Terms & Conditions
§ 1 General
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all legal transactions concluded between
TM Trademobile GmbH (Klingelpütz 33-35, 50670 - Cologne , Germany).
The company (in the following called provider) is represented by the two managing directors Philipp Sadza and Johannes Thau. Commercial register: Cologne Local Court, HRB 92855.
(2) The offer of the Provider is directed exclusively to entrepreneurs and merchants.
According to § 14 BGB (German Civil Code), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A merchant is a person who operates a commercial enterprise in accordance with § 1 HGB (German Commercial Code).
(3) All agreements made between the supplier and the customer in connection with the purchase contract
in connection with the purchase contract arise in particular from these terms and conditions of sale, the written order confirmation and the declaration of acceptance of the provider.
(4) The version of the GTC valid at the time of the conclusion of the contract, which is enclosed with the order confirmation sent by the Provider to the Customer, shall be authoritative.
(5) Deviating conditions of the customer are not accepted by the provider. This also applies if the inclusion is not expressly contradicted by the provider.
(6) The contract language is German. The complete contract text is not stored by the
stored. Before sending the order via the online shopping cart system, the contract data can be
Data can be printed out or electronically saved using the print function of the browser
electronically. After receipt of the order by the provider, the customer will receive the order data,
any legally required information and these terms and conditions again by email
left.
§ 2 Subject matter of the contract
Subject of the contract is the sale of goods. The details, in particular the
essential characteristics of the goods can be found in the item description, the ordering process and the supplementary information in the context of the online store of the provider.
§ 3 Registration, customer data
(1) The customer guarantees that the information provided by him in the course of registration and documents provided are true and valid. The customer undertakes to keep his customer account up to date and to notify any changes occurring at a later date without delay.
(2) With regard to the handling and processing of the data provided by the Customer, the provisions of the data protection declaration provided separately by the Provider shall apply within the meaning of the DSGVO.
§ 4 Conclusion of the contract
(1) The product representations of the provider on the Internet are not binding and do not represent a
binding image for the conclusion of the contract.
(2) The customer can declare a binding purchase offer by email, fax, SMS, WhatsApp message Skype as well as by telephone to the provider.
(3) The acceptance of the offer (and thus the conclusion of the contract) by the provider takes place either by confirmation in text form (e.g. email), in which the customer is confirmed the processing of the order or delivery of the goods or by sending the goods
If the customer has not received an order confirmation, notification of delivery or goods within 7 days after submitting the offer, he is no longer bound to his order
In this case, any services already rendered will be refunded immediately.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the
Contract is carried out by email, in part automatically. The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 5 Prices, shipping costs
(1) The prices listed in the respective offers are net prices. They do not include
no further price components such as shipping costs, taxes or possibly applicable customs duties.
(2) In the case of an order with a value of goods of less than € 150.00 net, the supplier will charge a surcharge for express delivery of € 6.50 net. Above this value, no shipping costs will be charged without prior consultation.
(4) The customer will receive an invoice with VAT unless the goods are subject to differential taxation. In this case, the sales tax is included in the purchase price, but is not shown according to the regulations of the sales tax law.
§ 6 Payment methods
(1) The supplier basically offers the following payment methods: Prepayment, Paypal, bank transfer and direct debit.
(2) Unless otherwise specified in the individual payment methods, the
Payment claims arising from the concluded contract are due for payment immediately.
(3) Payment on account is only possible after completion of the third order.
§ 7 Terms of delivery
(1) The supplier is entitled to partial deliveries, as far as this is reasonable for the customer.
(2) The delivery period is usually a maximum of five (5) working days (Monday to Friday, excluding public holidays), unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders placed by customers with their place of business abroad or in the case of justified
(3) In the case of orders from customers with a place of business abroad or in the case of justified indications of a risk of non-payment, the Provider reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If the provider makes use of the advance payment reservation, he will inform the customer immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
(4) With the handing over of the goods to the transport company the risk of deterioration and/or loss is transferred to the customer.
§ 7 Terms of payment
(1) In the case of purchase on account, the purchase price and the shipping costs are due and payable within the period specifically stated by the supplier in the invoice.
(2) The customer is not entitled to offset against the claims of the provider, unless his counterclaims are legally established or undisputed.
(3) In the event of default in payment, the Customer shall owe the Provider interest on arrears at the
statutory amount (§ 288 para. 2 BGB).
