Terms and conditions
Tel GmbH
(Below the seller mentioned)
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Phone:
+49 (0) 21 75 - 981 95
Fax:
+49 (0) 21 75 - 88 23 66
E-mail:
info@tel-gmbh.com
Terms and conditions
General terms and conditions of business:
§ 1 General / Contract conclusion
$ 2 resignation from "seller" in the event of the non -availability of the goods
§ 3 Delivery conditions
§ 4 transfer of danger
§ 5 payment terms
§ 6 Reference to Reference
§ 7 withdrawal and return rights for consumers
§ 8 Cost application agreement deviating from the legal regulation
§ 9 Warranty conditions
§ 10 liability
§ 11 Provider marking
§ 12 place of performance / place of jurisdiction
§ 13 data protection clause
§ 14 final provisions
§ 1 General / Contract conclusion
(1) For the contracts concluded between "seller" and their customers, only subsequent terms and conditions apply. A contract between "seller" and the customer is concluded through the offer and acceptance.
(2) The setting of the goods in the online shop by "seller" is not an offer, but is only to be understood as a request to submit an offer by the customers of "sellers".
(3) By carrying out the ordering process in the online shop of the "Seller", the customer submits an offer to the "seller". The offer goes to "Seller" by electronic transmission of the order in the online shop by a confirmed sending of the order. When ordering by telephone, the offer approaches the "seller" directly. Subject to a revocation, the customer is tied to the offer after access for 10 days; During this time, "seller" can accept the offer.
(4) After receipt of the offer, access is confirmed electronically by email by "seller". This confirmation does not constitute acceptance of the offer. An acceptance of an offer by "seller" is done either by sending and delivering the goods to the customer or by expressly in writing or in electronic form to the customer.
(5) Dimensions, weights, content or quality information and other performance data that can be viewed on the "seller" website does not represent a quality or durability guarantee within the meaning of Section 443 of the German Civil Code.
§ 2 withdrawal by "seller" in the event of non -availability of the goods
(1) "Seller" reserves the right to declare a resignation from the concluded contract in the event of a non-supplementary delivery of a supplier. In this case, "seller" will inform the customer immediately after their knowledge of the non -availability of the goods and immediately refund a consideration already received to the customer.
(2) The same right is entitled to "seller" in the event of non -availability of the goods due to force majeure.
§ 3 Delivery conditions
(1) All goods that are immediately available from "Seller" are usually brought to the shipping route within 24 hours after the contract is concluded/ receipt of payment. When shipping by "seller", the choice of the means of transport and the transport route "seller" is left.
(2) If customers are not fully provided for the delivery of the goods or the lack of documents that are necessary to carry out the contract, "seller" only needs to provide with the receipt of all the necessary data.
(3) Delivery delays that "seller" is not responsible and which occur through legal or official orders extend the delivery time for the duration of the respective delivery delay. The customer is taught by "seller" about the admission and the promise end of the delay.
(4) The customer has to obtain any necessary permits to send the goods abroad in his name and at his expense.
§ 4 transfer of danger
(1) If the customer is a consumer, the transfer of danger takes place by handing over the goods to the customer.
(2) If the customer is an entrepreneur and if it is a shipping purchase, the risk of the entrepreneur is transferred to the company to be delivered to the dispatch of the shipment.
(3) If the customer is a consumer, if the "seller" was handed over, the customer must examine the outer packaging for obvious defects and to complain about the resulting defects of the goods to "sellers" within two weeks. Otherwise, "seller" can reject warranty claims for faithful behavior. In the event of obvious transport damage, the customer undertakes to keep the packaging.
§ 5 payment terms
(1) The purchase price is determined by the price specified in the online shop. This price of the respective goods in the online shop, including the statutory VAT, understand each other. In addition, unless expressly stated, there are no flat -rate costs for packaging and shipping.
(2) The purchase price is due immediately after the contract with the contract. In the case of the selected payment method "prepayment", the customer is obliged to write this amount within 7 working days, which is written on the account specified in the order confirmation. For timely payment, the booking of the credit on the "seller" account is. After this payment period, the customer is in arrears, unless the customer is not responsible for the delay. In the event of delay, the customer will be charged from the due date without a special reminder of 5 percentage points above the respective base rate. For entrepreneurs, the default interest rate is 8 percentage points above the base rate.
(3) After the "seller" in an electronic or text form, this is entitled to withdraw from the contract. Claims for damages remain unaffected.
(4) If the customer is an entrepreneur, this can only be asserted if the rights are based on the same contractual relationship, it was legally established or recognized by "seller".
