General Terms and Conditions for Consumers
Section 1 Scope
Any deliveries of goods and services ordered by consumers via Torqeedo Online Shop (hereinafter referred to as "Online Shop") at www.torqeedo.com shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as "T&Cs") of the party entering into a contract with you, Torqeedo GmbH, Einsteinstrasse 901, Campus Ost, 82234 Wessling Tel. No. +49- (0) 8153-9215100 E-mail: info@torqeedo.com, represented by its managing directors Fabian Bez & Heiko Vietmeier (hereinafter referred to as ”Vendor“).
Section 2 General
The purchaser’s deviating terms and conditions shall only apply to the extent they have been explicitly confirmed in writing by the Vendor on a case-by-case basis.
Section 3 Formation of Contract
(1) Presentation of the range of goods in the Online Shop shall not constitute a legally binding offer to sell; rather, it constitutes an invitation extended vis-à-vis the purchaser asking the purchaser to submit its own offer for the conclusion of a contract of sale (invitation to treat). The Vendor wishes to point out that the colour of the products may vary from the representation in the Online Shop.
(2) The purchase order constitutes an offer to the Vendor to conclude a contract of sale. After submitting an offer to buy, the purchaser shall be sent an e-mail (order confirmation) which merely lists the contents of the purchase order. The only purpose of this e-mail is to inform the purchaser of the fact that the purchase order was received.
(3) Any offers submitted by the purchaser shall only be deemed to have been accepted and the contract shall only be formed when the Vendor within five (5) days of submission of purchase order sent the purchaser a separate letter of acceptance by e-mail (hereinafter referred to as “Order Confirmation”), when the Vendor sent the purchaser a notice of shipment of the goods ordered by the purchaser or when the Vendor supplied the products ordered.
(4) No contract shall be deemed to have been formed with respect to products ordered that have not been listed in the Order Confirmation and/or the shipping notice or that were not sent. This may also relate to products that although offered in the Online Shop are not available for instance at the time the purchase order is received.
Section 4 Right of Revocation / Exclusion of Right of Revocation
Instructions regarding the right of revocation Right of revocation
It is your right to revoke this contract within fourteen (14) days without having to state any reasons for your decision.
The right of revocation may be exercised within a period of fourteen (14) days calculated from the day
- on which you or a third-party designated by you who is not the carrier took the goods into possession if you ordered one product or several products in the context of a single purchase order and the product(s) was/were delivered in a single shipment
- on which you or a third-party designated by you who is not the carrier took the last goods into possession if you ordered several goods in the context of a single purchase order and the goods were delivered separately;
To exercise your right of revocation, send us
Torqeedo GmbH
Einsteinstrasse 901
Campus Ost
82234 Wessling
Tel. No. +49 - (0) 8153-9215-100
E-Mail: info@torqeedo.com
a clear statement (e.g. posted letter or e-mail) of your decision to exercise your right to revoke this contract. If you like you can use our Sample Revocation Form, however, you have no obligation to do so.
The time allowed for exercising your right of revocation shall be deemed to have been observed if the notice of exercising of right of revocation has been sent off by you before the time allowed for exercising the revocation has lapsed.
Consequences of Revocation
After you have exercised your right to revoke the contract, it will be our duty to pay back to you without undue delay, however, within fourteen (14) days of the date of receipt by us of the notice of exercising of right of revocation with respect to the contract any payment that we may have received from you including delivery charges (with the exception of additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery option offered by us). We will be using the same means of payment for repayment that you used in the original transaction unless explicitly agreed otherwise with you; under no circumstances will we be charging you any fees for this repayment. We have the right to refuse repayment until the earlier of either receipt the returned goods or furnishment of proof by you of the goods having been returned.
You have the duty to return the goods to us either by sending them to us or by handing them out to us (Torqeedo GmbH, Claude-Dornier-Str. 1, Geb. 901, 82234 Wessling) without undue delay, however, no later than fourteen (14) days after the day on which you notified us of the revocation of this contract. The time allowed shall be deemed to have been observed if the goods are dispatched within the period of fourteen (14) days.
You will have to bear any and all costs incurred for returning the goods. The costs of returning the goods shall be deemed to be no higher than the costs of delivery of the goods to you.
You will only have to pay the costs of loss of the goods in value, if any, if this loss of value is due to you dealing with the goods in a manner that is not necessary to check the quality, characteristics and functionality of the goods.
Exclusion of Right of Revocation
The right of revocation furthermore shall not apply with respect to consumers who at the time of formation of contract are no citizens of a member state of the European Union and whose only domicile and delivery address at the time of formation of contract is located outside the European Union.
The following information shall be provided with respect to the sample revocation form in accordance with applicable law:
Sample Revocation Form
Please fill in this form if you wish to revoke the contract and return the filled in form to us:
To Torqeedo GmbH, Claude-Dornier-Str. 1, Geb. 901, 82234 Wessling; Tel.: +49-(0) 8153-9215100; E-mail: shop@torqeedo.com
I/we(*) herewith would like to revoke the contract for the purchase of the following goods: _____________ (*) / for the rendering of the following service: _______________(*) which was concluded by me/us (*).
