General terms and conditions
1 General, Customers and Language
(1) All offers, purchase agreements, deliveries and services based on orders placed by our customers (hereinafter referred to as Customers) via our online store www.tilsberk.com (hereinafter referred to as the "Online Shop") shall be subject to these General Terms and Conditions. If the order is placed via other internet platforms or online stores or similar, these General Terms and Conditions shall apply if reference is made to them there.
(2) The product range in our online store is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(3) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
(4) Contracts with the Customer shall be concluded exclusively in German or English, depending on whether the Customer places the order via the German-language or English-language page of the online store. If the Customer places the order via our German-language website, the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.
2 Conclusion of Contract
(1) Our offers in the online store are non-binding.
(2) By placing an order in the online store, the customer makes a binding offer to purchase the product in question. The customer can select products from our range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "order with obligation to pay" he makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application. We may accept the offer until the end of the fifth business day following the day of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only be concluded upon our acceptance.
(4) Any customer who is a consumer shall be entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to the customer on our website as part of the order. Reference is made to clause 10.
3. prices and payment
(1) Our prices include the statutory sales tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we shall only deliver against advance payment (in the manner specified in the online store on the order form) or cash on delivery, in each case issuing an invoice with a payment reference.
(3) If delivery on account is agreed, the invoice amount shall become due upon receipt of the invoice and shall be paid within ten (10) working days from the invoice date, unless the customer proves that there are more than three (3) working days between the invoice date and receipt. In this case, default shall not occur until seven (7) days after receipt. The default interest rate for the year shall be five (5) percentage points above the base interest rate for consumers and nine (9) percentage points above the base interest rate for entrepreneurs. Costs of € 2.50 shall be charged for each reminder. In the case of companies, Section 288 (5) of the German Civil Code (BGB) shall apply.
(4) The customer has no right of set-off or retention, unless the counterclaim is based on the same legal transaction, or is undisputed or legally established.
(4) Periods for the dispatch of the goods, sale, partial deliveries
(1) All periods for shipment of the goods specified by us in the order or otherwise agreed upon shall commence (i) if delivery against advance payment has been agreed upon, on the day of receipt of the full purchase price (including VAT and shipping costs) or (ii) if payment against cash on delivery or invoice has been agreed upon, on the day of the conclusion of the purchase contract. The date of handover of the goods by us to the shipping company shall be decisive for compliance with the shipping date.
(2) Deadlines specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within five (5) working days shall be deemed agreed.
(3) We shall be entitled to sell the goods at any time (even if they are marked as "in stock" on the order form) if the delivery is made against advance payment and we do not receive the payment within a period of (five) business days after our acceptance of the offer. In this case, shipment within the agreed period or the period indicated by us shall only take place while stocks last; otherwise, a period of (three) weeks shall apply.
(4) In the event that our supplier fails to deliver to us in due time goods which are indicated on the order form as "not in stock" or which have been sold out pursuant to para. 3, the relevant shipping period shall be extended until delivery by our supplier plus a period of three working days, but in total by a maximum period of three weeks, provided in each case,
- we are not responsible for the delay in delivery by our supplier and
- we have reordered the goods prior to the conclusion of the purchase contract (or, in the case of para. 3, the time of the sale) in such a timely manner that a timely delivery could be expected under normal circumstances.
(5) If, through no fault of our own, the goods are not available or are not available in time despite timely reordering, we shall be entitled to withdraw from the purchase contract. We shall notify the customer immediately of the non-availability of the goods and, in the event of withdrawal, reimburse the customer without delay for any payments made to us.
(6) If the customer has purchased several separately usable products in one order, we may also ship them in several separate deliveries, whereby we shall bear the additional shipping costs caused thereby. The legal rights of the customer with regard to the timely and proper delivery of goods shall not be limited thereby.
