§ 1 SCOPE OF APPLICATION
1.1 We make these terms and conditions the subject and content of every offer we make and execute orders placed with us for delivery and / or performance exclusively on the basis of these terms and conditions, unless expressly agreed otherwise in individual cases.
1.2 These terms and conditions shall also apply to all future business relations, even if they have not been expressly agreed again. They shall also become part of the contract if they have not been forwarded to the contractual partner with the offer or otherwise handed over or brought to the attention of the contractual partner prior to the conclusion of the contract, but the contractual partner is a registered merchant within the meaning of the law and he has become aware of these terms and conditions due to earlier business relations, whether through earlier conclusion of the contract, earlier offers from us or earlier business negotiations with us.
1.3 A customer’s general terms and conditions of business or contract shall not become part or content of the contract concluded with us even if the customer regularly uses them for placing orders or placing orders.
1.4 Amendments or supplements to these terms and conditions shall only be effective if we have confirmed them in writing for the individual contract or to a customer.
§ 2 OFFERS, CONCLUSION OF CONTRACT, CHANGE OF DELIVERY TYPE
2.1 With our offers we want to give interested customers the opportunity to place orders; our offers are therefore generally subject to confirmation and non-binding, unless we expressly confirm the binding nature of an offer in writing. A contract is only concluded with us if we confirm acceptance of a customer’s order in writing or if we deliver or hand over the ordered goods to the customer.
2.2 Contractual performance shall be effected by transfer of ownership in accordance with the order confirmation confirmed in writing by THB or by handing over the goods. Insignificant changes to the order, which do not affect the suitability or value for the purchaser, also mean the contractual fulfilment. Drawings, illustrations, dimensions, weights or other performance features which do not affect the suitability shall only be binding if they have been expressly agreed in writing. We reserve the right to make technical and / or design deviations from descriptions and information in our brochures and catalogues without deriving any rights against us from such deviations. If the manufacturer or our supplier make changes to an ordered article, these being deviations in material, dimensions, weight, colour, structure, construction and/or model type, we reserve the right to deliver another product corresponding to the ordered article, provided that this is reasonable for the customer and the price for the other product does not exceed the originally intended product by more than 5%. We reserve the right to make design changes at any time, but are not obliged to make such changes to products already delivered.
§ 3 DELIVERY AND PERFORMANCE TIME
3.1 Delivery or service dates stated by us shall only represent an indication of the earliest possible possibility of delivery or service, but not a calendar determination of the time of delivery or service; the dates and deadlines stated by us shall therefore be non-binding, unless the obligation has been expressly agreed with the customer in writing as an absolute transaction for delivery by a fixed date.
3.2 Delivery dates which we state after receipt of a complete order are always subject to the proviso that we are supplied correctly, on time and completely with regard to the ordered article itself.
3.3 We are entitled to make partial deliveries at any time.
§ 4 DEFAULT IN PERFORMANCE AND DELIVERY
4.1 If the stated delivery date is exceeded, we shall only be in default if we do not deliver despite a written reminder and the setting of a grace period by the customer; the grace period must be at least two weeks.
4.2 We are not at fault for delivery and performance disruptions due to force majeure or due to facts or events which are unknown to us and for which we are not responsible.
4.3 In the event of our delay in delivery, the customer shall have a claim for subsequent performance, which he may assert against THB subject to further notice. Should the delivery no longer be of interest to the customer, the customer shall be entitled to withdraw from the contract after expiry of the grace period to be set by him in writing. Any further claims of the customer, in particular claims for damages or reimbursement of expenses according to § 284 BGB (German Civil Code), are excluded.
4.4 We shall only be liable – to the extent permissible – for intentional or grossly negligent acts by us or our vicarious agents and under no circumstances for vicarious agents.
§ 5 WARRANTY RIGHTS
5.1 We guarantee that articles delivered by us are free from manufacturing and material defects.
5.2 The customer shall inspect the goods delivered by us immediately upon receipt for contractual quality and proper function and shall notify us in writing of any defects, faults or damage immediately, but no later than one week after receipt of the goods. We do not provide any warranty for defects, faults or damage notified late, unless these could not be ascertained during proper inspection by the customer. The customer bears the burden of proof for this.
5.3 Our warranty period for private customers is two years from transfer of risk, at the latest from transfer. In the case of a commercial purchase by companies within the scope of their economic activities, this warranty period shall be reduced by mutual agreement in advance to one year from the date of delivery of the goods by THB. If the manufacturer grants a longer guarantee for goods purchased from us, this can be handled by us for a fee in the event of faults or defects.
5.4 Our warranty obligation shall not extend to defects, faults or damage caused by improper or violent operation, non-compliance with operating or maintenance instructions, overstraining or other interference with the delivered goods by the customer or third parties not belonging to our area of responsibility, or by modifications being made to articles delivered by us, parts being replaced or consumables not conforming to the original specifications being used for these goods.
