Terms & Conditions

 

1. Preamble

 

1.1. The following terms and conditions govern the contractual relations between us, the commercial ones

 

 

 

Toolgigant

 

Represented by Jürgen Schwiening

 

 

 

The Mill 15

 

46399 Bocholt

 

 

 

And customers.

 

 

 

We are available at the following contact:

 

 

 

Tel: + 49 (0) 2874-9017159

 

Fax: + 49 (0) 2874-9017161

 

E-mail: info@werkzeuggigant.com

 

 

 

1.2. The contract language is German.

 

 

 

2. Definitions

 

2.1. Kaufmann is either the one who operates a trade or the one who has the company of his company registered in the commercial register.

 

2.2. Commercial business is any commercial enterprise, unless the company does not require any commercial business in kind or scope.

 

2.3. Entrepreneur is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.

 

2.4. Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation.

 

2.5. Distance contract within the meaning of these General Terms and Conditions is a contract for the supply of goods or the provision of services concluded between an entrepreneur and a consumer with the exclusive use of means of communication, unless the conclusion of the contract is not within the scope of a sales organization organized for remote sales Or service system.

 

2.6. Communication means are means of communication which can be used to initiate or conclude a contract between a consumer and an entrepreneur without simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, telecopes, e-mails as well as radio, tele- and media services.

 

2.7. Contract text in the sense of these terms and conditions is the product description resulting from our Internet presentation and the content of the online order. The order confirmation sent by us in the Internet portal is not a contract text, but only confirms receipt of the order.

 

2.8. The text form is a readable declaration identifying the person of the declarant who has been given on a permanent medium.

 

2.9. A persistent medium is any medium that enables the recipient to keep or store a personal statement on the data carrier that is accessible to him during a period appropriate to his purpose, and is appropriate to make the declaration unchanged .

 

 

 

3. Validity of these General Terms and Conditions

 

3.1. These terms and conditions apply exclusively to all contracts, deliveries and other services.

 

3.2. We do not recognize contrary or deviating conditions.

 

3.3. If the customer is a merchant, they shall also apply to all future business relations, even if they are not expressly agreed again.

 

3.4. We are at any time entitled to amend or supplement these General Terms and Conditions. Customers have the right to object to such a change. If the objection is not made in writing within four weeks after receipt of the amendment notification, they shall become effective according to the amendment. Customers are informed in text form at the beginning of the deadline that the amendment notification is deemed to be accepted if no objection is made within four weeks.

 

 

 

4. Rights of use

 

4.1. We reserve all rights of use to tender documents, illustrations, drawings, calculations and other documents.

 

4.2. In the case of unauthorized use, the unauthorized user undertakes to pay a contractual penalty equal to five times the market fee for the use.

 

 

 

5. Revocation instruction

 

5.1. Right of revocation

 

Consumers have the right to revoke this contract within a period of fourteen days without stating reasons. The period of revocation shall be fourteen days from the date on which the consumer or a third named by him other than the carrier is the goods in the case of a purchase contract, in the case of a contract for several goods ordered by the consumer under a single order And which, in the case of a contract for the delivery of a product in several partitions or pieces, have, or have been, delivered the last part or the last piece separately.

 

In order to exercise their right of withdrawal, consumers must provide us

 

 

 

Toolgigant

 

Represented by Jürgen Schwiening

 

The Mill 15

 

46399 Bocholt

 

Phone: + 49 (0) 2874-901 7159

 

Fax: + 49 (0) 2874-901 7161

 

E-mail: info@werkzeuggigant.com

 

 

 

By means of a clear statement (for example, a letter, facsimile or e-mail sent by mail) about their decision to revoke this contract.

 

 

 

Consumers can use the enclosed revocation form, but this is not required.

 

 

 

In order to maintain the period of revocation, it is sufficient for consumers to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

 

 

5.2. Consequences of revocation

 

If consumers revoke this contract, we will have them all the payments we have received from them, including the delivery costs (except for the additional costs resulting from the fact that consumers choose a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same means of payment that the consumer used in the original transaction, unless explicitly agreed otherwise; In no case will consumers be charged for these repayment fees.

 

 

 

We may refuse the repayment until we have recovered the goods or until the consumer has shown that they have returned the goods, whichever is the earlier.

 

 

 

Consumers must return the goods to us immediately or in any case no later than fourteen days from the date on which they inform us of the revocation of this contract. The deadline is respected when consumers send the goods before the expiry of the 14-day deadline.

 

 

 

Consumers bear the immediate cost of returning the goods. The costs for non-package goods are estimated at a maximum of EUR 150.00.

 

 

 

Consumers must only pay for a possible loss of value of the goods if this loss of value is attributable to a handling which is not necessary to examine the characteristics, characteristics and functioning of the goods.

