Terms and Conditions

General terms and conditions

Terms and conditions ´s

These terms and conditions underlie all supplies and services company Tourgreen due to online orders over the Internet or other online services. Different and/or supplementary agreements require the express written consent of Tourgreen; this applies also to a Abbedingung of written form erfordernisses.
Tourgreen is promptly meet agreed or specified delivery times whenever possible. They are exceeded by more than six weeks the customer has the right to put rejects the inspection of the merchandise after the deadline a grace period with the note. This grace period shall be at least 2 weeks. Then agree on a new delivery date shall not come, so the customer may rescind after the grace period by written declaration of the Treaty. The buyer in the event of delay or the inability to require compensation for non-performance limited it for negligence to no more than 5 % of the purchase price and includes only compensation for direct damage, so in particular not replacement of lost profit or any other indirect damage. Further claims of the buyer - especially on delivery - are excluded.
The risk is over to the customer once the product has been surrendered to the carrier and has left the warehouse. This also applies if Tourgreen took the transport costs. The customer has complaints because transport damage directly against the carrier within the time limits provided to give. Consignments of customers at Tourgreen, the customer bears all risk, in particular the transport risk until it reaches the goods from Tourgreen in Schesslitz.
Invoices from Tourgreen are immediately due and payable without any deductions. From the 14. Day after invoice date parties Tourgreen for payment of interest on arrears of 5 % above the respective base rate of the European Central Bank (ECB) are obliged under article 1, paragraph 1 of the German Diskontsatz transfer Act (DÜG). After eliminating the base rate, based on the above agreed contractual interest is the Steuerungsmittel of the ECB, which is officially set DÜG as a reference for Germany according to § 1 paragraph 2. Vorstehendes is where Tourgreen a less strain of company Tourgreen proves higher interest or the purchaser without a previous reminder required. Checks are accepted only maintenance purposes. Any expenses shall be borne by the customer. A set-off is allowed only with undisputed or court judicata demands. An entitled may be only invoked the customer unless it is based on same contractual relationship.
Insofar as these are identifiable by reasonable inquiries, complaints because deliverables, Sachmängeln, wrong deliveries and quantity differences are immediately but no later than within two weeks after receipt of the goods in writing to give. The guarantee period by Tourgreen is six months from receipt of the goods. On legitimate complaints is Tourgreen nachliefern out-of-stock and moreover subject of exclusion its discretion the commodity exchange, they withdraw or buyer give a discount. The second replacement is defective, in the case of Umtausches of product entitled to cancellation of the contract (conversion) or reduction of the purchase price (reduction) is to the buyer. For deficiencies in all services is limited to repair. If not disposed of the error or more repair attempts are unreasonable for the customer, the customer instead of repair conversion or reduction may require his discretion. Moreover, further claims of the customer, which related to a defective or incorrect shipment or breach of contractual ancillary obligations when shipping excluded, and indifferent, on what legal basis it may be based are (also tort, positive breach of contract, breach of obligations in the contract negotiations). This exclusion does not apply to a claim based on an intentional or grossly negligent breach of Tourgreen or a legal representative or vicarious agents. In the absence of assured properties entitled to compensation for non-compliance remains unaffected.
The merchandise remains until complete payment of the purchase price the customer owned by Tourgreen. Reservation of property also remains for all claims which subsequently acquires Tourgreen against the buyer regarding the merchandise due repairs and other services. Duration of Eigentumsvorbehaltes, the buyer to possession and contractual use of merchandise is entitled until he timely fulfil its obligations under the retention of title and its obligations under the business relationship. The customer undertakes to provide all necessary within a rights tracking from agreed reservation of title information Tourgreen. Where computer programs are included, a simple perpetual right is basically the buyer to the load and off phasing programme and granted to create a backup copy where the license terms of concerned programme nothing different. Accordingly the individual rights governed by the terms of the manufacturer.
Tourgreen is entitled to collect the necessary within the business relation personal data of customers within the meaning of the German Data Protection Act, save and process.
The invalidity of individual points of this general current does not affect the validity of the remaining provisions. A new provision which comes closest to their economic impact the invalid provision will replace the invalid provision. Jurisdiction for contracts which were closed, including these terms and conditions is Bamberg. Es gilt das Recht der Bundesrepublik Deutschland.