Conditions
1. Scope of application
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can neither be attributed to his commercial nor his independent professional activity. An entrepreneur 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 independent professional activity.
These GTC also apply to entrepreneurs for future business relationships, without us having to point out them once again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with TMT GmbH.
By setting the products in the online shop, we make a binding offer to conclude the contract for these items. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded by clicking on the order button accept the offer of the goods contained in the shopping cart. After submitting the order, you will receive a confirmation by e-mail after the exam.
After receipt of the order, TMT GmbH sends a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order confirms and its content is reproduced (hereinafter referred to as "confirmation of receipt"). If TMT GmbH refuses to conclude the contract, this will be informed to the customer immediately by e-mail.
3. Contract language, contract text
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
4. Delivery terms
In addition to the indicated product prices, shipping costs will also be added. You can find out more about the amount of shipping costs at the offers.
You generally have the possibility of pick-up at TMT GmbH, Hoffeldstraße 14, 2381 Laab im Walde, Austria. Please inform us at least two working days before your collection so that we can provide the goods from our warehouse. Opening hours may vary outside the season. At the moment we only have opening hours by appointment (as of 2023).
5. Payment
The following payment methods are generally available in our shop:
Prepayment:
When selecting the payment method in advance, we will call you our bank details in separate e-mail and deliver the goods after receipt of payment.
Credit card:
By submitting your order, you simultaneously provide us with your credit card details.
After your legitimating as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by the credit card company and your card is charged.
Klarnas payment options:
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna:
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Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after the order has been placed.
In order to be able to offer you Klarna's payment options, we will transmit personal data, such as contact details and order data, to Klarna. This allows Klarna to judge whether you can take advantage of the payment options offered via Klarna and adapt the payment options to your needs. General information about Klarna can be found here (httt://www.klarna.com/en/). Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en'en/privacy).
Purchase on account:
With the order invoice, you can easily pay your online purchasing by invoice.
Checkout:
You will receive the invoice free of charge by email. By buying on account, you accept the terms and conditions.
Cash payment for pick-up:
You pay the invoice amount in cash at the collection.
Prices (incl. VAT) and technical specifications subject to errors and errors!!!
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. For returns, please note that the goods will be sent to our address in Vordermayrberg 9, 4052. If the goods are sent to the address in 4030 Linz, then we unfortunately have to deduct €10,-, because the warehouse is in Ansfelden.
Exceptions to the right of withdrawal:
The consumer has no right of withdrawal for contracts for:
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Goods, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period.
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Goods that are manufactured according to customer specifications or are clearly tailored to personal needs (e.g. options for drinking fountains and the like).
7. Reservation of title
The goods remain our property until full payment has been made.
The following applies to entrepreneurs: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in ordinary business operations; all claims arising from this resale shall be submitted to us in advance, regardless of any combination or mixing of the reserved goods with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves, insofar as you do not meet your payment obligations.
8. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible with the driver (preferably you do not accept the goods at all) and please contact us immediately. Otherwise, our own claims cannot be asserted against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The investigation and notification obligation regulated in Section 377 of the German Commercial Code applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability law shall apply. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuit pursuit pursuit 478 of the German Civil Code remain unaffected.
Only our own information and the product descriptions of the manufacturer, which were included in the contract, are considered to be an agreement regarding the quality of the goods to be regarded by entrepreneurs; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall first provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and reductions in time not apply to claims caused by damages caused by us, our legal representatives or vicarious agents
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in case of injury to life, body or health
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in case of intentional or grossly negligent breach of duty as well as malice
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in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
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within the scope of a guarantee promise, if agreed
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insofar as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Pictures and photos are all symbol photos
10. Liability
We shall always be liable for claims caused by us, our legal representatives or vicarious agents without limitation
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in the event of injury to life, body or health,
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in case of intentional or grossly negligent breach of duty,
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in the case of warranty promises, if agreed, or
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insofar as the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability according to the damage foreseeable at the conclusion of the contract is limited. Furthermore, claims for damages are excluded.
11. Closing requirements
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.