General terms and conditions with customer information
Table of Contents
scope of application
conclusion of contract
right of revocation
Prices and terms of payment
Shipping & Returns
reservation of proprietary rights
Liability for defects (warranty)
Special conditions for the processing of goods according to specific specifications of the customer
Special conditions for repair services
Redemption of promotion vouchers
Redeeming gift vouchers
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of thicon e.K. (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the goods displayed by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
2.3 The Seller may 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 the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive in this respect, or
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. In addition, the contract text is archived on the website of the seller and can be called up free of charge by the customer via his password-protected customer account stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before placing a binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
3.3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value-added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop of a corresponding payment restriction.
4.7 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The debit note is collected when the ordered goods leave the seller's warehouse, but not before expiry of the period for advance information. Pre-notification" means any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient account funds or due to the specification of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 In the case of goods delivered by freight forwarder, delivery shall be "free curb", i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
5.4 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.
5.5 Vouchers shall be provided to the customer as follows:
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding this, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply
for objects which have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, as well as
in the event that the seller maliciously concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, in accordance with the contents of the contract, the seller is also responsible for the processing of the goods in addition to the delivery of the goods in accordance with certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.
8.2 The customer indemnifies the seller against claims of third parties which the seller may assert against the seller in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by a third party.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9) Special conditions for repair services
If the seller is responsible for the repair of a customer's item under the terms of the contract, the following shall apply:
9.1 Repair services shall be provided at the Seller's registered office.
9.2 The Seller shall render its services at its discretion either in its own person or by qualified personnel selected by it. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.
9.3 The customer must provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller's scope of duties according to the contents of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will immediately inform the customer of obvious transport damage so that the customer can assert any rights he may have against the carrier.
9.5 The return of the goods shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the goods.
9.6 The customer can also spend the item to be repaired at the seller's place of business and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreement in this respect. In this case, the above provisions regarding the bearing of costs and risks shall apply accordingly when the goods are dispatched and returned.
9.7 The aforementioned regulations do not limit the statutory rights of the customer in the event of the purchase of goods from the seller.
9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.
10) Redeeming promotion vouchers
10.1 Vouchers issued by the Seller free of charge within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "promotion vouchers") can only be redeemed in the online shop of the Seller and only within the specified period.
10.2 Individual products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the promotion voucher.
10.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.