Terms and Conditions
(1) These terms and conditions apply to all contracts concluded between Versandhaus Neumeyer-Abzeichen e.K., Höfelbeetstraße 20, 91719 Heidenheim (the “provider”) and its customers via the online shop, by email, telephone, fax or in any other way.
(2) A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of its trade, business or profession (§ 14 BGB).
(3) Differing, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to their validity in writing.
(4) The contract language is German. Exclusively the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(1) The products shown on the provider's websites do not constitute a legally binding offer, but a non-binding invitation for the customer to submit a purchase offer.
(2) The ordering process involves the following technical steps:
- Selecting a product by clicking “Add to basket”
- Opening the basket and checking the details
- Entering the billing and delivery details
- Choosing the payment method
- Acceptance of the terms and conditions and the privacy policy
- A final click on the “Buy now” button
Before submitting the order, the customer can identify and correct input errors at any time. By submitting it, the customer makes a binding offer to conclude a purchase contract.
(3) The provider may accept this offer within five (5) working days by express order confirmation by email or by delivering the goods. Once this period expires, the offer is deemed to have been rejected.
(4) For enquiries by email, fax or telephone, the customer receives an individual quote on request. The contract comes into effect through the customer's express consent (e.g. by email).
(1) If the customer orders personalised products (e.g. patches, scarves, flags), production is based on the templates or specifications supplied by the customer. The data must be sent in a common digital format (e.g. PDF, JPG, PNG, AI) by email or via the online form.
(2) Within 5 working days of the order being placed and payment being received (with prepayment), the provider prepares a proof (digital draft), which is sent to the customer by email for approval. For some products (e.g. patches) this may be a photo of a sample.
(3) The proof serves solely to check the design, layout and text. Colour deviations are technically possible and do not constitute a defect.
(4) A first change is free of charge where technically possible. Further change requests or significant extra work will be charged separately.
(5) Production only starts after express written approval (e.g. by email). If no approval is given after two rounds of corrections, the provider is entitled to withdraw from the contract. Cancellation costs under § 11(5) may be charged.
(6) Bei Verträgen zur Lieferung von Waren, die nicht vorgefertigt sind und für deren Herstellung eine individuelle Auswahl oder Bestimmung durch den Verbraucher maßgeblich ist oder die eindeutig auf die persönlichen Bedürfnisse des Verbrauchers zugeschnitten sind, besteht kein Widerrufsrecht (§ 312g Abs. 2 Nr. 1 BGB). Werden nach Beauftragung durch den Kunden vor Produktionsbeginn auftragsbezogene Bearbeitungs- und Abstimmungsleistungen erbracht (z. B. Anlage und Prüfung des Auftrags, Datenprüfung, grafische Aufbereitung, Entwurfserstellung/-anpassung, Abstimmung per E-Mail sowie Rücksprache mit der Fertigung) und der Kunde storniert anschließend den Auftrag oder die Fertigung unterbleibt aus vom Kunden zu vertretenden Gründen, können wir hierfür eine angemessene Aufwandsentschädigung/Bearbeitungsgebühr in Höhe des bis dahin entstandenen Aufwands berechnen. Der Nachweis eines geringeren Aufwands bleibt dem Kunden vorbehalten.
(1) Special shipping conditions apply to orders for flagpoles. Because of their size and bulk, freight costs are calculated individually. The provider offers an online calculator for this. The costs are shown to the customer before the order is completed.
(2) The shipping prices stated apply to deliveries to the German mainland. Deliveries to islands are only made as far as the ferry berth; onward transport must be arranged by the customer.
(3) Collection by the customer is possible by prior arrangement.
(1) The delivery period begins when the customer receives the order confirmation, but not before an agreed advance payment has been received (with prepayment). Delivery times are stated on the product page or communicated individually.
(2) For products made to customer specifications, the delivery period only begins once all the details required for production have been fully clarified and the customer has approved the proof. The delivery time is extended accordingly by the time the customer needs to check, correct or approve it.
(3) In the event of force majeure (e.g. natural disasters, unforeseeable operational disruptions, strikes, pandemics, official orders or other circumstances beyond the provider's control), a bindingly agreed delivery period is postponed by the duration of the disruption plus a reasonable start-up time. The provider will inform the customer of the delay without delay. If the disruption lasts longer than 4 weeks, both parties are entitled to withdraw from the contract.
(4) The provider is only in default of delivery if a firm delivery date has been expressly agreed in writing as a fixed-date transaction and is culpably not met.
(5) If an item is permanently unavailable, the provider will inform the customer without delay and offer an equivalent alternative or a refund of any payments already made. In this case the obligation to perform ceases to apply.
(6) The obligation to deliver ceases to apply if the customer fails to fulfil their duty to cooperate (e.g. delayed payment, missing approval or faulty print data). The provider reserves the right to withdraw from the contract after setting a reasonable deadline and to claim any expenses already incurred.
