Am Lindbruch 123
D – 41470 Neuss (hereinafter referred to as “seller“)
Company domicile: Neuss; HRB 18839, Amtsgericht Neuss
CEO: Karin Hamann
VAT-No.: DE 308138210;
§ 1 Application of General Terms and Conditions
Deliveries, services and offers of the seller are based exclusively on the seller’s General Terms and Conditions in their present version as amended from time to time. This is also applicable in case the offer is accessed from outside of the Federal Republic of Germany.
There will be no deliveries to Spain, Portugal and USA, North Korea and Syria.
§ 2 Conclusion of a Contract
2.1 The product offerings in the seller’s Internet Shop addresses only to customers as end users. For the purpose of these General Terms and Conditions a customer is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity. General Terms and Conditions of the customer do not apply, regardless of whether or not the seller expressly objects to them in a particular case.
The seller Tenelenti GmbH sells all products only in common household quantities. This refers to the quantity of ordered products within one single order as well as to several orders for the same product where the single orders in total represent a common household quantity.
All B2B customers are requested not to order through the Internet Shop. Instead, please contact the seller directly.
2.2 The presentation of the products in the Internet Shop does not represent a judicial obligatory offer but instead a not binding online catalogue. The seller’s offers in the Internet Shop are not binding.
By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions) the customer makes a binding offer to purchase the relevant product.
Without undue delay upon receipt of the order, the seller will send to the customer a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by the seller either upon subsequent acceptance (by email) or by dispatching the product. The sales contract with the customer shall not become effective until the seller’s acceptance.
In spite of all applicable accuracy, the seller reserves the right of possible errors, misprints, technical changes or changes in colour of the products presented in the seller’s Internet Shop.
2.3. During the order process, the customer can at any time correct his entered information and check the basket of purchases. Before the customer concludes the order, he will be asked to check his entries and change them, if necessary. By click on the button “Buy” the customer places a binding order for the product in the cart and declares that he wishes to buy the merchandise.
2.4. Any customer who is a consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the customer on the seller’s website in connection with the order process.
Here you can find our Revocation form: Revocation form.
2.5 Upon conclusion of the contract, orders will be electronically saved. For this purpose, the customer’s personal order data will be saved in a customer account for processing the relevant order. This will be done as soon as the customer enters his or her address data and accepts the seller’s General Terms and Conditions as well as the Data Privacy Statement.
2.6 The seller’s contracts with the customer shall be made exclusively in German or English language, in each case depending on whether the customer makes the relevant purchase on the seller’s English language or the German language website. Therefore, if the order is made on the seller’s German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on the seller’s English website, exclusively the English version of these General Terms and Conditions shall be relevant.
§ 3 Prices and Payment
3.1 The seller’s prices include German statutory VAT but are net of shipping and postage costs. Any customs duties and similar public charges shall be borne by the customer.
Prices are applicable as stated on the seller’s Internet Shop when the order is placed.
3.2 In case the customer has his or her residence outside the EU and the products ordered are delivered thereto, the seller cannot offer any refund of the VAT.
3.3 The customer has the right to choose between the following payment methods:
- electronic remittance
- cash before delivery (additional cost may incur)
- Paypal (will be debited immediately after the order has been placed)
The Paypal payment will be debited to the customer’s account immediately after forwarding the acceptance of the order. Additional information on Paypal may be gained from the official Paypal website.
The postal charges for the target country may be taken from the order form in the Internet Shop.
3.4 The customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by the seller or been determined by a final and binding decision.
§ 4 Reservation of Title
4.1 The seller retains legal title to any product supplied until the purchase price (including VAT and shipping costs) for such product has been fully paid.
Prior to conveyance of property any resale, renting, forfeiting, transfer by way of security, processing, other disposition or reconfiguration is not authorized.
4.2 In case of any violation to the contract conducted by the customer, the seller is entitled to withdraw from the contract and claim the immediate release of the delivered products. This refers especially to any case of delayed payment or violation of any obligation in the contract as mentioned under 4.1.
§ 5 Delivery and Dispatch
5.1 The seller shall dispatch the products as soon as ever possible. The delivery dates are to be found on the page of product details and in the shopping cart.
Any dispatch shall be covered by insurance. Dispatch will be effected through DHL.
5.2. In case the shipment address is different from the invoice address, the customer shall enter the different shipment address into the “Notice” box.
This service cannot be offered for Switzerland and Liechtenstein.
5.3 In case that part of the ordered products is not available from stock, the seller shall be – as far as reasonable – permitted to effect partial deliveries and bear any additional shipping costs caused thereby.
§ 6 Warranty
6.1 For the products delivered statutory German warranty rights are applicable.
6.2 Any obvious defect on the product shall be notified to the seller immediately so that a further deterioration of the product can be avoided. The defective products shall be returned to the seller in their condition in the moment of the detection of the defect. The seller shall fulfill his statutory warranty obligations.
§ 7 Liability
The seller shall not be liable (on whatever legal grounds) for a damage which may not reasonably be foreseen, considering the type of the relevant order and assuming a normal use of the product.
The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
The provisions of this section shall not apply with respect to the liability for guaranteed product specifications within the meaning of Section 444 of the German Civil Code, personal injury to life, body or health or under the German Product Liability Act.
§ 8 RIGHT OF CANCELLATION
The customer has the right to cancel the order without giving any reason within 14 days.
The deadline for the cancellation is 14 days from the date on which the customer or a third party indicated by the customer (other than the carrier) receives the goods purchased. Should the customer have ordered multiple lots or pieces delivered separately, 14 days count from the day when the customer or a third party indicated by the customer (other than the carrier) has received the final shipment.
The customer must inform the seller unambigously (for example via letter, e-mail or call under +49 2137 109 304) of the decision to cancel the order of his wish to execute his right to cancel the order. The customer may submit the cancellation request by using the supplier’s standard disclaimer form (to be found on gulf-eyewear.com/Widerruf form). The use of this form is, however, not obligatory.
To meet the cancellation deadline, it is sufficient that the customer sends his disclaimer or returns the good(s) delivered before the cancellation period has expired.
CONSEQUENCES OF CANCELLATION
If the customer cancels the order, the seller will reimburse all payments received from the customer for the goods delivered and will also reimburse delivery charges for the type of delivery used to execute the order. This reimbursement will be made without undue delay no later than 14 days from the day on which the seller received the customer’s information on the cancellation of the order. For such reifund, the seller will use the same means of payment as the customer used for the initial transaction, unless the customer has explicitly agreed otherwise. In any event, the customer will not incur any fee resulting from the reimbursement. The seller may withhold reimbursement until he received the fault-free return consignment or the customer has give proof of the shipment of the return consignment.
The cost for the return consignment in the same amount as the cost for the original delivery have to be paid by the customer. The customer will use the same carrier as for the original order.
The customer will only have to pay compensation for any deterioration of the goods in case the value of the goods diminishes due to the handling of the goods (except when it was necessary to examin the nature, characteristics and functioning of the goods).
The goods have to be returned completely including all parts and components, unused and in the original packing.
§ 9 Data Protection
All personal data will only be collected, saved and processed in compliance with the relevant provisions of the German data privacy laws. Details are to be found on the seller’s website (www.tenelenti.de) and can be recalled, saved and printed at any time.
§ 10 Applicable Law
Any contracts between the seller and the customer shall be governed by the Laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG).
§ 11 Changes of the General Terms and Conditions
11.1. The seller is entitled to modify or amend the General Terms and Conditions at any time on his own discretion.
11.2. For the contract between seller and customer the General Terms and Conditions valid at the time of the placement of the order by the customer.
Status as of 2019