General Terms & Conditions
toopex GmbH
Managing Director Bernhard Hombach
Raiffeisenstrasse 21, Tor3
Phone: 02761/8392510
Fax: 02761/8392512
Mail: info@toopex.de
Local Court Siegen HRB 10709
A) General Terms and Conditions for Consumers
A.1 Scope and Supplier
The general terms and conditions mentioned under A.1 to A.11 apply to all orders placed by consumers (§ 13 BGB) via toopex GmbH's online shop, represented by managing director Bernhard Hombach.
A consumer is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor to his self-employed professional activity.
Our products are only sold for private use in household quantities.
A.2 Conclusion of contract
A.2.1 The product presentations in the online shop serve for the submission of a purchase offer by the customer. By clicking the button "Buy" you make a binding purchase offer.
A.2.2 We can accept the order by sending a separate order confirmation by e-mail or by delivering the goods within two days. The confirmation of the receipt of the order takes place via automated e-mail immediately after sending the order and does not yet constitute acceptance of the contract.
A.2.3 Should our order confirmation contain typing or printing errors or should our price determination be based on technically caused transmission errors, we are entitled to contest the order. Payments already made will be refunded immediately. Information or illustrations (e.g. weights, dimensions, utility values, load capacity, tolerances, drawings and technical data), in catalogues, price lists or other advertising material are only approximate unless exact conformity is required for the contractual purpose. Obvious errors, printing, writing, calculation and calculation errors are not binding and do not constitute a claim. A reference to technical standards serves as a service description and is not a guarantee of quality.
A.3 Prices
A.3.1 The prices stated on the product pages include the statutory value-added tax and other price components and do not include any shipping costs.
A.3.2 Depending on the method of payment, you may incur additional costs, such as cash on delivery or credit card payment. Whether this is the case or in what amount is displayed in the order process
A.4 Shipping costs: The exact shipping costs will be displayed in the order process.
A.5 Terms of delivery and reservation of self-delivery
A.5.1 All deliveries are insured by us via a delivery service.
A.5.2 The delivery time is 3-5 days, unless otherwise stated in the offer. We have no influence on the exact processing time of the ordered delivery service (e.g. DHL).
A.5.3 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any consideration already paid.
A.6 Terms of payment
A.6.1 Payment may be made in advance, by credit card, PayPal, etc. Possible further payment options may be offered during the ordering process.
A.6.2 If you choose the method of payment in advance, we will provide you with our bank details in the order confirmation.
A.7 Retention of title
A.7.1 The goods remain our property until full payment has been received. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
A.8 Right of revocation
A.8.1 Cancellation Policy Right of Cancellation
You have the right to revoke this contract within fourteen days without giving reasons.
The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us:
toopex GmbH
Raiffeisenstrasse 21, 57462 Olpe
Fax: 02761/8392512
Mail: info@toopex.de
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. We bear the costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
A.8.2 The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer if, after delivery, they have been inseparably mixed with other goods due to their nature, in the case of sealed goods which are not suitable for return for health or hygiene reasons, if their seal has been removed after delivery, or in the case of the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
The following modalities mentioned in paragraphs 8.3 to 8.5 are not a prerequisite for the effective exercise of the right of withdrawal. However, we kindly ask for your attention:
A.8.3 Please avoid damage and contamination. If possible, please send the goods in their original packaging with all accessories and with all packaging components back to us. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
A.8.4 Please return the goods to us as a stamped package and keep the receipt. We will also be happy to reimburse you the postage costs in advance if you do not have to bear them yourself.
A.8.5 Please contact us before returning to announce the return. In this way you enable us to assign the products as quickly as possible. Alternatively, please send us an email to info@toopex.de or send us a fax to the number 02761/8392512.
A.9 Damage in transit
If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer, and please contact us as soon as possible by email to info@toopex.de Alternatively, please send us a fax to 02761/8392512.
Failure to make a complaint or contact has the following consequences for your legal rights warranty rights have no consequences whatsoever. However, they help us to assert our own claims against the carrier or transport insurance.
