(1) The General Terms and Conditions (hereinafter referred to as T&Cs) detailed below apply to all contracts you conclude with us, namely
TS Quadrat GmbH
Jöhlinger Straße 164
75045 Walzbachtal
Germany
Phone no.: +49 7203 909390
email: webshop@tsquadrat.com
Managing Director: Tobias Schreiber, Carmen Schreiber
Commercial register no.: HRB 73 32 46
acting as supplier through the Internet site https://m2pro.shop.
(2) All agreements entered into between yourself and us in connection with the purchase agreement arise in particular from these T&Cs and our written confirmation of order.
(3) That version of the T&Cs valid at the time of contract conclusion shall apply.
(4) We shall not accept the customer’s own conditions where these differ. This shall apply even if we do not expressly specify their exclusion.
§ 2 Conclusion of Contract
(1) The object of contract is the sale of products advertised by ourselves on the website.
(2) Our advertising of the respective product on our Internet site constitutes a binding offer to conclude a contract for the respective product, including its properties as detailed in the product description, and subject to the conditions detailed in the product description.
(3) A contract is entered into through the online shopping cart system as follows:
Upon clicking the ‘add to cart’ button, the products you have selected get placed in the shopping cart.
By moving the cursor onto the shopping cart icon (mouseover), you can either review the shopping cart contents in a preview or click the ‘shopping cart’ button to navigate directly to the shopping cart page.
If you are on the shopping cart page, you can make changes to your selection of products or the quantities ordered. You will further be prompted to accept our T&Cs and to acknowledge that you have read our data privacy policy. By clicking the ‘place your order’ button, you will begin the order process proper.
Upon starting the order process proper you will be prompted to log in or to enter your personal details as part of customer registration/guest order placement.
Once you have entered your data, you will be taken to an order summary where you will have the opportunity to choose a payment method.
We utilize PayPal EXPRESS to process payments. Upon finalizing your payment details entry, the contract will become effective as follows:
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Payment method
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paypal
When selecting PayPal as your payment method, you will be forwarded to the PayPal website. There, you can log in using your account credentials or as a guest. By clicking ‘pay now’ or choosing the option ‘pay in 14 days’, you complete placement of your order.
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Sepa
When selecting Sepa Direct Debit as your payment method, you will be prompted to enter your details. By clicking ‘next’, you will complete placement of your order.
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Giropay
When selecting Giropay as your payment method, you will need to confirm your delivery address, after which you will be forwarded to the Giropay website. After selecting a bank and entering your bank details, you will complete placement of your order by clicking ‘Pay now.’
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Pay now
When selecting Pay now as your payment method, you will need to confirm your delivery address, after which you will be forwarded to the Klarna website. After choosing a bank, you can log in using your online banking access credentials. All data is encrypted and transmitted to your online banking. After entering the TAN, you will complete placement of your order by clicking ‘Continue.’
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Debit or credit card
When selecting Debit or credit card as your payment method, you can enter your card details directly and then complete placement of your order by clicking ‘Purchase now.’
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(4) Order handling and communication of all relevant necessary information shall be via email only. Providing a valid email address is therefore indispensable. It shall further remain your responsibility that reception of our emails is technically assured.
(5) Upon receipt of your order, we will send you an email confirming receipt of your order. You will be sent the provisions of contract with details regarding the products ordered, including these T&Cs and the information on your right of withdrawal and your invoice, in this email, or a separately sent email at the latest upon delivery of the products. The contract text shall be kept on record in compliance with data protection.
(6) Conclusion of the contract shall be in German.
§ 3 Right of Withdrawal
(1) You are entitled to the right of withdrawal in accordance with statutory provisions only if you are a consumer (ergo a natural entity placing the order for a purpose not associated with your employment or own business activities).
(2) If you, as a consumer, choose to invoke your right of withdrawal according to section 1, regular costs of any return shipment shall be charged to your account.
(3) Further, the right of withdrawal shall be subject to the provisions laid out in detail in the following
Information on Right of Withdrawal
Right of Withdrawal
You are entitled to withdraw, without stating a reason, from this contract within a period of fourteen days.
The period of withdrawal is fourteen days beginning with the day upon which you, or a third party appointed by yourself who is not the carrier, took possession of the products.
To invoke your right of withdrawal, you must notify us, TS Quadrat GmbH, Jöhlinger Strasse 164, 75045 Walzbachtal, Germany, phone number: +49 7203 9093960, email: webshop@tsquadrat.com, of your decision to withdraw from this contract by way of unambiguous communication (e.g. mailed letter or email). You may do so using the withdrawal form included here, but are not required to do so. The withdrawal form is also available to download from our website
Withdraw from contract (m2pro.shop) .
To comply with the withdrawal period, it shall suffice to send your notice of withdrawal before expiry of the withdrawal period.
