Terms and Conditions
1.1 These Terms and Conditions (hereinafter referred to as "T&C") of TactumHolz
(hereinafter referred to as "seller"), apply to all contracts that a consumer or
entrepreneur (hereinafter referred to as "customer") with the seller with regard to the seller's in its online store (tactumholz.eu) presented goods. This hereby contradicts the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 Consumer within the meaning of these T&C is any natural person who has a legal transaction for purposes which are predominantly neither of their commercial purpose nor can be attributed to self-employed professional activity. Entrepreneurs in the sense of these T&C is a natural or legal person or a legal entity (Partnership) which is when concluding a legal transaction in the exercise of its commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions of the seller contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2.1 When placing an order via the shopping cart system, the customer indicates by clicking on the button "Place Order" in the final step of the ordering process a legal
binding contract offer in relation to the goods contained in the shopping cart.
The customer must go through the following technical steps:
The customer first places the goods in the virtual shopping cart by clicking on the button "Add to Cart" and then will click on the button "Checkout". The further online ordering process comprises several steps, in the course of which the customer enters his customer data, must enter and choose the payment method. In the last step, the customer receives an overview of his order data under "Review & Place Order" and can check and change all delivery details again. The customer can also correct input errors by navigating backwards in the browser or canceling the order process and starting over. In order to complete the purchase, customer has to accept our Terms and Conditions and click on the "Place Order" button.
2.2.2 The customer can also submit a legally binding contract offer with regard to the goods in the shopping cart if he successfully completes the PayPal payment process, which appears in a new (PayPal) window after pressing the "PayPal Checkout" button.
2.3 Immediately after sending his order, the customer receives a Confirmation email from seller indicating that the seller received the offer. The seller can accept the customer's offer within five days:
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby in this respect receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods by the customer is decisive, or
- by demanding from the customer to pay after placing his order
- if direct debit payment is offered and the customer chooses that payment method, by charging the total price from the customer's bank account, whereby the decisive moment is the moment when the customer's bank account is debited.
If several of the aforementioned alternatives are available, the contract comes in place at the moment when one of the aforementioned alternatives first occurs. The deadline for acceptance of the offer begins on the following day after the offer is sent by the customer and ends with the expiration of the fifth day after the date on which the offer was sent by the customer. If the aforementioned deadline is not met, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The contract text is saved by the seller and sent to the customer following the conclusion of the contract along with the present terms and conditions and customer information in text form (e.g. e-mail, fax or letter).
2.5 For the conclusion of the contract, only the German language is available.
2.6 Order processing and contact take place via email and order processing takes place automatically. The customer must ensure that the order processing e-mail address given to the seller is correct, so that under this email address the e-mails sent on behalf of the seller can be received. In particular, the customer shall be responsible for the use of SPAM filters and ensure that all emails sent by the seller on behalf of the seller can be delivered.
3) Right of return
3.1 Consumers are entitled to a right of return.
3.2 Further information on the right of returning purchased goods can be found in the return policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include the statutory value added tax. If necessary, additional delivery and shipping costs are indicated separately in the respective product description.
4.2 The payment options offered as a means of payment in the online shop under "Payment options" are available to the customer. When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal-Terms ofUse, viewable under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.
5) Delivery and shipping conditions
5.1 The goods will be delivered to the customer indicated delivery address, unless otherwise agreed.
5.2 If the transport company sends the shipped goods back to the seller, since
a delivery to the customer was not possible, the customer bears the costs for the
unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave customer the opportunity by announcing reasonable time in advance.
6) Retention of title
If customer is using advance payment, the seller reserves the right on the ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to make a complaint to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts, in which a consumer is involved.
10.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure before a consumer arbitration board.