Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (TeeGschwendner GmbH) via the www.teegschwendner.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, instant transfer) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview. Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By clicking the "Place order in conjunction with a liability to pay" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to Creditreform Bonn Rossen KG, Graurheindorfer Str. 92, 53117 Bonn, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§7 Special regulations for collection from the local specialist shop / "Reserve & Collect".
Apart from ordering to your postal address, you can also select the desired items in the online shop and reserve them free of charge at a TeeGschwendner location within Germany selected by you from the list of participating specialist shops. Please proceed as follows in the ordering process:
- Select "Reserve & Collect" for the shipping method.
- Select "(Cash) payment on collection" for the payment method.
- Select the shop from which you would like to collect the products from the list of participating shops.
- Select the desired collection date
By making this selection ("Reserve & Collect" in combination with the payment method "(Cash) payment on collection"), you can reserve the desired products for collection from your selected TeeGschwendner shop. We will transmit your pick-up request to your selected TeeGschwendner shop. Please note that in the vast majority of cases, the specialist shops are run by our franchise partners and are independent businesses; accordingly, the regulations set out in the data protection provisions apply in this case.
The products you have ordered will generally be made available for you to collect for 5 working days after your reservation. Should individual products exceptionally not be in stock in the selected TeeGschwendner specialist shop, you will be informed by email.
After you have sent your reservation online, we will send you an email confirming that we have received your online reservation (reservation confirmation). Your reservation made in this way does not yet constitute an order subject to payment. A contract of sale is not concluded until you have decided to make the purchase in your local specialist shop. therefore, in no case is there an online purchase. Payment, as well as the collection of PAYBACK points and / or the redemption of vouchers, only takes place in the specialist shop on site. The contractual partner for a purchase is always the franchise partner you have chosen. Please note that the prices shown in the online shop are recommended retail prices.
When you collect your goods from the specialist shop, please quote the reservation number that we have given you in the reservation confirmation.
The reservation does not entail any legal obligation, it is therefore non-binding for both parties and does not oblige either to purchase or to provide the reserved goods. Rather, it is a free, voluntary and non-binding service. It should be noted that the stock of goods at the time of receipt of the reservation confirmation is subject to the reservation of other sales or reservations by other customers in the meantime.
Neither TeeGschwendner GmbH nor the participating specialist shops and their owners are therefore liable for incorrect reservations or reservations not made, irrespective of the customer correspondence that has taken place.
________________________________________________________________________
II. Customer information
1. Identity of the seller
TeeGschwendner GmbH
Heidestr., 26
53340 Meckenheim
Germany
Telephone: 022259214100
E-Mail: shop@teegschwendner.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Codes of conduct
4.1 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
Shipping costs in Germany
From an order value of EUR 20.00 we ship free of charge within Germany. For lower order values, shipping costs of EUR 4.70 apply.
If you choose direct debit for your first order, the order value must not exceed 100.00 EUR.
Shipping time
If no other period is stated in the respective offer, the goods will be delivered within approx. 3 - 7 days in Germany (Germany), for deliveries abroad within approx. 5 - 14 days after conclusion of the contract (in the case of agreed advance payment, after the time of your payment instruction).