§ 6 Reference to Reference
(1) Until the complete fulfillment of all claims from the contractual relationship, including all additional costs, "seller" reserves the ownership of the goods. If the customer of "Seller" is in default, "Seller" is entitled to request the goods out of the legal regulations without further deadline
(2) Regardless of the retention of title, the customer is granted the right to resell the goods supplied by "seller" as part of a proper business transactions. In this case, the property of the "seller" expires, and at the same time the customer will submit his claim against the third party in the amount of the "seller" claim to the customer, unless the third and the customer rule out a assignment. In this case, the customer is subject to the "seller".
(3) "Seller" authorizes the customer in the event of a resale to the confiscation of the claim assigned to "seller" in their own name and on their own account. "Seller" is then entitled to assert this claim to the customer.
(4) Processing the goods by the customer is carried out for "seller". If the goods are connected to objects that do not belong to the "seller", "seller" acquires co -ownership of the newly manufactured item in the ratio of the value of the goods acquired by "seller" and the other items at the time of the connection.
(5) The right to resale does not apply if the customer is admitted to payment. The customer may neither plain the goods subject to retention of title or assigned claims subject to paragraphs 1 to 4 nor use it to a third party for securing or with other third party rights.
§ 7 withdrawal and return rights for consumers
Right of withdrawal
You can also revoke your contract declaration within 14 days in text form (e.g. letter, fax, email) or-if the matter is given to you before the deadline-also revoke the matter. The deadline begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with Section 1 (1) and 2 EGBGB and our obligations in accordance with Section 312g (1 sentence 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. In order to protect the cancellation period, the timely sending of the revocation or the matter is sufficient. The revocation must be directed to:
Tel GmbH
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Phone:
+49 (0) 21 75 - 981 95
Fax:
+49 (0) 21 75 - 88 23 66
E-mail:
info@tel-gmbh.com
Revocation consequences:
In the event of an effective revocation, the services received on both sides must be returned and, if necessary, drawn uses (e.g. interest). If you cannot return to us the received performance and use (e.g. use advantages) or sometimes not or only in a deteriorated state, you must provide us with value replacement. For the deterioration of the item and for drawn uses, you only have to do value replacement if the uses or the deterioration is due to a handling of the matter that goes beyond checking the properties and functionality. “Checking the properties and functionality” is the testing and trying out of the respective goods, as is possible and common in the retail store. Package -shipping things are to be returned to our danger. You have to bear the regular costs of the return if the goods delivered corresponds to the ordered goods and if the price of the item to be returned does not exceed an amount of 50 euros or if you are not picked up at the time of revocation or a contractually agreed partial payment. Obligations to reimburse payments must be met within 30 days. The deadline begins for you with the sending of your declaration of cancellation or the matter for us, for us with their reception.
End of the cancellation policy.
§ 8 Cost application agreement deviating from the legal regulation
If the customer makes use of his right of withdrawal, he has to bear the regular costs of the return from the legal regulation if the delivered goods corresponds to the ordered and if the price of the item to be returned does not exceed 50 euros or if the customer has not yet provided the consideration or a contractually agreed partial payment at a higher price of the item. Otherwise, the return is free of charge for the customer.
§ 9 Warranty conditions
(1) The customer of "seller" is entitled to the legal warranty claims and in accordance with subsequent regulations. If the customer is a consumer, in the event of delivery of defective new goods, he has the right to request subsequent performance after his choice by delivery of deficiency -free goods or improvement. For used goods, the customer is entitled to the warranty law for a period of one year. If the type of supplementary performance chosen by the customer is associated with disproportionate costs, "seller" is entitled to refuse the selected type of supplementary performance. In this case, the buyer's claim is limited to the other type of supplementary performance.
(2) If the customer is an entrepreneur, "Seller" makes the choice whether a supplementary performance is carried out by replacement delivery or rectification. In addition, the warranty is limited to a period of 12 months from delivery. The entrepreneur is obliged to check the goods in accordance with § 377 HGB and has obvious defects immediately after receipt of the goods of the SH. In order to protect this period, the display of the advertisement is sufficient. Otherwise, the warranty rights are excluded. Compared to entrepreneurs, the warranty rights for used goods are excluded.
(3) In the event of a replacement delivery as part of the warrant, the warranty periods do not start again without prejudice to § 203 BGB.
(4) After a second failed attempt to fill up with "seller", the customer is entitled to withdraw from the concluded contract.
§ 10 liability
(1) "Seller" is liable in cases of intent or gross negligence according to the legal provisions. The SH is liable because of the violation of life, body or health, or because of the culpable violation of essential contractual obligations. However, the claim for damages for the violation of essential contractual obligations is limited to the contractual, predictable damage, unless there is a case of mandatory liability according to the above sentences.