(4) If, contrary to expectations, a product ordered by the Customer is not available despite the timely conclusion of an adequate covering transaction for a reason for which the Provider is not responsible, the Customer shall be informed immediately of the unavailability and, in the event of withdrawal, any payments already made shall be refunded without delay.
§ 9 Right of Retention, Retention of Title
(1) The customer may only exercise a right of retention insofar as it relates to claims from the same
the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) In addition, the Provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(4) The customer may resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount, which he accrues from the
From the resale to the supplier accepting the assignment. The customer is further authorized to collect the claim. Insofar as he does not properly meet his payment obligations, however, the provider reserves the right to collect the claim himself.
(5) If the reserved goods are combined and mixed, the Provider shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(6) The Provider undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities of the Provider exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on the
the provider.
§ 10 Warranty
(1) The warranty period is 6 months from delivery or, if acceptance is required, from acceptance
is required, from the acceptance. A warranty of 12 months is only possible after separate agreement and will be noted in the order documents.
(2) The delivered items are to be inspected carefully immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed to have been approved if the Provider has not received a written notice of defect with regard to obvious defects or other defects that were identifiable during an immediate, careful examination within seven working days after delivery of the delivery item or otherwise within seven working days after discovery of the defect or at any earlier point in time at which the defect was identifiable for the Customer during normal use of the delivery item without closer examination. Upon request of the supplier, the delivery item complained about shall be returned to the supplier carriage paid
In the event of a justified complaint, the Supplier shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.
(3) In the event of material defects in the delivered items, the Supplier shall, at its discretion within a reasonable period of time
within a reasonable period of time, the supplier is obliged and entitled to repair or replace the goods
obligated and entitled
The supplementary performance does not include the removal of the defective item or the re-installation if the provider was not originally obliged to install it
In the event of failure, i.e. impossibility, unreasonableness, refusal or
unreasonable delay of the repair or replacement, the customer may withdraw from the contract or reduce the purchase price appropriately
In the case of an insignificant defect, however, there shall be no right of withdrawal.
(4) The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs (not: removal and installation costs), shall be borne by the Supplier if a defect is actually present. If, however, a request by the customer to remedy a defect turns out to be unjustified, the supplier shall be entitled to charge the costs
entitled to demand reimbursement of the resulting costs from the customer.
(5) In urgent cases, e.g. in the event of a risk to operational safety or to prevent disproportionate
disproportionate damage, the customer has the right to remedy the defect itself and to demand compensation from the provider for the objectively necessary expenses. The provider is to be informed immediately of such a self-remedy, if possible in advance
notify
The right of self-execution shall not exist if the Provider would be entitled to
to refuse a corresponding subsequent performance in accordance with the statutory provisions.
(6) The warranty does not apply if the customer without the consent of the provider changes the
The delivery item without the consent of the provider or has it modified by a third party and this makes the
impossible or unreasonably difficult. In any case the customer has to bear the additional costs of the defect removal resulting from the change.
(7) A delivery of used items agreed with the customer in an individual case shall be effected
to the exclusion of any warranty for material defects.
§ 11 Other liability
(1) Insofar as nothing to the contrary arises from these General Terms and Conditions including the following provisions, the Supplier shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) The Provider shall be liable for damages - regardless of the legal grounds - in the event of intent and gross negligence. In case of simple negligence he is only liable for
(a) for damages resulting from injury to life, body or health,
(b) for damages resulting from the violation of an essential contractual obligation (obligation, whose
(obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the
and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of the provider is limited to the compensation of the foreseeable, typically occurring damage
typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods
The same applies to claims of the customer under the Product Liability Act.
(4) Due to a breach of duty, which does not consist of a defect, the customer can only
rescind or terminate the contract if the provider is responsible for the breach of duty. A free
Customer's free right of termination (in particular pursuant to §§ 651, 649 BGB) is excluded
In all other respects, the statutory requirements and legal consequences apply.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the provider is liable neither for the constant nor uninterrupted availability of the website and the service offered there.
§ 12 Limitation
(1) Notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period for
Claims arising from material defects and defects of title shall be one year from delivery
If acceptance has been agreed, the limitation period shall commence upon acceptance.
(2) The above limitation periods under the law of sales shall also apply to contractual and non-contractual
and non-contractual claims for damages of the customer based on a defect of the goods, unless the
unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. The limitation periods of the Product Liability Act shall remain unaffected in any case.
§ 13 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply.
(2) The place of performance for all services arising from the business relations with the supplier
Place of jurisdiction is the registered office of the provider. The authority, also the
Court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Status: March 2020