Overview of shipping costs abroad:
Afghanistan 39,90 €
Albania 13,90 €
Algeria 29,90 €
American Samoa 29,90 €
Andorra 13,90 €
Angola 39,90 €
Anguilla 29,90 €
Antarctica 29,90 €
Antigua, Barbuda 39,90 €
Argentina €39.90
Armenia 39,90 €
Aruba 29,90 €
Australia 39,90 €
Austria 7,90 €
Azerbaijan 39,90 €
Bahamas 39,90 €
Bahrain 39,90 €
Bangladesh 39,90 €
Barbados 39,90 €
Belgium 7,90 €
Belize 39,90 €
Benin 39,90 €
Bermuda 29,90 €
Bhutan 29,90 €
Bolivia 39,90 €
Bosnia-Herzegovina 13,90 €
Botswana 39,90 €
Bouvet Island 29,90 €
Brazil 39,90 €
British Indian Ocean Territories 29,90 €
Brunei 29,90 €
Bulgaria €13.90
Burkina Faso 39,90 €
Burundi 39,90 €
Cambodia 29,90 €
Cameroon 39,90 €
Canada 29,90 €
Cape Verde 39,90 €
Cayman Islands 29,90 €
Central Af. Rep. 39,90 €
Chad 39,90 €
Chile €39.90
China, PR 29,90 €
Christmas Islands 29,90 €
Cocos Islands 29,90 €
Colombia 39,90 €
Comoros 39,90 €
Congo 39,90 €
Cook Islands 29,90 €
Costa Rica 39,90 €
Croatia 13,90 €
Cuba 39,90 €
Cyprus 13,90 €
Czech Republic 7,90 €
Dem. Rep. Congo 39,90 €
Denmark 7,90 €
Djibouti 39,90 €
Dominic. Rep. 39,90 €
Dominica €39.90
East Timor 29,90 €
Ecuador €39.90
Egypt 29,90 €
El Salvador 39,90 €
Equatorial Guinea 39,90 €
Eritrea 39,90 €
Estonia 13,90 €
Ethiopia 39,90 €
Falkland Islands 29,90 €
Faroe Islands 29,90 €
Fiji 39,90 €
Finland 13,90 €
France 7,90 €
French Guyana 29,90 €
French Polynesia 29,90 €
French Southern Territories 29,90 €
Gabon 39,90 €
Gambia 39,90 €
Georgia 29,90 €
Ghana 39,90 €
Gibraltar 29,90 €
Great Britain 13,90 €
Greece 13,90 €
Greenland 29,90 €
Grenada 39,90 €
Guadeloupe 29,90 €
Guam 29,90 €
Guatemala 39,90 €
Guinea 39,90 €
Guinea-Bissau 39,90 €
Guyana 39,90 €
Haiti 39,90 €
Honduras 39,90 €
Hong Kong 29,90 €
Hungary 13,90 €
Iceland 13,90 €
India €29.90
Indonesia 29,90 €
Iran 29,90 €
Iraq 29,90 €
Ireland 13,90 €
Israel 29,90 €
Italy 13,90 €
Ivory Coast 39,90 €
Jamaica 39,90 €
Japan 29,90 €
Jordan 29,90 €
Kazakhstan 29,90 €
Kenya 39,90 €
Kiribati 39,90 €
Kuwait 29,90 €
Kyrgyzstan 29,90 €
Laos 29,90 €
Latvia 13,90 €
Lebanon 29,90 €
Lesotho 39,90 €
Liberia 39,90 €
Libya 29,90 €
Liechtenstein 13,90 €
Lithuania 13,90 €
Luxembourg 7,90 €
Macau 29,90 €
Macedonia 13,90 €
Madagascar 39,90 €
Malawi 39,90 €
Malaysia 29,90 €
Maldives 29,90 €
Mali 39,90 €
Malta 13,90 €
Marshall Island 39,90 €
Martinique 29,90 €
Mauritania 39,90 €
Mauritius 39,90 €
Mayotte 29,90 €
Mexico 29,90 €
Micronesia 39,90 €
Moldova, Rep. 13,90 €
Mongolia 29,90 €
Montenegro 13,90 €
Montserrat 29,90 €
Morocco 29,90 €
Mozambique 39,90 €
Myanmar 29,90 €
Namibia 39,90 €
Nauru 39,90 €
Nepal 29,90 €
Netherlands 7,90 €
Netherlands Antilles 29,90 €
New Caledonia 29,90 €
New Zealand 39,90 €
Nicaragua 39,90 €
Niger 39,90 €
Nigeria 39,90 €
Niue 29,90 €
Norfolk Islands 29,90 €
North Korea 29,90 €
Northern Mariana Islands 29,90 €
Norway 13,90 €
Oman 29,90 €
Pakistan 29,90 €
Palau 39,90 €
Panama 39,90 €
Papua New Guinea 29,90 €
Paraguay 39,90 €
Peru 39,90 €
Philippines 29,90 €
Pitcairn 29,90 €
Poland 7,90 €
Portugal 13,90 €
Puerto Rico 29,90 €
Qatar 29,90 €
Réunion 29,90 €
Romania 13,90 €
Rwanda 39,90 €
S.Tome, Principe 39,90 €
Saint Helena 29,90 €
Samoa 39,90 €
San Marino 13,90 €
Saudi Arabia 29,90 €
Senegal 39,90 €
Serbia 13,90 €
Seychelles 39,90 €
Sierra Leone 39,90 €
Singapore 29,90 €
Slovakia 13,90 €
Slovenia 13,90 €
Solomon Islands 39,90 €
Somalia 39,90 €
South Africa 39,90 €
South Korea 29,90 €
South Sudan 39,90 €
Spain 13,90 €
Sri Lanka 29,90 €
St. Lucia 39,90 €
St. Vincent 39,90 €
St.Chr.,Nevis 39,90 €
Sudan 39,90 €
Suriname 39,90 €
Swaziland 39,90 €
Sweden 13,90 €
Switzerland 7,90 €
Syria 29,90 €
Taiwan, China 29,90 €
Tajikistan 29,90 €
Tanzania 39,90 €
Thailand 29,90 €
Togo 39,90 €
Tokelau 29,90 €
Tonga 39,90 €
Trinidad, Tobago 39,90 €
Tunisia 29,90 €
Turkey 29,90 €
Turkmenistan 29,90 €
Tuvalu 39,90 €
Uganda 39,90 €
United Arab. Emirates 29,90 €
United States of America 39,90 €
Uruguay 39,90 €
Uzbekistan 29,90 €
Vanuatu 39,90 €
Vatican City 13,90 €
Venezuela 39,90 €
Vietnam 29,90 €
Virgin Islands 29,90 €
Wallis and Futuna 29,90 €
Western Sahara 29,90 €
Yemen 29,90 €
Zambia 39,90 €
Zimbabwe 39,90 €
7.3 For the Reserve & Collect service, please note the deviating separate regulations listed under paragraph 7.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 27.10.2020