General Terms and Conditions of
T.I.P. Technische Industrie Produkte GmbH,
Siemensstrasse 17, 74915 Waibstadt, Germany
I.
(1) This business transaction between T.I.P. Technische Industrie Produkte GmbH (hereafter the “Provider”) and the Customer (hereafter the “Customer”) is governed exclusively by the following Terms and Conditions in their version current at the time of ordering; the same shall apply to all future transactions, unless expressly agreed otherwise.
(2) These Conditions shall, at the latest, be deemed to have been accepted when goods or services are received. The Customer’s Terms and Conditions shall not apply, except where expressly agreed in writing.
II. Customer orders by fax, email or EDI
(1) On receipt of a Customer’s order by fax, email or EDI, the Provider shall send the Customer an order confirmation containing the details of the order.
(2) Unless otherwise agreed, the prices shown on the order confirmation shall apply. These include statutory value added tax but do not include any additional services. These prices are valid only within the Federal Republic of Germany.
(3) When goods are ordered by fax, email or EDI, payment shall be cash on delivery. If however a different payment term has been agreed, and the Customer falls into arrears of payment, interest at a rate of 5% above the applicable base rate shall be charged. Where there is a risk of default on payment due to a deterioration in the Customer’s financial circumstances, the Provider may require payment in advance. Alternatively, if payment is already due and indisputable, the Provider shall have the right to cancel the contract.
(4) The customer shall have no right of offset against any receivables nor any right to withhold payment, unless such a right has been expressly accepted or is provided for by statute. Defect claims shall not affect the Customer’s duty to pay on time.
III. Customer orders via the web platform
(1) When ordering via the web platform, the customer can select products from the Provider’s range and put them in a “Shopping Basket”. By clicking the “Order and Pay” button, the Customer submits a binding request to purchase the goods in the Shopping Basket. Before sending the order, the Customer can edit or check the order details at any time. However, the request can be submitted only when the Customer accepts these conditions of contract and inserts them into the request by clicking the button marked “By sending this order I confirm that I have read and agree to the General Terms and Conditions (including the Cancellation Policy)”.
(2) The Provider shall then send the Customer an automatic order confirmation email containing the order details. In this email or a separate email, and in any event no later than on delivery of the goods, the contract wording (consisting of the order, GTCs and order confirmation) will be sent in a permanent form (email or hard copy). The contract text shall be stored in a way that protects data privacy. Should an ordered item be unavailable, the Provider reserves the right not to supply it.
(3) Normally, goods offered on the Provider’s web platform can be ordered and delivered only within Germany. Customers wishing to have goods delivered outside Germany must email the Provider beforehand (shop@tip-pumpen.de) to discuss the arrangements. Customs duties, taxes and transport costs for deliveries outside Germany shall be borne by the Customer.
(4) Goods ordered via the web platform shall be paid for cash on delivery, by credit card or via PayPal. The delivery charge is shown during the ordering process. Orders with a value up to €49.99 are subject to a delivery charge of €8.75. There is no delivery charge on orders with a value over €50.00. The charge for cash on delivery is payable by the Customer.
(5) Unless otherwise agreed, the prices shown on the Customer’s web platform at the time of ordering shall apply. These include statutory value added tax but do not include any additional services. These prices are valid only within the Federal Republic of Germany. Whenever the Provider’s Web platform is updated, all previous prices and all information on the articles presented there shall cease to be valid.
(6) Payment is due immediately once the contract is concluded. If the Customer falls into arrears of payment, interest at a rate of 5% above the applicable base rate shall be charged. Where there is a risk of default on payment due to a deterioration in the Customer’s financial circumstances, the Provider may require payment in advance. Alternatively, if payment is already due and indisputable, the Provider shall have the right to cancel the contract.
(7) The customer shall have no right to offset against any amount payable or withhold payment, unless the right to do so has been expressly accepted or is provided for by statute. Defect claims shall not affect the Customer’s duty to pay on time.
IV.
(1) Subsidiary agreements, declarations, and undertakings – including those given when samples or specimens are sent – are binding only when confirmed in writing. The same shall apply in particular in the case of orders accepted or declarations made by the Provider’s agents. The designs and appearances of the Provider’s goods are subject to change.
