General terms and conditions of business

01. Scope

These General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer and us as the operator of the dont-tipp.com webshop. As part of the ordering process, you accept the GTC in the version valid at the time the order is placed. The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally authoritative version.

The operator of the online shop and your contractual partner is:
don't tipp GmbH, Aichacher Str. 8a, 86674 Baar, Germany, registered in the commercial register of the local court of Augsburg under 39630, represented by the managing director Thomas Forster, VAT identification number: DE365856541.

Please contact us if you have any questions, requests or complaints: E-mail: support@dont-tipp.com

Our product presentation on dont-tipp.com is aimed exclusively at entrepreneurs and consumers.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

02. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with don't tipp GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We will accept your offer within two days by

• we submit a declaration of acceptance in a separate email or

• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).

The alternative that is relevant to you depends on which of the events listed occurs first.

03. Prices and additional costs

All prices are in EURO and include VAT, which is usually shown.
Exception: Deliveries to Switzerland are generally VAT-free. Businesses within the EU who provide a valid VAT identification number receive the goods at the net price without VAT. Net prices apply to customers outside the European Union.
In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

04. Payment

In our shop you can generally use the following payment methods:

Prepayment

If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

Invoice

For customers from Germany, we offer payment by invoice. Please pay the invoice within 30 days of receiving the goods. If you pay within 7 days, you can deduct 2% discount from the invoice amount.

PayPal, PayPal Express

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process. PayPal can offer registered PayPal customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information about this in your PayPal account.

06. Right of withdrawal

Consumers have the statutory right to cancel. Businesses are not granted a voluntary right to cancel.

As a consumer, you can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, email) or - if the item is handed over to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time.
 
The revocation must be addressed to:

don't tipp GmbH
Managing Director: Thomas Forster
Aichacher Str. 8a, 86674 Baar
support@dont-tipp.com

The right of withdrawal does not apply in the case of:

• Delivery of goods which are not prefabricated and for whose production an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

07. Retention of title

The goods remain our property until full payment has been made.
The following applies additionally to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

08. Delivery and transfer of risk

The risk of accidental deterioration or accidental loss of the goods shall pass to you in accordance with statutory provisions.

If you are a consumer, the risk of accidental deterioration and accidental loss of the goods is only transferred to you when the goods are handed over to you or when you are in default of acceptance. We therefore assume the risk of loss or damage to the goods during transport to you. If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

If you are an entrepreneur, however, we are only responsible for handing over the goods to the transport company we use and are not liable for any negligence on the part of the transport company in carrying out the delivery. We are therefore released from the obligation to perform if the goods are lost or destroyed during transport or if delivery ultimately fails for other reasons.

Delivery times stated by us are subject to the conclusion of the contract and - except for purchases on account - the full payment of the purchase price. The delivery time is shown on the item details page. When delivery is made by a freight forwarder, our service includes the freight forwarder agreeing a suitable date with you in advance of delivery.

If you order several items at the same time for which different delivery times are specified in our online shop, the applicable delivery time is the longest delivery time specified, unless you arrange partial deliveries by email to support@dont-tipp.com , for which you may incur additional costs.

If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (unavailability of the goods, e.g. due to a lack of delivery by our suppliers or force majeure), we will inform you of this immediately, if necessary stating the new delivery deadline. If the new delivery deadline is not acceptable to you or if the goods are not available within the new delivery deadline or not available at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, we will immediately refund any consideration already provided. The statutory rights of the contracting parties remain unaffected.

09. Customer rights in case of defects

Your rights in the event of material and legal defects are determined by the statutory provisions, unless otherwise stated below.

The product descriptions in our online shop and, if applicable, further manufacturer information and instructions that are delivered together with the goods are deemed to be agreements on the quality. Please take note of such instructions before you decide to keep the goods.
The customer is obliged to check the goods upon receipt and to report any obvious defects to don't tipp GmbH immediately, but no later than within two weeks. The customer has the same obligation for other defects in the purchased item from the time of discovery. If the notification is not made in time, the goods are deemed to have been approved with regard to these defects. The assertion of warranty claims is excluded in this respect.

In the event of a defect in the item, the customer must set don't tipp GmbH a reasonable deadline for subsequent performance according to §437 BGB. The customer can, at his discretion, request that the item delivered be repaired or that a replacement be delivered. The customer must inform don't tipp GmbH of this. Only after two unsuccessful attempts at subsequent performance by don't tipp GmbH are the customer entitled to further statutory warranty claims, such as reduction of the purchase price and withdrawal from the contract.

If the customer decides to have a defective new product repaired, he must send the product directly to the manufacturer - in his own interest in ensuring that the warranty claim is resolved quickly - whose address will be communicated to the customer by don't tipp GmbH. don't tipp GmbH will reimburse the customer for the shipping costs incurred, unless the manufacturer accepts the customer sending the product postage due.

For merchants: If the purchase of goods via our online shop is a commercial transaction for you, the obligations of Section 377 of the German Commercial Code (HGB) and the obligation to inspect and give notice of defects set out therein apply. If you fail to give notice as set out therein, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
In relation to businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The limitation period for warranty claims is one year for entrepreneurs and for used items. Otherwise, the statutory limitation periods apply. Sections 444 and 202 of the German Civil Code remain unaffected.

Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . There is no willingness or obligation to participate in a dispute resolution procedure before a consumer arbitration board.

10. Warranties

Some manufacturers offer guarantees on their products that go beyond the warranty rights. Please refer to the manufacturer's information for details. The manufacturer's guarantee terms apply.

11. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

12. Choice of law and jurisdiction

The law of the Federal Republic of Germany applies to the contractual relationship, excluding substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions governing the application of mandatory consumer protection law remain unaffected.
If you are a merchant within the meaning of the German Commercial Code (HGB), 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 you and us is our place of business.

As of 02/2024