General terms and conditions of business
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction. In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Conclusion of contract
By pressing the button “BUY NOW” the customer places a binding order, which represents a contract offer. Before submitting his order, the customer has the opportunity to check and, if necessary, change his entered data via the “Last Check” section. After sending the order, an e-mail is sent to the customer confirming the receipt of the order and listing its details. The purchase contract is concluded by sending the goods within 14 days after receipt of the order. If the goods are sent after the aforementioned period (of 14 days), they are to be legally evaluated as a new offer; the customer is free to accept or reject the new offer.”. Our advertising details are not yet contract offers. If we confirm the acceptance of the customer offer emanating from our Internet presentation, deviations may occur, in particular with regard to colours and details, due to technical presentation possibilities.
3. Payment and Delivery
You can pay for the goods by PayPal, credit card and bank transfer. In the case of a legally possible delivery outside of Germany, additional shipping costs will be incurred, the amount of which is shown in the order process and the order confirmation. Should customs duties, taxes and/or fees arise, the respective parcel service provider will charge these to the recipient of the goods.
4. Price marking
All prices quoted for consumers include the legally applicable value added tax. The prices valid on the day of the order in the web shop apply in each case. With the release of a new version of the web shop, all previous price quotations for new orders lose their validity.
5. Reservation of proprietary rights
The goods remain the property of Tatschi Products GmbH until final payment of the purchase price. For entrepreneurs, the following applies in addition: We reserve the right of ownership of the goods until the complete settlement of all claims. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of a combination or mixture of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
6. Defects, impossibility
In the event of defects in the purchased item and in the event of impossibility, statutory law shall apply. Should delivered goods show obvious material or manufacturing defects, including transport damage, the customer is asked to complain about such defects as soon as possible (if possible within 5 working days after receipt) to tatschi Products GmbH. Failure to make this complaint has no consequences for the legal claims of the customer, in particular the legal regulations according to §§ 434, 435, 437 BGB remain in force. In relation to the merchant, this means that §§ 377, 378 HGB are still valid. No warranty claims shall arise if the defect has been caused by improper use or overstraining. In the unlikely event of non-delivery through no fault of tatschi Products GmbH after the confirmed conclusion of the contract, tatschi Products GmbH will inform the customer immediately about the non-deliverability of the goods and the estimated time of delivery. The customer then decides whether to wait for a later delivery or to withdraw from the contract. In the second case the customer will receive his payments back. In the event of an obligation to pay compensation for damages due to slight negligence, the limitation of liability pursuant to Section 7 shall apply accordingly.
For damages caused by tatschi Products GmbH the liability for slight negligence is excluded. This does not apply firstly to injury to life, body or health, secondly not to claims from the Product Liability Act, thirdly not to the violation of contractual cardinal obligations (essential contractual obligations), i.e. those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely, fourthly not to guarantees. The exclusion of liability for slight negligence to this extent also applies to actions of our legal representatives, employees or vicarious agents. In the case of liability for simple negligence in the event of breach of cardinal obligations, this liability is limited to foreseeable, typically occurring damage.
8. Consumer arbitration
We are not obliged and therefore not willing to participate in dispute settlement proceedings before a consumer arbitration board.
The customer is informed in detail about the nature, scope, location and purpose of the collection, processing and use of personal data required for the execution of orders, the registration to the e-mail notification service, by tatschi Products GmbH through this link to data protection about the content of the data protection. The customer explicitly agrees to this collection, processing and use of personal data. He can revoke this consent at any time with effect for the future.
10. Final clauses
If provisions of this contract should be ineffective or this contract contains gaps, the effectiveness of the contract shall not be affected. An invalid provision shall be replaced by statutory law. In the event of loopholes which cannot be closed by law, the contract shall be interpreted in addition according to what the parties would have agreed upon in good faith as bona fide contractual partners if they had considered the case not regulated.