General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of TARGA GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller with regard to the goods presented 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 GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC 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 self-employed professional activity.

2) Conclusion of the 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 serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, fax or post.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiry of the fifth day following the dispatch 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the text of the contract will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller will not make the contract text accessible beyond this. If the Customer has created 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 may be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing is generally carried out automatically by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring funds charged by financial institutions (e.g. transfer fees, exchange-rate fees) or import duties and/or taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise if 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 available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which the Seller makes advance performance vis-à-vis the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a creditworthiness check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the creditworthiness check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment with discharging effect may only be made to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general Customer enquiries, e.g. concerning the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.6 If the payment method “purchase on account” is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the purchase-on-account payment method only up to a certain order value and to reject this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information in the online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive.

5.2 If 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. This does not apply to the costs of initial shipment if the Customer validly exercises their right of withdrawal. With regard to return shipping costs, if the Customer validly exercises their right of withdrawal, the provisions set out in the Seller’s withdrawal policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass only upon delivery of the goods to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer, even if the Customer is a consumer, as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event that the Seller itself is not supplied correctly or properly. However, this shall apply only if the failure to supply is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and any consideration already paid shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance of payment, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• for used goods, claims for defects shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above shall not apply

• to claims by the Customer for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
• to any obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery service about delivered goods showing obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee, unless otherwise stipulated in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability shall be excluded unless the Seller is liable without limitation pursuant to the preceding paragraph.

8.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.