TERMS AND CONDITIONS
General terms and conditions (GTC) webshop TAU
1. Area of application
The present general terms and conditions (“GTC”) shall apply to all business relations between Adana Twins GbR (hereinafter referred to as “TAU or “we”) and its customers, as deﬁned at the time of conclusion of the contract. The customer (hereinafter referred to as “customer”, “purchaser”, or “you”) herewith acknowledges and agrees to the following GTC. Conﬂicting conditions or conditions differing from those indicated in our GTC cannot be accepted unless we have given our explicit written consent to their applicability.
2. Conclusion of contract
All goods offered by TAU are without engagement and subject to conﬁrmation and availability. A contract hereunder is concluded through written acceptance of the order by us on the basis of the terms stated on our website. Acceptance may occur by conﬁrmation of receipt of the order, which may be used as an invoice at the same time, by e-mail or postal delivery. Please check the conﬁrmation of receipt for any mistakes as well as for any variations and inform us immediately about any possible discrepancies by sending an email to email@example.com.
By law we can only accept offers from customers of legal age. Orders placed by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.
TAU shall be entitled to cancel orders placed by apparent resellers, in particular during price campaigns. We reserve the right to perform credit assessments (even after the conclusion of a contract) and to revoke the contract in case of a negative result.
3. Reservation of title
All delivered goods shall remain in the sole ownership of TAU until all claims by TAU arising from the business relationship with the purchaser have been satisﬁed.
In the event that items delivered to the customer are defective, the customer can at his own option either demand for the respective defects to be rectiﬁed, or for a replacement to be provided. Notice of apparent defects shall be given in writing or by email to TAU within two (2) weeks from the day after the receipt of the items in question. In order to give timely notice, timely dispatch of the notice is sufficient. subsequent claims shall be barred. Sections 377 et seq. of the german commercial code (HBG) shall apply if the customer is a businessman.
If TAU refuses rectiﬁcation/replacement of deliveries due to unreasonable costs or incapability, or if TAU is responsible that rectiﬁcation/replacement of deliveries fail within an appropriate period of time, or if rectiﬁcation/replacement of deliveries fail in any other way, then the customer shall be entitled at his option to terminate the contract or reduce the purchase price. If TAU is responsible for the defect the customer shall be entitled to claim compensation for damages.
TAU shall be solely liable for grossly negligent or intentional breaches of duty insofar as no breach of cardinal duty is on hand. In the event of a breach of cardinal duties caused by a vicarious agent, TAU´s liability shall be limited to the damage typically predictable. In the event of a breach of cardinal duties caused by a chief executive or a statutory representative through ordinary negligence, TAU´s liability shall be limited to the damage typically predictable.
4. Revocation right
The following revocation right shall only apply to private customers. Such customers can revoke the contract within 14 days of receipt pursuant to § 312 d German civil code (BGB).
As a private customer you have the right by law to revoke the contract in any form of expression (e.g. letter, fax, email etc.). Simply returning the items to us is not enough to make the revocation valid.
The period for revocation lasts 14 days and begins the day on which you or someone else that is not a carrier takes possession of the item(s), if you have been noticed correctly about your revocation rights.
Revocation notices and returns shall solely be made to:
JM MGMT, Schlesische Str. 26 , 10997 Berlin, Germany, firstname.lastname@example.org
Shall you choose to revoke the contract, we will immediately send you a confirmation about having received the revocation.
Pursuant to the applicable law excluded from revocation shall be in particular:
(I) Delivery of items produced speciﬁcally according to customer’s speciﬁcation or
unambiguously tailor-made to match his personal requirements, or
(II) Delivery of audio or video recordings or of software insofar as the data media supplied is unsealed, or
(III) Delivery of items that are by nature not suitable for return.
In the event of an effective revocation the consideration received by both parties and any beneﬁt received (e.g. interest) shall be returned. If the customer cannot return the items received, either totally or partly or only in deteriorated condition, the customer shall be obliged to compensation to us (if applicable). However, this shall not apply if deterioration of an item results exclusively from inspecting it – as would have been possible, for example, in a shop. In addition this shall not apply if deterioration is based on the designated use of the object.
Objects capable of return by parcel shall be returned at our expense and risk. Objects not capable of return by parcel shall be collected from the customer. The customer shall bear the costs of returning the items. Return costs for shippings are not refundable.
5. Data protection
Personal data required for business transaction (usage data) shall be provided by the customer. TAU will use, store and process the personal data in compliance with the German data provisions.
The usage data shall be solely used for the business transaction between TAU and the customer. The usage data contains in particular the characteristics identifying the customer as a user, information about the beginning and the end as well as the scope of the usage etc. TAU shall be entitled to use the usage data for advertisement, market research or its own purposes (e.g. optimising the website etc.). The customer shall be entitled to object this use of his usage data by notifying TAU through e-mail or in writing.
Governing law shall be the law of Germany with exclusion of the un-law on contracts for the international sale of goods (CISG). This does also apply to orders made from abroad or if the items are sent abroad.
Place of jurisdiction and place of performance shall be Berlin, Germany to the extent permitted by law.
Should any of the clauses hereunder be wholly or partially invalid, this shall not affect the validity of the remaining clauses or parts thereof.
Last update: August 2018