Ordered on _________________(*) /received on:______________(*):
Name of consumer(s)
______________________________________
Address of consumer(s)
______________________________________
Signature of consumer(s)
______________________________________
(Only if notice is sent as a print-out on paper)
Date
________________________________________________________
(*) Delete as applicable.
End of instructions regarding the right of revocation
Section 5 Delivery
(1) As far as delivery of goods ordered via Online Shop is concerned, the Vendor shall send parcels to any address around the globe by parcel service, goods that include a battery shall be sent as hazardous goods by parcel service or by forwarding agent. Periods of delivery shall start upon formation of contract. In the event that subsequent changes in the contract were to be agreed upon, periods of delivery shall be extended by the period between the formation of contract and the change of contract unless agreed otherwise between the parties.
(2) It shall be permitted for the Vendor to make delivery by instalments for as long as this may be considered to be reasonably acceptable to the purchaser.
(3) The Vendor shall only be considered to be in default with its delivery obligation when the Vendor, after the period agreed has expired, received from the purchaser a reminder setting a reasonable period of grace. This rule shall not apply if the period of delivery was defined in a binding way.
(4) In case of force majeure or disruptions of the Vendor’s or its suppliers’ businesses, for instance as a result of riots, strikes, lock-outs temporarily preventing the Vendor, without fault or negligence attributable to the Vendor, from supplying the purchased object by the agreed date or within the agreed period, the agreed dates and periods shall be changed and extended by the duration of the delay caused by these events. In the event that such an impairment were to result in a delay in performance by more than four (4) months, the purchaser shall have the right to rescind the contract. This right shall be without prejudice to any other rescission rights that may apply.
(5) In the event that subsequent changes in the contract were to be agreed, the dates of delivery already agreed shall be extended if and to the extent necessary.
(6) As a matter of principle, the purchaser’s domicile shall be the place of performance for deliveries and payments. A deviating place of performance shall only apply if explicitly agreed upon. In the event that the goods, subject to the purchaser’s request, were to be shipped to a place other than the agreed place of performance, higher transport costs shall be at the purchaser’s expense.
Section 6 Shipment
(1) The Vendor shall bear the risk of shipment.
(2) The purchaser shall bear the costs of shipment unless agreed upon otherwise by the parties.
(3) At the purchaser’s request, the Vendor shall have the duty to take out transport insurance on the purchaser’s account.
(4) Unless the specific transport route, mode of shipment or type of packaging have explicitly been defined by the purchaser, the Vendor shall have the right to take such measures as are necessary duly taking into consideration what the alleged interests of the purchaser may be.
Section 7 Warranty, Representations
(1) The Vendor shall be liable for material defects in accordance with the applicable provisions of the law including but not limited to sections 434 et seqq. German Civil Code (BGB), 473 et seqq. German Civil Code (BGB).
(2) Additional warranty obligations shall only apply with respect to goods supplied by the Vendor if such warranty has been made explicitly in the Order Confirmation with respect to the item concerned.
(3) The purchaser’s right to make a complaint in respect of defects in new objects shall become statute-barred after two (2) years and the purchaser’s right to make a complaint in respect of defects in used objects shall become statute-barred after one (1) year, in each case calculated from the date of passing of risks. To the extent the Vendor has warranted the quality or fraudulently concealed a defect or whenever it is a case of loss of life or limb, health damage or intent or gross negligence, the statutory periods of limitation shall apply.
Section 8 Vendor’s Liability
(1) The Vendor shall be held liable without limitations if and to the extent that the loss or damage was caused by intent or gross negligence.
(2) The Vendor shall also be held liable for breach of material obligations by slight negligence to the extent such breach involves the risk of impossibility of achievement of the purpose of the contract or for breach of obligations the performance of which constitutes the very basis of due performance of the contract and the observance of which the purchaser may duly rely on. In this case the Vendor, however, shall only be held liable for loss or damage that is foreseeable and typical for the contract. The Vendor shall not be liable for breach of duties other than those mentioned in the sentences above caused by slight negligence.
(3) The limitation of liability above shall not apply in case of loss of life or limb, health damage, with respect to a defect following the assumption of a guarantee of quality of the goods and in case of defects concealed fraudulently.
(4) This shall be without prejudice to liability under the Product Liability Act.
(5) To the extent the Vendor’s liability has been limited or excluded, such limitation or exclusion shall also be deemed to apply with respect to personal liability to be assumed by employees, representatives or agents (Vertreter) or vicarious agents (Erfüllungsgehilfen) of the Vendor.
Section 9 Design Changes
The Vendor reserves the right to change the design at any time; however, the Vendor shall not have the obligation to also implement such changes in products that have already been delivered.
Section 10 Reservation of Title
(1) All goods remain the property of the Vendor until full payment of the purchase price.
(2) The goods may not be resold until full payment of the purchase price, either individually or after installation together with a boat.