 

 

 

 

 

6. Conclusion of contract / storage of the contract text and the GTC

 

6.1. In the werkzeuggigant.com Internetshop

 

6.1.1. The application of the products in the Internet shop represents a non-committal and free invitation to submit an offer by our customers.

 

6.1.2. Customers submit an offer by going through several stations within the order process, namely

 

6.1.2.1. First select a product you want to buy and click on the "ORDER NOW" link to start the ordering process;

 

6.1.2.2. In the displayed virtual shopping cart / order form, select the order quantity, specify the invoice address, possibly a different delivery address, contact details as well as the shipping method, and continue the ordering process with a click on the link "Check order - preview";

 

6.1.2.3. Check everything again, correct if necessary and click the link "Buy" to submit a legally binding offer;

 

6.1.2.4. After submitting an offer, customers receive an e-mail to their e-mail address. All the details are listed again. Our e-mail confirms the order, but does not represent the acceptance of the offer of the customer.

 

6.1.3. We may accept the offer of the customer within two days of our choice either by order confirmation or by delivery of the goods.

 

6.1.4. The contract text and these terms and conditions are stored and sent to consumers by e-mail.

 

6.2. at Ebay

 

6.2.1. The conclusion of the contract depends on the chosen offer format, namely

 

6.2.1.1. At auctions:

 

6.2.1.1.1. If we place an item in the auction bid form, we issue a binding offer to conclude a contract for this item. We determine the starting price and a deadline (duration of the offer), within which the offer can be accepted by bid.

 

6.2.1.1.2. The bidder accepts the offer by submitting a bid via the bidding function. The bid expires if another bidder submits a higher bid during the period of the bid.

 

6.2.1.1.3. At the expiry of the auction or in the event of an early termination of the offer by us, a contract is reached between us and the maximum bid for the purchase of the article, unless we were legally entitled to withdraw the offer and delete the existing bids. After a legitimate bid rejection occurs between the bidder, who is the highest bidder after the end of the auction due to the bid rejection and no contract is concluded. However, we and the highest bidder can agree that a contract comes into being

 

6.2.1.1.4. We can also set a minimum price for an auction, which differs from the start price. In this case, a contract conclusion will not be reached if the bid of the highest bidder does not reach the minimum price at the end of the auction.

 

6.2.1.2. At auctions with Buy-Buy option:

 

6.2.1.2.1. We can also offer offers with the option Buy Now (fixed price). In this case, a contract for the purchase of the item irrespective of the expiry of the offer period and without an auction takes place already at the immediate purchase price (fixed price), if a customer exercises this option. The bid can be exercised by any bidder as long as no bid has been placed on the item or the bids have not yet reached a minimum price fixed by us

 

6.2.1.3. For multiactions:

 

We have the possibility to organize an auction as a multiauction. In a multiaction, we will offer an article in any quantity, all articles of the same kind and quality.

 

6.2.1.4. For instant purchase items:

 

6.2.1.4.1. If we place an article in the immediate purchase offer format, we will issue a binding offer.

 

6.2.1.4.2. The contract is concluded when our customer clicks the "Buy Now" button and confirms the process.

 

6.2.1.4.3. We can provide our offer with the option "suggest price". Interested parties can make the offer to purchase the item at a certain price. We can accept the price proposal, reject it or make a counter-proposal. Price proposals by interested parties and counter proposals are binding and remain valid for 48 hours. A contract comes when we and the prospective buyer agree on the price, whether through the function "price suggestion" or the original immediate purchase price. With the conclusion of the contract, all price proposals and counter-proposals lose their validity.

 

6.2.1.4.4. As far as the possibility is offered to place articles in a shopping cart, the customer accepts the offer by placing the item (s) in the shopping cart and completing the immediately following payment process.

 

6.2.2. The contract and these terms and conditions are stored. The terms and conditions are automatically transmitted, the contract text is not available to you. We recommend that you print out the entire offer description as it is only stored for a short time on servers of the relevant market places.

 

6.2.3. Entries may be corrected before placing the order with the technical means provided by eBay. The corrections can be made directly using the usual keyboard and mouse functions on the quotation page in the corresponding input fields. After clicking on the "Buy Now" or "Bid" button, you can check the entries on the following confirmation page.

 

 

 

7. Delivery conditions / shipping costs

 

7.1. Delivery dates indicated by the customer in his order are subject to our confirmation.

 

7.2. Costs of packaging and dispatch are invoiced separately and reported. The exact costs are given in the product description.

 

 

 

8. Notification of defects

 

8.1. If the purchase is a commercial transaction for both contracting parties, the buyer has to examine the goods immediately after the delivery by the seller, as far as this is possible after a regular business transaction, and, if a defect shows, the seller immediately.

 

8.2. If the buyer omits the notification, the goods shall be deemed to be approved unless the defect is a defect that was not apparent during the inspection.

