Conditions of Use

OUR GENERAL TERMS AND CONDITIONS


§1 General

1. The following General Terms and Conditions are applicable to all business transactions between the Customer and us. The version valid at the time that a contract is concluded will govern the transaction.
2. A consumer for the purpose of these General Terms and Conditions is a natural person with whom a business transaction is conducted without a commercial or self-employed activity being imputed to him/her (§ 13 German Civil Code - BGB).
A commercial businessperson for the purpose of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity with whom a business transaction is conducted and who acts in accordance with his/her commercial or self-employed activity (14 German Civil Code - BGB).
A customer for the purpose of these General Terms and Conditions is either a consumer or commercial businessperson.
3. Differing, conflicting or supplementary General Terms and Conditions, even if known, will not form part of the contract unless express written consent is given to their validity.

§2 Conclusion of Contract

1. The terms for our goods are without obligation and subject to confirmation. The representation of our goods on the Internet does not constitute an offer but an invitation to place an order. We reserve the right to make technical or other changes, e.g. changes in the form, colour and/or in the weight provided these changes are reasonable.
2. By placing an order for the desired goods, the Customer declares his/her binding proposal for a contract.
The Customer will receive from us an initial acknowledgement that we have received the order. A contract of sale for the articles ordered will only become effective when we have given written confirmation of the order after checking our stocks (order confirmation). This will be effected electronically for orders placed with our online shop (email).
The fact that an order is taken by telephone does not constitute a binding acceptance of the order.
3. We are entitled to accept or decline the proposal for a contract represented by the order within two weeks. If goods are ordered electronically, we are entitled to accept or decline the order within three working days of our receiving it.
4. The conclusion of a contract is made subject to the condition that in the event that we ourselves do not receive correct or proper supplies, we may refuse performance or provide only partial performance. This only applies if we are not responsible for the failure to supply.
We will inform the Customer immediately if the goods are unavailable or only partially available. Any payment made will be reimbursed immediately.
5. Insofar as the Customer orders the goods electronically, we will store the text of the contract and will send this to the Customer on conclusion of the contract.

§ 3 Retention of Title

1. In the case of consumers, we will retain ownership of the goods until the full purchase price has been paid.
In the case of a commercial businesspersons, we will retain ownership of the goods until all our claims from the current business relationship have been settled.. We undertake to release the goods to which we reserve title if their value exceeds the secured claims from the current business relationship by more than 10 %.
2. The Customer undertakes to treat the goods with care while our right of retention exists. If maintenance and service work is required, the Customer must have this performed at his/her own cost.
The Customer must inform us immediately whenever any third party accesses the goods, above all in the event of their being subjected to compulsory enforcement, any form of damage or destruction. The Customer must inform us if the goods change possession and in the event of any change in his/her address.
The Customer must compensate us for any loss or costs that may occur as a result of an breach of these obligations and as a result of any intervention required to prevent the goods from being accessed by third parties.
3. In the event of a breach of contract by the Customer, in particular in the event of a continuing delay in payment, we will be entitled to withdraw from the contract and to demand the return of the goods.
4. A commercial businessperson is entitled to sell the goods in the normal course of his/her business. He/she herewith assigns to us all rights to claims against third parties up to the invoice amount that arise from the resale of the goods. We herewith accept this assignment. Following the assignment, the businessperson is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the businessperson fails to meet his/her payment obligations properly and is in arrears with payment.
The goods must always be handled and processed by the businessperson in our name and on our behalf. If the goods have been processed, we will acquire co-ownership of the new object in the proportion of the value of the goods we supplied. The same applies when the goods are processed or mixed together with other objects which do not belong to us.

§ 4 Prices, Delivery Costs, Payment

1. The prices listed in our online shop on the day the order is placed will be decisive. Price details are given to the best of our knowledge. Nevertheless, should our Internet site contain an obvious error such as a spelling or calculation mistake, we will grant the Customer an immediate right of withdrawal. All prices are quoted inclusive of value added tax at the statutory rate.
The Customer will not incur any additional costs through placing an order using telecommunications.
Changes in the price will only be allowed if the period between the conclusion of the contract and the agreed date of delivery is longer than four months and we are forced to pay a higher price as a result of an interim price increase made by the manufacturer, or the statutory value added tax or customs duties are increased. In this case, the Seller's price ruling on the date of delivery will apply. If the Purchaser is a businessperson for whom the contract is part of the performance of his/her commercial or self-employed activity, price changes will be allowed if the period between the conclusion of the contract and the date of delivery is longer than four weeks.
2. If the purchase involves the carriage of goods, the price excludes delivery costs, which amount to 7.25 GBP within UK.
Delivery is free of charge within UK for orders exceeding € 150. You can view the current delivery costs for foreign orders here.
3. The Customer may choose from the following methods of payment:
  PayPal, saferpay, financing

The load of your credit card account occurs with end of the order

We reserve the right to refuse individual methods of payment. 

