1. GENERAL INFORMATION
(1) These terms and conditions apply to all contracts, deliveries and other services provided by Esther Schulze-Tsatsas und Dimitrios Tsatsas GbR, Frankenallee 104, 60326 Frankfurt/Main, Germany (hereinafter referred to as “seller”), to its customers regarding the sale of goods, among other things via the online shop at www.tsatsas.com, as well as all sub-domains belonging to the domain. Deviating regulations of the customers shall not apply unless the seller has expressly confirmed this in writing.
(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his/her habitual residence is not withdrawn. The validity of UN sales law is excluded.
(3) Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in all cases take precedence over these terms and conditions.
(4) The contractual language is English. The authoritative text is that which is written in the English language. Texts in other languages are for information purposes only.
(5) The customer can call up and print out the order overview and the General Terms and Conditions. Otherwise, the text of the contract is stored by the seller after the conclusion of the contract, but is not accessible to the customer.
(6) Place of jurisdiction is Frankfurt/Main, Germany, if the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the residence or habitual abode is not known at the time the action is filed.
(7) Customers who are consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS Platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(8) Duty to provide information in accordance with the Consumer Dispute Settlement Act (sec. 36 VSBG): The seller is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
2. CONTENTS OF CONTRACT AND CONCLUSION OF CONTRACT
(1) The seller offers its customers various new goods for purchase. The seller’s offers are directed to customers worldwide.
(2) In the online shop, the customer can correct all entries continuously using the usual keyboard and mouse functions by clicking on the button “Place Order” (order subject to payment) before the binding submission of his/her order. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can be corrected there using the usual keyboard and mouse or, if necessary, touchscreen functions.
(3) The purchase contract is concluded in the online shop as follows:
a) If the customer has chosen the payment method “PayPal”, the purchase contract is concluded at the time of confirmation of the payment instruction to PayPal.
b) If the customer has chosen the payment method “Credit Card”, the contract is concluded at the time of the credit card debit.
c) If the customer has chosen the advance payment via bank transfer, the contract is concluded at the time of the seller’s receipt of payment.
d) In all other cases, the purchase contract is concluded at the time the seller accepts the customer’s order. The seller is entitled to accept the offer contained in the order within 3 working days by sending an order confirmation.
(4) With the notification of the conclusion of the contract, the customer receives the text of the contract and these General Terms and Conditions, as well as the cancellation policy.
(5) A customer also has the possibility to inquire about one or more articles by telephone, by e-mail or by letter to the seller. After receipt of such an inquiry, the seller will submit a separate offer to the customer by e-mail or letter. A contract is only concluded when the customer accepts this offer.
3. PRICES, SALES TAX AND PAYMENT
(1) Unless otherwise stated, all prices include value added tax. The prices do not include shipping and packaging costs, which will be announced to the customer before the order or an offer is submitted. The amount of the shipping costs depends on the weight and dimensions of the goods, the type of goods, the desired destination and the order value. An overview of the shipping costs is available in the online shop.
(2) Deliveries are carried out according to the customer’s wishes against prepayment (bank transfer, payment by PayPal or credit card) or, in the case that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his/ her commercial or self-employed professional activity, also on account.
(4) If the customer chooses advance payment by bank transfer, payment shall be due not later than 7 calendar days after conclusion of the contract. In the case of delivery on account, payment is due no later than 14 calendar days after invoicing.
(5) If a customer defaults on the payment obligations, the seller may demand compensation in accordance with the statutory provisions.
(6) The seller always issues an invoice to the customer, which is handed over to the customer upon delivery of the goods or is otherwise received in text form.
4. DELIVERY AND TRANSFER OF RISK
(1) The ordered goods will be delivered to the address provided by the customer, unless otherwise agreed in the contract. The delivery is made to addresses worldwide. Delivery is made from the seller’s warehouse. Customers residing outside of Germany have the option of specifying a delivery address in Germany or to pick up the ordered goods at the seller’s premises.
(2) The availability of the individual goods is indicated in the item descriptions. For goods available in stock, the delivery period is 7 calendar days from the conclusion of the contract, unless otherwise stated in the item description (for advance payment by bank transfer: 7 calendar days from the customer’s payment).
(3) The seller reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not unreasonable for the customer in exceptional cases. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.
5. RETENTION OF TITLE
(1) The delivered goods shall remain the property of the seller until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his/her commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
(2) The goods subject to retention of title may not be pledged to third parties or transferred by way of security before full payment of the secured claims. The customer shall notify the seller immediately in writing if an application for the opening of insolvency proceedings is filed or if third parties seize the goods belonging to the seller (e.g. seizures).
(3) If the customer acts in breach of contract, in particular if the purchase price due is not paid, the seller is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the reservation of title. The demand for return does not at the same time include the declaration of withdrawal; the seller is rather entitled to demand only the goods and to reserve the right to withdraw. If the customer does not pay the due purchase price, the seller may only assert these rights if he has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
(4) Until revocation in accordance with lit. c), the customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply additionally.
a) The retention of title extends to the products resulting from the processing of the purchased goods at their full value, whereby the seller is considered the manufacturer. If the ownership rights of third parties remain in force in the case of processing with goods of third parties, the seller shall acquire co-ownership in the ratio of the invoice values of the processed goods. In all other respects, the same applies to the resulting product as to the goods delivered under reservation of title.
b) The customer hereby assigns to the seller as security all claims against third parties arising from the resale of the goods or the product in total. The seller accepts the assignment.
c) In addition to the seller, the customer remains authorized to collect the claim. The seller undertakes not to collect the claim as long as the customer fulfils the payment obligations to the seller, there is no deficiency in the ability to pay and the seller does not assert the retention of title by exercising a right according to paragraph (3). If this is the case, however, the seller can demand that the customer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. Furthermore, in this case the seller is entitled to revoke the customer’s authority to further sell and process the goods subject to retention of title.
d) If the realisable value of the securities exceeds the claims of the seller by more than 10%, the seller will release securities of its choice at the customer’s request.
6. RIGHTS OF RETENTION
The customer is only entitled to offsetting rights if his/her counterclaims have been judicially determined, are undisputed or have been acknowledged by the seller. In the event of defects in the delivery, the customer’s counterclaims shall remain unaffected, in particular his/her right to retain a reasonable part of the purchase price in relation to the defect. Furthermore, the customer is entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
7. WARRANTY AND LIABILITY
(1) The seller is liable for material defects and defects of title in accordance with the statutory provisions, subject to paragraph (5).
(2) Outside of the liability for material defects and defects of title, the seller shall be liable without limitation if the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of material obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations.
(3) The limitations of liability of the preceding paragraph do not apply in the case of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) If the seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
(5) In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his/ her commercial or independent professional activity, the general limitation period for claims arising from material and legal defects is one year from delivery of the goods, in deviation from sec. 438 para. 1 no. 3 BGB. In the case of claims arising from intentional or grossly negligent acts, from damage due to injury to life, body or health, from product liability law, or supplier recourse, the statutory limitation period shall remain in force.
8. FOR ATTENTION IN CASE OF TRANSPORT DAMAGE
(1) If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to warranty rights, complain about this immediately to the forwarder/freight service and contact the seller immediately by e-mail or other means (fax/post) so that the seller can protect any rights he may have against the forwarder/freight service.
(2) Hidden defects shall be reported by the customer to the seller – also without prejudice to any warranty rights – after discovery, so that any warranty claims against third parties can be preserved.
9. DATA PROTECTION
Last update: 01.05.2020