General Terms and Conditions with Customer Information

Table of contents

1. Scope of application
2. Formation of contract
3. Right of cancellation
4. Prices and terms of payment
5. Terms and conditions for delivery and shipping
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Jurisdiction and venue
10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTCs”) of TARGA GmbH (hereinafter referred to as the “Seller”) shall 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 displayed by the Seller in its online shop. The Seller hereby objects to incorporation of the Customer’s own terms and conditions, unless otherwise agreed

1.2 For the purposes of these GTCs, a consumer is any natural person who enters into a transaction for purposes that are predominantly neither commercial nor a part of that person’s self-employment.

1.3 An entrepreneur within the meaning of these GTCs is a natural person or legal entity or partnership with legal capacity who, when concluding a transaction, is acting in the exercise of his or its commercial or self-employed professional activity.

2) Formation 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 are intended to facilitate submission of a binding offer by the Customer.

2.2 The Customer may submit his or her offer via the online order form which is integrated into the Seller’s online shop. After placing the selected goods in his or her virtual shopping basket and going through the electronic order process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking on the button that completes the order process. Furthermore, the Customer may also submit his or her offer to the Seller by telephone, fax, e-mail or post.

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

• by sending the Customer an order confirmation either in writing or in text form (fax or e-mail) in which case the receipt of the confirmation by the Customer shall be deemed determinative, or
• by delivering the goods ordered by the Customer to him or her, in which case the receipt of the goods by the Customer is deemed determinative, or
• by requesting payment from the Customer after the Customer has placed his or her order.

Where more than one of the above-referenced alternatives are present, the contract shall be deemed formed at the time at which one of the foregoing alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends his or her offer and ends with the expiry of the fifth day following the Customer’s sending of the offer. If the Seller does not accept the Customer’s offer within the above-referenced period, this shall be deemed to constitute a rejection of such offer, with the consequence that the Customer is no longer bound by his or her declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, then payment will be processed by 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 PayPal’s User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, which are available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by a payment method offered by PayPal that is selectable during the online order process, the Seller is already deemed to confirm acceptance of the Customer’s offer at such time as the Customer clicks on the button that completes the order process.

2.5 Where an offer is made via the Seller’s online order form, the text of the contract will be stored by the Seller after the contract has been formed and transmitted to the Customer in text form (e.g. by e-mail, fax or letter). The Seller will not provide the Customer with the text of the contract beyond the foregoing.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer has the ability to identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognition of input errors may be to use the enlargement function of the browser, which enlarges the display on the screen. The Customer may correct his or her entries during the electronic order process using the usual keyboard and mouse functions until he or she clicks on the button which completes the order process.

2.7 The option of concluding the contract in either German or English is provided.

2.8 Order processing and Customer contacts are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address he or she has provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties engaged by the Seller to process his or her order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s instruction on cancellation.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are gross prices including the statutory VAT. Any additional delivery and shipping costs will be indicated separately in the relevant product description.

4.2 In the case of deliveries to countries outside the EU, further charges may be incurred in individual cases, for which the Seller is not responsible, and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country which is outside the EU but the Customer makes the payment from a country which is outside the EU.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 Where the Customer selects the payment method “PayPal Direct Debit”, PayPal will collect the invoice amount from the Customer’s bank account after a SEPA direct debit mandate has been issued, but not prior to the deadline for pre-notification on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer which announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the Customer’s account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit although he is not entitled to do so, then the Customer shall bear the charges incurred from the respective credit institution as a result of the charge-back if he or she is responsible for this.

5) Terms and conditions for delivery and shipping

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery zone indicated by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order handling process shall be deemed decisive for the processing of the transaction.

5.2 If the delivery of goods fails for reasons for which the Customer is responsible, then the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to shipping costs if the Customer effectively exercises his or her right of cancellation. In the event of an effective exercise of the right of cancellation by the Customer, the contract clause contained in the Seller’s advice on rights of cancellation will apply to the costs of returning goods.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold to the Customer shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or any other person or institution designated to undertake the shipment. If the Customer is acting in the capacity of a consumer, then the risk of accidental loss and accidental deterioration of the goods sold to the Customer shall, in principle, only pass to the Customer or person authorised to receive the goods when the goods are handed over to the Customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, carrier or person or institution otherwise designated to undertake the shipment, if the Customer commissions such forwarding agent, carrier or person or institution otherwise designated to undertake the shipment, and the Customer has not previously identified this person or institution to the Seller.

5.4 The Seller reserves the right to resile from the contract in the event of a failure to obtain correct or proper deliveries of goods to itself. This shall only apply in the event that the Seller is not responsible for the failure of delivery of goods to it and the Seller has, exercising all due diligence, concluded a specific covertransaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration refunded without delay.

5.5 Collection of goods in-person is not possible for logistical reasons.

6) Retention of title

If the Seller renders contract performance in advance, the Seller shall be deemed to retain title to the goods delivered until the purchase price owed is paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the provisions below, the legal rules on statutory liability for defects shall apply. In derogation from this, the following applies to contracts for the delivery of goods:

7.2 If the Customer is acting in the capacity of an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
• in the case of used goods, the Seller hereby disclaims any rights and claims for defects;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-referenced limitations of liability and abbreviation of the limitations period shall not apply to # claims for damages and reimbursement of expenses of the Customer,

• cases in which the Seller has fraudulently concealed the defect,
• goods which have been used in accordance with their customary use for building and have resulted in the cause of its defectiveness,
• any existing obligation of the Seller to provide updates to digital products, in the case of contracts for delivery of goods with digital elements.

7.4 In addition, with respect to entrepreneurs, the statutory limitations period for any legal recourse claim that may exist shall remain unaffected.

7.5 If the Customer acts in the capacity of a merchant within the meaning of sec. 1 of the German Commercial Code [German acronym: HGB], then he or she shall be subject to the commercial duty to inspect and notify the Seller of defects pursuant to sec. 377 HGB. If the Customer fails to comply with the duties of notification which are provided for in that section, the goods shall be deemed to have been approved.

7.6 If the Customer is acting as a consumer, he or she is requested to raise objections to delivered goods with obvious transport damages with the party making the delivery and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8) Applicable law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the Law on the International Sale of Moveable Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer’s habitual residence is located.

9) Jurisdiction and venue

If the Customer is a merchant, a legal entity under public law or special fund under public law with its registered office within the territory of the Federal Republic of Germany, then exclusive jurisdiction for all disputes arising from this contract shall lie with the courts at place of the Seller’s registered office. if the Customer has its registered office outside the territory of the Federal Republic of Germany, then exclusive jurisdiction for all disputes arising from this contract shall lie with the courts at the place of the Seller’s registered office if the contract or claims arising from such contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to bring an action in the courts at the Customer’s place of business.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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