General terms and conditions
1. Scope of application
1.1 The following general terms and conditions, valid at the time of ordering, apply to our online services.
1.2 The general terms and conditions of the buyer are hereby rejected. Deviations from these terms and conditions are only valid when confirmed by us in the written form. Amendments to written agreements also require the written form. No verbal agreements have been entered into.
1.3 For the purpose of these general terms and conditions, “consumer” shall refer to any natural person, who does business with us for a purpose that is neither commercial nor their independent vocational activity may be attributed to (section 13 of the German Civil Code).
1.4 For the purpose of these general terms and conditions, “contractor” shall refer to legal and natural persons that do business with us and act in the terms of commercial or independent vocational interests (section 14 of the German Civil Code).
2. Offer and contract agreement and invoicing
2.1 Via the online shop of TGS Spezialwerkzeuge GmbH, Wannebachstr. 37, D-58119 Hagen, the buyer can order 24 hours a day, 7 days a week. Our offers are subject to change, thus can only be considered as an invitation to submit an offer. A contract is only concluded once a confirmation via email has been received by the buyer, after the buyer has correctly completed an order at the TGS online shop. The content of our order confirmation is binding. Written order confirmation is decisive for the scope of delivery.
2.2 Obvious misapprehensions, spelling or printing errors and miscalculations are not considered binding with regard to the seller (us). However, should there nevertheless be an error that is not obvious on the TGS website, such as a spelling error or miscalculation, we reserve the right to charge the correct price subsequently. In the case that the buyer does not agree to the correct price, we grant the buyer the right of immediate withdrawal, as far as the delivered good was not custom-made according to the specific requests of the buyer. The rights of the buyer according to the Distance Selling Act remain unaffected.
2.3 Unless otherwise agreed, samples are considered approximate demonstration pieces regarding quality, dimensions and colours.
2.4 The buyer will preferably be invoiced via email or letter. The buyer will receive the invoice via email in a printable version.
If the buyer is a contractor, the following applies in addition:
2.5 With regard to contractors, we are only liable for such public statements, especially in advertisements, that were initiated by us or which we referred to explicitly during contract conclusion. In such cases of a public statement initiated by us, we are furthermore only liable if the contractor’s decision to buy was affected by the public statement.
3. Delivery, passage of risk, packaging:
3.1 We shall select the appropriate form of delivery – generally via DPD, unless otherwise requested by the customer. Delivery occurs within 5 working days after receipt of order for businesses or within 3 working days after receipt of payment for consumers. Packaging is solely determined with regard to transportation and production needs, as well as environmental aspects.
3.2 The buyer can borrow reusable packaging. Return of packaging should be indicated to us in writing three weeks in advance. The packaging should be allocated and held available. If the buyer does not observe this, we are entitled to retrospectively charge a loan fee or the value of the packaging is to be paid upon receipt of the invoice.
In addition, the following provisions – 3.3 up to and including 3.6 – apply to contractors.
3.3 Our deliveries take place from stock. With transfer of the goods to the carrier, the risk is passed on to the buyer, regardless of whether we, the buyer or the manufacturer commissioned the carrier. This also applies to partial deliveries and charge-free deliveries.
3.4 If transport is delayed at the request of the buyer or through fault of the buyer, the goods are stored at the buyer’s costs and risk. In this case, the notification of readiness for delivery is treated like the actual delivery. Upon storage of the goods, the invoice is immediately payable.
3.5 If the transport is carried out with the buyer’s vehicle or a third-party vehicle, transfer of goods is deemed to have occurred no later than when the goods are available for the recipient on paved road and on the vehicle. If the deliverer is of the opinion that the driveway is not accessible, transfer of goods takes place where the vehicle can properly access and depart.
4. Delivery dates and default
4.1 As long as there is no written and assurance by us explicitly declared as binding or a verbal assurance by the directors or an unrestrictive authorised person, a delivery date is deemed to be agreed as approximate. The period of delivery commences with clarification of all technical and other specifications of the order, the supply of all necessary documents and payment of the first instalment if agreed. The period of delivery is extended by the amount time the buyer is in default with his contractual obligations, in an ongoing business relationship, also with regard to other contracts. TGS strives to deliver within one week from confirmation of the offer.
4.2 The period of performance or delivery is extended – also during default – appropriately in the case of force majeure and all other unforeseeable hindrances occurring after conclusion of contract (especially operational disruptions, strikes, lockouts or traffic disruptions), as far as these hindrances verifiably have a considerable impact on performance or delivery. This also applies if these hindrances occur at our pre-suppliers, subcontract-manufacturers or any other subcontractors. We will inform the buyer as soon as possible of the beginning and end of these hindrances. The buyer can demand a declaration whether we will withdraw from the contract or perform or deliver in an appropriate time. If we do not declare ourselves promptly, the buyer has the right to withdraw from the contract. Claims for damages shall be excluded in these cases.