A.10 Liability for defects
The statutory liability for defects shall apply.
A.11 Warranty
The warranty period for used goods is one year for consumers. In all other respects, the warranty is provided in accordance with the statutory provisions.
In the case of slightly negligent breaches of duty, our liability is limited to the average damage foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. The above limitations of liability do not apply to product liability claims. The following also apply
limitations of liability for damages resulting from injury to life, body or health.
If warranty claims exist against third parties (e.g. the manufacturer), we will be pleased to support you in asserting and enforcing these claims. Your statutory warranty claims remain unaffected.
A.12 Settlement of disputes
We are not prepared and obliged to participate in dispute resolution proceedings before a consumer arbitration body
A.13 Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain effective. The invalid provision shall be replaced by the relevant statutory provisions.
Frequently asked questions
How does the shopping cart system work?
You can mark products without obligation by clicking the button "into the shopping cart".
You can view your shopping cart at any time by clicking the button "proceed to checkout" and remove products from the shopping cart by clicking the button "Delete" if necessary. If you want to buy the products in the shopping cart, click the "Buy" button at the end of the order process.
Do I have to register?
After selecting the products you will be asked to enter your data. The mandatory fields are marked with *. You can optionally create a
Open a customer account and order for future orders after entering your user name and password, without having to enter your address data again.
When will my order become binding?
You can check your entries again on the order page. By clicking the button "Buy" you complete the order process. The process can be cancelled at any time by closing the browser window. On the individual pages you will find further information, e.g. on correction options.
Will my order be saved?
Yes, we store the contract text for verification purposes. If you wish, we will be happy to send it to you by e-mail upon your request. Please send this request by e-mail to info@toopex.de or by fax to 02761/8392512.
B) General Terms and Conditions for Entrepreneurs B.1 Validity
B.1.1 All our deliveries and offers - including future ones - are made exclusively on the basis of our GTC. These are an integral part of all contracts with us; they are valid even if no special reference is made to them.
B.1.2 These General Terms and Conditions of Business mentioned under B.1 to B.10 only apply to companies (§§ 14, 310 BGB), legal entities under public law or special funds under public law. Our GTC apply exclusively. The customer's GTC shall not apply, even if we do not object to them separately. These shall not become part of the contract even if the order is accepted or carried out without reservation.
B.2 Conclusion of contract
B.2.1 The product representations in the online shop serve for the delivery of a
purchase offer by the customer. By clicking the button "Buy" you make a binding offer. We accept the order automatically in our online shop. You will receive an automated confirmation of receipt of your order. This does not yet constitute acceptance of the contract.
B.2.2 We are entitled to accept your order and thus your offer within two weeks by sending an order confirmation or to send the ordered goods within this period.
B.2.3 Unless expressly stated otherwise, our offers are not binding. They are based on information provided by the customer, without knowledge of the customer's circumstances or specifications. He bears the risk that the delivery offered on this basis meets his needs. We can accept orders from the customer within 15 working days. Verbal and telephone agreements require our written confirmation to be legally valid.
B.2.4 Only the delivery note is authoritative for the scope and subject matter of the delivery. If this contains changes to the customer's order, the customer shall be deemed to have given his consent if he accepts the delivery without reservation and does not object to it in writing within a reasonable period of time.
B.2.5 Information or illustrations (e.g. weights, dimensions, service values,
load capacity, tolerances, drawings and technical data), in catalogues,
Price lists or other advertising material, are only approximate, as far as the usability for the contractual purpose does not presuppose an exact agreement. Should our order confirmation contain typing or printing errors or should our price determination be based on technically caused transmission errors, we are entitled to contest the order. Payments already made will be refunded immediately. Obvious errors, printing, writing, calculation and calculation errors are not binding and do not constitute a claim. A reference to technical standards serves as a service description and is not a guarantee of quality.
B.3 Prices, payment
B.3.1 The prices listed on the Internet at the time of ordering apply. Unless otherwise agreed, the prices apply ex domicile plus VAT and shipping.
Unless otherwise agreed, invoices are due immediately without any deductions. The credit to our account is decisive. Discount deduction is only possible with our express written consent. We can demand advance payment when ordering spare parts.