Consequences of Withdrawal
When you withdraw from this contract, we shall be obliged to refund all and any payments received from you, including costs of delivery (except for additional expenses resulting from your choosing a method of delivery other than our standard, cheapest delivery offer), forthwith and at the latest within fourteen days of the day upon which we received your notice of withdrawal from this contract. For this refund, we shall use the same method of payment you used for the initial transaction, unless there is an express agreement with yourself to the contrary; under no circumstances shall you be charged any fees in connection with this refund. We shall be entitled to refuse refunding until such a time that we have received the return shipment of the products or you have furnished us with proof that you have sent the products back, depending on which of the two occurs earlier.
You shall be obliged to return the products forthwith and at the latest within fourteen days of the day on which you notified us of withdrawal from this contract. To comply with this period, it shall suffice to send the return shipment before expiry of the fourteen days.
The immediate costs of the return shipment shall be at your expense.
Any diminishment of value shall be charged to your account only where it has resulted from your handling the products beyond what is necessary to inspect their condition, properties, and function.
—End of Information on Right of Withdrawal—
(4) There is no right of withdrawal for distance contracts
- for delivery of custom products whose manufacture requires the consumer to make an individual choice or specification or which have been tailored clearly to the consumer’s personal needs,
- for delivery of products which, as a result of their nature, have become inseparably mixed with other goods after delivery,
- in relation to which the consumer has expressly requested the supplier to present at their premises to effect urgent repairs or maintenance; this does not apply with respect to additional services performed during the same visit that the consumer did not expressly request or with respect to such products delivered upon the visit that were not indispensable as spare parts for the maintenance or repair.
§ 4 Delivery, Sale, and Delivery in Installments
(1) Delivery shall be to the delivery address provided during the order process.
(2) We reserve the right to sell the products at any time (including where they are indicated to be ‘in stock/available now’ on the order form) if the delivery is cash in advance and we receive no payments with (five) days of conclusion of contract. In such a case, we shall ship the products within the period agreed or specified by ourselves subject to available stocks; otherwise within a period of (three) weeks.
(3) Where our supplier fails to supply on time products indicated to be ‘out of stock’ on the order form, or that have been sold off pursuant to section 2, the applicable shipping deadline (see Article § 5 regarding shipping) shall extend until we receive our supplier’s delivery plus a period of three business days, but up to no more than three weeks, provided that
- our supplier is running late for reasons beyond our control, and
- we placed an order for the products early enough prior to the purchase contract becoming effective (or, where Section 3 applies, prior to the time of sale) for punctual delivery to be reasonably assumed under normal conditions.
Where, for reasons beyond our control, we cannot deliver the products, or cannot, in spite of placing orders in good time, deliver them on time, we shall be entitled to withdraw from the contract. We shall communicate unavailability of the products to the customer immediately and immediately refund any payments already received.
(4) If the customer has ordered, in a single order, multiple products suitable for separate use, we shall be entitled to ship these in multiple separate deliveries. The customer's statutory rights regarding punctual and proper delivery shall not be affected.
(5) Where force majeure (natural disasters, war, civil unrest, terrorist attacks) render delivery or any other performance indefinitely impossible, TS Quadrat GmbH shall be exempt from any obligation to perform. Any payments already made to TS Quadrat GmbH shall be refunded immediately.
(6) TS Quadrat GmbH shall further be entitled to refuse performance if and where such would entail effort and expenses that, in due consideration of the purchase contract’s subject matter and acting in good faith, should be deemed grossly disproportionate to the customer’s interest in fulfillment of the purchase contract. Any payments already made to TS Quadrat GmbH shall be refunded immediately.
§ 5 Deadlines for Shipping Products, Shipping Methods and Time, Insurance, and Passing of Risk
(1) The delivery date shall be deemed complied with if we hand over the products to the carrier on said date. All deadlines concerning shipment of the products specified by ourselves during the order process or agreed otherwise shall begin (a) where cash in advance has been agreed upon the day we receive payment of the full purchase price (including sales tax and shipping fees) or (b) where cash on delivery or payment by invoice has been agreed upon the day the purchase contract becomes effective.
(2) Any deadlines for shipping product specified by ourselves shall be considered estimates, failing to meet them by up to two days shall therefore be admissible. This shall not apply where a specific shipping date has been agreed. Where no deadline or date has been specified or otherwise agreed, shipping within (five) business days shall be assumed agreed.
(3) Unless expressly agreed otherwise, we shall choose the appropriate shipping method and carrier at our discretion.
(4) Our performance is limited to punctual, proper handover of the products to the carrier; we shall not accept any liability for delays caused by the carrier. Any delivery time (period between ourselves handing over to the carrier and delivery to the customer) we may specify must therefore be deemed non-binding. The above notwithstanding, where we have accepted installation or assembly orders, we shall be held to completing such on time and handing over to the customer at the agreed time and place.
(3) Where the customer is a consumer, the risk of accidental destruction, accidental damage, or accidental loss of the delivered products shall pass to the customer at the time of delivery to the customer delivery or the customer's defaulting acceptance of delivery. Otherwise, the risk shall pass, provided our performance is limited to dispatching the shipment, to the customer upon our handing over the shipment to the carrier. The above notwithstanding, where we have accepted orders for installation or assembly at the customer's premises, the risk shall always pass to the customer upon completion of performance and handover to the customer.
