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Terms and Conditions
§ 1 Scope
All deliveries of goods and services ordered via the Torqeedo online shop (hereinafter referred to as "online shop") at Internet address www.torqeedo.com are governed exclusively by these Terms and Conditions (hereinafter referred to as "T&Cs") of your contractual partner, Torqeedo GmbH, Friedrichshafener Str. 4a 82205 Gilching Phone: +49- (0) 8153-9215100 Fax: +49- (0) 8153-9215-319 E-mail: email@example.com, represented by Managing Directors Dr Christoph Ballin, Dr Ralf Plieninger (hereinafter referred to as "vendor"). Any terms and conditions of the purchaser will only apply if they have been explicitly acknowledged in writing by Torqeedo in each individual case.
§ 2 Conclusion of contract
(1) The presentation of the range of goods in the online shop does not constitute a legally binding offer for sale; instead it is an invitation to the purchaser to issue an offer for the conclusion of a purchase contract. The vendor wishes to point out that the colour of the products may vary from the representation in the online shop.
(2) The order represents an offer to the vendor to conclude a contract of sale. After issuing the offer to purchase, the purchaser will receive an e-mail (order acknowledgement) simply listing the contents of the order. This e-mail serves only as information to the purchaser acknowledging that the order has been received. Acceptance of the offer and the conclusion of the contract will only be effected if the vendor sends the purchaser either a separate declaration of acceptance by e-mail ("order confirmation") or a shipping notice for the goods ordered by the purchaser within five days after the order.
(3) No contract will be concluded for goods not listed in the order confirmation or shipping notice. This may also affect products that are offered in the online store but which are not available for delivery when the order is received.
§ 3 Right of withdrawal for consumers / Exclusion of right of withdrawal
The following applies when the purchaser is a consumer in terms of legal provisions:
Right of withdrawal
You are entitled to withdraw from this agreement within fourteen days without disclosing any reasons.
The period of withdrawal is fourteen days from the date
- on which you, or a third party nominated by you who is not the carrier, have/has taken possession of the item or items ordered as part of a single order and the item or items has/have been delivered together;
- on which you, or a third party nominated by you who is not the carrier, have/has taken possession of the final item of several items ordered as part of a single order and the items were delivered separately;
- on which you, or a third party nominated by you who is not the carrier, have/has taken possession of the final part shipment or of the final piece of an item ordered that was delivered in more than one part shipment or piece.
If more than one of the aforementioned possibilities apply, the period of withdrawal does not begin until you, or a third party nominated by you who is not the carrier, have/has taken possession of the final item final part shipment or final piece. If you wish to exercise your right of withdrawal, you must inform us
Friedrichshafener Str. 4a
Phone: +49 - (0) 8153-9215-100
Fax: +49 - (0) 8153-9215-319
by means of an explicit declaration (e.g. in a letter sent by post, in a fax or e-mail) about your decision to cancel the contract. You may use the accompanying Sample withdrawal form for this purpose; this is not, however, mandatory.
In order to comply with the period of withdrawal it is sufficient for you to send notification that you are exercising your right of withdrawal before the period of withdrawal expires.
Consequences of withdrawal
Should you choose to withdraw from this withdrawal, we must reimburse all payments that we have received from you, including any costs of delivery (with the exception of additional costs resulting from your choice of a different form of delivery to the cheapest form of standard delivery offered by us), with immediate effect and within fourteen days of the date on which we receive the notification of your withdrawal from this contract at the latest. We will use the same means of payment for reimbursement that you used for the original transaction unless an alternative is explicitly agreed with you; no fees of any kind will be charged to you for reimbursement. We may refuse reimbursement until we have received the returned goods or until you can present proof that you have returned the goods, depending on whichever date is earlier.
You must return and surrender the goods immediately to us (Torqeedo GmbH, Friedrichshafener Str. 4a, 82205 Gilching), in any case within fourteen days at the latest of the date on which you informed us of your withdrawal from the contract. The period will be deemed to have been observed if you despatch the goods before the end of the fourteen-day period. We will bear the costs for the return of the goods. You need only pay for any loss in value of the goods if this loss in value is due to any handling that was not necessary in order to inspect the quality, characteristics or functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not extend to contracts for the delivery of goods that are not prefabricated and whose manufacture is to a significant degree determined by the purchaser's choice and specification and which are clearly tailored to meed the purchaser's individual requirements.
The sample withdrawal form contains the following information relating to statutory regulations:
Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to:
Torqeedo GmbH, Friedrichshafener Str. 4a, 82205 Gilching; Phone: +49-(0) 8153-9215100; Fax: +49 (0) 8153-9215-319; E-mail: firstname.lastname@example.org
I/we (*) herewith withdraw from the contract concluded by me/us (*) for the purchase of the following items:_____________ (*) /provision of the following service:_______________(*)
Ordered on _________________(*) /received on:______________(*):
Signed by consumer(s)______________________________________
(only if sent on paper)
(*) Please delete as applicable.