4.3 We are not liable for any delay or impossibility of performance through the fault of our pre-suppliers. We do however commit ourselves to transfer any possible claim for compensation against the pre-supplier to the buyer.
4.4 If facts come to our knowledge after conclusion of contract, especially regarding former deliveries, which with best commercial discretion lead to the conclusion that there is a substantial deterioration of the customer’s assets, we have the right to withhold performance until the counter performance has been carried out or the buyer provides appropriate security. If we are obliged to perform before payment, we have the right to demand an appropriate security. In this case, we have the right to set an appropriate period of time in which our contractual partner can either make the payment or provide security conditional upon counter performance. We have the right to withdraw from the contract if the set period of time has expired. In this case, already performed partial deliveries are payable immediately.
4.5 Partial performances and partial deliveries are permissible to a reasonable extent. We have the right to demand instalments to a reasonable extent.
4.6 If the buyer does not accept the delivered goods, TGS – after a grace period of two weeks – has the right to withdraw from the contract or claim damages on account of non-performance.
4.7 The delivered goods should also be accepted by the buyer in the case of insignificant defects, without prejudice to the buyer’s warranty rights.
4.8 The buyer is obliged to check the packaging with regard to damage upon receipt. Furthermore, the buyer shall check the goods with regard to completeness and accuracy within 8 days, so that TGS is able to remedy the error in the case of wrong or incomplete delivery, within a time limit of 21 days.
5. Data protection
5.1 The buyer is hereby informed that the personal data gained through business activities and necessary for business relations will be saved by us in accordance with Federal Data Protection Act (BDSG) and the German Teleservices Data Protection Act (TDDSG) and will be treated as confidential.
5.2 We advise you that TGS collects, processes, stores and uses personal data as far as is necessary for proper business transaction and for the purpose of fulfilling the requested service in a proper conduct.
6. Price/time for payment/payment/offsetting
6.1 The prices apply in EURO plus packaging, freight and other delivery costs, including the applicable rate of VAT, if not explicitly otherwise stated.
6.2 Deductions, discounts etc. must be explicitly agreed.
6.3 With regard to our price calculations we assume that any factor concerning the calculation will remain unchanged, any preliminary works are already completed and we can provide our services without delay in one single uninterrupted operation.
6.4 Should the delivery or service be required four months or later after completion of the contract, we are entitled to add any increase in costs or wages to the price.
6.5 We are entitled to request instalments if our services are delayed at no fault of our own, longer than the agreed period of time.
6.6 All payments (especially the buying price) are due upon delivery of goods at the latest and should be made immediately. All payments contribute to balancing the oldest debt, including any interest. Discounts are granted only when explicitly contractually agreed.
6.7 Agreement to change the due date or a deferral of payment must be communicated in writing.
6.8 Payment using the so-called cheque-bank draft method should be agreed on in writing. Payment via bank draft or cheque occurs minus any deductions made on the day on which our account is credited.
6.9 Regardless of any accepted or credited drafts our demands are due immediately, if payment guidelines are not followed or information is received that lead to suspicion of financial difficulties. In the last case, we are entitled to make further deliveries subject to advanced payments or implementation of appropriate security. Furthermore, we are entitled to revoke any reductions or discounts even if they are not explicitly stated on the invoice.
7. Cancellation policy for consumers
Cancellation policy: You have the right to cancel the order by letter, fax or email, without stating a reason within two weeks after receipt of goods. The right to cancellation does not require a reason to be stated. The cancellation should to be sent to the following address: TGS Spezialwerkzeuge GmbH Thomas Gress Wannebachstr. 37 58119 Hagen Email: firstname.lastname@example.org Fax: 02334- 954154 In order to keep within the time period it is sufficient to send off the letter of cancellation or the goods in time. Goods should be returned to the following address: TGS Spezialwerkzeuge GmbH Wannebachstr. 37 58119 Hagen Excluded from the cancellation policy are all contracts or orders in which the product has been custom made or printed according to customer’s specifications. The legal warranty remains unchanged. If the customer uses the product, it must be paid for. A reduction of value due to contractual use of the product is not taken into account hereby. In case of an entitlement to cancellation, we will refund the full price (if this has been paid) within 30 days.
Customers are not entitled to return goods that have been damaged through incorrectly use or incorrectly strained.
Should any one article of these general terms and conditions be ineffective, the others shall remain unaffected.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at https://ec.europa.eu/consumers/odr. We are ready to participate in an out-of-court dispute resolution.