§ Prices and Shipping Fees
(1) All prices indicated in our online shop are gross prices including statutory sales tax and are understood to exclude any shipping fees.
The total price including sales tax and any applicable shipping fees will also be displayed in the order summary before you place your order. Customs duties and similar fees shall be at the customer’s expense.
(2) Where we fulfill your order by delivery in installments pursuant to § 4 Section 4, you shall be charged shipping fees for the first delivery installment only, provided the decision to deliver in installments was made by us. Where delivery in installments occurs upon your request, you shall be charged shipping fees for each delivery installment.
(3) Should you, as a consumer, withdraw legally your consent to the contract according to § 3, you are entitled to demand pursuant to the statutory conditions a refund of any fees already paid for shipping to your address (dispatch costs) (cf. other consequences of withdrawal § 3 Section 3).
§ 7 Payment Terms and Set-off and Right of Retention
(1) Unless expressly agreed otherwise, the purchase price including any applicable shipping fees shall be paid in advance.
(2) Where payment by invoice has been agreed, our invoices shall be payable immediately upon receipt by the customer.
(3) We shall accept only those methods of payment indicated during the order process. We shall not add surcharges of any kind to any of the payment methods. Wire transfers made from abroad may incur banking fees charged by the bank to your account.
You may always choose from the following payment methods: PayPal, Sepa Direct Debit, Giropay, instant transfer, debit or credit card.
Payments are processed through PayPal EXPRESS (see § 2). With respect to the payment transaction, the general terms and conditions of PayPal EXPRESS also apply. You can review these under the following link:
(4) You shall not have recourse to set-off against our claims unless your counterclaims are uncontested or have been asserted by declaratory judgment. You shall also have recourse to set-off against our claims where you assert notices of defects or counterclaims with respect to the same purchase contract.
(5) As purchaser, you are entitled to exercise a right of retention only where your counterclaim arises from the same purchase contract.
(6) Failure to pay within the allotted period shall be deemed default by the customer. in such a case, the customer shall owe the vendor interest on arrears equal to the statutory amount pursuant to § 288 BGB (German Civil Code).
(7) The customer’s obligation to pay interest on arrears does not exempt them from further default damages claimed by the vendor.
§ 8 Retention of Title
The delivered products shall remain our property until such a time that the purchase price has been paid in full (including sales tax).
§ 9 Warranty
(1) We shall accept liability for material or legal defects of the delivered products in accordance with the statutory provisions, in particular §§
434 et sqq. German Civil Code. The statute of limitations for statutory defect claims is two years, beginning with the handover of the products to the customer.
(2) Applicable additionally with respect to business entities only: The customer shall inspect the products with due attention immediately upon receipt. The delivered products shall be deemed approved by the customer unless they notify us of (i) any obvious defects within (five) business days of delivery or of (ii) any other defects within five business days of their discovery.
§ 10 Liability
(1) We shall accept contractual and non-contractual liability in the event of intent or gross negligence according to the statutory provisions governing indemnity or compensation for reliance losses.
(2) In other cases, we shall be held liable—unless provided for otherwise in Section 3—only for breaches of contractual obligations whose fulfillment is fundamentally essential to proper performance of the contract and upon whose fulfillment you as the customer may reasonably rely (referred to as cardinal obligations), and only up to a compensation for foreseeable and typical loss. Liability in the event of late delivery—unless caused by intent or gross negligence—shall be limited to 10% of the respective purchase price (including sales tax). Liability shall be excluded in all other cases, unless withstood by the provisions of Section 3. This shall also apply in particular to damage not reasonably expected from normal use of the products.
(3) Our liability for loss of life, physical injury, or harm to health, and in accordance with statutory product liability shall not be subject to the above limits and exemptions of liability.
§ 11 Intellectual property
All images, videos, and texts published in our online shop remain our intellectual property. Any use of the images, videos, and texts requires our express permission.
§ 12 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of German shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are placing your order as a consumer and, at the time of placing your order, your usual place of residence is in another country, enforceable laws of that country shall remain applicable irrespective of the applicable law specified in sentence 1.
(2) If you are a commercial entity and, at the time of placing your order, you are based in Germany, the vendor's domicile shall be the exclusive place of jurisdiction. Beyond this, local and international jurisdiction shall be governed by the statutory provisions.
(3) Settlement of Disputes: The EU Commission has established an Internet platform for settlement of disputes online. The platform serves as a point of contact for settlement out of court of disputes over contractual obligations arising from online purchase contracts. Further details are available through this link:
http://ec.europa.eu/consumers/odr. We are not obliged to appear before a consumer arbitration body to settle any dispute, nor will we agree to such.
§ 13 Final Provision
This contract shall remain binding even where individual items prove legally ineffective. Ineffective items shall be replaced by statutory provisions, where such exist.