1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery and availability of goods
6. Payment modalities
7. Reservation of proprietary rights
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Scope of application
1.1 For the business relationship between
Rudolph Tietzsch GmbH & Co. KG
Willringhauser Str. 18
58256 Ennepetal
GERMANY
Phone: +49 2333 – 7 59 89
fax: +49 2333 – 7 52 57
(hereinafter referred to as “Seller”)
and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 4:00 pm under the telephone number 02333-75989 and by e-mail at info@tietzsch.de.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions excepted.
3. Order process and conclusion of contract
3.1 The customer can select products from the assortment of the seller without obligation and collect them via the button “add to cart” in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button “Continue to checkout” to complete the ordering process.
3.2 By clicking on the “Submit Order” button, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has confirmed the shipment of the goods with the corresponding delivery date within 4 working days with a second e-mail in the form of an order confirmation.
3.4 In case of payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment has not been received by the Seller within 10 calendar days after sending the order confirmation, despite the due date, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 The final prices in the shopping cart, which are indicated on the website of the seller, are inclusive of the applicable statutory sales tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
4.3 In the case of cross-border deliveries, additional taxes and/or duties (e.g. customs duties) may be payable by the Buyer in individual cases. However, not to the seller, but to the local customs or tax authorities.
5 Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made at the earliest after receipt of the invoice amount or according to the delivery time stated in the order confirmation.
5.2. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.3. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.4. The delivery of several products takes place exclusively in one complete delivery and is not divided. The product with the longest delivery time is decisive for the delivery of the package. If a partial delivery is desired by the customer, this can only be done by placing two separate orders.
6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. In the case of prepayments, the payment must be made in advance without any deductions.
6.3 When paying on account, you must transfer the invoice amount to our bank account within 30 days of receipt of the goods and the invoice.
Deviating terms of payment will not be recognized unless the seller expressly agrees to their validity.
The terms of payment are clearly stated on written offers, the order confirmation and the invoice.
6.4. If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.5. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty and Guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee exists for the goods delivered by the seller according to its guarantee conditions EU or guarantee conditions worldwide.
Deviating agreements only apply if they have been expressly agreed.
9. Liability
The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other legal requirements for entitlement:
9.1. The seller is liable without limitation as far as the cause of the damage intent or gross negligence on his part.
9.2. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.3. This liability does not apply to batteries, improper handling of the products, improper use, opening the housing, incorrect storage or damage caused by accidents.
9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. No other warranties such as suitability for specific applications are given. We accept no liability for incidental or consequential damage or loss, regardless of the cause.
9.6. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. The text of the contract is saved by Rudolph Tietzsch GmbH & Co.KG. The storage of customer data can be read in our privacy policy.
11. Final Provisions
11.1. The place of jurisdiction and performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. Contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The seller is not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.