Terms and Conditions (Tropik Home Textil GmbH)
Table of Contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of title
- Liability for Defects (Warranty)
- Liability
- Redeeming promotional vouchers
- Applicable Law
- Place of jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Tropik Home Textil GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but rather serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller may accept the customer's offer within five days,
- by providing the customer with a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login data.
2.5 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct their entries using standard keyboard and mouse functions within the electronic ordering process until they click the button that completes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting a payment method offered via the "Stripe" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, of which the customer may be notified separately. Further information on Stripe is available online at https://stripe.com/de.
5) Delivery and Shipping Terms
5.1 If the seller offers shipping, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order process shall be authoritative.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of shipping the goods to the customer, this does not apply if
