Terms and Conditions

§1 Basic regulations

(1) The following terms and conditions apply to all contracts that you have with me as a provider:

Tools For Gents Vertriebs GmbH
Gewerbestrasse 6/1
78244 Gottmadingen
Germany

Phone: +49 171 954 91 43 (Richard Scholz)
Phone: +49 151 525 22 138 (Florian Sommer)
E-mail: contact@toolsforgents.de

Sales tax identification number: DE308743286

via the website www.toolsforgents.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is prohibited.

(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

(3) The contract language is German. The law of the Federal Republic of Germany shall apply exclusively. This shall only apply to consumers insofar as no statutory provisions of the state in which the customer has his residence or habitual abode are restricted thereby. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

§2 Subject matter of the contract

This contract regulates the sale of new and used goods via the provider’s online shop. The essential characteristics of the goods and/or services can be found in the article description and the supplementary information on our website. Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

§3 Conclusion of contract

(1) The contract is concluded in electronic business transactions via the shop system or via other means of distance communication such as telephone and e-mail.

(2) You can submit a binding purchase offer (order) via our shop system. The ordering process for the conclusion of the contract comprises the following steps:

  • Selection of the offer in the desired specification (size, color, number)
  • Insert the offer into the shopping cart
  • Pressing the ‘Goods’ button
  • Enter billing and shipping address
  • Payment method selection
  • checking and processing of the order and all entries

By sending the order via the button “order for a fee” you submit a binding offer to us.

(3) In the case of orders by telephone or e-mail, the order process is correspondingly

  • Call to the order hotline or send the order as e-mail.

(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.

§4 Duration of contract

The contract is concluded for an indefinite period.

§5 Reservations

(1) The delivered goods remain the property of the supplier until full payment has been made.

(2) The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right to provide a service of equal quality and price.

(3) The provider reserves the right, in case of unavailability of the promised service, not to provide it.

§6 Prices, shipping costs, return costs

(1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

(2) Possible shipping costs are not included in the purchase price. They will be shown separately in the course of the ordering process and are to be borne by the buyer in addition, as far as no delivery free of shipping costs is promised.

(3) The payment claims from the concluded contract are immediately due for payment, unless otherwise stated in the selected payment method.

(4) The following flat rates for shipping costs shall apply once per order:

Germany: 6,99 €, from 50 € value of goods free shipping, EU: 9,99 €, rest of the world: 23,99 €.

In the case of partial deliveries, the flat rate only applies once in each case.

(5) If there is a right of withdrawal and this is made use of, the customer bears the cost of the return.

§7 Terms of payment

(1) The customer has the following options for payment:

Prepayment, cash on delivery, payment service provider (PayPal), credit card, cash payment on collection.

Other payment methods are not offered and will be rejected.

(2) When paying by credit card, the customer must be the cardholder. The credit card will be charged immediately.

(3) Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.

§8 Terms of delivery

(1) Unless otherwise stated in the article description, the goods will be dispatched immediately after receipt of payment, at the latest after 3 days on average.

(2) The supplier ships the order either from his own warehouse as soon as the entire order is in stock there or the order is shipped by the manufacturer as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.

(3) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

§9 Warranty

(1) Consumers shall be entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB).

(2) If the customer is an entrepreneur, the warranty period for new goods is limited to one year.

(3) The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year.

This does not apply to compensation claims of the customer because of injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.

§10 Drafting of the contract

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider.

§11 Right of withdrawal and customer service

(1) You have the right to revoke this contract within fourteen days without giving reasons. Please refer to the FAQ for more details.

The rules on distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers have no corresponding right of withdrawal due to distance contracts. The supplier also does not grant such a right.

(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) The right of withdrawal expires prematurely for contracts

  • for the delivery of sealed goods which for health or hygiene reasons are not suitable for return if their seal has been removed after delivery;
  • the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

§12 disclaimer

(1) Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the Provider’s representative and vicarious agents if the Customer asserts claims for damages against these claims.

(2) Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. This also does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.

§13 Assignment and pledge ban

Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.

§14 Data protection

(1) In connection with the initiation, conclusion, settlement and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This happens within the scope of the legal regulations.

(2) The provider does not pass on any personal data of the customer to third parties unless he is legally obliged to do so or the customer has expressly consented beforehand. If a third party is used for services in connection with the processing of processing, the provisions of the Federal Data Protection Act will be complied with.

(3) The data communicated by the customer in the course of the order are processed exclusively for the establishment of contact within the framework of the contract execution and only for the purpose for which the customer has made the data available. The data will only be passed on to the shipping company, which takes over the delivery of the goods according to the order, if necessary. The payment data will be passed on to the bank commissioned with the payment.

(4) Insofar as storage periods of a commercial or tax nature apply to the provider, the storage of some data may take up to ten years. During the visit in the online shop of the provider anonymized data, which do not allow conclusions on personal data and also do not intend, in particular IP address, date, time, browser type, operating system and visited sides, are logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:

Tools For Gents Vertriebs GmbH
Gewerbestrasse 6/1
78244 Gottmadingen
Germany

Phone: +49 171 954 91 43 (Richard Scholz)
Phone: +49 173 534 82 22 (Florian Sommer)
E-mail: contact@toolsforgents.de

§15 Severability clause

The invalidity of a provision of these GTC shall not affect the validity of the other provisions.

§16 Implementation of the ODR Directive

Online settlement of disputes pursuant to Art. 14 para. 1 ODRVO.

The European Commission provides a platform for online dispute resolution (OS) which can be found at http://ec.europa.eu/consumers/odr/.

Status: 31.08.2017