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I. Scope of validity – general information – language
All offers, sales contracts, deliveries and services made on the basis of any orders by our customers through our online shop www.tecco-book.de (in the following referred to as “web shop”) shall be subject to these General Terms and Conditions (in the following referred to as “GTC”).
The range of products and services in our web shop is targeted to consumers and entrepreneurs alike. Consumers in the sense of these General Terms and Conditions are natural persons who enter into a business relationship for a certain purpose, yet to whom no commercial or self-employed profession can be attributed, (§13 of the German Civil Code, referred to in the following as “BGB”). Entrepreneurs in the sense of these General Terms and Conditions are natural or legal persons or joint partnerships with legal capacity which execute their commercial or self-employed profession upon conclusion of the legal transaction with us (§ 14 subpar. 1 BGB). Customers in the sense of these General Terms and Conditions are not only consumers but also entrepreneurs.
The customer’s General Terms and Conditions shall not apply, even if we do not specifically object to their validity in each individual case.
The contracts with the customer shall be made exclusively in German or English, depending on whether the customer places the order via the German or English site of the web shop. Therefore, if the order is placed via our German website, the German version of these GTC shall exclusively apply. If the order is placed via our English website, the English version of our GTC shall exclusively apply.
II. Offer – conclusion of contract
Offers in our web shop are subject to change and non-binding. By placing an order in the web shop (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the ordered goods or service. The customer shall be bound by the offer for a period expiring on the end of the third business day following the day of the offer. Upon receipt of the order, we shall without undue delay send a confirmation of receipt to the customer by e-mail, which shall not constitute an acceptance of the order. The offer shall only be considered accepted by us as soon as we declare acceptance towards the customer (by e-mail) (order confirmation). The contract with the customer is only concluded upon receipt of our acceptance.
Each customer, who is also a consumer, shall be entitled to revoke the offer and return the goods in accordance with the specific revocation and return instructions as separately made available to the customer on our website in connection with the order process.
Technical modifications and deviations in shape, colour and/or weight shall remain reserved within a reasonable scope.
III. Prices – payment – set-off, retention
Our prices included the statutory value added tax, but not, however, shipping costs. Customs duties and similar charges shall be borne by the customer.
Unless otherwise explicitly agreed, we shall deliver only upon payment via Paypal or credit card.
The customer shall only be only entitled to a right of set-off or retention if the counterclaim is undisputed or legally established
IV. Shipment of the goods
Deadlines and dates for the shipment of the goods specified by us shall apply only approximately and may therefore be exceeded by up to two workdays. This shall not apply if a fixed shipment date has been agreed.
All delivery periods stated by us or otherwise agreed upon ordering shall begin upon payment via Paypal or credit card on the day of the sending of the order confirmation by us.
The day of handing-over of the goods to the haulage company by us shall apply for adherence to the shipping deadline.
In the event that no delivery deadline has been stated or otherwise agreed upon, it shall be deemed agreed that shipment shall take place within 3 weeks from the time specified in section 2).
If the goods cannot be delivered in time or not at all, we shall inform the customer immediately. If the goods are no longer available from our suppliers within the foreseeable future, we shall be entitled to withdraw from the contract. In the event of a withdrawal, we shall reimburse any payments made to us by the customer without delay. The legal rights of the customer resulting from late delivery shall not be affected by this provision; whereby the customer shall be entitled to claim damages only in accordance with item VIII. of these GTC.
We shall be entitled to partial deliveries of separately usable products included in the same order, whereby we shall bear any additional shipment costs incurred.
V. Shipment – insurance – transfer of risk
Unless otherwise explicitly agreed, we shall determine the appropriate type of shipment and the haulage company at our discretion.
We shall only be responsible for the prompt and proper delivery of the goods to the haulage company and shall not be responsible for any delays caused by the said shipping company. Therefore, any shipment date stated by us shall be non-binding.
If the customer is a consumer, the risk of accidental destruction, accidental damage and accidental loss of the goods delivered shall be transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall be transferred to the customer upon delivery of the goods to the haulage company.
We shall insure the goods against the usual transport risks at our expense.
VI. Retention of title
We shall reserve title to the goods until full payment has been made (including VAT and shipment costs).
The customer shall not be entitled to resell the goods delivered by us still being under retention of title without our prior written consent In the event of a possible resale, the customer shall already assign to us the receivables arising from said resale to an amount not exceeding the purchase price payable to us plus a surcharge of 20%. We hereby authorise the customer to collect said claims assigned to us in the normal course of business transactions, whereby we shall be entitled to revoke said authorisation at any time in case of default of payment on the part of the customer.
If the delivered goods are verifiably afflicted with a material defect, the customer shall be entitled to request the remedy of the defect or the delivery of defect-free goods; if the customer is an entrepreneur, we shall be entitled to choose between the remedy of the defect or the delivery of defect-free goods, whereby this choice can only be made by way of notification in text form (including by fax or e-mail) to the customer within three workdays of having been notified about the defect. We may refuse the terms of supplementary performance chosen by the buyer, if this is only possible incurring disproportionate costs.
If supplementary performance as outlined in subpar. 1) fails or is unacceptable to the customer or if we refuse supplementary performance, the customer shall be entitled in accordance with the applicable law to withdraw from the contract, reduce the purchase price or demand compensation for damages or for the outlay incurred in vain. The specific provisions set forth in item VIII. of these GTC shall apply to claims of the customer for compensation for damages.
The warranty period shall be two years from delivery if the customer is a consumer, otherwise 12 months from delivery.
The following shall apply only towards entrepreneurs: The entrepreneur shall inspect the goods with care immediately after delivery. The delivered goods shall be deemed to be accepted by the entrepreneur if we are not notified of a defect a) in the case of evident defects within 5 workdays after delivery or b) otherwise within 5 workdays after detection of the defect.
The customer will not receive guarantees from us in the legal sense. Manufacturers’ guarantees shall remain unaffected.
In the case of a delay in delivery, our liability is limited to the amount of % of the respective purchase price (including VAT).
We shall only be liable to the customer for the foreseeable, direct, average damages typical for the contract in consideration of the nature of the product; we shall not be liable towards entrepreneurs in case of slightly negligent violation of non-essential contractual duties. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a lack of or failure to perform appropriate data back-up procedures.
This shall also apply to our legal representatives or vicarious agents in the event of a breach of their duties.
The above mentioned liability limitations do not affect the customer’s claims concerning product liability. The above limitations of liability shall furthermore not apply in case of wilful intent or gross negligence or in the event of health or bodily injury or the loss of life of the customer agents for which we are culpable.
The aforementioned liability limitations shall also not apply to claims of the customer insofar as we have provided a quality and/or durability guarantee, whereby this shall only apply for damage directly incurred to the goods, if the risk of such damage is clearly covered by the quality and durability warranty.
IX. Applicable law – place of jurisdiction – validity
The contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany subject to compulsory regulations under international private law. The provisions of the UN Sales Convention shall not apply.
If the customer is a merchant in the sense of § 1 subpar. 1 of the German Commercial Code HGB, a legal person under public law or public fund assets, then the sole place of jurisdiction for all disputes arising from or in relation to this agreement shall be the registered office of our company, Bergisch Gladbach. In all other cases we or the customer can file proceedings before any court responsible on the grounds of statutory provisions.
Should individual provisions of this contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The entirely or partially invalid provision shall then be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.