End of information regarding right of withdrawal
§ 4 Delivery
(1) With regard to the delivery of items ordered via the online shop, the vendor will deliver to any address around world the via UPS parcel delivery; items with batteries will be delivered as UPS hazardous materials or by carrier. Delivery periods commence on conclusion of the contract. If contractual changes are subsequently agreed, periods of delivery will be extended by the same length of time between the conclusion of the contract and the contractual change unless the contracting parties agree otherwise.
(2) The vendor will only fall behind with the delivery obligation if the purchaser issues a reminder and sets an appropriate deadline when the original delivery period expires. This does not apply if the delivery period was specified as binding.
(3) Force majeure or disruption to the operations of the vendor or his suppliers caused, for example, by unrest, strike or lockout that is no fault of the vendor but which prevents him from delivering the purchased item(s) by the agreed date or within the agreed period, changes the agreed deadlines and periods by the length of the delay resulting from these circumstances. The purchaser may withdraw from the contract if a delay results in a postponement of performance of more than four months. Other rights of withdrawal remain unaffected.
(4) If subsequent modifications to the contract are agreed, any already agreed delivery deadlines will be extended where necessary.
(5) The place of fulfillment for delivery and payment is the purchaser's place of residence in the case of distance contracts. The place of fulfillment for contracts between companies is the vendor's place of business. If the place of fulfillment is to be a different location, this must be explicitly agreed. If the purchaser requests the goods to be sent to a different place, any higher costs of shipment must be borne by the purchaser.
§ 5 Shipment
(1) The vendor bears the risk of shipment if the purchaser is a consumer. If the purchaser is a businessperson, risk is transferred to the purchaser as soon as the shipment has been handed over to the person effecting transport or left the logistic service provider's warehouse for the purpose of shipment.
(2) Unless the contracting parties agree otherwise, the purchaser bears the costs of shipment.
(3) The vendor is obliged, at the purchaser's request, to conclude transport insurance at the purchaser's expense.
(4) If the purchaser detects signs of damage during transport on receipt of the goods, he must notify the carrier and the vendor within one week. The insurer must be notified immediately if transport insurance was concluded.
(5) If the purchaser does not explicitly prescribe route, shipping or type of packaging, the vendor is entitled to take the necessary measures, taking the purchaser's interests into account; however, the vendor will not be liable for any delays in the transport time.
§ 6 Liability for quality defects, warranty
(1) The purchaser is obliged to check the functionality of the goods. If the purchaser is a businessperson, any claims for defect on the part of the purchaser require him to have duly met his obligation of inspection and notification of defect in accordance with section 377 of the German Commercial Code (HGB). If the purchaser is not a consumer, he must notify the vendor of any defects in the purchased item(s) in writing immediately, however within one week after receipt of the delivered item at the latest. Defects that cannot be detected through careful inspection within this period must be communicated to the vendor in writing immediately on detection.
(2) The vendor is liable for quality defects in accordance with the applicable legal regulations, in particular sections 434 ff. of the German Civil Code (BGB). If the purchaser is a consumer, the provisions of sections 474 ff. of the German Civil Code (BGB) also apply.
(3) If the purchaser demands supplementary performance, the vendor will first attempt to eliminate the defect through subsequent improvement. The purchaser's right to opt for delivery of a defect-free item instead of subsequent improvement is limited by section 43, para. 3 of the German Civil Code (BGB) to such an extent that the delivery of a defect-free item can only be effected at an unreasonable expense or is unreasonable owing to long delivery times. Here, consideration must be given to the value of the item in its defect-free state, the significance of the defect and the question whether the other method of supplementary performance could be applied without considerable disadvantages for the purchaser. These conditions exist if the purchased item was produced in accordance with the customer's specification or it is some other form of made-to-order production.
(4) The contracting parties agree that the purchaser will surrender the sold item to the vendor at the place of fulfillment for the purpose of supplementary performance. If the vendor is unable to collect the item at the place of fulfillment, the purchaser is entitled to ship the item to a different location at the vendor's expense.
(5) Goods supplied by the vendor only have additional warranty if this was explicitly mentioned for the relevant article in the order confirmation.
(6) If a third party, e.g. a supplier to the vendor, has given a manufacturer's warranty, the contracting parties agree that, if the purchaser is a businessperson, the purchaser will first assert claims arising from the manufacturer's warranty. However, this agreement in no way restricts the purchaser's statutory rights towards the vendor. The purchaser may contact the vendor direct at any time for the purpose of supplementary performance without disclosing any reasons.
(7) Claims for defect on the part of the purchaser lapse after two (2) years, or after one (1) year for used items, calculated from the relevant date of transfer of risk. If the purchaser is a businessperson, the warranty obligation for items supplied by the vendor is a standard one (1) year. This limitation does not apply in cases where the vendor has assumed a warranty for the quality of the goods or has fraudulently concealed a defect.
§ 7 Vendor's liability
(1) The vendor bears unlimited liability where cause of the damage can be attributed to intent or gross negligence.
