General Terms & Conditions

 
General terms and conditions with customer information

  1. Scope
  2. Conclusion of contract
  3. Prices and terms of payment
  4. Terms of delivery and shipping
  5. Right of Withdrawal
  6. Retention of Title
  7. Liability for Defects
  8. Third-Party Infringement Indemnification
  9. Governing Law
  10. Jurisdiction
  11. Information on Online Dispute Resolution

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Techflex Germany GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the seller in his goods offered in the online shop. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.

1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.3. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3. The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
 
The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. If the payment method "PayPal" or "Paypal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal usage agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, or if the customer pays using one of the PayPal payment methods, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.

2.5. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.


2.6. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.


2.7. The contract language is German.

2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of paymentng

3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.

3.3. The customer can select the payment methods that are available in the online shop.

3.4. In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6. Paypal checkout

If you pay via the PayPal checkout, the payment is processed by the PayPal payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal can also use the services of third-party payment providers for this purpose, which you can select, if offered.

If payment methods are also offered on this website for which the seller pays in advance (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider first carries out a credit check before accepting the seller's offer of assignment. The selected payment method can be refused if the credit check returns a negative result.

After approval of the selected payment method, a payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect.

4. Terms of delivery and shipping

4.1. Goods are delivered by mail to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.

4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of cancellation. Here it remains with the legal or the regulation made by the seller.


4.3. If pickup has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for pickup. After receiving this e-mail, the customer can collect the goods at the seller's registered office or at an agreed place, after consultation with the seller. In this case there are no shipping costs.

5. Right of Withdrawal

5.1. If the customer is a consumer, he has a right of withdrawal.

5.2. The cancellation policy of the seller applies to the right of cancellation.

5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.

6. Retention of Title

If the seller pays in advance, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for Defects

7.1. With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.

7.2. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. Non-compliance has no effect whatsoever on the customer's statutory or contractual claims for defects.

8. Third-Party Infringement Indemnification

If, in accordance with the contract, the seller owes the customer not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against third-party claims in this connection, unless he hast not responsible for the infringement. The indemnification also includes the assumption of the reasonable costs of the necessary legal defense, including all court and attorney's fees, in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, completely and truthfully.

9. Governing Law

9.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

9.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

10. Jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.

11. Information on Online Dispute Resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr

Although we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, we are in principle ready to do so.