General Terms and Conditions (T&C)

1. Scope

1.1. These General Terms and Conditions apply to all orders placed through our online shop by consumers and traders.
1.2. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3. A trader is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.
1.4. The following applies in relation to traders: Conflicting or supplementary general terms and conditions of the trader shall only become part of the contract if we have expressly agreed to their application in text form.

2. Contracting party, subject matter of the contract, conclusion of contract

2.1. The purchase contract is concluded with TILL TOOLS GmbH.
2.2. The subject matter of the contract is the sale of goods.
2.3. The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
2.4. By clicking the order button, you place a binding order for the goods contained in the shopping basket.
2.5. After receipt of the order, you will receive an automatic confirmation from us by email, in which your order is listed once again. This automatic confirmation merely documents that your order has been received by us and does not yet constitute acceptance of your offer.
2.6. The contract is only concluded once we accept your offer by means of an express order confirmation in text form or dispatch the goods.
2.7. In our online shop, the payment methods displayed in the respective order process are generally available to you. There is no entitlement to use a particular payment method. We reserve the right not to offer individual payment methods in certain cases or to refer to alternative payment methods.
2.8. If the customer selects the payment method "invoice", there is no entitlement to the approval of this payment method. The payment method "invoice" is offered exclusively to traders and is subject to the successful verification of the company data, creditworthiness as well as the order and default risk.
2.9. If we do not approve the payment method "invoice" chosen by the customer, we are entitled to offer the customer a different payment method instead, in particular payment in advance. In this case, the contract is only concluded once the customer accepts the amended payment offer, in particular by paying the invoice amount notified, or once we dispatch the goods.
2.10. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email. The customer must ensure that the email address provided by them is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

3. Contract language

3.1. The contract language is German.

4. Prices and shipping costs

4.1. All prices stated in the online shop are total prices and include statutory VAT, where applicable.
4.2. In addition to the prices stated, shipping costs may apply. The shipping costs are shown separately during the order process.
4.3. Any costs incurred for the transfer of money, in particular transfer or exchange rate fees charged by credit institutions, shall be borne by the customer if payment is initiated from outside the European Union.

5. Payment terms

5.1. Unless otherwise stated for the individual payment methods, the purchase price is due for payment immediately.
5.2. If you select the payment method "payment in advance", we will provide you with our bank details in a separate email. Delivery will be made after receipt of payment.
5.3. Within the framework of PayPal Checkout and other integrated payment services, we may offer the customer various payment methods. The payment methods respectively available are displayed during the order process. The contractual and usage terms of the respective payment service provider may additionally apply to the processing of payments.
5.4. The payment method "invoice" is offered exclusively to traders. We reserve the right to make the approval of this payment method in individual cases conditional upon verification of the company data, creditworthiness as well as the order and default risk. There is no entitlement to purchase on invoice.
5.5. If the payment method "invoice" is not approved, we will inform the customer separately and, where applicable, offer them an alternative payment method, in particular payment in advance.
5.6. If the payment method "invoice" is approved, the invoice amount is due for payment within 14 days of receipt of the goods and the invoice, without deduction.
5.7. In relation to traders, the statutory provisions apply in the event of default. We reserve the right to assert further statutory claims.

6. Delivery terms

6.1. Delivery is made exclusively by dispatch. Collection in person is not possible.
6.2. Delivery periods and any delivery restrictions are stated in the online shop or in the respective offer.
6.3. If not all ordered products are in stock, we are entitled to make partial deliveries, to the extent that this is reasonable for the customer.
6.4. If an ordered product is permanently unavailable, we shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded. Any considerations already rendered shall be refunded without delay.
6.5. The following applies to consumers: The risk of accidental loss and accidental deterioration of the goods shall not pass to the consumer until the goods have been handed over to the consumer or to a person authorised to receive them. This does not apply if the consumer has themselves commissioned a carrier not designated by us.
6.6. The following applies in relation to traders: The risk of accidental loss and accidental deterioration passes to the trader upon handover of the goods to the transport company.

7. Right of withdrawal

7.1. Consumers are entitled to the statutory right of withdrawal. Details can be found in our separate withdrawal instructions.

8. Retention of title

8.1. The goods remain our property until payment has been made in full.
8.2. In relation to traders, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
8.3. The trader is entitled to resell the goods subject to retention of title in the ordinary course of business. They hereby assign to us all claims in the amount of the invoice amount that accrue to them from the resale against third parties. We accept the assignment. Following the assignment, the trader remains authorised to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the trader fails to duly fulfil their payment obligations.

9. Transport damage

9.1. The following applies to consumers: If goods are delivered with obvious transport damage, we ask that you please report such damage to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no effect on your statutory rights and their enforcement, in particular on your statutory warranty rights.
9.2. The following applies in relation to traders: The duty of inspection and notification pursuant to Section 377 of the German Commercial Code (HGB) remains unaffected.

10. Statutory warranty

10.1. The statutory rights relating to defects apply to consumers.
10.2. The following applies in relation to traders by way of derogation:
a) Only our own information and the manufacturer's product description shall be deemed to be the agreed quality of the goods, but not other public statements, commendations or advertising.
b) In the event of defects, we shall, at our discretion, provide a remedy by way of rectification or replacement delivery.
c) Should subsequent performance fail, the trader may, at their discretion, demand a reduction in price or withdraw from the contract.
d) The limitation period for claims based on defects is one year from delivery of the goods. Exempt from this are claims for damages arising from injury to life, body or health as well as claims based on intentional or grossly negligent breach of duty, fraudulent concealment, the assumption of a guarantee as well as statutory claims for recourse.

11. Liability

11.1. We have unlimited liability in cases of intent and gross negligence, in the event of culpable injury to life, body or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz) as well as to the extent of any guarantee we have assumed.
11.2. In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the contractually typical, foreseeable damage. Material contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract in the first place and on whose compliance the customer may regularly rely.
11.3. In all other respects, liability for damage caused by slight negligence is excluded.
11.4. The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

12. Dispute resolution

12.1. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions

13.1. In relation to traders, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2. If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office.
13.3. In relation to consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.