Conditions of Use
Terms of TC Trading Berlin
1 Scope
1.1 These terms and conditions apply to all orders of the customers TC Trading Berlin, Kleinaustraße 27, D-14169 Berlin (hereinafter "TC Trading"), and for orders via email / fax and telephone. They govern the conclusion of the contract between a customer and TC Trading, the settlement of concluded contracts and the mutual rights and obligations.
1.2 The relationship betweenTC Trading and the customer, the following general terms and conditions apply and valid at the time of the order. Different terms are not recognized by TC Trading, unless TC Trading has expressly agreed to their validity.
2 Contract
2.1 Conclusion For telephone orders, fax or mail orders
2.1.1 The presentation of the goods in our website is not a binding offer to the customer, but merely an online prospectus dar.
2.1.2 The telephone order by the customer constitutes a binding offer by the Customer to TC trading dar. to conclude a purchase contract for the goods ordered
2.1.3 A contract is only concluded when TC Trading accepts the customer's order.
This is not done through the receipt of the order by telephone operators of TC Trading , the messengers are receiving only and may not give legal declarations TC Trading. The acceptance of the order is confirmed by the delivery to the customer by e-mail (shipping confirmation)
is or delivery of the goods to the customer. About ordered items from the same order, which are not included in the shipping confirmation, no purchase contract is concluded, the same is not true with regard to the delivery of goods contained, if not previously shipping confirmation was sent and the contract of sale so with the delivery of goods to the customer comes about. For collection (Section 5.1), the customer will receive a separate communication by e-mail or telephone that the goods ordered is ready for pickup. The purchase comes with sending this e-mail or the telephone message. About ordered items from the same order that are not listed in the e-mail and will not be shown in the telephone message, not a contract of sale is concluded. If the goods are not picked up within one week of receipt of notification that the goods are ready for collection is, Flexx Trading GmbH is entitled to withdraw from the contract. If TC Trading makes use of this right, TC Trading will notify the customer immediately by e-mail or in writing, any payments made by the customer this will also be refunded immediately.
2.1.4 If TC Trading does not accept the order from a customer, they will inform the customer without delay.
3 Right of cancellation for consumers Kostentragungsvereinbarung
If the user is a consumer, he is entitled to the following right. A user is a consumer, if the transaction in question (eg ordering the goods from the cart) is for a purpose that can neither be attributed to its commercial nor its independent vocational activity (§ 13 BGB).
3.1 Withdrawal
You can without giving reasons in writing (eg letter, fax, email) or your contract within 14 days - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our
Obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
Bretschneider Berlin
TC Trading
Kleinaustr. 27
14169 Berlin
info@tc-trading-berlin.de
Fax: 030/32514479
3.2 Consequences
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (eg interest) surrendered.
Can you give us the performance received whole or in part, or only return them in a deteriorated condition, you will be obliged to make ggf.Wertersatz.
With the release of things this does not apply if the deterioration is exclusively due to their inspection - it - as they would have you in a retail store. Moreover, they can avoid the obligation to pay compensation for a purpose by putting the goods caused by not using the goods as your property and refraining from anything that could reduce its value. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price returned the case of an amount not exceeding 40 euros or if you are not at a higher price the thing at the time of the revocation yet the return
have been rendered or a contractually agreed part payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled innerhalbvon 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of the cancellation.
3.3 Costs in the event of cancellation
Exercise your right to cancel, you have to pay the regular costs of the return if the delivered goods correspond to the ordered and if the price returned does not exceed an amount of € 40.00, or if you are on at a higher price the thing time of withdrawal have not yet paid the consideration or a contractually agreed part payment. Otherwise the return is free for you.
4 Terms of payment
4.1 The payment by the customer, by cash on delivery, cash on
Pickup at our stores or through PayPal occur.
Advance payment:
Advance payments made by bank transfer. When ordering in advance you will receive a message with our bank details and your order number assigned upon completion of the order on the screen.
This order number, please indicate with your first and last names as the reason of the transfer. The same information is provided once again with the automated order confirmation. Please note that depending on the day and speed of each bank, a receipt may take 1 to 5 days. Your order can only be processed after payment has been received.
