Terms of Service
The following general terms and conditions of business and delivery expressly apply to all orders:
§ 1 Delivery and services
All deliveries and services based on online orders via the Internet are subject to these general terms and conditions. Deviating and / or supplementary agreements require the express consent of Herbert Tückmantel - Internet trading and must be made in writing. A legally valid sales contract comes about through the incoming order from the customer and our acceptance (e.g. by telephone, email or through conclusive action).
§ 2 Online-orders
Herbert Tückmantel - Internet trade will process and ship incoming online orders immediately. Delivery dates are not binding unless they have been agreed in writing.
§ 3 Transport
The customer must make complaints about transport damage directly to the transport company within the deadlines provided and also inform Herbert Tückmantel - Internet trade.
§ 4. Invoices and payments
Invoices are due immediately and payable without any deduction, unless different payment modalities have been agreed.
§ 5 Complaints
Complaints about scope of delivery, material defects, incorrect deliveries and quantity deviations must be made in writing immediately, but no later than one week after receipt of the goods. In the event of justified complaints, Herbert Tückmantel - Internet trade will deliver later and, subject to exclusion, exchange the goods, take them back or grant the buyer a price reduction at your option. If, in the event of the goods being exchanged, the second replacement delivery is also defective, the buyer has the right to change or reduce the price.
§ 6. Object of purchase and ownership
The object of purchase remains the property of Herbert Tückmantel - Internet trade until full payment has been made. The retention of title also applies to all claims against the buyer in connection with the object of purchase, e.g. B. due to repairs and other services. For the duration of the retention of title, the buyer is entitled to own and use the object of purchase in accordance with the contract, as long as he meets his obligations from the retention of title and his obligations from the business relationship in a timely manner. The customer is obliged to provide the operator with all information required within the scope of the pursuit of rights from the agreed retention of title.
§ 7 Non-acceptance of the goods
Goods that have been ordered and not accepted or direct debits that have not been redeemed entitle Herbert Tückmantel - Internet Commerce to terminate the contract and to justify a claim for damages in the amount of 20% of the net order value and processing costs in the amount of EUR 12.78 plus VAT to be borne if the customer does not withdraw from the purchase contract in writing within the statutory withdrawal period. A purchase contract is concluded when the online order is sent. The customer accepts the terms and conditions of the order by sending the order.
§ 8 Electronic data storage
Please see our detailed information or the button "Data protection"
§ 9 Warnings
If you find content on our site that violates the rights of third parties or should content violate legal provisions, please let us know. We will immediately change the content of this page accordingly. Chargeable warnings will therefore not be accepted.
§ 10 Final provisions
The ineffectiveness of individual points of these general terms and conditions does not affect the effectiveness of the remaining provisions. The ineffective provision is replaced by a new provision that comes as close as possible to the ineffective provision in terms of its economic effect.
Consumer information according to distance selling regulations
When ordering goods by e-mail / telephone or letter that does not affect your commercial or self-employed activity, please note the following information required by law.
1. Our general terms and conditions of delivery apply to shipping within Germany
2. You have the option of paying for the goods you have ordered in advance or PayPal (here also in connection with VISA or Mastercard).
3. In principle, the shipping instructions and shipping costs given apply.
4. The purchase contract becomes effective when the order is sent and the goods are received. Our general terms and conditions of delivery and consumer information must be accepted before the order process is completed, otherwise an order is not possible.
5. You can revoke your contract declaration within 31 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. - Goods that are made according to customer specifications or that are clearly tailored to the personal needs of the buyer (custom-made products) are not subject to this right of withdrawal!
6. If the goods cannot be sent as a package, you can request the return of the goods within the aforementioned period. The return request must be made in writing, specifying the goods ordered and the invoice number as well as your address.
7. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 90 euros. Otherwise, the return is free of charge.
8. If the goods have deteriorated within the two-week return period or if they can no longer be returned, you are obliged to compensate for the value of the goods if you are responsible for the deterioration. For the transfer of the use or the use of the goods by you as well as for other services up to the time of exercising your right of return, their value is to be reimbursed.
9. If you return the goods, please send them back with sufficient postage. Please include the invoice number and your address with the return.
10. Notes: This instruction corresponds to the new model for a cancellation instruction provided by the legislator in Appendix 1 to Article 246, Section 2, Paragraph 3, Clause 1 of the EGBGB. The revocation period is 14 days in accordance with Section 355 (2) of the German Civil Code (BGB) if the consumer is informed of revocation instructions in writing at the latest when the contract is concluded or immediately after the conclusion of the contract. If the instruction is given later in writing, the deadline is one month. Compensation for a deterioration in value resulting from the intended use of the item can be requested in accordance with Section 357 (3) BGB if the consumer is informed in writing at the latest when the contract is concluded or immediately after the conclusion of the contract and the consumer in good time before submitting his contractual declaration about the obligation to pay compensation and one way of avoiding them has been informed. The European Court of Justice (ECJ) ruled on September 3rd, 2009 (Az .: C-489/07) that a general compensation for value in the event of revocation is not compatible with European law requirements. Until the German legislator creates a new legal regulation, it is legally controversial how to teach about the obligation to pay compensation.
11. Should you find content on our site that violates the rights of third parties or should content violate legal provisions, please let us know. We will immediately change the content of this page accordingly. Chargeable warnings will therefore not be accepted.
Information on online dispute resolution:
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: 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 purchase or service contracts in which a consumer is involved.
