General Terms And Conditions
General Business Terms and Conditions1. Sphere of Validity
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumer is any natural person who enters into a legal transaction for purposes which cannot be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
These terms and conditions shall also apply to future business relations with entrepreneurs, without having to refer to them again from our side. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, the validity thereof is hereby contradicted; they will only become part of the contract if we have expressly agreed to these.
The purchase contract is concluded with Toolarena GmbH.
By placing the products in the online shop, we issue a binding offer to conclude the contract. You can initially place our products without obligation into the shopping basket and correct your entries at any time before submitting your binding order by using the corrective aids provided for this purpose in the order process. The contract is concluded by clicking on the order button to accept the offer via the goods contained in the shopping basket. Immediately after sending the order, you will receive a confirmation by e-mail.3. Contract language, contract renewal
The language available for the contract is English.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can also read the terms and conditions on this page at any time. You can view your past orders in our customer login.4. Terms of delivery
In addition to the indicated product prices, shipping costs will still be added. You can find out more about the amount of the shipping costs in shipment informations.
We deliver only by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
If a consignment is refused without a valid reason, the customer bears the resulting costs.
The following payment methods are available in our shop:
Payment in advance
If you choose the method of payment in advance we will inform you about our bank account in a separate email and deliver the goods after receiving the payment.
As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of PayPal. There you can specify your payment data, confirm the use of your data by PayPal and payment instructions to PayPal.
If you have chosen the payment type credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately upon confirmation of the payment instruction and as a legitimate cardholder at the request of PayPal and your card will be debited. You'll get more information during the ordering process.
If you have selected the payment methoddirect debit you do not have to be registered with PayPal in order to pay the invoice amount. With confirmation of payment instructions, you issue PayPal a direct debit mandate. You will be informed by PayPal about the date of the account balance (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instructions, PayPal asks its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You'll get more information during the ordering process.
If you have chosen the payment method Invoice, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After successful address and creditworthiness checks and placing of the order, we withdraw our claim to PayPal. In this case, you can only pay to PayPal with a debt-free effect. For the payment processing via PayPal - in addition to our general terms and conditions - the terms and conditions and the data protection of PayPal apply. Further information and the full terms and conditions of PayPal for the purchase of the purchase can be found here: https://www.paypal.com/en/webapps/mpp/ua/pui-terms?locale.x=en_GB.
After submitting the order, you will be redirected to the website of the online provider IMMEDIATE RELEASE. In order to be able to pay the invoice amount via IMMEDIATE RELEASE, you must have an online banking account activated with the PIN / TAN procedure for the participation in IMMEDIATE RELEASE, have the appropriate authorization and confirm the payment instructions to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by IMMEDIATE transfer and your account is debited.
Payment processing via paypal
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve the right to ownership of the goods until the full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; any claims arising out of this resale will be transferred to us in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. They remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.
For consumers the following applies:
If goods with obvious transport damage are delivered, please report such faults immediately to the deliverer as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or other person or institution who is otherwise required to carry out the dispatch. Among merchants, the obligation to inspect and notify the company, as stipulated in § 377 HGB. If you fail to comply with the advertisement, the goods shall be deemed to be approved, unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the recourse claim pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the contractor with first-hand warranty by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of violation of essential contractual obligations, the fulfillment of which allows the proper implementation of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, if agreed
- as long as the scope of the Product Liability Act is in force.
Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the Onlineshop.9. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty, as agreed, or
- as long as the scope of the Product Liability Act is in force.
In the case of a breach of essential contractual obligations, which is the fulfillment of the proper execution of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability is dependent on the foreseeable liability Damage that is typically expected to occur. In addition, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer sacking agency. Responsible is the General Consumer Protection Center of the Center for Conciliation e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute settlement process before this point.
If you are an entrepreneur, German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
GTC created with Trusted Shops law expert in cooperation with Wilde Beuger Solmecke Rechtsanwälte.