Cash payment:
For COD payments we charge a handling fee of € 15,00 Cash payments made in cash to the courier package. (Please make sure willing to put the exact amount as possible, because the mailman often have no change!) Please note that GLS, DHL and UPS in addition to the shipping costs and we have calculated delivery fee again COD charge per package rise, which is not shown on the invoice provided by us to you.
4.2 off rights to the customer only if its counterclaims have been legally established or undisputed or recognized by us. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same rechtlic s ratio.
4.3 Please note when ordering from Switzerland and other countries, which
Raise import duty that TC Trading has no influence on the amount of customs duties or taxes payable in your country. In this case, please inform yourself about the costs you incur an order, which are only levied on the importation of goods to your country.
5 Supply
5.1 The delivery of the consignment from the warehouse to the delivery address given by the customer or by collection by the customer at our shop (Free).
For shipping delivery to its customers the following Clauses apply. 5.2 to 5.5.
5.2 If TC Trading accepts the customer's order, the delivery of the goods is initiated immediately after receipt of order.
5.3 delivery for payment in advance: For orders to advance the delivered only after full receipt of money at TC Trading In case of advance orders TC Trading assumes no reservation of goods ordered until payment is received for the customers. Should there be in this context to delays in delivery, eg because the ordered goods are sold off between time and must be ordered new,TC Trading will inform the customer immediately about this.
5.4 If TC Trading is unable without their own to deliver the goods ordered, because the supplier of TC Trading does not fulfill its contractual obligations, TC Trading, the customer is entitled to cancel the contract. This Rechtzum resignation, however, only if TC Trading has concluded with the suppliers concerned a congruent hedging transaction (mandatory, timely and sufficient ordering of goods) and the non-delivery of the goods is not responsible in any way of TC Trading. In the event of such a withdrawal, the customer will be informed immediately that the ordered product is not available. Already paid by the customer will be refunded immediately.
5.5 If TC Trading relate to the fulfillment of delivery obligations due to unforeseen events, the TC Trading or its suppliers, and is prevented TC Trading, this could not be avoided even with reasonable care under the circumstances, eg acts of God, war, natural disasters, the delivery period shall be extended by the duration of the hindrance plus a reasonable start-up time.
TC Trading will inform the customer immediately of the occurrence of such events in knowledge. The statutory rights of the customer remain unaffected.
6 Damage
6.1 If delivery is made to the delivery address given by the customer,TC Trading on this a freight company (eg UPS or GLS) a. The risk that the goods goes down or is damaged during shipping, contributes to the law in relation to client TC Trading, unless a customer is not in default of acceptance.
6.2 This TC Trading can secure any claims due to damage to the transport company, visible transport damage on delivery of the order to be displayed to the mailman, not outwardly visible signs of damage to the transportation company from us within 7 days after delivery by the shipping company by the customer indicated be, as it is otherwise suspected at the expense of TC Trading that the order was delivered without damage. TC Trading is therefore dependent on your support in this regard.
Visible transport damage: Basically, there is no obligation for you to open the package upon delivery and to inspect for damage.
If transportation is reasonably likely damage however, such because the package visible from the outside badly damaged, compressed, or is torn because of the content in the clink for fragile goods "Schüttelprobe", you have to open the package in the presence of the mailman and to examine whether the content is corrupted.
This obligation, however, is limited to only the examination of the goods without any visible transport damage, eg on whether the product is broken or deformed, or if goods rattle when shaken with housing. If a shipping damage is found during this test, this is reported to the mailman and to be confirmed by the mailman. The parcel carrier is obligated to do so. Please keep the goods then - if still possible - in the original packaging and do not use them.
Please inform us immediately by telephone at 030/32514478 or by e-mail at info@tc-trading-berlin.de of the damage so we can take care of the settlement.
Not externally visible transport damage: In order to preserve our rights against the shipping company, please unpack the goods delivered no later than 4 days after delivery. Ask for proof unpacking that the delivered goods are damaged, keep the goods if - if still possible - in the original packaging and do not use them. Please inform us immediately by telephone at 030 / 32514478 of the email below info@flexx-trading.de of the damage so we can take care of the settlement.
Your warranty claims because of possible damage are not affected by the above rules, of course.
