Your direct ordering advantages at a glance:
Dear Töpfer Customers,
Simply as comfortable as possible: We are here online for you
24 hours, 365 days a year!
In Internet at: www.toepfer-shop.de – no minimum order!
For your order, the following delivery and payment terms
and conditions apply:
Delivery and payment: Mailing of merchandise domestically within Germany is made versus the sharing of the mailing cost of partial mailing of EUR 3.50 per order. If your order reaches 50,-- Euro, we deliver free of shipping cost within Germany. In the case of orders being sent to foreign countries within the European Union, the amount of the shared cost to be paid is EUR 16.50; and for deliveries to countries beyond these, the actual mailing charges are figured. The mailing takes place by the medium that we select from our warehouse by the postal service, package service or the Deutsche Bahn [German Rail] AG. We deliver on account, but reserve the right to make collect-on-delivery (C.O.D.) or cash-in-advance shipments based upon corresponding information on the purchaser. For C.O.D., there is an additional charge of EUR 4.00. We reserve the right to ship partial orders in reasonable sizes to the extent that this would appear to us to be advantageous to a quick conclusion. Partial deliveries are to be regulated within the framework of our payment terms and conditions; you pay a share of the mailing cost, of course, only one time per order by partial deliveries, too, and settle your invoice most comfortably with the prepared form, which are sent with the invoices.
Reservation of title: Until payment in full, title to the merchandise remains that of Töpfer GmbH [Corp]. Prices are to be understood as including value added tax and retain their validity until the appearance of the next catalogue. Invoices are due and payable without any deduction within 14 days. Upon payment in cash in advance or the issuance of a bank debit authorisation, we grant a 5% discount. The purchase agreement goes into effect when the merchandise is expedited. We reserve the right to supply merchandise improved or further developed by the manufacturer or substitute merchandise of equal value. You are not obligated to keep such merchandise and may return these gratis in the event that they do not please you. We deliver as long as there is enough inventory.
Right of return: You may make returns within 14 days of receipt without providing any reason. Sending back of the merchandise within this term constitutes observance of the deadline. Send the merchandise undamaged, unused and in its original packaging to Töpfer GmbH, Heisinger Str. 6, D-87460 Dietmannsried. If the merchandise cannot be sent back by mail as a package, the right of return may only be excercised by the timely sending off or instruction of a return request by letter, fax, e-mail or telephone. Costs and risk of return are borne by Töpfer GmbH. Excluded from return, is merchandise whose expiry date had been exceeded at the point in time at which it was received by us, as well as opened products or those whose innermost packaging was opened by the customer. Further, our complete delivery and sales terms and conditions, which you may find on our home page www.toepfer-shop.de apply. We would be happy to send your our general terms and conditions upon request.
Privacy / Protection of Data: The data necessary for ordering and order processing and will, of course, be stores and confidentially treated in accord with the data privacy / protection regulations.
We are looking forward to receiving your order, which will be most carefully processed.
Your Töpfer-Shop
Töpfer General Terms and Conditions for the Delivery of Merchandise
1. General
(1) For all deliveries and performances of Töpfer GmbH, hereinafter referred to as the seller, the following terms and conditions apply exclusively. All product names are the property of the corresponding manufacturer. Product depictions are partially exemplary depictions and may deviate from the ordered / supplied products.
(2) Purchasing terms and conditions of the purchaser are only effective, if they were expressly agreed-upon and confirmed in writing by the seller. Purchase agreements first become effective by written acceptance of the order (order confirmation) or by acceptance of the merchandise by the customer, if necessary first after expiry of the revocation / return deadline. For preservation of the written condition, an e-mail, which is not signed is sufficient.
2. Supply and Supply Reservation
(1) Merchandise in stock will be delivered as soon as possible after having been ordered. To the extent that merchandise was ordered, which is not in inventory, delivery is to take place one day after being restocked at the earliest. Deliveries by the seller always take place with the reservation that the seller himself is completely and timely supplied and is not responsible for unavailability of the merchandise.
