General Terms and Conditions (GTC)
The object of the TEATOX® brand is trade tea blends and tea accesories (TEATOX GmbH, Waldemarstraße 38, 10999 Berlin, DE). The Guidance required by law on the consumer's right of withdrawal inregarding distance-contracts can be found in Point 6 of these GTC. Managing Directors: Michael Decker, Felix Ilse, HRB 153438; VAT ID No: DE 291 649 652. When you purchase a product from TEATOX®, the following Terms and Conditions of Business come into force between you, the customer and TEATOX GmbH, the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order under the contact details, which can be found in Point 10 of these GTC.
§1 Scope of Application
(1) These Terms and Conditions of the company TEATOX GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
(2) A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
§2 Contractual partner, language and conclusion of contract
(1) Your contractual partner is TEATOX GmbH, Waldemarstraße 38, 10999 Berlin, DE, Tel: +49 (0) 30 220124510.
(2) The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
(3) The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
(4) The seller may accept the Client's offer within five days,
- by transferring a written order confirmation or an order conformation in written form by e-mail; insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
(5) The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
(6) In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller's online shop prior to submitting his order.
(7) The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
(8) For purchases from the online shop at https://www.teatox.de the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the despatch of the Confirmation e-mail), you have not made payment within three weeks of the despatch of the Confirmation e-mail, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore it is possible to reserve goods only for a maximum of three weeks.
(9) The German language is exclusively available for the conclusion of the contract.
(10) Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
§3 Prices and Shipping Costs
(1) For purchases on http://www.teatox.de the following shall apply: For orders in our Internet shop the prices listed in the offer at the time of ordering shall apply. The prices quoted are total prices, that is, they include the statutory German Value Added Tax currently in force and other pricing components.
(2) Free shipping on orders above 80 €. In addition to the quoted prices we charge 3.90 € per order under 50 € for delivery within Germany. Shipping fees include postage, packing & insurance. All returns and a one-off exchange of goods ordered shall be postage paid.
(3) Irrespective of the order value we charge a flat rate of 6.90 € for deliveries European countries.
(4) For deliveries in non-EU countries abroad customs duties, taxes and fees shall be payable. Further information on customs duties can be found, for example, on http://ec.europa.eu/taxation_customs/cu stoms/customs_duties/tariff_aspects/cu stoms_tariff/index_de.htm. Further information on import taxes can be found on http://auskunft.eztonline.de/ezto/Welcome.do and information specific to Switzerland on http://xtares.admin.ch/tares/login/loginFormFiller.do
§4 Payment and delivery
(1) For purchases on http://www.teatox.de/ we offer the following methods of payment: payment in advance, PayPal and Sofortüberweisung. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credits exclusively in electronic form.
(2) Where goods are paid for by credit card, your credit card will be debited when the order is despatched. In payment in advance the payment shall become due on receipt by the customer of the order confirmation.
(3) We use DHL for postal despatch within Germany.
(4) We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.
(5) Our obligation to deliver shall cease to apply, where we ourselves, despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and where we have notified the customer without delay and have not accepted a procurement risk. In the event of non-availability of the goods we shall reimburse any pre-payment without delay.
(6) In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
(7) In the case of sale by delivery to a place other than the place of performance the risk of accidental destruction and accidental deterioration of the goods purchased shall pass to the consumer on the surrender of the goods to the consumer or to a recipient specified by him. This shall apply, irrespective of whether the goods were insured on despatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on surrender to the consumer and, in the case of sale by delivery to a place other than the place of performance, on the delivery of the goods to the shipper or the person or organisation otherwise designated to perform the despatch.
§5 Reservation of Proprietary Rights
The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
(1) The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
(2) The Seller shall face unlimited liability
- in case of intent or gross negligence
- in case of injuries of life, body or health resulting from intent or negligence
- in case of a promise of guarantee, unless otherwise provided
- in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
(3) Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
(4) For the rest the Seller's liability is excluded.
(5) The aforementioned provisions on liability apply also for the Seller's liability regarding his legal representatives and vicarious agents.
§8 Customer Service
You can reach our Customer Service for questions orcomplaints weekdays from 9am to 7pm under the following contact data:
phone: +49 (0) 30 220124510
Fax: +49 (0) 30 690 88 484
§9 Governing law, severability
(1) All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
(2) If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.