§ 1 Scope
The following General Terms and Conditions of Sales and Delivery of torfunk-shop.de shall apply to all sales, deliveries and services. Torfunk-shop.de is the online shop of Stranghöner GmbH, Alte Bottroper Str. 99, 45356 Essen, Germany. These General Terms and Conditions apply exclusively. Conflicting customers’ conditions or conditions varying from those indicated in our General Terms and Conditions shall not be accepted unless approved by torfunk-shop.de in writing in individual cases. In addition, the applicable legal regulations shall also apply.
§ 2 Formation of a Contract
The customer offers to conclude a contract by sending an order to torfunk-shop.de. An automatically generated order confirmation will be sent to you including all the details of your order. This order confirmation shall not constitute the acceptance of the contract offered by the customer. torfunk-shop.de shall be entitled to accept such an offer within two weeks upon receipt of the same either by sending a separate message in which the offer is confirmed or by delivering the goods within this term. Torfunk-shop.de also reserves the right to not accept a customer’s offer of contract. The customer shall then be informed to this regard by email.
§ 3 Right to Cancellation
Right of Cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us:
Fa. Stranghöner GmbH
Alte Bottroper Straße 99
D 45356 Essen
Tel: 0049 (0)201 / 866 220
by means of a clear statement (e.g. a letter sent by mail or an e-mail) about your decision to cancel this contract.
You may also use the model cancellation form, but it is not mandatory.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract.
We will make the reimbursement without undue delay and not later than 14 days after the day on which we were notified of your cancellation of the contract.
In any event, you will not incur any fees as a result of the reimbursement.
We may withhold the reimbursement until we have received the goods back again or you have supplied evidence of having sent back the goods, whichever is the earliest.
You bear the direct costs of returning the goods.
The right of withdrawal applies only to consumers and not to entrepreneurs or institutions under public law.
§ 4 Prices and Shipping Charges
All listed prices include German VAT (19%). Shipping charges for each order are as following (incl. German VAT):
within germany only:
|€ 6,90||€ 4,90||€ 3,90|
EU and Switzerland:
|€ 6,90||€ 7,90||€ 9,90|
Shipments to countries outside the EU and Switzerland on request only.
§ 5 Conditions of Delivery
Goods are subject to availability. Any delay in the delivery process of the goods is beyond our control. Delivery time can therefore not be guaranteed and any dates specified for the delivery of the goods shall thus be considered approximate only. If torfunk-shop.de or our suppliers are temporarily out of stock, the customer will be notified to this regard and, as a result, up to 14 days should be allowed for for the despatch of the goods. In the event of a delay of more than 14 days, the customer has the right to cancel the order and torfunk-shop.de will refund any money already paid by the customer for any goods. Torfunk-shop.de shall not be held liable for any losses, costs, damages, charges, or expenses caused by any delay of the delivery of the goods. Torfunk-shop.de shall choose the mode of despatch.
§ 6 Terms and Conditions of Payment
Within Germany, customers (at least 18 years old) can choose between three different modes of payment: prepayment, cash on delivery or invoice. Outside Germany, cash on delivery is not possible and private customers can only pay by prepayment. When choosing payment by invoice, torfunk-shop.de reserve the right to transfer personal customer information to affiliates of torfunk-shop.de for the purpose of verifying the creditworthiness and credit control as part of the data exchange, e.g. with Creditreform Essen Stenmans KG, Alfredstr. 68-72, 45130 Essen, Germany. When ordering by invoice, the customer shall effect payment within one week upon receipt of the invoice. If payment is not effected within this period, this shall be considered breach of contract for delay of payment which shall entitle torfunk-shop.de to claim interest for delay amounting to 5% above the Basic Interest Rate. There is no possibility of cash discount deduction. Title to all products shall not pass before full payment has been received by torfunk-shop.de.
§ 7 Warranty
All new torfunk-shop.de products are covered by a warranty against defects in materials and workmanship limited to a period of two years. This warranty does not cover accidental damage, misuse, improper care or alteration or wear and tear or acts of God. If, after inspection, torfunk-shop.de find that the product is defective in materials or workmanship, torfunk-shop.de shall, at our discretion, repair or replace the product free of charge and return the product to the customer. The customer shall bear the shipping costs to torfunk-shop.de, the costs of the inspection and the return shipment shall be borne by torfunk-shop.de. This warranty excludes claims for incidental or consequential damages in connection with the warranty problem.
§ 8 Privacy
All personal customer information will be treated absolutely confidential. The information shall only be stored and processed to such extent as permitted by the customer and in strict observance of the applicable rules and regulations. The transfer of such information to third parties who are not involved in the performance of the contract shall be excluded.
§ 9 Miscellaneous
Outside of Germany, the customer shall take full responsibility that the purchased goods meet the national technical requirements and standards.
§ 10 Court of Jurisdiction
Court of jurisdiction shall be Essen. The above General Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods).Status 01.02.18