4. If the purchase involves the carriage of goods, the Customer undertakes to pay the price of the goods within two weeks of the date of the invoice. After this period the Customer will be deemed to be in default of payment.
A consumer must pay interest on the outstanding amount in arrears in the amount of 5 % above the base interest rate.
A businessperson must pay interest on the outstanding amount in arrears in the amount of 8 % above the base interest rate. We reserve the right to provide evidence of a higher interest claim for arrears against a businessperson and to pursue this claim.
5. The Customer will only have a right to offset this claim against undisputed or legally established counterclaims.

§ 5 Collection/Delivery

1. Orders will only be delivered to addresses in the United Kingdom. Unless otherwise agreed, delivery of the goods ordered will be effected to the delivery address specified by the Customer.

2. Should we be unable to meet the delivery period listed in product page for reasons for which we cannot be held responsible (e.g. unavailability of the ordered article), we will inform the Customer immediately and at the same time specify a new, appropriate delivery date. If the ordered article is still unavailable within the new delivery period, we will be entitled to withdraw from the contract. Any payment already made by the Customer will be reimbursed immediately.

3. We are entitled to make part-deliveries when a contract has been concluded for the delivery of more than one article and, in the circumstances when the contract was concluded, it appeared possible and reasonable for the Customer to accept these individually for their intended purpose.

§ 6 Transfer of Risk

1. For a consumer, the risk of accidental loss of or of accidental deterioration in the purchased goods will not be transferred until the goods are handed over to the consumer, even in the case of the carriage of goods.
2. For a businessperson, the risk of accidental loss of or of accidental deterioration in the purchased goods is transferred to the businessperson when the goods are handed over, in the case of the carriage of goods when the goods are surrendered to the carrier, haulier or any other person or institution entrusted with executing shipment.
The transfer will take place irrespective of whether the Customer is in default with regard to acceptance of the goods.

§ 7 Warranty

1. Consumers may choose whether supplementary performance should be effected through subsequent improvement or through replacement. We are entitled to refuse the type of supplementary performance if this is only possible in connection with disproportionate expense on our part and the alternative method of supplementary performance does not result in substantial disadvantage for the consumer.
For commercial businesspersons, we will provide warranty for defects in the goods in the form of subsequent improvement or replacement at our discretion.
2. Should supplementary performance fail, the Customer may, as a matter of principle, choose to demand a reduction in the payment (abatement) or rescission of the contract (withdrawal) as well as compensation. The Customer is not entitled to withdraw from the contract in the event of only minor defects. If the Customer chooses to demand compensation, the restrictions on liability in accordance with § 8 Subsections 1 and 2 of these General Terms and Conditions will apply.
3. Consumers must notify us in writing of visible defects in the goods within 2 months; otherwise the assertion of the warranty claim will be excluded.
Commercial businesspersons must inspect the goods immediately for discrepancies in quality and quantity and notify us in writing of visible defects within a period of one week following receipt of the goods; otherwise the assertion of the warranty claim will be excluded. We must be notified in writing of hidden defects within a period of one week after they are discovered. The timely dispatch of the notification is sufficient to comply with the deadline. A commercial businessperson is responsible for providing sufficient evidence for the justification of all claims, in particular regarding the defects themselves, the point in time of the discovery of the defect and timeliness of the notice of defect.
  4. For consumers, the warranty period for new goods is three years from the delivery of the goods. For commercial businesspeople, the warranty period is three years from the delivery of the goods. The warranty period for used goods is two years from the delivery of the goods. The two-year period is not applicable if we are to blame for gross negligence, in the case of damage to health and body attributable to us or for loss of life on the part of the Customer. This does not affect our liability under the Product Liability Act.
5. We do not provide our customers with any guarantees in the legal sense. Manufacturers' guarantees remain unaffected.
6. The warranty does not extend to normal wear and tear to the article or to defects that occur after delivery as a result of external influences or operating errors. Warranty claims will also be excluded in the event of improper handling of the article by the Customer.
7. Any notification of defects, other complaints or suggestions should be sent to:
Tanita Online GmbH, Martin-Kollar-Str. 5, 81829 Munich