B.3.2 In the event of default in payment and justified doubts as to the customer's ability to pay, we may demand prepayment and/or demand a refund.
right of retention with regard to further performance. In the event of default in payment, rebates, discounts and other privileges become invalid, as well as interest in the amount of 8% points above the base interest rate (§ 288 BGB). This also applies if our commercial credit insurer refuses to insure the customer's claim.
B.3.3 The customer has a right of retention as well as the right to
set-off only to the extent that his counterclaims are undisputed or legally binding.
B.3.4 If the agreed delivery time is more than four months, we reserve the right to change our prices appropriately if cost reductions or increases occur after conclusion of the contract, in particular as a result of wage agreements or changes in material prices. If the price rises by more than 20 %, the customer can withdraw from the contract.
B.4 Delivery
B.4.1 Shipment is made without guarantee of the cheapest kind at the expense and expense of the customer.
Danger of the customer. A delivery time shall be deemed to have been met if the person of dispatch has picked up the consignment for dispatch within this period. We are not liable for delays by the shipping person or in case of force majeure. We shall inform the customer of the occurrence of such events.
B.4.2 Unless unreasonable, partial, excess, short or early delivery is permissible. If the customer wishes an insured shipment, this is possible after prior agreement and at the customer's expense.
B.4.3 Unless otherwise agreed, instruction or advice is not owed. Delivery times are only approximate, unless a fixed delivery time has been expressly agreed.
B.4.4 Compliance with the delivery period is subject to the reservation that
We will inform you of any delays. We are not liable for the fault of our suppliers; any claims for compensation against them are assigned to the customer.
B.4.5 In individual cases, further taxes and/or duties (e.g. customs duties) may be payable by the customer for deliveries abroad in accordance with the regulations of the respective country. We have no influence on these additional costs. For more information, please contact your local customs office. If the customer, who is domiciled outside the Federal Republic of Germany, or his representative, collects services from us and transports or ships them to the external area, the customer must provide us with the proof of export required for tax purposes. If this proof is not furnished, the customer has to pay the value added tax rate of the invoice amount valid for the delivery within the Federal Republic of Germany.
B.5 Retention of title
B.5.1 Until all claims (including all current account balance claims) to which we are entitled against the customer now or in the future for any legal reason have been settled, the customer shall grant us the following securities, which we shall release at our discretion upon request if their value exceeds the claims by more than 20%:
B.5.2 We reserve title to the delivery until receipt of all payments arising from the business relationship. The following applies for the duration of the retention of title:
The delivery remains our property. Processing or transformation shall always take place for us as manufacturer, but without obligation for us. If our ownership expires through connection, it is already now agreed that our thereby resulting
(Co-) ownership of the uniform object shall pass to us in proportion to the net invoice value. The customer shall keep our (co-) ownership free of charge.
The customer is revocably entitled to sell and process the delivery in the ordinary course of business as long as he is not in default.
Pledging and transfer by way of security are inadmissible.
The customer hereby assigns to us by way of security all claims arising from the resale of the delivery, in place of the delivery or otherwise with regard to the delivery (e.g. insurance, tort), including all ancillary rights, irrespective of whether the delivery is resold without or after processing. We hereby accept the assignment. - The customer is revocably entitled to collect the claims assigned to us in his own name for our account. Our authority to collect the claim ourselves remains unaffected by this. We are entitled to disclose such information. - In the event of access by third parties to the delivery, in particular by enforcement, the customer shall inform the third party of our ownership and shall inform us immediately. The customer shall reimburse us for the costs of the intervention if we are unable to enforce reimbursement of costs against third parties.
B.5.3 If our delivery is accepted by the customer as an essential component for the
If a third party's property is built in, the customer hereby assigns to us in proportion to value the claims arising therefrom against the third party or the party concerned. We hereby accept the assignment. In the event of resale of a piece of land whose essential component has become our delivery, the customer hereby assigns to us the resulting claims in proportion to value. We hereby accept the assignment.
