General terms and conditions with customer information

General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery and product availability
6. Payment modalities
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope
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: “seller”)

and the customer (hereinafter: “customer”), the following terms and conditions apply exclusively in their version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and issues weekdays from 9:00 to 16:00 under the telephone number 02333-75989 and by e-mail at info@tietzsch.de.

1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither to their commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognised unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller’s websites do not represent a warranty or guarantee.
All offers are valid “as long as stocks last” unless otherwise noted in the products. Errors remain reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them in a so-called shopping cart via the “add to cart” button. The product selection within the shopping cart can be changed, e.g. deleted, Afterwards, the customer can use the “Continue to checkout” button within the shopping cart to complete the ordering process.

3.2. By clicking the “submit order” button, the customer makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Mandatory information is 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 via the “print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request.

3.4. The purchase contract comes about through positive payment through an offered third-party provider (e.g. PayPal).

4. Prices and shipping costs
4.1. The final prices in the shopping cart, which are stated on the website of the seller, are inclusive of the applicable statutory sales tax.

4.2. In addition to the prices quoted, the seller charges for shipping. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

4.3. For cross-border deliveries, additional taxes and/or duties (e.g. customs duties) may be payable by the buyer in individual cases. These are not paid to the seller, but to the relevant customs or tax authorities. Before completing the order, the buyer is expressly advised of additional costs of this kind.

5. Delivery, product availability
5.1. As far as advance payment has been agreed, the delivery will be made at the earliest on receipt of the invoice amount or according to the delivery time stated when ordering.

5.2. If the ordered product is not available because the seller of this product is not supplied by its supplier through no fault of the seller’s own, the seller may rescind 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 wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.3. Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

5.4. The delivery of several products is exclusively made as a single delivery and will not be divided into multiple deliveries. The decisive factor for the delivery time of the package is the product with the respective longest delivery time. Should a partial delivery by the customer be desired, this can only be done by two separate orders.

6. Payment modalities
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.

6.2. For all payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are used for payment, e.g. Paypal, their terms and conditions apply.

6.4. The customer is only entitled to offsetting if their counterclaims have been legally established or recognised 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
Until full payment, the delivered goods remain the property of the seller.

8. Warranty and guarantee
8.1. The warranty is determined by legal regulations.

8.2. A warranty exists for the goods delivered by the seller only they have been expressly delivered

9. Liability
9.1. The following exclusions and limitations apply for the liability of the seller for damages without prejudice to the other statutory eligibility requirements.

9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardises the achievement of the purpose of the contract, or for the breach of duties whose fulfilment enables the proper execution of the contract in the first place and in whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. No other guarantees, such as suitability for specific applications, are given. No liability is assumed for incidental or consequential damages or losses, whatever the cause.

9.6. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function their his browser in the last step of the order process.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the general terms and conditions, together with the cancellation policy and the information on shipping costs and terms of delivery and payment. The contract text is stored by the company Rudolph Tietzsch GmbH & Co.KG. Please read our privacy policy regarding the storage of your data.

11. Final provisions
11.1. The jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. The contract language is German.

11.3. European Commission Online Dispute Resolution (OS) platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.