(1.1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between TP Automation e.K., owner Thomas Pilger, address Kreuzgraben 36, 91462 Dachsbach, Germany (hereinafter referred to as the "Seller") and the Customer (hereinafter referred to as the "Customer") in the version valid at the time of placing the order.
(1.2) A consumer within the meaning of these GTC and the withdrawal policy is every natural person who enters into a legal transaction for a purpose that is mainly outside his trade, business or profession (Section 13 German Civil Code). An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 (1) German Civil Code).
(1.3) Deviating terms and conditions of the Customer shall not be accepted, unless their validity has been expressly agreed by the Seller.
(2.1) The presentation of products in the online store does not constitute a legally binding offer, but merely an invitation to place an order. Performance specifications in catalogues and websites of the Seller should not be construed as an assurance or guarantee.
(2.2) All offers are valid "while stocks last", unless otherwise stated in the product description. Any responsibility for errors is hereby excluded.
(3.1) The Customer can choose from the range of products offered by the Seller and place the selected items in a shopping cart by clicking on the "add to cart " button. On the shopping cart page, the Customer can click on the [proceed to checkout] button in order to complete the order.
(3.2) By clicking on the "purchase " button, the Customer makes a binding offer to buy the goods in the shopping cart. Before completing the order, the Customer will have the option to view and change the details at any time, selecting the particular steps of the ordering process or using the browser's back/forward buttons. Required information is marked with an asterisk (* ).
(3.3) Next, the Seller will send the Customer an automatic confirmation of receipt by email detailing the Customer's order, which the Customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely confirms that Customer's order has been received by the Seller and shall not constitute acceptance of the order. The purchase agreement shall only come into effect if the ordered product is dispatched or handed over by the Seller to the Customer or if the dispatch of the goods is confirmed by sending an invoice or an express order confirmation by another email within 4 days of placing the order (for entrepreneurs the acceptance period shall be 14 instead of 4 days).
(3.4) The conclusion of the Contract may also be effected by other means of distance communication (e.g. email, phone or fax). An order by these means constitutes a binding offer. The conclusion of the contract takes place in accordance to the section 3.3 of these GTC.
(3.5) In case of advance payments, the contract shall come into effect upon provision of the bank details and request for payment. If the payment is not received by the Seller within 10 days of sending the order confirmation despite a second request for payment, the Seller shall rescind the contract with the result that the order will be cancelled and the Seller relieved from the obligation to deliver. The order shall then be deemed completed without any further consequences for the Customer or the Seller. When paying in advance, goods can only be reserved for a maximum period of 10 calendar days.
(4.1) All prices quoted on the Seller's website are inclusive of any applicable VAT and exclusive of delivery costs. For Customers who are logged-in as entrepreneurs the prices will be displayed exclusive VAT.
(4.2) The delivery costs and, if applicable, packaging costs, are clearly communicated to Customer on a separate information page in the online store and as part of the ordering process.
(5.1) Information about delivery times can be found in a separate information page .
(5.2) Where payment in advance has been agreed, the goods shall be delivered after receipt of the invoice amount.
(5.3) If the Seller does not have all the ordered products in stock and the Customer is an entrepreneur, the Seller shall be entitled to make partial deliveries at his own expense insofar as this is reasonable for the Customer. Partial deliveries at the expense of the seller are only possible within Germany and only by appointment.
(5.4) After three unsuccessful delivery attempts caused by circumstances attributable to the Customer, the Seller shall be entitled to rescind the contract. Any payments already made shall then be refunded to the Customer without undue delay.
(5.5) If the ordered product is not available, because the Seller has not received the goods from his suppliers for reasons beyond his control, the Seller shall be entitled to rescind the contract. In this case, the Seller shall notify the Customer immediately and may offer to deliver a comparable product. If no comparable product is available or the Customer will not accept a comparable product, the Seller shall refund any payments already made to the Customer immediately.
(5.6) Customers shall be notified of delivery times and restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or in the relevant product description.
(6.1) The Customer can select the mode of payment from the available payment methods during the ordering process and before completing the order. Information about the available payment methods is provided to Customers on a separate information page.
(6.2) International orders may be subject to customs duties and bank charges may be payable on international bank transfers; any such charges, duties or taxes shall be borne by the buyer.
(6.3) Where Customers are paying per invoice, the payment must be made within 14 days of receipt of the goods and the invoice. In the case of all other methods of payment, the payment must be made in advance and in full. Individual agreements between the parties shall prevail.
(6.4) Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
(6.5) If there are differences in delivery times for the ordered products, a single invoice will be issued for each partial delivery.
(6.6) The seller may provide the invoice by post or by electronic means.
(6.7) If a calendar date has been specified for payment, the Customer will be in default if he fails to deliver by that date. In this case, the Customer shall be obliged to pay the statutory late-payment interest.