(2) The making of a claim for damages is bared, to the extent that there was no gross negligence or animus on the part of the seller. If a certain article or replacement article not be deliverable, the seller is authorised to refuse the delivery. The seller will advise the buyer immediately of the lacking availability.
3. Mailing and Packaging Costs
(1) Mailing of the merchandise domestically in Germany is effected versus mail-order cost proportional sharing in the amount of EUR 3.50 per order. In the case of deliveries to foreign countries within Europe, the mail-order cost proportional sharing amount is EUR 16.50 and in the case of deliveries to the rest of the foreign countries, the actual mail-order costs will be figured. The mail-order is to be effected by a mail-order medium selected by the seller from the seller’s warehouse by a package delivery service or the Deusche Bahn [German Rail] AG [Corporation].
(2) If the mailing is effected C.O.D., then a flat-rate charge of EUR 4.00 will be figured in.
4. Prices
(1) All prices, which are mentioned by the seller in his catalogue and in his Internet offer, are customer end-prices in EUR and contain the legal value-added tax (VAT).
(2) The prices valid at the point in time of the order are always the ones applicable.
5. Right of Return
(1) Only for legal transactions, which the consumer concludes in the sense of the German federal legal norm, does the seller grant the legal right of return within two weeks, without any obligation on the part of the consumer to provide a reason for the return.
(2) The two-week term begins at the point in time at which the delivery is received; of which it becomes aware by the expediting of the complete, unused and undamaged merchandise to the seller (firm and address pursuant to the purchase agreement).
(3) The purchase agreement becomes legally operative, therefore, first after the expiry of the two-week right of return term deadline beginning upon effective delivery.
(4) The right of return does not apply to merchandise, which the seller does not carry in his inventory and had been procured by the seller upon an express customer request.
(5) If the buyer gives the merchandise back, then the purchase price and the cost of its return will be refunded, which normally come about when making a return by mail. Consignments shipped unfranked will not be accepted by the seller and will be returned to the buyer at the buyer’s expense. Consignments are, therefore, especially to be sufficiently franked. Unfranked and insufficiently franked consignments are considered to be improperly sent off and may, therefore, have the effect of missing the term deadline, unless the seller makes an exception and accepts the return anyway.
(6) If damaged or defective merchandise is returned, then the buyer is obliged to the seller for indemnification. The risk of transportation is borne by the buyer.
6. Refusal of Acceptance
If the buyer refuses acceptance of the ordered merchandise, without it having come to a prior voiding of the sales agreement, then a flat-rate processing fee in the amount of EUR 25,- as well as postage and packaging costs per consignment will be charged. These costs will be calculated separately; the invoice will be immediately due and payable without the extension of a credit.
7. Reservation of Title
(1) All merchandise delivered by the seller remains his property until its purchase price is paid in full and until the complete settling of all demands arising out of the business relationship (extended reservation of title). A disposal of the merchandise under reservation of title by the buyer is bared (roughly by selling, pawning, collateral agreement, gifting, usufruct).
(2) If the buyer has undertaken a disposal contrary to the contract, relative to the object of the sale, then the sales price paid or to be paid or other received or to be received performances by the purchaser becomes due instead of the merchandise. The buyer even now assigns all of the demands arising out of whatever disposal to the seller. The buyer is not authorised to collect these receivables. Within the framework of the assignment, the buyer is to contribute to cause the purchaser to make payment to the seller upon revelation of the assignment to the purchaser. In view of the extended reservation of title (pre-assignment of the corresponding purchase price demand) an assignment to a third party, especially a financial institution is contrary to the contract, and therefore, impermissible. The seller is authorised to inspect the sales documentation of the buyer at any time and to advise his customers of the assignment.
(3) In the case of an attachment of the merchandise at the buyer’s, the seller is to be advised immediately by the sending of a copy of the foreclosure transcript and a statutory declaration, that the attached merchandise concerns merchandise supplied by the seller and is under reservation of title.
