Conditions
Tinbot Technology GmbH
Edisonstrasse 7
63477 Maintal
+49 6196 9737 958
info@tinbot-tech.de
§ 1. General
All agreements, offers, orders, deliveries and other business transactions are based on our general terms and conditions. They are deemed to have been accepted when the order is placed or when the delivery is accepted. Deviating provisions must be confirmed in writing. Unless otherwise specified, the statutory provisions apply. In the following, the company Tinbot Technology GmbH,Edisonstrasse 763477 Maintal, Germany as "supplier", the respective business partner as "dealer".
§ 2 Offer
The offers are non-binding. The supplier reserves ownership and copyright. All prices are in EURO including VAT, excluding shipping and insurance costs and including normal packaging.
§ 3 Delivery
1. Delivery times are non-binding, partial deliveries are permitted. The delivery time is only agreed as an approximation.
2. If the goods are sent to the dealer at the request of the dealer, the risk of accidental loss or accidental deterioration of the goods passes to the dealer when they are delivered to the external shipping agent of the supplier, but to the forwarding agent when they leave the warehouse, regardless of whether the shipment is made from the place of performance and who bears the freight costs.
3. In the event of subsequent changes to the contract that could affect the delivery period, this will be extended appropriately, unless special agreements have been made about this.
4. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which the supplier is not responsible, the risk passes to the customer upon receipt of notification of readiness for dispatch.
5. In the event of difficulties in delivery caused by unforeseen difficulties, operational disruptions, war, strikes, transport difficulties and official measures, as well as any type of force majeure, the delivery time is extended accordingly without entitlement to compensation and the supplier is entitled to fully or partially cancel the delivery obligation cancel.
§ 4 Prices - Payment - Granting of Credit
1. Orders for which fixed prices have not been expressly agreed will be charged at the list prices (daily price) valid on the day of delivery. The calculated prices are in EURO including VAT ex warehouse including normal packaging.
2. All invoices are due for payment immediately upon receipt and without deduction, unless a different written agreement is made in the purchase contract. Payments are first offset against expenses, then against interest and finally against capital.
3. The contract is only deemed to have been fulfilled when the purchase price including all ancillary expenses shown in the purchase contract have been paid.
4. If the dealer delays payment, default interest of 8 (eight) percentage points above the base rate of the Deutsche Bundesbank will be charged. The base interest rate that applies on the last calendar day of a half-year is decisive for the next half-year. Furthermore, the payment of all dunning, collection and legal costs, insofar as they serve the appropriate legal prosecution, is agreed. The dealer is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
§ 5 Retention of title
The supplier retains ownership of the delivery item until all payments from the delivery contract have been received. This also applies if the purchase price for certain deliveries of goods designated by the dealer has been paid. In the case of a current account, the retention of title shall serve as security for the supplier's balance claim. Pledging or assignment as security of the delivered goods is prohibited until all of the supplier's claims against the dealer have been settled.
Section 6 Guarantee
1. The guarantee begins when the goods are accepted by the end customer with a signed guarantee card and ends after two years. It applies across Europe. The statutory warranty right (liability for defects) is not restricted by the guarantee. The warranty covers all repair and shipping costs for defects that occur during the warranty period and are not due to wear and tear, normal usage or improper handling. In the event of a warranty claim, please contact the aforementioned guarantor. After sending in the product and presenting the proof of purchase, the product will then be repaired free of charge or replaced with an equivalent product.
2. The supplier must be able to determine the defects within 24 hours by means of a written notification from the dealer, including all documents required for an assessment of the defect claimed. After this period has expired, the goods are deemed to have been accepted free of defects. In all cases, claims arising from defects become time-barred in accordance with the statutory provisions. Hidden defects must be claimed immediately after discovery.
3. Delivery damage will only be accepted if this has been stated on the forwarding agent's shipping documents.
4. In principle, claims for damages are limited to gross negligence and intent.
5. Claims for damages or lost profits are always excluded. In the case of justified claims, it is up to the supplier to either deliver a replacement free of charge or to credit the value in goods or a partial value. If the retailer makes changes or repairs to the defective goods on its own, the supplier is released from any warranty obligation.
§ 7 Withdrawal
1. The dealer can cancel an order in writing up to five working days after the order has been placed, but in any case before delivery.
2. The return of sold goods is fundamentally excluded. In individual cases, the taking back of goods can be agreed as an exception after prior written agreement. The prerequisite for accepting returns is that the original packaging is complete and undamaged. The returned goods are delivered at the expense and risk of the retailer. Returned goods must not bear retailer price tags or other labels or inscriptions.
3. In the case of returns, the supplier reserves the right to charge processing fees, at least 10% of the price charged. If the invoice date for the returned goods is more than two months in the past, the currently valid prices will be credited less at least 25%.
4. Goods procured on special request are generally excluded from return.
§ 8 data protection
1. The data of the dealer or the tradesman are processed according to the provisions of the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act (BDSG). According to this, the supplier is entitled to process personal data insofar as this is necessary for the execution of the contract (inventory data), for the provision of services (usage data) or billing (billing data).
2. The website is used with the use of cookies. The prerequisite is that the dealer has activated the cookies in the browser settings. A randomly generated session code and, if applicable, the customer ID are stored in the cookie. This makes it possible to recognize the dealer as a registered customer.
§ 9 Place of Performance, Place of Jurisdiction, Applicable Law
1. The place of performance for all obligations arising from the contractual relationship is the registered office of Tinbot Technology GmbH. The contract is subject to the laws of the Federal Republic of Germany. The competent court at Tinbot Technology GmbH’s registered office is exclusively responsible for all disputes arising from the contractual relationship and about its creation or effectiveness.
2. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship. If the dealer is based in another country that has ratified the UN Sales Convention, the UN Sales Convention applies. (The contractual relationship is subject to German law, with the exception of the uniform UN sales law.)
§ 10 Final Provisions
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. Instead of the invalid clause, the statutory regulation applies.
Status 03.2019