(5) Mode and duration of shipment, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
(2) We shall only owe the timely, proper delivery of the goods to the transport company and shall not be responsible for any delays caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding. If we have undertaken installation or assembly work, we shall, however, in deviation from this, owe the timely completion of this work and handover to the customer at the contractually agreed place and date.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental destruction of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company, provided that we are only responsible for the shipment. If we have undertaken installation and assembly work at the customer's premises, however, the risk shall always pass to the customer upon completion of such work and upon handover of the goods to the customer.
(4) We shall insure the goods against the usual transport risks at our expense.
6. retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) Without our prior written consent, the customer shall not be entitled to dispose of the title to the goods delivered by us and still subject to retention of title ("Retained Goods"). The disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) shall remain permissible as long as the third party is made aware of our right of ownership.
(3) The customer shall treat the reserved goods with care.
(4) In the event of access by third parties - in particular by bailiffs - to the reserved goods, the customer shall point out our ownership and notify us immediately so that we can enforce our ownership rights.
(5) In the event of default in payment, we shall be entitled to demand the return of the reserved goods if we have withdrawn from the contract.
7 Warranty
(1) If the delivered goods are defective, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, we may, however, choose between rectification of the defect or delivery of a defect-free item; this choice may only be made by notifying the customer in text form (also by fax or e-mail) within three working days of receipt of the notification of the defect.
(2) When assessing whether the goods are in conformity with the contract or whether there is a defect, the respective product and property descriptions as well as the product-related information and conditions, possibilities and restrictions of use shall be observed as well as product-specific cooperation obligations of the customer.
(3) If the supplementary performance pursuant to Section 7 (1) fails or is unreasonable for the customer or if we refuse the supplementary performance, the customer shall be entitled in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. However, the special provisions of Section 9 of these General Terms and Conditions shall apply to the customer's claims for damages.
(4) The warranty period shall be two years from delivery vis-à-vis consumers and one year vis-à-vis entrepreneurs. The warranty period shall commence upon delivery of the purchased goods.
(5) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the Customer if a defect is not reported to us (i) in the case of obvious defects within (five) working days after delivery or (ii) otherwise within five working days after discovery of the defect.
8 Industrial property rights and copyrights
(1) Insofar as software is a component of the goods, the customer shall be granted the non-exclusive right to use this supplied software in connection with the use of the goods.
(2) The customer shall not be entitled to make copies of the software, except for the purpose of use pursuant to Section 8 (1) or for backup purposes.
(3) The Customer may only transfer the rights granted to it in the Software to a third party if at the same time the ownership of the relevant product (in particular hardware product) is transferred to this third party and the Customer does not retain any copies of the Software.
(4) Under no circumstances shall we be obliged to disclose the source code of the Software.
9 Liability
(1) Claims for damages on the part of the customer are excluded unless otherwise stipulated below. We shall also not be liable (irrespective of the legal grounds) for damage which is not typically to be expected in the normal use of the goods. Our liability is also excluded for damages resulting from loss of data, insofar as these result from the fact that the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above exclusion of liability shall also apply in favor of our legal representatives and vicarious agents if the customer asserts claims against them.
(2) Excluded from the exclusion of liability pursuant to Section 9 (1) are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. we must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Insofar as liability for material damage and financial loss exists on the merits according to this paragraph and is based on the breach of material contractual obligations, it shall, however, be limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
(3) Also excluded from the exclusion of liability is liability for warranted characteristics within the meaning of § 444 BGB (German Civil Code) as well as for damage caused by intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents.
(4) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
10. right of revocation
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform about below in accordance with the statutory provisions. The exceptions to the right of withdrawal are set out in Clause 10 (2). A mandatory revocation form can be found in Section 10 (3).
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Digades GmbH Digitales und analoges Schaltungsdesign, Äußere Weberstraße 20, 02763 Zittau, e-mail: Ser-vice [at] tilsberk.com (Ser-vice[at]tilsberk[dot]com), phone: (0 35 83) 57 75-0, fax: (0 35 83) 57 75-444) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
- End of the cancellation policy -
(2) When exercising the right of withdrawal, the following exceptions must be observed:
1. Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of withdrawal does not exist for contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
2. special notes on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of cancellation shall expire prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal shall expire prematurely if the seal has been removed after delivery.