(2) The above regulation of Section 9 (1) does not apply to liability according to §§ 1,4 of the Product Liability Act.
(3) The regulations of the above paragraphs apply to all claims for damages, regardless of the legal reason, in particular due to defects, the violation of obligations from this contractual relationship or from unauthorized action. They also apply to the replacement of unsuccessful expenses. "Seller" is liable for their vicarious agents in accordance with the legal regulations.
(4) For other damage in the event of a breach of duty that does not affect the essential contractual obligations, "seller" is only liable for gross fault for themselves and their vicarious agents, unless this endangers the achievement of the contractual purpose. In this case, only the liability of the "seller" for himself and vicarious agents for simple negligence is excluded.
(5) "Seller" with the delivery in default, the damage that has occurred is limited to the foreseeable damage in the event of a slight negligence and is a maximum of 10 % of the purchase price. Further claims for damages remain unaffected, which are based on intent or gross negligence.
(6) Any further claim for compensation is hereby expressly excluded.
§ 11 Provider labeling:
Tel GmbH
(Below the seller mentioned)
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Telephone: +49 (0) 21 75 - 981 95
Fax: +49 (0) 21 75 - 88 23 66
Email: info@tel-gmbh.com
§ 12 place of performance / place of jurisdiction
(1) The place of performance and payment is the seat of the "seller". The right of the Federal Republic of Germany is applicable. The application of the UN sales law is excluded.
(2) If the customer is an entrepreneur within the meaning of Section 38 (1) ZPO, i.e. merchant, legal entity under public law or a special fund under public law, the seat of the "seller" is agreed as the place of jurisdiction.
(3) In business transactions with consumers within the European Union, the right to residence of the consumer can also be applicable, provided that it is mandatory.
§ 13 data protection clause
The customer is known and he agrees that "seller" stores the data necessary to handle the concluded contract. "Seller" does not transmit the stored data to third parties, unless this is necessary to send the goods or for billing purposes. The customer can request the stored data at any time.
§ 14 final provisions
(1) In the event of ineffectiveness of individual provisions of these general terms, this does not affect the effectiveness of the other provisions.
(2) An agreement deviating from these general terms and conditions requires the written form. This also applies to the agreement on the change in terms of terms and conditions itself.
(Below the seller mentioned)
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Phone:
+49 (0) 21 75 - 981 95
Fax:
+49 (0) 21 75 - 88 23 66
E-mail:
info@tel-gmbh.com
Terms and conditions
General terms and conditions of business:
§ 1 General / Contract conclusion
$ 2 resignation from "seller" in the event of the non -availability of the goods
§ 3 Delivery conditions
§ 4 transfer of danger
§ 5 payment terms
§ 6 Reference to Reference
§ 7 withdrawal and return rights for consumers
§ 8 Cost application agreement deviating from the legal regulation
§ 9 Warranty conditions
§ 10 liability
§ 11 Provider marking
§ 12 place of performance / place of jurisdiction
§ 13 data protection clause
§ 14 final provisions
§ 1 General / Contract conclusion
(1) For the contracts concluded between "seller" and their customers, only subsequent terms and conditions apply. A contract between "seller" and the customer is concluded through the offer and acceptance.
(2) The setting of the goods in the online shop by "seller" is not an offer, but is only to be understood as a request to submit an offer by the customers of "sellers".
(3) By carrying out the ordering process in the online shop of the "Seller", the customer submits an offer to the "seller". The offer goes to "Seller" by electronic transmission of the order in the online shop by a confirmed sending of the order. When ordering by telephone, the offer approaches the "seller" directly. Subject to a revocation, the customer is tied to the offer after access for 10 days; During this time, "seller" can accept the offer.
(4) After receipt of the offer, access is confirmed electronically by email by "seller". This confirmation does not constitute acceptance of the offer. An acceptance of an offer by "seller" is done either by sending and delivering the goods to the customer or by expressly in writing or in electronic form to the customer.
(5) Dimensions, weights, content or quality information and other performance data that can be viewed on the "seller" website does not represent a quality or durability guarantee within the meaning of Section 443 of the German Civil Code.
§ 2 withdrawal by "seller" in the event of non -availability of the goods
(1) "Seller" reserves the right to declare a resignation from the concluded contract in the event of a non-supplementary delivery of a supplier. In this case, "seller" will inform the customer immediately after their knowledge of the non -availability of the goods and immediately refund a consideration already received to the customer.
(2) The same right is entitled to "seller" in the event of non -availability of the goods due to force majeure.
