Terms & Conditions
§ 1 Internet Shop
Marc Schnibbe operates the online shop BETTERPOSTER on the internet. You do not need to become a member to browse the BETTERPOSTER website, particularly to view upcoming sales events ("User"). Membership requires the user's registration (§ 3). You will receive personal information about upcoming sales events via email from BETTERPOSTER, provided you have agreed to receive these emails. The prices listed on the website are final prices, including VAT. Shipping costs and handling fees are displayed separately and transparently for you.
§ 2 Validity of the Terms and Conditions
2.1 By agreeing during registration, you accept the validity of these General Terms and Conditions (hereinafter "GTC"). These GTC define the conditions under which you can use the services of BETTERPOSTER. 2.2 You can access, save, and print these GTC at any time via the "Terms and Conditions" link on the BETTERPOSTER website. 2.3 General terms and conditions of users and partners do not apply in direct business transactions with BETTERPOSTER, even if BETTERPOSTER does not explicitly object to them and/or provides services without objection. This also applies if users or partners require a specific form for objections to conflicting terms. Deviating terms and conditions will only apply if BETTERPOSTER has expressly confirmed them in writing in advance. 2.4 The contract language is German.
§ 3 Conclusion of Contract and Retention of Title
The presentation of products and the display of goods on the BETTERPOSTER website as part of sales events do not constitute a legally binding offer but merely an invitation for private customers to place an order. There is no legal entitlement to the availability and deliverability of the displayed products. The sales events are directed exclusively at consumers within the meaning of § 13 BGB, i.e., any natural person who concludes a legal transaction for a purpose that is neither attributable to their commercial nor independent professional activity. Only household quantities may be ordered. BETTERPOSTER reserves the right to make orders from sales events subject to certain individual conditions at any time. To order a product displayed on BETTERPOSTER, you must complete the following steps: You add the item to the shopping cart. In the next step, you enter all necessary information regarding the billing and delivery address. During this step, we ask you to actively agree to the General Terms and Conditions, the Privacy Policy, and the Right of Withdrawal information. You then provide details of your preferred payment method. Finally, you can review your order once more and complete the purchase by clicking the "Buy Now" button. By submitting your online order, you are making an offer to BETTERPOSTER to conclude a legally binding contract. By clicking the "Place Order" button, you submit a binding order for the goods in the shopping cart and confirm that you are authorized to place the order, meaning for minors, with the consent of their legal representatives. Immediately after your order is received, you will receive an automated email confirming receipt of your offer, thereby concluding the contract. All goods remain the property of BETTERPOSTER until full payment of the purchase price and all associated claims arising from the purchase have been settled. Until ownership is transferred, you are not entitled to dispose of the goods. If third parties assert rights to the goods, you must inform BETTERPOSTER immediately. If BETTERPOSTER determines before the conclusion of the contract that the ordered product is unavailable, we will inform you immediately and promptly refund any payments already received. If BETTERPOSTER determines after the conclusion of the contract that the ordered product is unexpectedly unavailable due to the untimely or incorrect delivery (including partial deliveries) by our supplier, for which BETTERPOSTER is not responsible, despite a purchase agreement with the supplier for the ordered goods, we reserve the right to withdraw from the contract. In such a case, BETTERPOSTER will immediately inform you of the unavailability of the ordered product and promptly refund any payments received. BETTERPOSTER is entitled to reject offers from you without stating reasons. BETTERPOSTER particularly reserves the right to reject an offer if the shipping address is outside of Germany or Austria, if there are indications that the buyer is not a consumer, if an order exceeds the usual household quantity, or if payment is not made even after a deadline has been set.
§ 4 Use of BETTERPOSTER
4.1 BETTERPOSTER offers its services in accordance with recognized technical standards. BETTERPOSTER may limit the services if necessary due to capacity constraints, the security or integrity of the servers, or for technical maintenance purposes, provided such limitations serve the proper or improved provision of services (maintenance work). In particular, for technical reasons, it may not always be possible to access the services or only with restrictions (unforeseen system failures).