(6.8) For Customers who are entrepreneurs, the Seller reserves the right to fulfil the order only against payment upon delivery or advance payment in individual cases or in the event that payment by credit institutions or services providers of the respective type of payment is rejected. In this instance, the Customer can accept this or withdraw from his order. Cheques are only accepted as conditional payment from Customers who are entrepreneurs and may be returned at any time.
(6.9) Costs incurred by reversing a payment transaction for lack of cover or due to wrongly transmitted data by the Customer will be charged to the Customer.
(6.10) The Customer's obligation to pay late-payment interest shall not preclude the Seller's right to assert further late-payments claims.
(6.11) The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by the Seller. The Customer may only withhold payment if all the relevant claims arise from the same contractual relationship.
(7.1) The Seller shall retain title to any supplied goods until they have been paid for in full.
(7.2) If the Customer is an entrepreneur, the following regulations shall furthermore apply: the Customer is obliged to handle the purchase item with care. Purchase items are always processed or reformed by the Customer for the Seller. If the purchase item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in proportion to the value of the purchase item to the other processed items at the time of processing. The same applies to the item arising from the processing as for the purchase item delivered subject to reservation. The Customer shall also assign to the seller the claim to secure demands against him which arise against a third party due to connecting the purchase item to property. Access by third parties to the goods owned or co-owned by the Seller must be demonstrated by the Customer immediately. The Customer shall bear the costs incurred by such interventions for third-party proceedings or for out-of-court surrenders. The Customer is entitled to resell the purchase item in the course of ordinary business. The Customer shall assign claims resulting from resale or other legal reasons regarding the goods (including all current account balance claims) to the Seller as a security in their full extent. The Seller authorises the Customer to collect the claims assigned to the Seller for his own account and in his own name. This authorisation may be revoked if the Customer fails to meet his payment obligations. The Seller agrees to release the securities of the Customer at his request insofar as the realisable value of the securities exceeds the secured claims by more than 10%; the choice of the securities to be released is incumbent upon the Seller.
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us
TP Automation e.K.
Fax: +49 (9163) 994460
Phone: +49 (9163) 994459
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website [Link to Form] . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will collect the goods.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature lapse of the right of withdrawal
(9.1) The guidance provided in this section ("Return instructions") shall not be construed as a precondition for the effective exercise of the right of withdrawal.
(9.2) Customers are required to notify the Seller of their intention to return the goods before sending the goods back to the Seller. This enables the Seller to track the goods quickly and efficiently. Customers are required to send the goods as a prepaid package back to the Seller and to keep the proof of posting. The Seller shall refund the Customer for postage costs upon request, unless they are to be borne by the buyer. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.
(10.1) The warranty shall be governed by statutory provisions.
(10.2) The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller. Customers are informed about the warranty conditions prior to placing the order.
(10.3) If repairs or modifications are made to the delivery item by the Customer or by a third party without the written consent of the Seller, any warranty for Customers who are consumers will be void if the changes were the cause of the defect. For Customers who are entrepreneurs, the warranty is void if the Customer cannot prove that the defects in question were not caused by the changes made by the Customer or by the third party.
(10.4) If the Customer is an entrepreneur, the limitation period for warranty claims is one year and the Seller has the option to remedy the defect or to deliver a defect-free item as part of subsequent fulfilment. Obvious defects in the goods or service of the Seller must be reported immediately, in writing, within 14 days of receipt of the goods. If the defects are not reported in time, the goods shall be deemed approved.
(11.1) The following exclusions and limitations of liability apply with regard to Seller's liability for damage compensation, notwithstanding the other legal claim requirements.
(11.2) The Seller assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.
(11.3) Furthermore, the Seller assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Seller shall only be liable for the foreseeable damage that might typically occur under the Agreement. The Seller is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
(11.4) The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
(11.5) If the Seller liability is excluded or limited, this also applies for personal liability of its employees, representatives, agents or assistants.
(12.1) The Customer can print the text of the contract before submitting the order to the Seller by using the print function of their browser in the last step of the ordering process.
(12.2) The Seller shall send the Customer an order confirmation containing all details of the order to the specified email address. With the order confirmation, the Customer shall receive a copy of the GTC in addition to the withdrawal policy, information on delivery costs and terms of payment and delivery. While the Seller stores the text of the purchase agreement, the Seller do not make it available on the Internet.
(13.1) The Seller shall process personal data of the Customer only for the intended purpose and in accordance with statutory provisions.
(13.2) The personal data provided by the Customer for the purpose of ordering goods (e.g. name, email, address, payment information) may only be used by the Seller to fulfil and execute a contract. This data shall be treated confidentially and not disclosed to third parties, who are not involved in the ordering, delivery and payment process.
(13.3) Upon request, the Customer shall be entitled to receive information about the personal data relating to him stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate information and to block and delete his personal information, insofar as this does not conflict with any statutory retention requirements.
(14.1) Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent for the Seller's registered office.
(14.2) German law applies exclusively, if the Customer is an entrepreneur.
(14.3) Complaint Procedure via Online Dispute Resolution for Consumers (ODR): http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute settlement procedure in a consumer arbitration service.