TERMS AND CONDITIONS
TERMS AND CONDITIONS
§1 SCOPE / DURATION
These General Terms and Conditions apply to all orders placed with the online shop of Tjoster GmbH (Managing Director: Wolfgang Krischke). Service hotline: 05722-89 83 50, e-mail: firstname.lastname@example.org
The goods offered in our online shop are exclusively aimed at buyers who are 18 years of age or older.
1. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already now contradicted.
2. The contractual language is exclusively German.
3. You can view and print out the current General Terms and Conditions on the Website.
§2 CONCLUSION OF CONTRACT
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
By clicking on the button "Pay now" you make a binding purchase offer (§ 145 BGB).
After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This confirmation does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the order confirmation.
A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you without an express prior declaration of acceptance. This generally takes place step by step after payment of the ordered goods.
The prices stated on the product pages include the statutory value-added tax and other price components and, unless expressly described otherwise, do not include the respective shipping costs.
§4 TERMS OF PAYMENT, DEFAULT
1. the payment takes place alternatively: on calculation by cash in advance, by cash on delivery or by Paypal.
If you choose the method of payment in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
2. if you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will be debited at the time we ship the goods to you.
If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5% above the base rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of 5.00 EUR, unless a lower or higher loss is proven in an individual case.
§5 SET-OFF / RIGHT OF RETENTION
You are only entitled to a right of set-off if your counterclaim has been legally established, is acknowledged by us or is not disputed or is in a close synallagmatic relationship with our claim.
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§6 DELIVERY / RETENTION OF TITLE
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
The goods remain our property until full payment of the purchase price.
1. If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%.
We shall be responsible for selecting the securities to be released.
§7 REVOCATION INSTRUCTION
The online shop offers both goods and tickets for demonstrations. Tickets are excluded without exception from the right of revocation or exchange. In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your independent professional activity, you have a right of revocation for goods in accordance with the following provisions:
1. RIGHT OF REVOCATION
If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
You have the right to revoke this contract within fourteen days without giving reasons. The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Tjoster GmbH, Schlossplatz 7b, 31675 Bückeburg, e-mail: email@example.com, fax: 05722-90 90 821) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
2. SAMPLE WITHDRAWAL FORM
To Company: The Tjoster GmbH
Address: Schlossplatz 7b, 31675 Bueckeburg
Fax: 0049-5722-90 90 821
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable.
3. CONSEQUENCES OF THE REVOCATION
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged 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. You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods. Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
4. EXCEPTIONS TO THE RIGHT OF REVOCATION
The right of revocation does not exist
- for the delivery of goods which are not prefabricated and for the production of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. signed books).
- in the case of sealed goods which are not suitable for return for health or hygiene reasons, if their seal has been removed after delivery
- on delivery of sound or video recordings or computer software in a sealed package, when the seal is applied
- on delivery of sound or video recordings or computer software in a sealed package, when the seal is applied
was removed after delivery (e.g. audio books)
- for tickets and entrance tickets to the performances of the Princely Riding School.
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Commercial Code (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - notwithstanding the statutory provisions - is one year. This limitation shall not apply to claims based on loss of life, physical injury or damage to health or the breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
1. In all other respects, the statutory provisions shall apply to the warranty.
2. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement delivery (subsequent performance). In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the moving does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can either demand a price reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
- Changes to the content of demonstrations, upgrades and downgrades of the booked guests are at the discretion of the administration of the Hofreitschule against payment on site. This applies in particular to extreme weather conditions, outside temperatures above 28 or below minus 10 degrees Celsius, thunderstorms and heavy rain, but also to force majeure and similar circumstances.
1. Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
2. Furthermore, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org
Chausseestrasse 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4