General terms and conditions
I. General Terms and Conditions
1 Basic provisions
(1)The following terms and conditions apply to contracts that you enter into with us as the provider (Ursula Tschierlei) via the www.tourmedia-shop.de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.
(2)A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the course of his or her own professional or commercial activity.
§ 2 Formation of the contract
(1) The subject matter of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit to you a binding offer for the conclusion of a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping basket" using the corresponding button in the navigation bar and make changes there at any time.
After calling up the "checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option of checking all the details again, changing them (also using the "Back" function of the Internet browser) or cancelling the purchase.
By sending the order via the button "ORDER FOR PAYMENT" you declare the legally binding acceptance of the offer, whereby the contract comes into effect.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and ¨bmittlung of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1)You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or provision of security is not permissible.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, if you fail to meet your payment obligations in an orderly manner, we reserve the right to collect the claim ourselves. We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or provision of security shall not be permissible.
c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or provision of security shall not be permissible.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 4 Warranty
(1)The statutory warranty rights shall apply.
(2)As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) The warranty period is one year from delivery of the goods. Excluded are damages which have arisen through use.
(4)If you are an entrepreneur, the following applies in deviation from the above warranty regulations: Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
§ 5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of validity).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the seller
Phone: 03529 511954
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text
3.1 The contract language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data and the legally required information for distance contracts will be sent to you by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
We have submitted to the Käufersiegel-Qualitätskriterien "Geprüfter Webshop", viewable at: https://www.gepruefter-webshop.de/kundentool/siegel/PZ1700-314/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and methods of payment
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Terms of Delivery
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Legal Right to Liability for Defect
The liability for defects shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and the Customer's General Terms and Conditions shall apply.
These GTC and customer information are regularly checked for legal conformity. The consulting firm TISKO Consulting GmbH, based in Linz am Rhein and specialising in e-commerce solutions, guarantees the legal compliance of the texts and is liable in the event of warnings. You can find more information on this at: https://https://www.gepruefter-webshop.de/agb/.
last updated: 17/06/2020