7 Retention of title
The delivered goods until full payment of the property of TC Trading
8 Warranty
8.1 All images that are used for the online product presentation TC Trading, are only sample photos. Do not place the product in any particular case true, but for illustration purposes only, especially in colors, there may be variations due to different display on different screens. Whichever is the description of the item.
8.2 No warranty is given for damage caused by improper or inappropriate use, incorrect setup or assembly, normal wear and tear, careless or improper use, failure to follow the maintenance and operating instructions and improper repairs or modifications made by the customer or third parties.
8.3 Warranty for entrepreneurs: If the customer is a company within the meaning of § 14 German Civil Code shall apply to the warranty claims of customers continue following as agreed (entrepreneur is a natural or legal person or a legal partnership at the close of order in their commercial
or independent professional activity):
8.3.1 Unless TC Trading has to make subsequent performance due to a defect guarantee, is the choice of whether the fulfillment is performed by repair or replacement of a defective item, at TC Trading
8.3.2 Obvious defects must be displayed againstTC Trading immediately in writing within 14 calendar days after delivery of the goods, are also hidden defects immediately, within 14 calendar days after they are notified in writing.
If the defect is not timely, the warranty rights of the customer are not related to the time indicated lack excluded. However, this does not apply if the defect maliciously TC Trading has concealed and / or provided a corresponding guarantee,
8.3.3 warranty claims of the customer shall expire within one year after delivery of the goods to the customer.
9 Liability
9.1 The installation of the products sold by TC Trading products must be professionally, best carried out by a specialist workshop. TC Trading explicitly states that the installation and the installation of the purchased objects invalidate the general operational approval (ABE) or admission for the converted vehicle can carry. It is solely the customer's responsibility to make an effort to immediately necessary, ABE, approval or review. Without ABE homologation or approval by vehicle may not be implemented and used in the scope of traffic regulations.
TC Trading is fully liable according to the legal provisions for damages of the contractor, which are caused by intentional or grossly negligent conduct of TC Trading or its vicarious agents as well as for personal injury and damages under the Product Liability Act.
Whatever legal reason - - 9.3 The liability of TC Trading for damages is limited to the following provisions, unless the result of an inherited from TC Trading provides otherwise:
• For damages caused by carelessness TC Trading is liable only limited to the typically foreseeable damage.
• the liability of TC Trading to the typically foreseeable damage, but not exceeding 5% of the agreed total price in the contract concerned is limited for delay damages caused by slight negligence.
9.4 The provisions of the preceding paragraph shall apply mutatis mutandis to the limitation of liability for compensation for futile expenses (§ 284 BGB).
9.5 The above limitations of liability shall also apply in favor of agents of TC Trading
9.6 For conversion complaints initially a subsequent delivery after payment. After the return of the damaged part by the customer, the converter is tested. Should a defect be detected is referred back to the subsequent delivery bill.
10th Audit requirement of the customer
Despite all the care possible care in the processing of orders and delivery to the customer TC TRading, may in some cases be incorrect deliveries. Before installing a purchased item or its adaptation or transformation (eg paint), the customer therefore the goods - if possible - to compare to view the original, which will be replaced by the new thing. If no original to be replaced, the customer has to make a visual inspection to determine whether the goods are fit for the intended use. If the delivered goods visibly different in size, in the shape or material of the original or will not fit, the customer has to further clarify to contact TC Trading, before making the installation or adaptation or transformation of the goods. The warranty claims of the customer are not affected by the above provisions.
11th Privacy Policy
Necessary for the conduct of business and customer data are stored in the order process, if necessary, to service partners, such as the delivery company passed. Of course, all information is kept strictly confidential and takes into account the legitimate interests of the client in accordance with the legal requirements.
12th Applicable law and jurisdiction
12.1 Only German law under exclusion of the CISG, even if the buyer has his place of residence or headquarters abroad.
12.2 For all present and future claims arising from the business relationship with merchants, legal persons under public law or public law special funds exclusive jurisdiction of the headquarters of Flexx Trading GmbH The same place of jurisdiction applies if the customer has no general jurisdiction in Germany
has moved to his domicile or habitual residence abroad or if his residence or habitual residence at the time the action is not known.