5.5 We shall provide a warranty in the form of a claim for subsequent performance, at our discretion, by repair or replacement. For this purpose, the customer must send us the item complained of completely in its original packaging and describe the defects, faults or damage complained of in as much detail as possible. The customer shall bear the risk of sending the goods complained about to us and subsequently returning them, even in the event of a replacement delivery, unless he delivers and collects the goods from THB. This provision shall also apply if the manufacturer makes use of a warranty service provided by us after expiry of our warranty obligation.
5.6 The customer shall only be entitled to rescind the contract or reduce the purchase price if THB does not fulfil its obligation to remedy the defect or make a replacement delivery despite a written request and the setting of a reasonable period of grace, or if at least two attempts to remedy the defect or make a replacement delivery did not lead to rectification of the defect, and furthermore if THB is responsible for the defect, THB shall be entitled to damages.
5.7 Customer’s warranty claims due to non-fulfilment, culpa in contrahendo, breach of secondary contractual obligations, for consequential damage caused by a defect,
for tort and other legal reasons are excluded, unless THB is responsible for the defect.
5.8 A warranty shall only be given to our customer, an assignment of the existing warranty claims against us shall be excluded.
5.9 If the inspection of the goods complained about reveals that the defect asserted by the customer is not present, the article is much more free of defects and faults, we shall be entitled to charge the customer the inspection costs according to actual expenditure against cash payment upon collection or, at the customer’s request, to charge the customer cash on delivery with the shipping costs upon return of the article.
§ 6 PRICES, PAYMENT, DEFAULT OF PAYMENT, OFFSETTING
6.1 The agreed prices are quoted from the company headquarters of THB-Technic House Berlin GmbH in Berlin without other ancillary services.
6.2 Unless otherwise agreed, the invoice is due upon delivery of the goods. Payments must be made within 8 days after receipt of the invoice without deductions.
6.3 We may first set off each payment by a customer against the oldest debt of the customer, insofar as costs and / or interest have already been incurred in relation to an older debt, first against the costs and then against the interest, even if the customer has made a different performance provision. We will inform the customer about this.
6.4 Payment shall only be deemed to have been made when THB can dispose of the amount. We reserve the right to carry out deliveries and services only against advance payment.
6.5 The customer shall be in default if he refuses to accept a cash on delivery delivery of goods or, in the case of advance payment or delivery against invoice, fails to make the payment owed by him in full or in part despite a reminder. From the time of default, we shall be entitled to charge interest at the rate charged by the commercial banks for open current account credits, unless we prove a higher loss or the customer proves a lower loss.
6.6 If a customer is in default of payment within the framework of existing business relations or if he suspends his payments or if other circumstances become known which call the creditworthiness of the customer into question, we shall be entitled to demand payment of all claims to which we are entitled against this customer.
6.7 In the event of default in payment, we shall be entitled to demand that the customer return the goods and items delivered to him before expiry of a grace period set in accordance with § 326 BGB (German Civil Code), without this and / or the taking back of such goods constituting a withdrawal from the contract. The customer hereby grants his consent in advance for any necessary reassembly of articles supplied by us. The customer shall bear the costs incurred by us for the return of the goods and, if applicable, their dismantling, including the costs of returning the goods.
6.8 The customer is only entitled to set-off, retention or reduction, even if counterclaims are asserted, if these counterclaims have been legally established or are undisputed. However, the customer is entitled to withhold payment due to counterclaims arising from the same contractual relationship.
§ 7 SHIPMENT AND TRANSFER OF RISK, INSURANCE
7.1 We dispatch articles ordered from us, which are not to be picked up but rather are to be sent, in principle against cash on delivery, whereby we reserve ourselves the kind of the dispatch (German post office AG, private parcel service etc.).
7.2 The dispatch takes place on danger of the customer. The risk of accidental loss, damage or deterioration of the ordered items shall pass to the customer at the time at which we have handed over the goods to the company carrying out the transport or shipment. If dispatch is delayed at the customer’s request, the risk shall pass to the customer upon notification that the goods are ready for dispatch.
7.3 In the event that ordered items are lost or damaged in transit, we shall take out insurance only at the express request of the customer and at his expense.
§ 8 RETENTION OF TITLE
8.1 We reserve title to all goods delivered by us to the customer (reserved goods) until complete payment of all claims to which we are entitled from deliveries of goods, including future claims against the customer.
8.2 As long as the customer is not in default, he shall be entitled to process and / or resell the reserved goods in the ordinary course of business. The customer hereby assigns to us by way of security all claims against third parties to which he is entitled as a result of the resale or for any other reason with regard to the reserved goods; we hereby accept this assignment. At the same time, we revocably authorise the customer to continue to collect the assigned claims in his own name and for his own account. In the event of revocation, which is only permissible if the customer does not meet his payment obligations to us, and at our request, the customer must disclose the assignment to his debtor and submit to us the documents required for collection of the claim, such as delivery notes and invoices.
8.3 If our reservation of title expires due to the processing of articles delivered by us (e.g. due to combination with other items), the customer hereby assigns to us co-ownership of the uniform item created by combination. The handover shall be replaced by the fact that the customer shall keep the new object created by combination for us free of charge.
