General Terms and Conditions of TicToys.de
General terms and conditions and customer information § 1 Basic provisions
The following general terms and conditions apply to legal transactions and legal transactions with TicToys GmbH, Erich-Zeigner-Allee 64, 04229 Leipzig (hereinafter referred to as "seller"). Terms and conditions of the buyer that deviate from these conditions do not apply. Counter-confirmations by the buyer with reference to his own business or purchasing conditions are expressly rejected. Deviations from this require written confirmation from the seller.
A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
§ 2 conclusion of contract
The contract language is German. The seller does not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by the seller, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to the customer again by email. For quotation requests, which are transmitted to the seller, for example, the customer receives all contract data as part of a binding offer, which the customer can print out or save electronically.
The seller's range of goods on the Internet does not constitute a binding offer to conclude a purchase contract. Rather, it is to be understood as an invitation to submit a purchase offer.
You can submit your purchase offer in the following ways: by phone or fax, in writing, by email or via the system integrated in the seller's online shop. By submitting the order you submit a binding purchase offer to the seller. If you then receive an automatic e-mail about the receipt of your order, this is not an acceptance of the offer and does not lead to the conclusion of the contract. The contract is then concluded with a personal confirmation from the seller. This can also be done in a conclusive statement, such as in the message about the processing or shipping of the order.
If you do not receive a personal confirmation within 7 working days, you are no longer bound to your offer. In this case, any services already rendered will be refunded immediately.
§ 3 prices, shipping costs
The prices listed in the offers represent gross final prices. If the order is placed outside of Germany, additional duties or taxes may apply, which, however, are not payable to the seller. Any shipping costs incurred are expressly not included in the purchase price and will be shown separately in the course of the ordering process. Alternatively, they can be viewed here in advance .
§ 4 payment and shipping conditions
All payment and shipping terms can be viewed here in advance . Invoices are due for payment immediately. As a consumer, we kindly ask you to check the delivered goods for obvious defects as soon as possible and to notify both the freight forwarder and the seller. Your warranty claims are of course not affected by this.
Insofar as you are a consumer, the risk of accidental deterioration or accidental loss only passes to you when the goods are delivered. If you are not a consumer, delivery and dispatch are at your own risk.
§ 5 warranty and guarantee
The seller gives no guarantee himself. Manufacturer's guarantees remain unaffected by this declaration. The statutory liability and warranty provisions apply to consumers. In the case of used items, the warranty period deviates from the legal regulation one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health, grossly negligent or willful damage or malice on the part of the seller, as well as claims for recourse according to §§ 478, 479 BGB.
As far as you are an entrepreneur, the following applies differently: Only the seller's own information and the manufacturer's product description form the basis for the contractually agreed quality. You are obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to notify the seller in writing of obvious defects within 7 days of delivery of the goods; timely dispatch is sufficient to meet the deadline. If you do not meet this obligation, the assertion of warranty claims is excluded.
§ 6 retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
§ 7 liability
The seller is only liable for gross negligence and intent. Damages caused by computer failures and transmission errors during e-mail dispatch or by computer viruses are not to be classified as gross negligence. The seller takes precautions against this with suitable anti-virus software. Liability for slight negligence applies only in the event of a breach of main obligations. The seller's obligation to pay compensation is limited to EUR 5,000.00 unless a higher amount is agreed separately and in writing.
§ 8 Place of performance and place of jurisdiction
German law applies excluding UN sales law. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability). If you are not a consumer, Leipzig is the place of jurisdiction for all legal disputes.
These terms and conditions were created by lawyer Christoph Becker .
last update: 14.01.2019