(2) Information about performance, dimensions etc., unless expressly binding, should be understood as merely approximate and shall not give rise to any rights for the Customer.
V.
(1) Goods shall be sent by post.
(2) The risk of accidental destruction or deterioration of the goods passes to the Customer at the time of dispatch. However, if the Customer is a consumer, the risk of loss or damage in transit shall be borne by the Provider.
(3) Goods are normally dispatched within eight working days from receipt of an order, counted from the date when the Provider confirms the order (subject to advance payment of the purchase price, except where payment is on account). In exceptional cases and in the event of staff shortages this period may be extended to twelve days. It may also be extended when delivery is prevented by circumstances for which the Provider is not responsible. The Provider offers the Customer the option of collecting orders at the Provider’s Factory Outlet.
(4) Partial deliveries shall be made only insofar as they are feasible for the customer. Partial delivery of an order requires the Customer’s express agreement, which shall not be withheld arbitrarily.
VI.
(1) Should the Customer not accept the goods, the Provider shall, after setting a reasonable deadline, be entitled to cancel the contract or claim damages.
(2) If claiming damages, the Provider shall have be entitled to claim either the actual amount of damages or, with no requirement to furnish proof, 15% of the purchase price as a standard average amount of liquidated damages; the Customer shall reserve the right to offer proof of a lesser amount of damages.
VII.
(1) Any evident defects in goods shall be reported in writing immediately after delivery and any hidden defects within 5 working days of their discovery. Otherwise, goods shall be deemed to have been accepted. When the Customer is a company, the Provider’s warranty shall expire 1 year after delivery.
(2) The Provider shall be liable for defects, or the absence of warranted characteristics, in accordance with the applicable legal provisions, in particular Section 434 and succeeding sections of the BGB (German Civil Code). Accordingly, if a delivered item is defective, the purchaser has the right to have the item either repaired or replaced with a non-defective item. If the Customer does not state its preferred option for remedy, then the Provider may give the Customer a reasonable period in which to do so. Should the Customer have failed to choose an option by the end of this period, then the choice of remedy shall be at the Provider’s discretion.
(3) The Provider shall not be responsible for defects or damage resulting from unsuitable or incorrect use, failure to follow operating and/or assembly instructions, or incorrect handling. Defects resulting from incorrect operation, positioning, storage, connection or installation, or through force majeure or any other external factors, are not covered under warranty. The same shall apply where a reported defect resulted from a structural alteration made at the Customer’s request. The Provider’s warranty excludes any defects that were known to the Customer when the contract was concluded. The Provider shall not be liable for any damage other than to the goods supplied. In particular, the Provider shall not be liable for loss of profit or any other financial loss incurred by the Customer.
(4) When making a defect claim, the Customer must send the goods carriage-paid to the Provider for inspection. Should a defect under warranty be confirmed, the nature and extent of the Customer’s rights shall be as provided for in these Terms and Conditions.
VIII.
(1) Goods delivered remain the property of the Provider until all claims arising from the business relationship have been satisfied. The Customer shall have a revocable right to sell the delivered goods in the normal course of the Customer’s business. The Customer shall assign to the Provider all current or future claims arising from the sale of the goods together with any ancillary rights vis-à-vis the purchasers of the goods as security for all the Provider’s claims against the Customer. Should goods in which we retain ownership be sold for a total price in conjunction with other articles, the portion of the Customer’s claim assigned to us shall be limited to the value of our goods at the time of the sale.
(2) Provided that the Customer fulfils its payment obligations towards the Provider, it shall, notwithstanding any prior assignment of these claims, be entitled to collect its claims against its own customers. The Provider shall have the right to inform third parties that claims have been assigned. At the Provider’s request, the Customer shall identify the party liable for the assigned claim and furnish the information and documents required for the exercise of the claim. Should the Customer fall into arrears of payment, the Provider shall have the right to demand the return of the goods in which it retains ownership, for its own security, without having cancelled the contract or setting a deadline in accordance with Section 326 of the BGB (German Civil Code).
