the overview by clicking on the “Print” button.
k) By clicking on the “Binding order” button, the client submits their legally binding order in accordance with the overview shown. The details entered are then saved and checked by Lanyman.com. If an error message appears, the client has the opportunity to edit their data again (see g)–j) above).
l) The client receives confirmation as soon as the data has reached Lanyman.com’s server. As a rule, acceptance of the order is declared in a separate e-mail sent by Lanyman.com to the e-mail address given by the client or by delivering the lanyards. In addition, the client receives the terms of conditions, essential information on the contract, legally required information in text form, revocation information and a declaration of consent submitted by the client concerning data protection once more, together with data protection information from Lanyman.com. The client also receives a link, via which they can view the current status of their order.
m) The order can no longer be called up online at Lanyman.com after leaving the Lanyman.com shop.
n) Delivery will be arranged by Lanyman.com immediately after the lanyards have been manufactured.

5. Conclusion of the contract        (Top)
The contract is only concluded once Lanyman.com confirms the order placed on the Internet by the client in writing, by e-mail or by dispatching the lanyards.

6. Prices        (Top)
a) All prices are in euros.
b) Only the prices shown to the client in the overview before submitting the legally binding order (see 4. j) above) are applicable. The details presented on other parts of the Internet, in particular prices, are not binding and are subject to confirmation; errors on the first pages of the website or differing price quotations on third party websites are not binding in the relationship between the contracting parties.
c) Statutory VAT is shown separately and is included in the final price shown.
d) The client shall bear the costs of delivery. Delivery costs are calculated on the basis of the total delivery amount and the delivery destination, and are shown separately in the order overview (see 4. j) above).
e) Lanyman.com has no influence on additional costs which may accrue for other accumulated taxes and customs duties concerning deliveries to countries outside of the European Union. The client shall bear these costs.

7. Payment        (Top)
a) On submitting their order, the client chooses one payment method from several stipulated by Lanyman.com (see 4 g)). Payments are only classed as being effected, regardless of the payment method chosen, once Lanyman.com has unrestricted access to the sum.
b) The purchasing price must be paid immediately in full.
c) The client is obliged to pay in advance.
d) The client is in default of payment, without further explanation from Lanyman.com, if they have not settled the invoice within 14 days of delivery of the lanyards. The consequences of default are in line with the legal provisions.
e) The client may not assert a right of retention with regard to the purchasing price if lanyards are faulty, insofar as this is out of all reasonable proportion to the faults and the foreseeable costs of rectifying them.
f) If the method of payment chosen by the client is not feasible, despite being carried out by Lanyman.com in accordance with the contract, primarily due to the fact that the money cannot be debited from the user’s account due to lack of funds or due to the fact that incorrect data has been entered, the user must reimburse Lanyman.com, or the third party instructed by them to handle payment, with the additional costs hereby incurred.
g) Lanyman.com has the right to use the services of trustworthy third parties for handling payment.
1. To this end, Lanyman.com may assign claims against the client to a third party and transfer personal data required to handle payment to this third party.
2. Lanyman.com is entitled to check the creditworthiness of the client personally or through the third party engaged to handle payment, and to obtain information about this from reliable credit inquiry agencies, as appears just.
3. Details are listed in the data protection information.
4. In the event of a third party being engaged to handle payment, the payment is only classed by Lanyman.com as being effected once the amount has been made available to the third party in accordance with the contract, and once Lanyman.com has unrestricted access to the amount

8. Right to revocation        (Top)
a) In the distance selling industry, the client regularly has the right to revocation if they are also a consumer. The right to revocation is in accordance with the legal provisions
b) The client is instructed in full about the conditions, details, performance and legal consequences of the right to revocation in a separate explanation.
c) A right to revocation does not exist in accordance with § 312d, paragraph 4, clause 1 of the German Civil Code in the case of distance selling contracts for delivering lanyards which are manufactured to meet client specifications or clearly tailor-made to meet personal requirements, or lanyards which are unsuitable for returning due to their nature or which could perish quickly or which are out of date.
d) If the client exercises their right to revocation, they bear the costs for returning the goods if the order amount equals up to 40 euros and the quality of the goods delivered is equivalent to the quality ordered.

9. Reservation for non-availability of basic products        (Top)
a) Lanyman.com shall not assume the procurement risk for the availability of the basic products
b) Lanyman.com has the right to withdraw from the contract, insofar as Lanyman.com does not receive the basic products despite previously concluding a relevant purchase contract for the basic products. Liability of intent or negligence by Lanyman.com remains unaffected by this.
c) Lanyman.com shall inform the client immediately if the goods will not be available in time and, if Lanyman.com wishes to do so, shall exercise its right to withdraw from the contract immediately. In the event of Lanyman.com withdrawing, the client shall be refunded the purchase price paid immediately.

