Terms & Conditions
I. Terms and conditions
§1 Basic Provisions
- The following General Terms and Conditions apply to all contracts concluded between TAVARLIN as the provider and a customer via the website www.tavarlinshop.de. Unless otherwise agreed, inclusion of your own conditions where appropriate is contradicted.
- Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities. Entrepreneur is every person or entity that acts in exercise of his/her or its trade, business or profession when entering into this agreement.
§2 Conclusion of the contract
- The aim of the contract is to facilitate the sale of goods. The product descriptions of the seller are without engagement and do not represent any binding offer for the conclusion of a contract.
- You can make a binding offer to buy through ordering by means of the online shopping cart system provided on our website. In order to do so place all goods contemplated to buy in the shopping basket''. By using the corresponding button, which you can find on the navigation bar, you can at any time access and modify your order in the shopping basket''. After accessing the page checkout'' and entering the personal details as well as the payment and shipping terms all order data will be shown once again on the order overview page. Before confirming the order, you have occasion to check and alter the order and personal data and can cancel the order if necessary (also by using the function back" of the browser). The offer is firm if you confirm your order by using the button ''order liable to pay''. You will receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.
- The acceptance of your offer (and therefore the conclusion of the contract) is made within 2 days by a written confirmation (e.g. via e-mail) in which we confirm execution of the order or delivery of the goods (order confirmation). Should you not have received a corresponding message, you are no longer bound to your order. Where appropriate, existing services rendered in this case be returned immediately.
- Your inquiry for preparation of an offer is non-binding for you. We will submit a binding offer to you in text form (e.g. via e-mail) which you are free to accept within 5 days. Processing of the order and submission of all information necessary in conjunction with the conclusion of the contract is executed via e-mail and partly automated. It is therefore your duty to ensure that your e-mail address registered with us is valid, the receipt of e-mails technically ensured and not prevented by spam filters.
§3 Right of retention, reservation of proprietary rights
- You can only assert the right of retention if your counterclaim is based on the same contract relation.
- The goods shall remain our property until the purchase price has been paid in full.
- With respect to businesses the following additional stipulations apply:
a) We retain the title to the goods until all demands from the current business relationship have been met in full. Before the delivery of the reserved goods the purchaser is forbidden to mortgage or transfer the ownership of the goods.
b) You are entitled to resell the goods in the standard course of business. In this case you assign to us all claims arising from resale to the amount of the invoice value; we accept the assignment. You are authorized to collect the transferred claim. Should you fail to meet your payment obligations duly, we reserve the right to collect the respective claim ourselves.
c) Upon the combining and mixing of the reserved goods, the seller acquires co-ownership in the new item in the proportion of the invoice value of the reserved goods to the invoice value of the other processed goods at the time of processing.
d) On customer's request we undertake to release the securities to which we are entitled insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is within our scope of responsibility.
- The legal requirements apply.
- If you are a business entity the following applies (by derogation from paragraph 1):
a) Only the seller's own information and the product description by the manufacturer (but not other advertising, public promotions or statements by the manufacturer) are deemed as agreed upon.
b) You are obligated to immediately inspect deliveries and to notify us in writing within 7 days from receipt of the goods in the event that you ascertain complaints and to specify the parts of the performance that are defective in the written statement. A timely mailing is sufficient for adhering to the deadline. In the event that the buyer violates his/her obligation to inspect and provide notice of any defects, the assertion of warranty claims is excluded.
c) In case of defects we initially provide warranty at our choice through rework or replacement. Should the correction of deficiencies fail twice, the buyer may claim a reduction of the purchase price or withdraw from the contract. In the event of a rectification, the seller is not obligated to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
d) The guarantee period amounts to one year starting from delivery of the goods. The shortening of the statutory warranty period does not apply to damages arising from injury to life, body and health and in the case of damage caused deliberately or due to gross negligence, respectively malicious conduct of the seller or rights of recourse in accordance with §§ 478, 479 of the German Civil Code (BGB).
- We accept unlimited liability in accordance with the law for loss of life, bodily or health impairment, in case of gross negligence or malice, if a defect is fraudulently concealed, in case of the assumption of a guarantee for the condition of the goods, for damages based on the product liability law as well as in all other cases ordered by law.