 

8.3. If such a defect appears later, the notification must be made immediately after the discovery; Otherwise, the goods shall also be deemed to have been approved in respect of this defect.

 

8.4. If we have concealed the defect maliciously, we can not rely on these regulations.

 

 

 

9. Terms of payment

 

9.1. Unless otherwise agreed, we deliver against prepayment.

 

9.2. Unless otherwise agreed, our invoices shall be payable no later than 3 days after receipt of the goods.

 

 

 

10. Reservation of title

 

10.1. Until full payment of the contract object, this remains our property.

 

10.2. In the case of merchants, the goods remain our property until full payment of all claims arising from the business relationship.

 

10.3. Customers are entitled to resell goods subject to retention of title.

 

 

 

11. Liability for Defects / Limitation Period

 

11.1. There is in principle a statutory right of deficiency, unless another is determined.

 

11.2. If the delivered item does not have the nature agreed between the customer and us or if it is not suitable for the use according to our contract or if it is not suitable for normal use and has a characteristic which is common in the case of objects of the same type, The customer can expect the nature of the matter or if he does not have the qualities which he could expect from our public statements, we are obliged to supplementary performance.

 

11.3. The supplementary performance shall be made at the customer's option by removing the defect (reworking) or delivery of new goods.

 

11.4. We can refuse the supplementary performance without prejudice to § 275 para. 2 and 3 BGB if it is only possible with disproportionate costs.

 

11.5. Customers can only assert claims for damages because of a defect only if the supplementary performance has failed. This shall not affect the right to assert further claims for damages in accordance with the following section "Liability".

 

11.6. For consumers, the limitation period for new goods is two years from delivery to the customer, for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to deficiencies in accordance with the following "liability".

 

11.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk; in the case of used goods, liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to deficiencies in accordance with the following "liability". The statute of limitations shall also remain unaffected in the event of a supply regress pursuant to Sections 478, 479 BGB; It shall be five years from the delivery of the defective item.

 

 

 

12. Liability

 

12.1. We exclude our liability for minor negligent breaches of duty, unless damages from the injury to life, body or health or claims under the Product Liability Act are affected or guarantees are affected. This shall not affect the liability for the violation of obligations, the fulfillment of which allows the proper execution of the contract at first and on which the customer may rely regularly (essential contractual obligations).

 

12.2. In the case of negligently caused material and property damages, we shall only be liable in the event of a breach of a material contractual obligation, but limited to the foreseeable and contract-type damages.

 

12.3. The same applies to breach of duty by our vicarious agents.

 

 

 

13. Prohibition of offsetting

 

The entrepreneur is not entitled to set off his own claims against our payment claims, unless the claims are undisputed or legally established.

 

 

 

14. Right of Retention

 

The entrepreneur is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.

 

 

 

15. Extraordinary means of arbitration

 

In the case of disputes arising from online sales contracts or online service contracts, an OS platform provided by the European Union may be used to settle these disputes, provided that the European Union actually provides them.

 

The platform is available here: http://ec.europa.eu/consumers/odr/

 

Our e-mail address is: info@werkzeuggigant.com

 

 

 

16. Applicable law, court order and subsidiary agreements

 

16.1. The contract is subject to the substantive law of the Federal Republic of Germany, including these terms and conditions. The provisions of the Vienna UN Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG, United Nations Convention on Contracts for the International Sale of Goods) do not apply. This choice shall not apply where the consumer is thereby deprived of mandatory provisions of the law of the State in which he is habitually resident.

 

16.2. In the case of legal disputes, our registered office shall be the court where:

 

16.2.1. The customer is a merchant or

 

16.2.2. The customer has no general jurisdiction in the territory of the Federal Republic of Germany; or

 

16.2.3. The customer is a legal person of public law.

 

We are also entitled to sue at any other jurisdiction provided for by law.

 

16.3. Subsidiary agreements have not been reached.

 

 

 

17. Severability clause (partial ineffectiveness)

 

Should one of the provisions be invalid, the validity of the remaining provisions shall remain unaffected.

 

 

 

18. Revocation form

 

 

 

At

 

Toolgigant

 

The Mill 15

 

46399 Bocholt

 

Fax: + 49 (0) 2874-901 7161

 

E-mail: info@werkzeuggigant.com

 

 

 

I hereby / hereby revoke the contract concluded by me with the purchase of the following goods:

 

 

 

_______________________________________________________

 

 

 

_______________________________________________________

 

 

 

_______________________________________________________

 

 

 

_______________________________________________________

 

 

 

Ordered on /

 

 

 

_______________________________________________________

 

 

 

Name of consumer (s):

 

 

 

_______________________________________________________

 

 

 

Address of the consumer (s):

 

 

 

_______________________________________________________

 

 

 

Signature of the consumer (s):

 

 

 

_______________________________________________________

 

 

 

Date:

 

 

 

_______________________________________________