- General Terms and Conditions
- 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Tahovital GmbH) via the website www.tigovit.de. Unless otherwise agreed, any terms and conditions you may use will be rejected.
(2) Consumers within the meaning of the following regulations are any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs are any natural or legal person or a legal partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
- 2 Conclusion of contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing each product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the “shopping cart”. You can access the “shopping cart” at any time by clicking the corresponding button in the navigation bar and make changes there. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, you will be shown the order data as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, immediate transfer), you will be either directed to the order overview page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to review the order summary, make changes (including using the “back” function in your web browser), or cancel the order. By clicking on the button “place order with obligation to pay” or a similar designation, you declare bindingly the acceptance of the offer, whereby the contract is concluded.
(4) Your request for the preparation of an offer is non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and that in particular no SPAM filters prevent their delivery.
- 3 Right of retention, reservation of ownership
(1) You can exercise a right of retention only if the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
- 4 Warranty
According to legal regulations, you have a warranty right in case of defects. As a consumer, you have the right to complain about defects within two years of delivery of the goods. If the goods are defective, you have the right to demand subsequent performance. You can choose between rectification of the defect or delivery of a defect-free item. If subsequent performance fails, you have the right to withdraw from the contract or to reduce the purchase price. Please note that the warranty period for used goods is limited to one year.
(1) The statutory rights for defects apply.
(2) As a consumer, you are requested to inspect the goods upon delivery for completeness, obvious defects, and transport damages and to inform us as well as the carrier of any complaints as soon as possible. Failure to comply with this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it prior to submitting the declaration of intent by us and if the deviation was expressly and separately agreed between the contracting parties.
- 5 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) Place of performance for all services arising from our business relationships and jurisdiction is our place of business, provided that you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to call upon another legal jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention shall not apply.
- Customer Information
- Identity of the seller
Tahovital GmbH Amselstr. 4 85405 Nandlstadt Germany Phone: +4915128044448 E-mail: firstname.lastname@example.org
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
- Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” of our General Terms and Conditions (Part I).
- Contract language, contract text storage
3.1. The contractual language is German.
3.2. We do not store the complete texts of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receiving the order from us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
- Codes of conduct
4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
- Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and payment terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be separately indicated during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, further costs may be incurred that are not attributable to us, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by banks), which you must bear.
6.4. Incurred costs of money transfer (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU member state but payment is made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
- Delivery terms
7.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall only pass 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 or person otherwise designated to carry out the shipment who has not been named by the entrepreneur.
- Statutory liability for defects
The liability for defects is governed by the provisions on “Warranty” in our General Terms and Conditions (Part I).
These GTCs and customer information were created by the legal experts specializing in IT law of the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/en/services/legal-security/AGB-service.
Last updated: 01.01.2022