- If significant contractual obligations are affected our adhesion with more easily negligence our liability is restricted to foreseeable loss typical of this type of contract. Cardinal obligations shall be essential contractual obligations which arise from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the agreement as well as obligations imposed to the seller, based on its content, for attainment of the contract objective and material contractual obligations the fulfillment of which make the proper execution of the contact possible and which are regularly adhered to.
- In the case of a slightly negligent breach of contractual obligations our liability is excluded.
- The data communication via the internet cannot be guaranteed - according to the actual state of technology - error-free and/or with access at any time. We therefore do not accept liability either for the permanent and uninterrupted availability of our on-line trading system and the service offered therein.
§6 Proper Law, Place of Performance, Jurisdiction
- German law shall apply. This choice of law shall only apply to consumers as long as this does not affect imperative provisions of the law of the state in which the user has his/her habitual abode (principle of most favourable condition).
- The place of performance for all services arising from this contract for delivery as well as jurisdiction is the commercial establishment of the seller insofar as the purchaser is an entrepreneur or public law corporation or public fund asset. Equally if the customer does not have any general place of jurisdiction in the Federal Republic of Germany or the European Union or should the client's domicile or usual place of residence be unknown at the time proceedings are instituted. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
- The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
II. Customer Information
1. Identity of the seller
TAVARLIN GmbH (Ltd.)
Schönberger Weg 13
phone: +49 (0)6151 – 86 179 0
fax: +49 (0)6151 – 86 179 10
2. Information about the conclusion of the contract
Technical steps for the conclusion of the contract, the conclusion of the contract itself and options for correcting shall be regulated exclusively on the basis of §2 of the general terms of business (part I).
3. Treaty language, contract text storage
- Contract language is German.
- The wording of the contract in completion will not be stored by us. Before confirming the order via the online cart system you can print the contract data in text form via the print function of your browser or save it electronically. After receiving the order data, the information required by law in the case of distance contracts and the terms and conditions will be sent to you again via e-mail.
- In case of requests for quotations outside the online cart system you will receive all contract data in the context of a binding offer via e-mail which you can then print out or save electronically.
4. The important characteristics of the product or the service
The important characteristics of the product or the service you will find in the item description and additional information on our website.
5. Prices and payment methods
- The rates listed in our offers as well as shipping costs represent overall prices. They embody all components of the price, including taxation.
- The incurring shipping costs are not included in the purchase price. They are available via the corresponding tab on our website, will be reported separately during the order process and have to be paid by the purchaser unless delivery free of shipping costs has been confirmed.
- The payment methods available to you are disclosed via the corresponding tab on our website or can be found in the respective product description.
- Unless indicated otherwise for the respective payment methods, payment claims resulting from the concluded contract are due for immediate payment.
- Retrospective refund of VAT – e.g. on export to non-EU countries - even when producing corresponding customs documentation is not possible for administrative reasons.
6. Terms of delivery
- The terms of delivery, the delivery date as well as, where appropriate, delivery restrictions can be located using the corresponding tab on our website or in the in the respective product description.
- As far as you are a consumer, it is regulated by law that the risk of accidental loss or accidental impairment shall only be transferred to the customer upon delivery regardless of whether the shipment is insured or uninsured. This is not applicable if you employ a company or person for the execution of shipment that has not been designated by the contractor. If you are an entrepreneur, delivery and shipping are at your own risk.
7. Statutory warranty rights for goods
- Warranty rights for our goods comply with the regulation named ''warrant'' indicated in part I of our terms and conditions.
- As a consumer you are requested to check the goods for completeness, obvious defects and transport damage directly after delivery and to inform the seller and the forwarding agent about any reclamation. Failing to comply with this demand will not affect your legal guarantee claims.
These terms and conditions as well as the customer information have been compiled by Händlerbund lawyers specialising in IT law and legal conformity is permanently monitored. Händlerbund Management AG guarantees legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
Information on Online Dispute Resolution / Consumer Mediation
The EU Commission provides a platform on the Internet under the following link for online Dispute resolution ready: http://ec.europa.eu/consumers/odr/
This platform serves as a point of contact for the out-of-court settlement of Disputes arising from online sales or service contracts to which an consumer is involved. The supplier is neither willing nor obliged to participate in a consumer dispute resolution procedures under the VSBG.
Our e-mail address is: firstname.lastname@example.org