(4) The assertion of the rights of the seller out of the reservation of title, does not release the buyer from his contractual obligations. The value of the merchandise at the time of its return will only be charged against the existing demand of the supplier versus the buyer.
8. Payment Terms and Conditions
(1) Ordered merchandise will be delivered versus debit, C.O.D., payment in advance or in the case of customers with a customer number, by invoice.
(2) If the buyer selects payment by invoice, then a term of payment of 14 days beginning at the point in time of delivery applies as agreed upon.
(3) If the buyer goes into default with the payment, a reminder fee in the amount of EUR 5.- per reminder as well as interest on the arrears in the amount of 5 % over the corresponding publicly announced European Central Bank base rate will be figured.
9. Guarantee / Technical Information
(1) The term of the guarantee for the merchandise bought from the seller amounts to two years. The term of the guarantee begins at the point in time of the delivery.
(2) The buyer is obligated to notify the seller of open defects with a term of two weeks from acceptance of the merchandise in writing. After expiry of this term, the assertion of open defects is bared.
(3) To the extent that technical information is provided by the seller, this concerns manufacturer specifications. These are made without any guarantee.
10. Liability for Breach of Duty of the Seller in General
Notwithstanding the regulations on the guarantee performance as well as special rules arrived at in these regulations, the following apply in cases of a breach of duty by the seller:
(1) The buyer must guarantee the seller a reasonable subsequent specific performance term for the rectification of the breach of duty, which may not exceed three weeks. Not until a lack of success at expiry of the subsequent specific performance term, may the buyer withdraw from the contract and demand indemnification.
(2) Indemnification may be claimed by the buyer only in cases of gross negligence or animus breach of duty by the seller. The amount of indemnification is in any case limited to the amount of the purchase price.
(3) If the buyer is solely or primarily responsible for the conditions leading up to justification for his rescission or if the condition justifying rescission came about during the default of acceptance of the buyer, then rescission is bared.
11. Exclusion of Supply Risk and Guarantees
The seller does not accept any risk for articles not immediately deliverable. The acceptance of guarantees of any nature is bared, unless an express written agreement was concluded with the buyer on this.
12. Privacy / Data Protection
(1) Accruing data associated with the business connection are safed by us in data files, observing the regulations for data protection (data privacy). The data is processed for the purposes of the business connection and treated confidential.
(2) The seller reserves the right, however, to transmit data for the purpose of conducting a credit analysis. The buyer is authorised to withdraw at any time.
13. Place of Performance
As the place of performance for all arising obligations including those of whatever guarantee claims, the seat of the seller is agreed upon.
14. Place of Venue
The place of venue is the seat of the seller.
15. Other Regulations
Invalidity of individual regulations laid down by this contract, including those of the general business terms and conditions, has no effect on the validity of the remaining regulations. Explanations of any kind, concerning the contractual relationship between the seller and buyer, require a written proviso to a different effect to be effective. The written form is necessary especially for the rescission of the written form requirement. The effectiveness of verbal agreements in any case requires an immediate written confirmation. If this does not take place, then the verbal agreement is considered not to have been reached.
16. Clarification of the Distant Selling Agreements
Due to legal obligations ofr the clarification of sales, which come about exclusively by means of the use of telecommunications, the following is to be emphasised:
a) Supplier Code
At the Internet address www.toepfer-shop.de, the described offer concerns on by Töpfer GmbH, Heisinger Straße 6, 87463 Dietmannsried,
legally represented by General Manager Dr. Georg Kapfer, telephone no. 08374 /934-0, fax 08374 / 934-11
b) Contract Conclusion:
The buyer passes upon access to the acceptance declaration (§ 151 par. 1 BGB). After sending off the order via Internet by a click on the corresponding switching surface, ”Bestellung abschicken [send order]” the customer immediately receives an e-mail, which passes the order on. Upon receipt of this confirmation, the customer’s order becomes legally operative, at the latest though upon receipt of the delivery.