4.2 It is prohibited to use the services in a manner that violates legal regulations, third-party rights, or good morals. Furthermore, any misuse of the services or any usage that could harm BETTERPOSTER’s reputation is strictly forbidden. Specifically, the services must not be used for the following purposes: engaging in or promoting anti-competitive practices, including progressive customer recruitment (such as chain letters, pyramid schemes, or Ponzi schemes); using, promoting, offering, or distributing pornographic content or content that violates youth protection laws; exploiting our services through the use of "robot," "spider," or "offline reader" software or any other malicious software. Uploading copyrighted content without having the necessary rights or permissions is prohibited. Additionally, BETTERPOSTER must not be used in a way that negatively impacts the availability of our services for other users. The dissemination of offensive, racist, or otherwise illegal content or information, including defamatory or insulting content, is prohibited, regardless of whether it targets other users, employees of the operator, or other individuals or companies. Similarly, photos with defamatory, offensive, racist, or otherwise illegal or immoral content must not be used. Sending chain letters, intercepting or attempting to intercept messages, promoting shopping clubs, sending messages for commercial purposes, or using our services to threaten, excessively harass (especially through spam), or violate the rights (including personal rights) of others is strictly forbidden. The use of temporary email addresses from so-called 10-minute mail services, as well as the publication of names, addresses, telephone or fax numbers, email addresses, usernames, or other messenger service contact details, is not allowed. 4.3 BETTERPOSTER has checked and published its own content on the website to the best of its knowledge and belief. However, BETTERPOSTER does not generally monitor content published by third parties on the website. BETTERPOSTER also does not monitor external websites linked from the BETTERPOSTER website and therefore assumes no responsibility for the form, accuracy, appropriateness, or quality of such content. BETTERPOSTER will remove or suppress third-party content or discontinue links if there is evidence that the published content or external websites violate applicable law or these GTC.
To offer you Klarna's payment methods, we may share your personal data, such as contact and order details, with Klarna during the ordering process so that Klarna can assess whether you qualify for its payment options and tailor them to you. Your transmitted personal data will be processed in accordance with Klarna’s own privacy notice.
§ 5 Conditions for Contests, Sweepstakes, or Promotions
5.1 The following conditions apply to contests, sweepstakes, or other promotions (hereinafter referred to as "Promotion") organized by BETTERPOSTER. Winners or beneficiaries are selected from all individuals who have participated in the Promotion and fulfilled the conditions set by BETTERPOSTER. Winners or beneficiaries will be notified via email to the email address provided during registration. If the email states that the winner or beneficiary must contact BETTERPOSTER within a specified period to claim the prize, the prize will be forfeited if the winner fails to respond within the deadline. Prizes or benefits awarded in Promotions cannot be exchanged or redeemed for cash. Participants agree that in the event of winning, their names may be published on the BETTERPOSTER website, other BETTERPOSTER services, and in press releases. BETTERPOSTER reserves the right to exclude participants from a Promotion if they manipulate the contest or Promotion mechanisms through unfair means or in violation of these GTC. BETTERPOSTER may sanction such manipulations at its own discretion by excluding the participants. BETTERPOSTER reserves the right to cancel Promotions or extend them beyond the original duration.
5.2 The following conditions apply to contests on social networks (hereinafter referred to as "Social Media Contests") organized by BETTERPOSTER on Facebook and/or Instagram:
5.2.1 General
Social Media Contests are conducted by Marc Schnibbe (Meinertzstraße 7, 48159 Münster). The respective Social Media Contest ends at the specified time. BETTERPOSTER has the right to suspend or terminate Social Media Contests temporarily or permanently without stating reasons.
5.2.2 Conditions
Unless otherwise specified in the respective Social Media Contest, only individuals residing in countries to which we deliver (Germany, Austria, Switzerland) are eligible to participate. Participants must be at least 18 years old at the time of participation. Each participant may enter the respective Social Media Contest only once, even if they have multiple Instagram or Facebook accounts. BETTERPOSTER employees are excluded from participation. Participation follows the conditions stated in the respective post. Contributions that are offensive, abusive, misleading, unethical, discriminatory, or defamatory in nature are not permitted and will not be considered. Any participant attempting to manipulate the outcome using technological means will be disqualified.
5.2.3 Prize
Winners will be randomly selected by a BETTERPOSTER employee. Winners will be notified via comments or private messages on Facebook or Instagram. Any changes to the respective Social Media Contest will be announced in a timely manner on the corresponding social media page. The claim to the prize will be forfeited and awarded to another participant if the winner does not respond within seven days or does not meet the above participation conditions. Cash payment of the prize is not possible.
5.2.4 Data Protection
If personal data (name, date of birth, postal and email address) of participants are collected as part of the respective Social Media Contest, they will be collected, processed, and used exclusively by BETTERPOSTER for the purpose of conducting the Social Media Contest. The data will be treated with absolute confidentiality and will not be shared with third parties. More information on BETTERPOSTER's privacy policy can be found here.
5.2.5 Legal Basis
Legal recourse is excluded. The respective Social Media Contest is in no way connected with, sponsored, supported, or organized by Instagram or Facebook. By participating in the respective Social Media Contest, participants accept the GTC and privacy policy.