(3) If the value of the securities provided exceeds the Provider’s claims by more than 20%, the Provider shall be obliged to return the excess portion of the securities, if requested to do so by the Customer.
IX.
(1) Any claims for damages by the Customer are hereby excluded. An exception to this provision shall be made for any claims for damages by the Customer in respect of injury to life, body or health, or breach of principal (cardinal) contractual obligations, and for any liability for other loss or damage attributable to intentional or grossly negligent breaches of the Provider’s obligations by the Provider, its legal representatives or its agents. Principal contractual obligations are those whose performance is essential to fulfilling the aims of the contract.
(2) In the event of a breach of principal contractual obligations, the Provider shall be liable only for foreseeable damage typical for this type of contract which has been caused through negligence, except in the case of claims for damages by the customer in respect of injury to life, body or health.
(3) Claims against the Provider, on any contractual or non-contractual legal basis whatsoever, may be assigned only with the Provider’s express written permission.
X.
(1) Consumers have a fundamental legal right to cancel long-distance transactions. Concerning this right, in section (2) below the Provider displays some information based on the model text in the relevant law. Section (3) contains a cancellation form template.
(2) Cancellation policy
1. Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The fourteen-day cancellation period runs from the day on which you or a named third party who is not a carrier have or has taken possession of the goods.
To exercise your right of cancellation, you must send clear notification (by e.g. letter, fax or email) of your decision to cancel this contract to us at T.I.P. Technische Industrie Produkte GmbH, Siemensstrasse 17, 74915 Waibstadt, Germany (telephone: +49 7263-912-50, fax: +49 7263-912-525, email: shop@tip-pumpen.de). You may, but are not required to, use the enclosed model cancellation form template. Your notice of intention to cancel the contract shall be deemed to have been sent in time if you sent it off before the end of the cancellation period.
2. Effects of cancellation
If you cancel this contract, we are obliged to refund immediately, or by fourteen days at the latest from the date on which we received notice that you were cancelling your contract, all payments received from you including delivery charges (with the exception of additional costs for any delivery option chosen by you other than our low-cost standard delivery). To issue this refund, we shall use the same means of payment that you used for the original transaction, unless a different arrangement has been expressly agreed with you. Under no circumstances shall you be charged for this refund.
We may refuse to issue the refund until we have received the goods back from you or you have provided proof of sending the goods back, whichever is the sooner.
You must send back or release the goods to us immediately, or by fourteen days at the latest from the date on which you notified us of your intention to cancel the contract. The goods shall be deemed to have been sent back in time if you sent them off before the end of the fourteen-day period.
You must pay the direct costs of sending back the goods.
You are not required to pay for any loss of value of the goods unless this loss resulted from your handling the goods in a way that was not required in order to check their condition, properties or functioning.
(3) As required by law, the Provider informs you that you can use the following cancellation form template:
Cancellation form template
(If you wish to cancel the contract, please fill in this form and send it back to us.)
– To T.I.P. Technische Industrie Produkte GmbH, Siemensstrasse 17, 74915 Waibstadt (fax: +49 7263-912-525; email: shop@tip-pumpen.de)
– I/we (*) hereby cancel the contract that I/we (*) entered into to purchase the following goods (*)/obtain the following services (*)
– Ordered on (*) /received on (*)
– Name(s) of the consumer/consumers (*)
– Address of the consumer/consumers (*)
– Signature(s) of the consumer/consumers (only for notice given on paper)
– Date
(*) Delete whichever does not apply
XI.
(1) Should individual provisions of these General Terms and Conditions be or become ineffective, the validity of the remaining terms and Conditions shall remain unaffected. In place of the ineffective provision or an omission, a legally valid provision as close as possible to the purpose of the ineffective provision shall be deemed to have been agreed on.
(2) The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even when goods have been ordered from or are delivered outside Germany.
(3) The place of performance for all obligations arising from the delivery transaction is the Provider’s place of business.
(4) Unless otherwise mandated by law, the exclusive venue for all disputes arising from this business transaction shall be Mannheim.