(3) Sample cancellation form
If you want to cancel the contract, please fill out this form and send it to us.
Digades GmbH Digitales und analoges Schaltungsdesign
Äußere Weberstraße 20
02763 Zittau
E-Mail: Service [at] tilsberk.com (Service[at]tilsberk[dot]com)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
(We ask you to exactly designate the articles with article number here. This is not required by law, but you will help us to process the transaction better. Thank you very much)
Ordered on... (*)/received on... (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (paper communication only):
Date:
(*) Please delete where inapplicable.
11. data protection
Digades GmbH Digital and analog circuit design, Äußere Weberstraße 20, 02763 Zittau, e-mail: Service [at] tilsberk.com (Service[at]tilsberk[dot]com), phone: (0 35 83) 57 75-0, fax: (0 35 83) 57 75-111) processes your data as the responsible party for the performance of the contract (Art. 6 (1) lit. b DSGVO) and for advertising purposes (Art. 6 (1) lit. f DSGVO). You can object to the processing of your address at any time. Consents granted can be revoked at any time. To exercise your rights, please contact the above address, Data Protection Department, or by e-mail to service [at] tilsberk.com (service[at]tilsberk[dot]com). Detailed information on data protection can be found on the Internet: https://tilsberk.com/policies/privacy-policy.
12 Battery Act and Electrical Equipment Act
(1) Information on the disposal of used batteries, Section 18 of the German Battery Act (BattG)
The following information is intended for those who use batteries or products with built-in batteries and no longer resell them in the form delivered to them (end users):
1. free return of used batteries.
Batteries must not be disposed of with household waste. You are legally obligated to return used batteries so that proper disposal can be ensured. You can return used batteries to a municipal collection point or to your local retailer. As a distributor of batteries, we are also obliged to take back used batteries, although our obligation to take back used batteries is limited to those that we carry or have carried as new batteries in our range. Used batteries of the aforementioned type can therefore either be returned to us with sufficient postage or handed in directly to our dispatch warehouse free of charge at the following address: 20, 02763 Zittau,
2. meaning of the battery symbols
Batteries are marked with the symbol of a crossed-out garbage can (see below). This symbol indicates that batteries must not be disposed of in household waste. For batteries containing more than 0.0005 percent mercury by mass, more than 0.002 percent cadmium by mass, or more than 0.004 percent lead by mass, the chemical name of the respective pollutant is located below the trash can symbol - where "Cd" stands for cadmium, "Pb" stands for lead, and "Hg" stands for mercury."
(2) Information on the disposal of electrical and electronic equipment, § 18 ElektroG.
In accordance with the law on the marketing, return and environmentally sound disposal of electrical and electronic equipment (ElektroG), we inform you of the following:
- Electrical and electronic equipment that has become waste is considered old equipment. Owners of old appliances must dispose of them separately from unsorted municipal waste. Old appliances must therefore not be disposed of with household waste; they are therefore marked with the symbol of a crossed-out dustbin shown in item 12 (1) 2.
- Owners of waste equipment must separate spent batteries and accumulators that are not enclosed in the waste equipment from the latter before handing it in at a collection point, unless the waste equipment is handed in to public waste management authorities and separated from other waste equipment there for the purpose of preparation for reuse.
- Owners of WEEE from private households can hand it in at the collection points of the public waste management authorities or at the take-back points set up by the manufacturers or distributors as defined by the ElektroG. An online directory of collection and take-back points can be found here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen….
- Waste equipment, especially information technology and telecommunications equipment such as computers and smartphones, may contain personal data. The owner is responsible for deleting this data on such old devices before they are disposed of.
13 Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany subject to mandatory international private law provisions, excluding the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his habitual residence in another country, he shall be protected by the relevant provisions of the country of residence, which may not be deviated from by agreement.
(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (place) shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction by virtue of statutory provisions.
14. dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