8.4 If third parties assert rights with regard to the reserved goods, e.g. in the event of seizure, the customer must point out our ownership and inform us immediately. The customer shall reimburse the costs of any intervention by us that may become necessary if the third party is not in a position to reimburse us for the costs incurred in this connection.
§ 9 PLACE OF JURISDICTION
9.1 The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between the customer and THB.
9.2 Berlin shall be the agreed place of jurisdiction if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law.
§ 10 RIGHT OF REVOCATION
10.1 According to § 361 a BGB private customers are entitled to a right of revocation. The revocation period begins with the point in time at which the customer has been provided with a clearly structured instruction on his right of revocation, which makes his rights clear to him in accordance with the requirements of the means of communication used, on a permanent data carrier. The revocation period is two weeks. The revocation does not require any justification. The timely dispatch of the revocation to the specified address of THB-Technic House Berlin GmbH is sufficient to meet the deadline. A right of revocation does not exist for contracts for the delivery of goods manufactured according to customer specifications.
10.2 In the case of orders up to an amount of 40.00 Euro, the customer shall bear the regular costs of returning the goods. He has to commission a usual and recognized transport company or parcel service (e.g. Deutsche Post AG) with a standard parcel or small parcel.
§ 11 DATA PROTECTION
THB-Technic House Berlin GmbH is entitled to process the data about the buyer received with regard to or in connection with the business relationship, regardless of whether this data originates from the buyer himself or from third parties, in accordance with the Federal Data Protection Act. This notice replaces the notification in accordance with the Federal Data Protection Act that personal data about the customer is stored and processed by computer. Personal data is collected on this website only to the extent technically necessary. Under no circumstances will the collected data be sold or passed on to third parties for other reasons. Excluded from this are our service partners who require the transmission of data for order processing and order processing (e.g. partner companies commissioned by us, the shipping company commissioned with the delivery or the credit institute commissioned with the payment processing). The following explanation gives you an overview of how we guarantee this protection and what kind of data is collected for what purpose. For the transmission of your data we use a secure server with SSL technology (Secure Socket Layer) with a 128-bit encryption. In this way, your data is transmitted to us securely and unreadably by unauthorized persons.
* Data processing on this website
The provider automatically collects and stores in its server log files information that your browser transmits to us. These are:
* Browser type/ version * Operating system used
* referrer URL (the previously visited page)
* Hostname of the accessing computer
* Time of the server request.
This data cannot be assigned to specific persons by the provider. A combination of these data with other data sources is not made, the data are deleted after a statistical evaluation.
Our Internet pages use so-called cookies in several places. They serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer by your browser. Most of the cookies we use are so-called “session cookies”. They are usually deleted automatically at the end of your visit if you have not deactivated this in your browser settings. Cookies do not damage your computer and do not contain viruses.
If you would like to receive the newsletter offered on the website, we require a valid email address from you as well as information that allows us to verify that you are the owner of the email address provided or that the owner agrees to receive the newsletter. Your consent to the storage of the data, the email address and its use to send the newsletter can be revoked at any time.
§ 12 ORDER PROCESS
Customer information on the order process and the binding purchase.
Dear customers, in the following we would like to explain some points to you, which can be important for the conclusion of a contract for you. After successful purchase, customers automatically receive a purchase confirmation by e-mail about the product they have purchased. We have attached to this confirmation of purchase this customer information, our general terms and conditions and the instruction about the right of revocation with distance selling contracts. We also receive your purchase by e-mail. With it we receive the customer data registered by you in the context of the purchase procedure. This information will be printed out by us. A further storage does not take place. Our printout is not accessible to you. Please keep your purchase confirmation carefully.
The individual technical steps to the conclusion of the contract
a) You can order products on our homepage by clicking on the product name of the product you wish to order. This will take you to the product description.
b) Within the product description you can put the selected article with the button “buy” into the shopping basket. You will then be taken to your proof of purchase.
c) There you can search for further articles in our shop with the browser button “back”. However, you can also continue the actual purchase with the button “Checkout”. In the case of the search of further articles the steps a to c repeat themselves.
d) In case of going to the checkout you will be asked to enter your invoice data and confirm by mouse click that you have accepted the terms and conditions and the right of withdrawal.
e) With the button “Payment method” you reach the page which tells you the shipping costs and gives you the possibility to choose the shipping method and the payment method.
f) You will be taken to the page where you can select your preferred payment method. You will also be asked to review your previous entries. With the button “back” you can change everything. You can also send your purchase. Correction of input errors You can cancel the purchase process at any time – before you send the purchase, you can also reverse everything with the “back” button. The contract is concluded through our purchase confirmation, which you receive promptly in PDF form after the automatic order confirmation. We check your purchase confirmation for errors in content and also inform you of the delivery times of the individual items.
§ 13 SEVERABILITY CLAUSE
Should individual provisions of these terms and conditions be or become invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. Rather, it shall be replaced by a legally permissible or enforceable provision that comes as close as possible to the intended economic purpose of the invalid or unenforceable provision.