General Terms and Conditions (GTC)

The following General Terms and Conditions (GTC) regulate the sale of products by Tools for Booths, Querstrasse 9, 47829 Krefeld, telephone 0157 55041944, email: info@tools-for-booths.com, hereinafter referred to as "Provider", via the online shop at www.tools-for-booths.com.

§ 1 Scope of Application

(1) These Terms and Conditions apply to all contracts concluded between the Provider and both private customers (within the meaning of Section 13 of the German Civil Code) and business customers (within the meaning of Section 14 of the German Civil Code)

(2) Any differing terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing. In particular, the provider's silence in response to differing terms and conditions shall not be deemed to constitute recognition or consent.

(3) The object of the provider’s activity is the distribution of tools

§ 2 Conclusion of contract

(1) The contract is concluded between the provider and the purchaser (hereinafter referred to as “customer”)

(2) All offers, in particular those on the provider's homepage, are non-binding. Customary deviations and deviations due to legal regulations or technical improvements, as well as the replacement of components with equivalent parts, are deemed to be in conformity with the contract, provided that they do not impair the usability for the contractually intended purpose.

(3) The customer's order for the goods is considered a binding contractual offer. The contract between the provider and the customer is concluded upon confirmation of the order.

(4) Orders that exceed normal household quantities require the express consent of the provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product.

(5) The customer agrees that both order confirmations and invoices will be sent exclusively by email.

§ 3 Right of Withdrawal

(1) Cancellation policy for private customers

The customer has the right to cancel the contract within fourteen days without giving any reason.

The cancellation period begins on the day on which the customer or a third party other than the carrier designated by him takes possession of the goods.

To exercise the right of withdrawal, the customer must inform the provider of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). The customer can use the following sample withdrawal form for this purpose, although this is not binding.

sample cancellation form

If the customer wishes to withdraw from the contract, he can fill out and return this form:

Tools for Booths, Querstraße 9, 47829 Krefeld

I/we hereby revoke the contract concluded by me/us for:

- the purchase of the following goods/services:

- Ordered on/received on:

- Name of the consumer(s):

- Address of the consumer(s):

- Datum:

- Signature of the consumer(s) (only if notification is on paper):

_______________________

To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.

(2) Cancellation policy

If the customer withdraws from the contract, the provider must refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer chose a type of delivery other than the cheapest standard delivery offered by the provider), promptly and at the latest within fourteen days from the day on which the provider received notification of the withdrawal from this contract. For this refund, the provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; under no circumstances will the customer be charged any fees for this refund. The provider may refuse to refund on the grounds that he has returned the goods, whichever is earlier.

The customer must return or hand over the goods promptly and in any event no later than fourteen days from the date on which he notifies the provider of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the fourteen-day period.

The customer bears the costs of returning the goods.

The customer only has to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(3) No right of withdrawal for business customers

Business customers (as defined in Section 14 of the German Civil Code) have no legal right of cancellation. Contracts with business customers are binding and can only be canceled in accordance with the legal provisions or the contractually agreed conditions.

§ 4 Prices and shipping costs

(1) All prices quoted include VAT; for export deliveries, customs duties, fees and similar public charges may be added and charged.

(2) The prices quoted are exclusive of shipping costs, unless expressly stated or agreed otherwise.

§ 5 Customs

Orders for delivery outside the European Union may be subject to import duties and taxes, which are collected once the package reaches its destination. These additional charges must be borne by the customer; the provider has no influence on these charges. As customs regulations vary from country to country, the customer should contact their local customs authority for further information.

§ 6 Terms of Payment

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price by bank transfer or PayPal.

(2)If the customer defaults on payment, the provider is entitled to claim damages for late payment (e.g. reminder fees, default interest, chargeback fees) in the amount of 8% per annum from the day on which the default occurs.

(3) Payment by cash or cheque is not possible.

§ 7 Retention of Title

(1) The delivered goods remain the property of the provider until the purchase price (including sales tax, shipping costs) has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title.

(3) The customer must immediately notify the provider in writing if the goods are seized or subject to other interventions by third parties so that the provider can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure. If the third party is not in a position to reimburse the provider for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the loss incurred by the provider.

§ 8 Transport damage

If the goods show obvious transport damage, the customer must report this to the deliverer immediately.

§ 9 Liability (for private customers) within the meaning of § 13 BGB

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

(2) The provider's liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, body or health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with Section 286 of the German Civil Code (BGB). In this respect, the provider is liable for any degree of negligence.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective and on whose compliance the customer can regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the provider.

(5) The provider assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data or other content generated by the customer.

(6) Claims for damages are limited to foreseeable damages typical for the contract. In the event of delay, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body or health expire after 30 years; all other claims for damages expire after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or would have become aware of them without gross negligence (Section 199 para. 1 of the German Civil Code).

(8) The provider is entitled to check texts created by customers and files uploaded for compliance with statutory provisions and legal regulations. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

§ 10 Liability (for business customers) within the meaning of § 14 BGB

(1) The provider's liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, body or health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with Section 286 of the German Civil Code (BGB). In this respect, the provider is liable for any degree of negligence.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective and on whose compliance the customer can regularly rely.

(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the provider.

(4) The provider assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data or other content generated by the customer.

(5) Claims for damages are limited to foreseeable damages typical for the contract. In the event of delay, the maximum liability is 5% of the order value.

(6) Claims for damages based on injury to life, body or health expire after 30 years; all other claims for damages expire after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or would have become aware of them without gross negligence (Section 199, Paragraph 1 of the German Civil Code).

(7) The provider is entitled to check texts created by customers and files uploaded for compliance with statutory provisions and legal regulations. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(8) Liability under the Product Liability Act remains unaffected.

§ 11 Data Protection

(1) Personal data is collected and processed in accordance with the applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to obtain information about the data stored by him at any time and free of charge and to request their correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider’s privacy policy.

§ 12 Set-off and right of retention

(1) The customer is only entitled to set off his counterclaims if they have been legally established or if they are undisputed between the contracting parties.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 16 Final Provisions

(1) The contract and negotiation languages are German and English.

(2) The provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or guardian.

(3) Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision.

(4) Any changes or additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(5) The provider reserves the right to make changes to the website, rules and conditions, including these terms and conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders you have previously placed).