If the customer is entitled to a security mortgage pursuant to § 648 BGB, this claim shall pass to us in the amount specified. If the deliveries become an integral part of a plot of land, we may, at our reasonable discretion, demand the granting of a land charge in the amount of the existing claim as security.
B.5.4 Any breach of contract by the customer, in particular default of payment or application for insolvency (liquidation case), entitles us to withdraw from the contract and to demand immediate surrender of the delivery or, if applicable, assignment of the claims.
claims for restitution against third parties. In this case, the customer has no right of retention. Claims for damages, including claims for compensation for lost profit, remain unaffected. We can satisfy ourselves at the taken back delivery by private sale.
B.6 Rights based on defects
B.6.1 It is recommended to carefully examine the received delivery immediately upon receipt (also in the case of a delivery to third parties designated by the customer, e.g. the customer's customer) and to notify any defects immediately in writing ("complaint"). Recognisable transport damage must be documented to the shipping person. In all other respects § 377 HGB applies. If no such notification is made, the delivery shall be deemed to be faultless and in accordance with the order, unless the defect could not be detected during the inspection. Such defects must be reported immediately after their discovery.
The resale, installation or any other use of the delivery complained of shall be deemed to be their approval and as contractual fulfilment and shall exclude claims for defects in this respect.
B.6.2 By negotiating complaints we do not waive the objection that these complaints were not timely, unfounded or otherwise insufficient. Damage mitigation measures are not considered as acknowledgement of defects.
Material-related deviations from the agreed quality and scope as well as changes to the delivery in the course of technical progress, in construction, design, dimensions, weight or colour are permissible within the tolerances customary in the industry, provided that they do not restrict the usability for the contractually intended use, no guarantee exists and can reasonably be expected of the customer if all circumstances are objectively assessed.
If warranty claims exist against third parties (e.g. the manufacturer), the customer will assert these - if requested with our support. The existence of the
Warranty claims remain unaffected by this. We can refuse a type of subsequent performance or the entire subsequent performance if it is only possible with disproportionate costs.
Should we decide in favour of a replacement delivery, this will only be made step by step, if we so desire, against return of the defective delivery. Replaced parts become our property. We shall bear the expenses necessary for the purpose of remedying the defect, insofar as these are not increased by the fact that the delivery was taken to a place other than the place of performance.
B.6.4 If the supplementary performance fails or if both types of supplementary performance are refused by us, the customer may withdraw from the contract and/or claim damages after setting a reasonable grace period. The right to reduction is excluded, unless there is only a minor defect which
The defect was fraudulently concealed or concerns a guarantee of quality.
B.6.5 In case of unsuitable or improper use and/or
Repair, faulty assembly or commissioning by the customer or third parties, non-compliance with the processing guidelines or operating instructions, natural wear and tear, faulty or negligent treatment or storage, improper maintenance and care, unsuitable operating materials, chemical, electrochemical, electrical or environmental influences are not guaranteed unless we are responsible for this. The same applies to changes made without our consent to the delivery, replacement of parts or use of consumables that do not correspond to the original specifications, unless the defect is not based on this.
The customer's right of recourse according to § 478 BGB (German Civil Code) exists only insofar as the customer has not made any agreement with the consumer going beyond the statutory claims for defects. The limitation period according to § 479 BGB only applies if the customer has demonstrably provided warranty to his customer. Further or other claims of the customer against us than those regulated in these GTC due to a defect are excluded.
B.7 Liability
B.7.1 We shall be liable without limitation in accordance with the statutory provisions in the event of personal injury, under the Product Liability Act, the assumption of a quality guarantee, fraudulent concealment of defects, for damage based on intent or insofar as damage is covered by our business liability insurance.
B.7.2 Even in the event of a grossly negligent breach of duty, we shall be liable in accordance with the statutory provisions; our liability shall be limited to the foreseeable damage typical of the contract only in the event of a grossly negligent breach of duty of a non-contractual obligation.
B.7.3 In the event of slight negligence, our liability shall be limited to the foreseeable damage typical for the contract that could be expected to arise in the event of a breach of essential contractual obligations. Our liability is excluded for the rest.
Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. The exclusions and limitations of liability also apply to our organs, legal representatives, employees and other vicarious agents.
B.7.4 The customer is obliged to maintain his own insurance policies (e.g. in particular business interruption insurance) to the extent customary in the industry and structure. Any contributory negligence on the part of the customer must be taken into account.
B.8 Limitation of liability/barring of limitation
B.8.1 In the case of a limitation of liability to the foreseeable contract-typical damage, liability per damage event is limited to EUR 50,000.00 for property damage and to EUR 100,000.00 for other damage; for all damage within a calendar year, however, to no more than twice these amounts. This limitation does not apply if further damages are covered by the existing business liability insurance. If you recognise a typical risk exceeding this maximum liability, it is your responsibility to inform us of this risk so that we can take out additional insurance if necessary.
B.8.2 Unless otherwise agreed, warranty claims become statute-barred after one year from handover/delivery, unless longer periods are prescribed by law in accordance with § 438 para. 1 no. 2 BGB (buildings and objects for buildings) and § 634 a para. 1 no. 2 BGB (construction defects). The warranty is excluded for used goods. In the event of intent or malice, personal injury, product liability or a guarantee, the statutory periods shall apply.
B.8.3 We do not provide any guarantees. A possible guarantee of third parties (e.g. manufacturer's guarantee) remains unaffected.
B.9 Goodwill redemption
For the voluntary take-back of deliveries, i.e. without the existence of a warranty case, we charge the costs incurred by us, e.g. for the restocking at the supplier, but at least 10% of the delivery value. A return is only possible upon presentation of delivery note and/or invoice. Prerequisite is the faultless condition of the delivery in the original outer packaging. Ceramic articles, special productions, as well as parts not in stock are excluded from exchange.
B.10 Final provisions
B.10.1 Amendments and supplements to the contract which are not based on an individual agreement must be made in writing. This also applies to the waiver of the text form requirement. Should provisions of these conditions be or become invalid, the validity of the remaining conditions shall not be affected.
B.10.2 The customer is not entitled to transfer rights from this contract to third parties without our consent. 354 a HGB remains unaffected.
B.10.3 Unless otherwise agreed, our place of business is also the place of performance for warranty claims. If the customer is a merchant or a legal person under public law, our registered office is the exclusive place of jurisdiction. However, we are entitled to sue the customer at the court of his place of residence.
Terms of use
The content of the homepage www.toopex.shop is legally protected. When placing an order in the online shop, the customer submits a binding contract offer. He assures to be an entrepreneur and to make a purchase in the shop solely for commercial purposes.
The user or customer may not use pages of the homepage for purposes other than the initiation and processing of contracts.
As far as product and company names are mentioned, they may be legally protected company trademarks whose unauthorized use may result in obligations to cease and desist and to pay damages.
The information of third parties accessible from the homepage through links is provided by us only as a non-binding service without guarantee for the correctness and legality of the contents that can be called up there. In particular, they do not serve to describe our contractual obligations or the characteristics of the products.
A link, in particular an inline link, to our homepage is not permitted without our written consent. The same applies to the insertion of contents of the homepage into external data collections.
We cannot guarantee the usability and functionality of the homepage at any time. In case of technical problems, the customer is required to contact us by phone, fax or email.
The Internet is not a secure system. It cannot be guaranteed that data transmitted to us is protected from third parties during transmission. The customer is obliged to download a current version of a antivirus program on his computer and to install a data backup to an appropriate extent. We are not liable for damages due to computer viruses.
The use of the homepage for business purposes is only possible if the customer to register and activate it. We reserve the right to change a to refuse registration or to withdraw it after it has been issued or to change, interrupt or stop the operation of the homepage at any time. We are not liable for this change, interruption or discontinuation.
The customer is obliged to hand over the received password only to persons authorized by him, who may legally represent him. If the customer receives the right to assign further passwords, these may only be transferred to authorized and authorized persons. The customer is liable for misuse of the password in his area of responsibility. The right of use may not be transferred to third parties without our consent.