© 2015 Tess GmbH

T.ESS GmbH
Englschalkinger Str. 196
81927 Munich

 

info@tessmunich.com

order@tessmunich.com

Telephone: +49 89 673597960

Fax: +49 89 6735979610

Account number: 17372640   IBAN: DE33702501500017372640

Sorting code: 70250150          BIC: BYLADEM1KMS

Terms and Conditions with customer information

contents

1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and Terms of Payment 5. Delivery and Shipping Conditions 6. Retention of Title

7. Liability for defects (warranty)

8. Special conditions for the processing of goods according to the customer's specifications

9. Redemption of action vouchers

10. Applicable law

11. Jurisdiction

12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of T.ESS GmbH (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of Seller's completed in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. Here, the customer, after placing the selected goods in the virtual shopping cart and the electronic order process

has gone through, by clicking the finalizing the order process button a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax, e-mail or post to the seller.

2.3 The seller can accept the offer of the customer within five days,

- by submitting to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or

- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

- by asking the customer for payment after submitting his order.

If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after the conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller does not take place.

2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 The contract is concluded in German and English.

2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of revocation results from the revocation instruction of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.

4.6 If you select the payment method Invoice Purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and this payment method

Overrun of the specified order volume. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction. The seller further reserves the right to carry out a credit check when selecting the payment method Invoice Purchase and to reject this method of payment if the credit check is negative.

4.7 If the payment method "PayPal Invoice" is selected, the seller transfers his payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method "PayPal Rechnung" in case of a negative examination result. If the payment method "PayPal invoice" is approved by PayPal, the customer has to pay the invoice amount within 30 days from receipt of the goods to PayPal, provided that PayPal does not specify any other payment term. In this case, he can only pay to PayPal with a debt-discharging effect. However, the seller remains responsible for general customer inquiries, even in the case of assigning claims. For example, to the goods, delivery time, shipping, returns, complaints, revocation and send or credit notes. In addition, the General Terms of Use for the use of the invoice purchase of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.

5.3 Pickup is not possible for logistical reasons. 6) Retention of title

If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.

 

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory provisions shall apply

Liability for defects.

7.2 Deviating from this applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

- for items that have been used for a structure in accordance with their normal use and have caused its defectiveness,

- for damages and reimbursement claims of the customer, as well

- in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to the customer's specifications

8.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to specific specifications of the customer, the customer has the operator all necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.

8.2 The customer exempts the seller from claims of third parties, which they can assert in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose is contrary to legal or official prohibitions or offended against the good manners. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.

9) Redemption of action vouchers

9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

9.3 Action vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

9.4 Per order, only one action voucher can be redeemed.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher.

Any remaining balance will not be refunded by the seller.

9.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

9.7 The balance of an action voucher is neither paid in cash nor interest.

9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.

9.9 The action coupon is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

10) Applicable law

10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

11) Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission is providing a platform on the Internet at the following link

Online dispute resolution ready: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.