§ 3 Delivery conditions
(1) All goods that are immediately available from "Seller" are usually brought to the shipping route within 24 hours after the contract is concluded/ receipt of payment. When shipping by "seller", the choice of the means of transport and the transport route "seller" is left.
(2) If customers are not fully provided for the delivery of the goods or the lack of documents that are necessary to carry out the contract, "seller" only needs to provide with the receipt of all the necessary data.
(3) Delivery delays that "seller" is not responsible and which occur through legal or official orders extend the delivery time for the duration of the respective delivery delay. The customer is taught by "seller" about the admission and the promise end of the delay.
(4) The customer has to obtain any necessary permits to send the goods abroad in his name and at his expense.
§ 4 transfer of danger
(1) If the customer is a consumer, the transfer of danger takes place by handing over the goods to the customer.
(2) If the customer is an entrepreneur and if it is a shipping purchase, the risk of the entrepreneur is transferred to the company to be delivered to the dispatch of the shipment.
(3) If the customer is a consumer, if the "seller" was handed over, the customer must examine the outer packaging for obvious defects and to complain about the resulting defects of the goods to "sellers" within two weeks. Otherwise, "seller" can reject warranty claims for faithful behavior. In the event of obvious transport damage, the customer undertakes to keep the packaging.
§ 5 payment terms
(1) The purchase price is determined by the price specified in the online shop. This price of the respective goods in the online shop, including the statutory VAT, understand each other. In addition, unless expressly stated, there are no flat -rate costs for packaging and shipping.
(2) The purchase price is due immediately after the contract with the contract. In the case of the selected payment method "prepayment", the customer is obliged to write this amount within 7 working days, which is written on the account specified in the order confirmation. For timely payment, the booking of the credit on the "seller" account is. After this payment period, the customer is in arrears, unless the customer is not responsible for the delay. In the event of delay, the customer will be charged from the due date without a special reminder of 5 percentage points above the respective base rate. For entrepreneurs, the default interest rate is 8 percentage points above the base rate.
(3) After the "seller" in an electronic or text form, this is entitled to withdraw from the contract. Claims for damages remain unaffected.
(4) If the customer is an entrepreneur, this can only be asserted if the rights are based on the same contractual relationship, it was legally established or recognized by "seller".
§ 6 Reference to Reference
(1) Until the complete fulfillment of all claims from the contractual relationship, including all additional costs, "seller" reserves the ownership of the goods. If the customer of "Seller" is in default, "Seller" is entitled to request the goods out of the legal regulations without further deadline
(2) Regardless of the retention of title, the customer is granted the right to resell the goods supplied by "seller" as part of a proper business transactions. In this case, the property of the "seller" expires, and at the same time the customer will submit his claim against the third party in the amount of the "seller" claim to the customer, unless the third and the customer rule out a assignment. In this case, the customer is subject to the "seller".
(3) "Seller" authorizes the customer in the event of a resale to the confiscation of the claim assigned to "seller" in their own name and on their own account. "Seller" is then entitled to assert this claim to the customer.
(4) Processing the goods by the customer is carried out for "seller". If the goods are connected to objects that do not belong to the "seller", "seller" acquires co -ownership of the newly manufactured item in the ratio of the value of the goods acquired by "seller" and the other items at the time of the connection.
(5) The right to resale does not apply if the customer is admitted to payment. The customer may neither plain the goods subject to retention of title or assigned claims subject to paragraphs 1 to 4 nor use it to a third party for securing or with other third party rights.
§ 7 withdrawal and return rights for consumers
Right of withdrawal
You can also revoke your contract declaration within 14 days in text form (e.g. letter, fax, email) or-if the matter is given to you before the deadline-also revoke the matter. The deadline begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with Section 1 (1) and 2 EGBGB and our obligations in accordance with Section 312g (1 sentence 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. In order to protect the cancellation period, the timely sending of the revocation or the matter is sufficient. The revocation must be directed to:
Tel GmbH
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Phone:
+49 (0) 21 75 - 981 95
Fax:
+49 (0) 21 75 - 88 23 66
E-mail:
info@tel-gmbh.com
Revocation consequences:
In the event of an effective revocation, the services received on both sides must be returned and, if necessary, drawn uses (e.g. interest). If you cannot return to us the received performance and use (e.g. use advantages) or sometimes not or only in a deteriorated state, you must provide us with value replacement. For the deterioration of the item and for drawn uses, you only have to do value replacement if the uses or the deterioration is due to a handling of the matter that goes beyond checking the properties and functionality. “Checking the properties and functionality” is the testing and trying out of the respective goods, as is possible and common in the retail store. Package -shipping things are to be returned to our danger. You have to bear the regular costs of the return if the goods delivered corresponds to the ordered goods and if the price of the item to be returned does not exceed an amount of 50 euros or if you are not picked up at the time of revocation or a contractually agreed partial payment. Obligations to reimburse payments must be met within 30 days. The deadline begins for you with the sending of your declaration of cancellation or the matter for us, for us with their reception.