§ 6 Promotion Vouchers/Credit
The following conditions apply to BETTERPOSTER promotion vouchers (and similarly to BETTERPOSTER credit). BETTERPOSTER vouchers for goods can be redeemed for all products listed on the BETTERPOSTER website unless the promotion overview or product overview page explicitly excludes the use of BETTERPOSTER vouchers or if the promotion requires ordering through a third-party website, which will be explicitly indicated. The purchase price of the ordered products must be at least equal to the value of the voucher unless otherwise specified at the time the voucher was issued. BETTERPOSTER vouchers for shipping costs can be used to cover the flat-rate shipping costs incurred for orders on the BETTERPOSTER website unless the promotion overview or product overview page explicitly excludes their use, or the promotion requires ordering through a third-party website. BETTERPOSTER vouchers are based on codes provided personally to you; codes generally expire after a single use. The validity period, any minimum order value, or other conditions are determined by BETTERPOSTER and announced within the respective promotion; in this case, the minimum order value refers to the purchase price, including VAT, but excluding shipping costs. Only one BETTERPOSTER voucher can be redeemed per order; multiple BETTERPOSTER vouchers cannot be combined. If you cancel the purchase of an item for which you used a BETTERPOSTER voucher, the voucher amount will not be refunded, and the voucher cannot be reused; this does not apply if you purchased the BETTERPOSTER voucher directly from BETTERPOSTER by paying a monetary amount. A BETTERPOSTER voucher that you did not purchase directly from BETTERPOSTER with a monetary payment cannot be used to purchase another BETTERPOSTER voucher. BETTERPOSTER vouchers cannot be redeemed for cash or accrue interest. BETTERPOSTER vouchers are issued personally to a member and cannot be transferred to third parties; if BETTERPOSTER becomes aware of a voucher transfer, it reserves the right to declare the respective voucher invalid. If BETTERPOSTER states that a voucher is only valid for new customers, it is a requirement for the issuance of the voucher that the person registers as a member of BETTERPOSTER for the first time. Except in cases where BETTERPOSTER is responsible for the loss of the voucher, BETTERPOSTER assumes no liability for the loss or theft of the voucher; replacement vouchers will only be issued if BETTERPOSTER is liable for the loss. Additional conditions or restrictions on the redemption of promotion vouchers may be specified in the GTC or at the time of voucher issuance.
§ 7 Warranty and Liability for Damages
7.1 The warranty is generally governed by the legal provisions of the Federal Republic of Germany. If the goods are defective, you have the statutory rights to claim remedy (e.g., delivery of defect-free goods), withdrawal, or reduction of the purchase price.
7.2 BETTERPOSTER's liability for damages towards consumers is limited. Regardless of the type of damage, liability for damages is excluded unless otherwise specified below. BETTERPOSTER is liable solely in accordance with statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence by our representatives or agents. BETTERPOSTER is also liable solely in accordance with statutory provisions if BETTERPOSTER negligently breaches a material contractual obligation. A material contractual obligation in this sense is one whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely. Additionally, BETTERPOSTER is solely liable under statutory provisions in the event of negligent injury to life, body, or health; this also applies to mandatory liability under the Product Liability Act.
7.3 The same limitations of liability for damages apply to businesses that directly or indirectly participate in sales promotions in violation of § 4, with the additional restriction that liability for damages is limited to the foreseeable, contract-typical damage, unless liability arises due to intentional conduct or the violation of life, body, or health.
7.4 The aforementioned exclusions and limitations of liability towards businesses or consumers do not apply in cases where BETTERPOSTER has provided explicit guarantees.
§ 8 Indemnification
The user indemnifies BETTERPOSTER against all claims asserted by third parties against BETTERPOSTER due to violations of their rights or breaches of these GTC, the privacy policy, or applicable laws in connection with the use of BETTERPOSTER. The user assumes the costs of necessary legal defense, including all court and attorney fees incurred. This does not apply if the violation of third-party rights or the breaches of these GTC, the privacy policy, or the laws are not attributable to the user. The user is obligated to provide BETTERPOSTER immediately, truthfully, and completely with all information necessary for the examination of claims and defense in the event of third-party claims. Any delays in providing this information shall be at the user's expense.
§ 9 Copyright and Usage Rights
The content of BETTERPOSTER is protected by database rights, copyright, and trademark law. Without prior consent from the respective rights holders, this content may not be copied, distributed, used, or reproduced in any way. This applies particularly to copying using robots, crawlers, or other automated mechanisms. Any use, exploitation, or modification of the services for purposes other than their intended use is prohibited. In particular, copying or extracting content, offers, directories, databases, etc., for commercial purposes is forbidden and will be prosecuted under applicable legal provisions both criminally and civilly.
§ 10 Final Provisions
10.1 If individual provisions of these GTC are wholly or partially invalid or contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such cases, the parties agree to enter into negotiations with the aim of replacing the invalid or incomplete provisions with provisions that come as close as possible to the originally intended terms while safeguarding both parties' interests. 10.2 The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and any references to foreign law. If you are a consumer, mandatory provisions of the state in which you have your habitual residence remain unaffected. 10.3 If you are a merchant, a legal entity under public law, or a special fund under public law, or if you do not have a general place of jurisdiction in Germany or any other EU member state, the place of jurisdiction for all disputes arising from this contractual relationship is Berlin. 10.4 No ancillary agreements have been made, except for the GTC and the Privacy Policy, and any such agreements must be in written form to be legally effective.