Terms of Trade of Toplicht GmbH
Supplier
Toplicht GmbH
Notkestr. 97
22607 Hamburg
Tel.: 040-8890100
Fax: 040-88901011
E-Mail: toplicht@toplicht.de
CEO / Owner: Gesa Thönnessen
Commercial Register: HRB26880
VAT number: DE118546088
1. Scope of Application
All offers, orders and deliveries of TOPLICHT GmbH are subject to the legal regulation, unless otherwise stipulated in the following General Terms and Conditions (GTC).
2. Conclusion of Contract
2.1 The presentation of the products on our websites, the printed catalog and brochures does not constitute a legally binding offer, but only a non-binding (online-)catalog of the product range, which invites to place an order (an offer). All offers are subject to technical changes as well as other changes, such as in the shape, color and / or weight of the product.
2.2 The minimum order value is (in each case including the statutory VAT) EUR 25.00, except for shipments with pyrotechnic signaling devices, for these shipments the minimum order value is EUR 150.00.
2.3 After filling in your personal data and by clicking the button „Buy now“ in the final step of the ordering process, you place a binding order (offer to conclude a contract) for the goods / services contained in the shopping cart. An automatic „order overview“ is send by email immediately after submitting the order. This „order overview“ does not yet present the purchase contract. We can accept your order by sending an order confirmation by e-mail, fax, telephone or by delivering the goods within 10-14 days.
3. Prices and Shipping Costs
3.1 All our prices mentioned are displayed in EURO and include the value added tax (VAT) prescribed by law.
3.2 Unless otherwise agreed, the customer incurs additional costs from shipping (postage or freight), cash on delivery charges or from export documentation, which can be found in the shipping costs list. These costs will be indicated in advance during the ordering process. Separate packaging costs do not apply.
3.3 No VAT will be charged for shipments outside the EU and within the EU provided that a valid VAT identification number is supplied by the customer.
4. Payment and Delivery
4.1 The payment of goods and shipping is made by direct debit, credit card debit, PayPal, cash on delivery, invoice or prepayment. TOPLICHT reserves the right to exclude certain payment methods in individual cases.
4.2 The delivery time is quoted from receipt of payment in case of pre-payment. In the case of delivery against invoice, payment is payable within 14 days of the invoice date, unless otherwise agreed. In case of delayed payment, we will charge overdue fines and customary bank interests. We offer a 2% discount for payment by direct debit.
4.3 Delivery is made by parcel service or, in the case of bulky or overweight shipments, by freight forwarding. Other forms of shipment are possible at the request of the customer, but require prior agreement.
5. Customer Service / Complaints from the Customer
Please contact TOPLICHT GmbH at the abovementioned address if you have any questions about our products or if you have any complaints. You can also address inquiries and complaints to us by telephone or e-mail, these will then be processed immediately.
6. Returns
The right of return is regulated in the withdrawal policy.
7. Reservation of title
We deliver only on the basis of the following reservations of title.
7.1 For sales to non-commercial customers, the simple retention of title applies: The sold goods remain our property until full payment of the purchase price including all ancillary claims. The buyer agrees not to dispose of the goods by sale, lease, pledge, loan or in any other way until full payment has been made. As long as we are still the owner of the goods, the customer must inform us immediately if third parties assert rights to the goods, regardless of the kind.
7.2 For sales to commercial customers, the extended reservation of title with processing clause shall also apply: The buyer shall be authorized to resell the reserved goods delivered by us in the ordinary course of business. The buyer shall assign to us in advance all claims against third parties arising therefrom in the amount of the total respective invoice value including value added tax. Notwithstanding these claims, the buyer shall further remain entitled to collect these claims. Any processing, mixing and transformation of our goods by the buyer shall always be carried out in our name and on our behalf, without any further obligations arising for us. In the event of processing with other goods not belonging to us, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of our reserved goods to the purchase price of the other processed goods (at the time of processing).
8. Warranty and Guarantee
All goods from our store are subject to statutory warranty rights. The warranty and guarantee conditions are governed by the statutory terms, unless otherwise provided in the following.
8.1 Excluded from this warranty/guarantee are damages caused by incorrect assembly, normal wear and tear, improper use and insufficient or incorrect care.
8.2 Warranty conditions: In case of doubt, the presentation of the items on the website is to be regarded as a description of service only, and in no case as a warranty for the quality or durability of the goods. TOPLICHT GmbH‘s own guarantees must be expressly stated as such in written form. Warranty declarations of third parties, in particular manufacturer‘s warranties, remain unaffected by this.
9. Applicable law, Place of Fulfillment and Jurisdiction
Applicable law, place of performance and jurisdiction: The law of the Federal Republic of Germany applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the statutory protection granted is not withdrawn by mandatory law of the country in which the consumer has his habitual residence.Insofar as the customer is an entrepreneur or a legal entity under public law or a special fund under public law, the place of fulfilment for all obligations arising from the contractual relationship, including any warranty claims, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Toplicht GmbH in 22607 Hamburg.
10. Settlement of disputes procedure
TOPLICHT GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Link to the European Commission’s online platform for extrajudicial online dispute resolution.