Terms and conditions with Customer information
Table of contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Place of jurisdiction
11. Code of conduct
12. Alternative Dispute Resolution
1.1 These general terms and conditions (hereinafter referred to as "T&Cs") of TOX Dübel Technik GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day after sending the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as a payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When an offer is made via the Seller's online order form, the contract text shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.
2.7 Before making a binding order via 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 be the magnification function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The contract shall be concluded exclusively in the German language.
2.9 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address that they provide for order processing is correct so that emails 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 by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The Customer will be informed of the payment option(s) in the Seller's online shop.
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provisions of the Seller's withdrawal policy shall apply to the costs of returning the goods.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, they shall retain title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the Customer is acting as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer does not comply with this, this shall have no effect on their statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the Parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Place of jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office 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 has their registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.
11) Code of conduct
- The Seller complies with to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement 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 resolution procedure before a consumer arbitration board.