§8 Limitation of Liability
1. Where only slightly negligent breach of obligation occurs, our liability and that of our agents is limited to the average direct damage typically foreseeable for contracts for this type. We and or agents do not assume any liability for only slight negligent breach of non-fundamental obligation which does not threaten the performance of the contract. The limitations on liability mentioned above do not extend to customer claims concerning product liability or warranty. Moreover, the limitations on liability do not apply to cases of damage to health and body attributable to us or for loss of life on the part of the Customer.
2. We are only liable for our own content on the website of our online shop. Where we provide links to access other websites, we are not responsible for external content that they contain. We do not claim that external content is our own. We will immediately block access to external websites in cases where we are made aware that they contain unlawful content.

§ 9 Consumer's Right of Withdrawal

The Customer may revoke the order for the article in accordance with the provisions contained in the following cancellation policy:

Cancellation Policy

If the Customer is a consumer in terms of § 13 of the German Civil Code (BGB), he/she may revoke the order for the goods in accordance with provisions contained in the following cancellation policy:

You may revoke your contractual declaration within a period of two weeks without giving reasons in written form (for example by letter, fax or email) or by returning the goods. This period does not begin until this policy has been communicated, at the earliest. It is sufficient to send the revocation or to return the goods in order to comply with this period of revocation. Notification of revocation should be sent to:

Tanita Online GmbH, Martin-Kollar-Str. 5, 81829 Munich, info@tanitashop.de

Consequences of Revocation

In the event of revocation becoming effective, any service rendered on either side must be returned and any benefit obtained therefrom (for example interest payments) must be surrendered. You must provide compensation to us if you are unable to return the entire or partial service rendered to you, or only in an impaired condition. This does not apply to the relinquishment of objects if the impairment of the objects can only be ascribed to their inspection as would be possible in a retail store. Moreover, you can avoid the obligation to provide compensation by not using the objects as your own and refraining from undertaking anything that may reduce their value. Goods which can be sent by parcel post must be returned. Goods which cannot be sent by parcel post will be collected. You must bear the costs of returning the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or, in the case of a higher price, if you have not made payment or have not made a contractually agreed part-payment at the time of revocation. Otherwise, returning the goods is free of charge for you. Goods which can be sent by parcel post are returned at our risk.
The right of revocation does not apply to distance contracts for the delivery of goods that are made to the customer's order or are clearly tailored to the customer's personal requirements, which are not suitable for return due to their condition, which can easily perish or whose expiry date has passed. Moreover, the right of revocation does not apply to distance contracts for the delivery of audio or video recordings or software if the seal on the data storage media supplied has been broken. The right of revocation does not apply to distance contracts for the supply of newspapers, journals and illustrated magazines.

§ 10 Data Protection

1. We will use the data you communicate to us for the fulfilment and processing of your order. We will communicate your details to the mail-order company contracted to supply the order if this is required for delivery (name, address, telephone number if required to arrange delivery dates). We may communicate your payment details to our bank in order to process payment. We will not communicate your details to any third party or use them for marketing purposes. Once the contract has been completely executed and the purchase price has been paid in full, we will block your details from further use and delete them after the periods required in tax and commercial law have expired.
2. We take technical and organisational measures to protect our website and other systems from loss, destruction, access, modification and dissemination of your data by unauthorised persons. However, it is not possible to provide complete protection from all risks in spite of regular checks.
You have the right to inquire free of charge about the details we store about you and a right to have the data corrected, blocked or deleted. Please contact the following address if you have any questions about the way in which information about you is gathered, processed or used or in the case of inquiries, corrections, blocking or deletion:
Tanita Online GmbH, Martin-Kollar-Str. 5, 81829 Munich, info@tanitashop.de



§ 11 Final Provisions

1. The law of the Federal Republic of Germany applies exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) is not applicable. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies if the protection afforded is not rescinded by the mandatory legal provisions of the state in which the Customer has his/her usual place of residence.
2. If the Customer is a commercial businessperson, a legal person governed by public law or separate estate under public, the exclusive place of jurisdiction for all disputes arising in connection with the contract is our registered office. The same applies when the Customer has no general domestic place of jurisdiction in Germany or when his/her domicile or usual place of residence is unknown at the time when action is brought.
3. Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become partially or entirely invalid, the remaining provisions will remain unaffected. The entirely or partially invalid provisions will be replaced by provisions that most closely correspond to the economic intent of the invalid ones.