End of the cancellation policy.
§ 8 Cost application agreement deviating from the legal regulation
If the customer makes use of his right of withdrawal, he has to bear the regular costs of the return from the legal regulation if the delivered goods corresponds to the ordered and if the price of the item to be returned does not exceed 50 euros or if the customer has not yet provided the consideration or a contractually agreed partial payment at a higher price of the item. Otherwise, the return is free of charge for the customer.
§ 9 Warranty conditions
(1) The customer of "seller" is entitled to the legal warranty claims and in accordance with subsequent regulations. If the customer is a consumer, in the event of delivery of defective new goods, he has the right to request subsequent performance after his choice by delivery of deficiency -free goods or improvement. For used goods, the customer is entitled to the warranty law for a period of one year. If the type of supplementary performance chosen by the customer is associated with disproportionate costs, "seller" is entitled to refuse the selected type of supplementary performance. In this case, the buyer's claim is limited to the other type of supplementary performance.
(2) If the customer is an entrepreneur, "Seller" makes the choice whether a supplementary performance is carried out by replacement delivery or rectification. In addition, the warranty is limited to a period of 12 months from delivery. The entrepreneur is obliged to check the goods in accordance with § 377 HGB and has obvious defects immediately after receipt of the goods of the SH. In order to protect this period, the display of the advertisement is sufficient. Otherwise, the warranty rights are excluded. Compared to entrepreneurs, the warranty rights for used goods are excluded.
(3) In the event of a replacement delivery as part of the warrant, the warranty periods do not start again without prejudice to § 203 BGB.
(4) After a second failed attempt to fill up with "seller", the customer is entitled to withdraw from the concluded contract.
§ 10 liability
(1) "Seller" is liable in cases of intent or gross negligence according to the legal provisions. The SH is liable because of the violation of life, body or health, or because of the culpable violation of essential contractual obligations. However, the claim for damages for the violation of essential contractual obligations is limited to the contractual, predictable damage, unless there is a case of mandatory liability according to the above sentences.
(2) The above regulation of Section 9 (1) does not apply to liability according to §§ 1,4 of the Product Liability Act.
(3) The regulations of the above paragraphs apply to all claims for damages, regardless of the legal reason, in particular due to defects, the violation of obligations from this contractual relationship or from unauthorized action. They also apply to the replacement of unsuccessful expenses. "Seller" is liable for their vicarious agents in accordance with the legal regulations.
(4) For other damage in the event of a breach of duty that does not affect the essential contractual obligations, "seller" is only liable for gross fault for themselves and their vicarious agents, unless this endangers the achievement of the contractual purpose. In this case, only the liability of the "seller" for himself and vicarious agents for simple negligence is excluded.
(5) "Seller" with the delivery in default, the damage that has occurred is limited to the foreseeable damage in the event of a slight negligence and is a maximum of 10 % of the purchase price. Further claims for damages remain unaffected, which are based on intent or gross negligence.
(6) Any further claim for compensation is hereby expressly excluded.
§ 11 Provider labeling:
Tel GmbH
(Below the seller mentioned)
Moltkestrasse 25
D - 42799 Leichlingen / NRW
Contact:
Telephone: +49 (0) 21 75 - 981 95
Fax: +49 (0) 21 75 - 88 23 66
Email: info@tel-gmbh.com
§ 12 place of performance / place of jurisdiction
(1) The place of performance and payment is the seat of the "seller". The right of the Federal Republic of Germany is applicable. The application of the UN sales law is excluded.
(2) If the customer is an entrepreneur within the meaning of Section 38 (1) ZPO, i.e. merchant, legal entity under public law or a special fund under public law, the seat of the "seller" is agreed as the place of jurisdiction.
(3) In business transactions with consumers within the European Union, the right to residence of the consumer can also be applicable, provided that it is mandatory.
§ 13 data protection clause
The customer is known and he agrees that "seller" stores the data necessary to handle the concluded contract. "Seller" does not transmit the stored data to third parties, unless this is necessary to send the goods or for billing purposes. The customer can request the stored data at any time.
§ 14 final provisions
(1) In the event of ineffectiveness of individual provisions of these general terms, this does not affect the effectiveness of the other provisions.
(2) An agreement deviating from these general terms and conditions requires the written form. This also applies to the agreement on the change in terms of terms and conditions itself.