(1) Personal data is processed on the basis of statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) You can find detailed information on the nature, scope and purpose of the collection, processing and use of data, as well as on your rights as a data subject, in our privacy policy, available at: https://www.neumeyer-abzeichen.de/datenschutz
The goods delivered remain the property of the provider until payment has been made in full.
(1) All prices are in euros including the applicable statutory VAT, plus shipping costs. The applicable shipping costs are clearly communicated to the customer before the ordering process is completed and can also be viewed on the provider's shipping costs page.
(2) Depending on the offer, the following payment methods are available to the customer: prepayment (bank transfer), invoice, PayPal, credit card or other payment services shown in the shop. The provider reserves the right to exclude certain payment methods in individual cases.
(3) If prepayment is selected as the payment method, the purchase price must be transferred to the provider's specified account immediately after the contract is concluded, but at the latest within 5 working days. Shipping only takes place after payment has been received.
(4) With payment on account, the invoice amount is due – unless otherwise agreed – immediately upon receipt of the goods and the invoice, without deduction. If the customer defaults on payment, the provider is entitled to claim default interest at the statutory rate. The right to claim further damages caused by default is reserved.
(5) Shipping is to the delivery address specified by the customer. Shipping costs depend on the shipping method, the weight and the delivery location and are shown to the customer before the order is placed.
(6) The provider bears the shipping risk provided the customer is a consumer within the meaning of § 13 BGB. If the customer is a business (§ 14 BGB), the risk passes to the customer when the goods are handed over to the carrier.
(1) The provider is liable without limitation
- in the event of intent or gross negligence,
- for damage arising from injury to life, body or health,
- for claims under the Product Liability Act,
- as well as where a guarantee has been given or a defect has been fraudulently concealed.
(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the provider's liability is limited to the foreseeable damage typical of the contract. A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
(3) In all other respects, the provider's liability for slight negligence is excluded. This also applies to the provider's vicarious agents and legal representatives.
(4) Statutory liability for defects (warranty) is governed by §§ 434 ff. BGB. For consumers the warranty period is 2 years, for businesses 1 year from delivery of the goods, unless it is a case of unlimited liability under paragraph 1.
(5) When ordering textiles, particularly finished or embroidered products, slight deviations may occur for production reasons (e.g. slight impressions, backing interlining on the reverse). These only constitute a defect if they go beyond what is technically and commercially normal.
(1) All drafts, templates, samples, artwork, printing plates, films, repros, lithos, punching and embossing tools and embroidery programmes created by the provider remain – unless expressly agreed otherwise – the exclusive property of the provider, even if they were charged for in part. Passing them on, reproducing them or using them by the customer or third parties is only permitted with the provider's express written consent.
(2) The customer warrants that they are entitled to use all the content supplied (e.g. logos, images, texts) and that they do not infringe any third-party rights. Should the provider face claims from third parties or authorities as a result of processing such content, the customer undertakes to fully indemnify the provider against all resulting claims and to bear the associated costs (including legal costs).
(3) The provider reserves the right to publish non-personalised product images (e.g. series orders, anonymous examples) for advertising purposes on its website or in print media, provided no personal content or identifiers are affected. Individual customer orders are only published with consent or on the basis of legitimate interests under the GDPR.
(4) Note on product labelling:
Unless expressly agreed otherwise in writing, the provider is entitled to apply a discreet reference to the manufacturer (e.g. logo, web address) to delivered items (e.g. labels, backings, packaging inserts). The reference is applied so that it does not impair the product's intended use.
Note: this provision does not apply to private one-offs that are not produced in series.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) In the case of contracts with consumers habitually resident in another EU member state, mandatory consumer protection provisions of that state remain unaffected (Art. 6(2) Rome I Regulation).
(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 contractual relationships is the provider's registered office.
(4) The provider is also entitled to bring an action at the customer's registered office.
(1) The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
(2) The former obligation to link to the EU's Online Dispute Resolution (ODR) platform no longer applies since it was shut down on 20 July 2025. A corresponding notice is therefore no longer part of these terms and conditions.
Consumers within the meaning of § 13 BGB have a statutory right of withdrawal when concluding a distance contract. Information on the right of withdrawal, the conditions, deadlines and the model withdrawal form is provided to the customer separately and can be viewed at any time at: https://www.neumeyer-abzeichen.de/widerruf
(1) There is no statutory right of withdrawal for businesses within the meaning of § 14 BGB.
(2) Goods are only taken back with the provider's prior written consent. Custom-made and individually printed goods are excluded from return as a matter of principle.
(3) Returns must be unused, in their original packaging and free of damage. The customer bears the transport and shipping costs.
(4) Once the incoming goods have been checked and approved, the provider issues a credit note less a restocking fee of 20 % of the value of the goods.
