1) Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) of the company tandem:town (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Costumer”) and the Seller relating to all goods and/or services supplied. The inclusion of Customer’s own terms and conditions is hereby contradicted.
2) Conclusion of contract
2.1 By placing an item on the website tukitees.com (hereinafter: Website), the Seller makes a binding offer to sell this item.
2.2 The Customer can accept the Seller’s offer via the online order form provided. To do this, the customer must place the desired item in the virtual shopping cart and then go through the specified order steps. By clicking the button that concludes the order process, the Customer declares acceptance of the offer. This concludes a purchase contract for the goods selected by the Customer.
2.3 The text of the contract is saved by the Seller and sent to the customer in text form (e.g. email, fax or letter) after the contract has been concluded, together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The Customer will be informed of the payment option(s) in the seller’s offer.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the Customer shall bear the reasonable costs incurred by the seller as a result. If the Customer effectively exercises his right of withdrawal, the provision in the seller’s withdrawal policy shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed without delay.
6) Retention of title
If the Seller delivers in advance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of time limits shall not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the Customer acts as a merchant he shall be subject to the commercial obligation to inspect and give notice of defects. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Republic of Estonia shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.