General Terms and Conditions

1. Scope of application

The following terms and conditions apply for all orders placed in our online shop by either consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted, they only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The purchase contract is concluded with TACWRK GmbH.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.

At what point the contract is concluded with us, depends on the method of payment chosen by you:

Prepayment / Direkt bank transfer

We accept your order by sending an acceptance declaration in a separate e-mail within two days, in which we give you our bank details.

Credit card

When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Direct bank transfer „sofortüberwesung“ (Klarna)

After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment order. This is how the contract is concluded with us.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. The contract text is not saved by us.

4. Terms of delivery

In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers. We deliver via dispatch. You can only pick up the goods yourself after prior consultation and according to our showroom opening hours.

5. Payment

The following payment methods are available to in in our shop:

Prepayment / Direkt bank transfer

If you choose prepayment, we will send you our bank details in a separate E-Mail after you have placed your order and deliver the goods after receipt of payment.

Credit card

When you place your order, you also send us your credit card details. After your legitimation as the rightful cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. 
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Direct bank transfer „sofortüberweisung“ (Klarna)

After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

6. Retention of title

The goods remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

This applies to consumers: If goods with obvious transport damage are delivered, please complain about such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

This applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise, the statutory liability for defects shall apply. If used goods are purchased by consumers, the following shall apply: if the defect occurs after one year from delivery of the goods, claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. With regard to entrepreneurs, only our own details and the manufacturer's product descriptions, which were included in the contract, shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • to the extent that the scope of application of the Product Liability Act has been opened up

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: We are happy to answer your questions and make suggestions. Simply send us an E-Mail at [email protected] or contact us on weekdays between 13h and 17h by telephone. We will reply within 24 hours on weekdays.

9. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

  • in the event of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of guarantee promises, if agreed, or
  • to the extent that the scope of application of the Product Liability Act has been opened up

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/

It is a standardised complaint form for consumers in all official EU languages. These complaints are then forwarded to the company concerned. Participation is free and voluntary for consumers and voluntary for businesses. A competent consumer mediation body then tries to find a solution out of court. However, the responsible consumer arbitration board must be furnished still in Germany.

We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration board.

11. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we will ensure by using a reliable procedure including a personal identity and age check that the orderer has reached the required minimum age. The deliverer hands over the goods only after an age check and only to the customer personally.

12. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

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Showroom in Berlin

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