10. Delivery, dispatch        (Top)
a) Lanyman.com is entitled to engage a third party to carry out delivery.
b) Lanyman.com is entitled to withhold delivery until payment has been received.
c) The lanyards will be delivered to the delivery address given at the time of ordering.
d) The client bears the costs for delivery from the Lanyman.com headquarters according to clause 6 d).
e) Lanyman.com has the right to deliver partial consignments.
f) In the event of failure to collect the lanyards or unjustified failure to take delivery of the lanyards, the client must bear the additional costs incurred. Furthermore, the client must bear the costs of the deliveries which fail to reach their destination due to incorrect delivery address details.

11. Reservation of ownership        (Top)
The goods remain the property of Lanyman.com until the client fulfils all requirements completely.

12. Claims for defects        (Top)
a) Liability for material defects and liability arising from warranty of title are in accordance with the legal provisions.
b) Should complaints be lodged, these should be directed to Fa. Textil & Offsetdruck forthwith at the address given under clause 2.

13. No implicit guarantees        (Top)
In cases of doubt, explanations in connection with this contract (e.g. description of services, statements on the website, description on the website, etc.) do not include an underwriting guarantee. When in doubt, only written explanations specifically given by the seller constitute an underwriting guarantee

14. Client’s duty to report defects         (Top)
The client is obliged to report the material or title defects of any lanyards to Lanyman.com within one month of detecting the defect by writing to the above address or sending an e-mail to support@lanyman.com. The defects should be described as accurately as possible; this regulation does not state a cut-off period for title defects by the client

15. Data protection        (Top)
Lanyman.com collects, processes and uses personal client data to settle the contract within the framework of the data protection information issued separately and in line with the legal provisions..

16. Entering incorrect data        (Top)
The client is reminded that unauthorised entry of personal data of a third party or incorrect entry of personal data can lead to inadmissible processing by Lanyman.com concerning data protection.
The client is obliged to refrain from entering personal third party data without having the right to do so. By entering data, the client assures that they have the right to do so.
Before entering third party data, the client shall see to it that Lanymanc.com has the right to process the data entered in accordance with the contract, and in particular that the necessary consent has been given by the third party and can be supplied.

17. Liability of Lanyman.com        (Top)
a) If the liability of Lanyman.com has not been addressed separately hereinbefore, Lanyman.com is only liable for damages caused by the client, irrespective of the legal grounds, if Lanyman.com or its vicarious agent infringe on a cardinal or other essential contractual obligation culpably in a manner detrimental to the purpose of the contract or if the damage can be attributed to gross negligence or intent on the part of Lanyman.com or its vicarious agents. Liability for warranted characteristics or personal injuries as well as in accordance with the regulations of the Product Liability Act remain unaffected by the above.
b) Claims for damages for infringement of essential contractual obligations are restricted to a maximum of the amount foreseeable for this kind of contract, insofar as no intent or gross negligence is evident or liable due to damage caused to life, body or health, or Lanyman.com has failed to disclose a defect or provide an explicit guarantee.
c) Lanyman.com is excluded from liability for damages to other legal interests of the client, such as, for example, other things caused by the article to be supplied, insofar as no intent or gross negligence is evident or liable due to damage caused to life, body or health, or Lanyman.com has failed to disclose a defect or provide an explicit guarantee.
d) If liability is effectively excluded or limited, this also applies to the personal liability of the employee, other members of staff, bodies, representatives and vicarious agents.
e) The rules a)–d) above also apply to claims for damages including service, and claims for damages excluding service, regardless of the legal ground (e.g. caused by faults, infringement of contractual obligations, tort), for claims for compensation for expenses incurred in vain.

18. Final provisions        (Top)
a) The client may only offset claims made by Lanyman.com with undisputed claims or claims recognised by declaratory judgement.
b) Place of performance is the Lanyman.com headquarters in Frankfurt am Main.
c) Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, provided the client is a dealer. The supplier remains entitled to take legal action or institute other proceedings at the client’s general place of jurisdiction.
d) This agreement covers the entire regulation of the subject matter of the contract. Supplements are not affected. Alterations or supplements to this contract must be made in written form. This also applies to a regulation that cancels this form.
e) Should one or more of the aforementioned provisions of this agreement be ineffective, the remaining regulations remain unaffected by this.

It is incumbent upon the client to save and/or print out these terms of contract by means of the following buttons.

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Terms as of 11.02.2003

Signed Jürgen Teiner, Managing Director of Fa. Textil & Offsetdruck

© 2003