(3) If the purchaser defaults on payment of the purchase price, the Vendor shall have the right to withdraw from the purchase contract and to demand the return of the reserved goods from the purchaser.
(4) If the purchaser does not comply with a request for return pursuant to paragraph (3) within a reasonable period set by the Vendor for this purpose, the Vendor shall be entitled to have the reserved goods repossessed by its own employees or by third parties commissioned by the Vendor and, if necessary, to have them removed from the purchaser's boats. For this purpose, the purchaser is obliged to grant the respective employees or third parties access to the respective properties, boats, etc. to the extent required during normal business hours. The purchaser shall bear the costs of the measures taken by the Vendor to take repossession of or remove the reserved goods.
Section 11 Data Protection
(1) The Vendor shall collect data relating to the purchaser in connection with the management of contracts. The Vendor shall also use information on the purchaser to keep and maintain the purchaser’s customer accounts as well as to present contents like a wish list and make product recommendations. In doing so, the Vendor shall, in particular, comply with the provisions of the German Data Protection and Privacy Act (Bundesdatenschutzgesetz, BDSG) and the German Telemedia Act (Telemediengesetz, TMG). Unless the purchaser has given its consent, the Vendor shall only collect, process and use inventory and usage data relating to the purchaser if and to the extent this is required for managing the contractual relationship.
(2) The purchaser shall only disclose data relating to the purchaser in the context of contract management by third parties acting on behalf of the Vendor.
(3) The purchaser shall at any time have the opportunity to retrieve, change or delete data stored with respect to the purchaser in the purchaser’s user profile when clicking on the “Login“ button https://www.torqeedo.com/en/account. Otherwise, in connection with the purchaser’s consent and additional information such as the purpose, scope, nature and place of data collection, processing and usage, reference is made to the Vendor’s Data Privacy Statement which may be downloaded and printed out at any time when clicking at “Data Protection“ https://www.torqeedo.com/en/customer-service/privacy-policy.html
Section 12 Prices
(1) Prices indicated on the Vendor’s website are including value-added tax at the applicable rate, as amended from time to time. A flat shipping rate shall be charged for shipment by parcel. The Vendor shall dispatch the goods by UPS; products including a battery shall be dispatched as hazardous goods by UPS or forwarding agent.
(2) In the event that unforeseeable changes in the cost of raw materials, wages, energy or any other costs were to occur as a result of which the Vendor may no longer reasonably be expected to perform the contract, the Vendor shall, subject to the conditions specified in section 313 German Civil Code (BGB), have the right to request that a price adjustment be negotiated and, in case of failure of the parties to find an agreement, the Vendor shall have the right to rescind the contract if it has reasonably become unacceptable for the Vendor to perform the contract.
(3) Shipping Costs
Please click here https://www.torqeedo.com/en/customer-service/help.html to see an overview of shipping charges that will also be displayed in the shopping cart. The shipping costs must be borne by the purchaser unless the purchaser avails himself of his right of revocation.
Section 13 Methods of Payment / Right to Offset
(1) The purchaser has the right to effect payment by Credit card, Paypal or cash before delivery. Payment by cash on delivery or buying on account shall not be allowed.
(2) Purchasers registered via the Vendor’s website have the opportunity to change the type of payment saved in their user account at any time.
(3) Payment of the purchase price shall fall due immediately upon formation of contract and in case of payment by PayPal, the amount shall be collected directly after formation of contract. Should a certain date of maturity of the payment already have been fixed or should it be possible to define a certain date of maturity based on contractual agreements, the purchaser shall already be considered to be in default after such date has passed without payment having been made without a reminder or dunning notice having to be sent. In this case the purchaser shall pay to the Vendor interest on arrears totalling five percentage points above the base rate for default.
(4) The obligation of the purchaser to pay interest on arrears shall apply without prejudice to the Vendor’s right of assertion of additional loss or damage incurred as a result of default.
(5) The purchaser may only offset its claims against the Vendor’s claims if and to the extent that the purchaser’s counter-claim is not a contested claim or if a final and absolute legal title exists; the purchaser may only assert a retaining lien to the extent such retaining lien relates to claims arising from the contract.
Section 14 Dispute Resolution
At https://ec.europa.eu/consumers/odr/, the European Commission provides a platform for online dispute resolution. The Vendor does not have the obligation to participate in and is not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Section 15 Applicable Law / Place of Jurisdiction
(1) In the event that individual provisions of these T&Cs were to be or become invalid, this shall be without prejudice to the validity of the remainder of the provisions. Instead of the invalid provisions, the pertinent provisions of the law as applicable shall apply. This shall apply mutatis mutandis with respect to the filling of any omissions, loopholes or gaps that may exist in these T&Cs.
(2) This contract shall be governed by the laws of the Federal Republic of Germany; application of the UN Sales Convention (CISG) shall be excluded. If the habitual place of abode of the purchaser, as a consumer, at the time of formation of contract is located in a country outside the European Union, application of mandatory legal provisions of the country concerned shall remain unaffected by the choice of law made in the first sentence.
Most recently updated on: May 2019