(2) Moreover, the vendor is also liable for the slightly negligent breach of fundamental obligations, the violation of which endangers the achievement of the purpose of the contract, or for breaches of obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the purchaser may normally rely. In this case, the vendor will only be liable for foreseeable damage typical for this type of contract. The vendor will not be liable for a slightly negligent breach of obligations differing from those listed in the previous clauses.
(3) The above limitations of liability do not apply to injury to life, body or health, for a defect after assumption of warranty for the quality of goods and in the case of fraudulently concealed defects.
(4) Liability arising from the Product Liability Act (ProdHaftG) remains unaffected.
(5) Where the vendor's liability is restricted or excluded, this also applies to the personal liability of the vendor's employees, representatives or agents.
§ 8 Spare parts
The vendor will supply spare parts for the purchased item in accordance with the relevant applicable spare parts price list for a period of five years after the purchased item has been delivered.
§ 9 Design modifications
The vendor reserves the right to make design modifications at any time; however, he is not obliged to make any such modifications to products that have already been delivered.
§ 10 Retention of title
All goods delivered remain the property of the vendor until full payment has been effected.
§ 11 Data protection
(1) The vendor collects data relating to the purchaser in the course of processing the contract. The vendor also uses information about the purchaser in order to set up and maintain the purchaser's customer account as well as to create a wish list and to recommend products. The vendor takes special care to comply in particular with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The vendor will only collect, process and use the purchaser's inventory and usage data without the purchaser's consent where this is necessary to process the contract.
(2) Data relating to the purchaser will only be disclosed in the course of processing the contract by third parties on behalf of the vendor.
(3) The purchaser has the possibility at all times to access the stored data relating to him via the "Login" https://www.torqeedo.com/B2B/en/account button in his user profile and to modify or delete them. For the rest, we would refer to the vendor's data protection statement that can be accessed at any time in printable form under "Data Protection" at https://www.torqeedo.com/B2B/en/customer-service/privacy-policy.html and which covers the purchaser's consent and other information such as purpose, scope, type and place of data collection, processing and use.
§ 12 Prices
(1) The prices indicated on the vendor's website include the statutory rate of value added tax. A flat fee for shipment is charged for parcel delivery. The vendor sends goods by UPS; items with batteries will be delivered as UPS hazardous materials or by carrier.
(2) If unforeseen changes in the price of raw materials, wages, energy or other factors occur which make contract performance by the vendor unreasonable, the vendor is entitled under the provisions of section 313 of the German Civil Code (BGB) to request a price adjustment to be negotiated and, in the event of a failure to agree, to withdraw from the contract if the fulfillment of the contract has become unreasonable for the vendor.
(3) Shipping costs
You can view the incidental shipping costs at https://www.torqeedo.com/B2B/en/customer-service/help.html; they are also displayed in the shopping cart. They must be borne by the purchaser unless the purchaser makes use of his right to withdraw from the contract.
§ 13 Payment methods / Offsetting
(1) The purchaser can effect payment in advance or via PayPal. Payment on delivery or against invoice is not possible.
(2) Registered purchasers can change the payment method stored in their user account on the vendor's website at any time.
(3) Payment of the purchase price is due immediately on conclusion of the contract and occurs directly after contract conclusion when payment is effected via PayPal. If payment is due on a specific date, the purchaser will be in default after missing the date. In this case, the purchaser must pay the vendor default interest at 5 percentage points above the base interest rate. If the purchaser is a businessperson, he must pay the vendor default interest at 8 percentage points above the base interest rate.
(4) The purchaser's obligation to pay default interest does not exclude the assertion of further claims for damage caused by default.
(5) The purchaser may only set off claims against the vendor's claims if the purchaser's counterclaims are undisputed or if a legally enforceable title has been issued; the purchaser may only assert a right of retention if it is based on claims arising from the contract.
§ 14 Patents
(1) If the purchaser is a businessperson, the vendor will indemnify him and his customers against claims asserted for the infringement of copyright, trademark rights and patents relating to the delivered item(s) unless the design of a delivered item originally came from the purchaser. The amount of the vendor's indemnification obligation is limited to foreseeable damage. An additional condition for indemnification is that the vendor is allowed to conduct all legal disputes and that the claimed breach of rights is attributed exclusively to the construction of the vendor's delivered item(s) without connection to or use of other products.
(2) The vendor is entitled to choose to release himself from the obligation assumed in paragraph (1) by either (a) acquiring necessary licences for the allegedly infringed patents or (b) providing the purchaser with a modified delivery item or parts that eliminate the charge of infringement regarding the delivery item when substituted for the infringed delivery item or part.
§ 15 Applicable law / Jurisdiction
(1) If individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions will remain unaffected. The relevant statutory provisions will apply instead of the invalid ones. This applies accordingly for filling any gaps caused by omissions in the provisions of these T&Cs.
(2) The law of the Federal Republic of Germany applies exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
(3) Where the purchaser is a registered trader, legal person under public law or separate estate under public law, the vendor's place of business will be the place of jurisdiction for any disputes arising directly or indirectly in connection with the contractual relationship. However, the vendor is also entitled to bring action against the purchaser at the latter's place of business.
Last updated: 19 December 2014