Terms and Conditions

 

 

§ 1 General

 

(1)

These General Terms and Conditions constitute the exclusive basis for all legal relationships established between us, the Thoms Materials Technologies GmbH, Wilhelm-von-Siemens-Str. 23, 12277 Berlin, and their customers through the online order form www.grip-booster.com.

 

(2)

Our general terms and conditions ("GTC") apply as of the date of conclusion of the contract. They are available free of charge under www.grip-booster.com in a storable and printable version.

 

(3)

Our terms and conditions apply exclusively. Deviating, contradictory or supplementary General Terms and Conditions of the Customer shall become a part of the contract only if and to the extent that we have expressly consented to their validity. This consent requirement applies in any case, for example, even if we carry out the delivery to him unconditionally in the knowledge of the customer's terms and conditions.

 

(4)

Individual agreements which have been made with the customer (including collateral agreements, additions and amendments) shall always take precedence over these General Terms and Conditions. The content of such agreements shall be subject to a written contract or our written confirmation, subject to the other proof.

 

(5)

Legal declarations and notices which are to be given to us by the customer after conclusion of the contract (eg deadlines, notification of defects, declaration of withdrawal or reduction) require the written form in order to be valid.

 

§ 2 Conclusion of Contract

 

(1)

The presentation of our goods in the online order form does not yet contain a binding offer from us. It is merely a request to the customer to submit a binding offer to us. The contract between us and the customer comes shall only come into effect with and only with the timely payment of the agreed purchase price.

 

(2)

First, the customer selects the products desired by him from our offer and adds the desired quantity. After completion of the selection and completion of the requested information in the online order form (address and email address of the customer, method of payment, method of delivery, etc.), the customer sends the requested order to us.

 

(3)

Based on the options  chosen by the customer, concerning type and quoantity of the desired product and the desired shipping method we determine the purchase price of the order including the incurring shipping costs and send an email to the customer with the complete offer.

 

(4)

If the customer agrees to our offer, the order is paid in advance, according to the desired method of payment, directly via our link to Paypal or by bank transfer.

 

(5)

The purchase contract only comes into effect with the timely sending of the payment to us. If the customer does not send the payment to us within 10 days from receipt of our offer ("payment period"), no contract has been concluded between us and the customer.

 

(6)

If the payment of the purchase price is received by us after the expiry of the payment period, the customer shall demonstrate on our request that he has sent the payment in due time. We reserve the right to send the goods to the customer even in case of late dispatch. In this case, the purchase contract with the customer is concluded by sending the ordered goods.

 

(7)

By sending his order, the customer recognizes our terms of business as decisive for the legal relationship with us alone.

 

§ 3 Prices and payment conditions

 

(1)

All prices in our online order form are gross price including VAT. The costs for the dispatch and handling incurring in addition to the goods price on the basis of his order are clearly and transparently communicated to the customer in our offer to the customer.

 

(2)

The purchase price is due within 10 days from receipt of our offer without deduction. If the customer does not send the payment to us within the deadline, the purchase contract has not been concluded.

 

(3)

The payment of the purchase price is made in advance at the customer's choice in the form of a customer-initiated bank transfer or via PayPal.

 

§ 4  Delivery, transfer of risk, reservation of title

 

(1)

The goods are delivered to the delivery address indicated by the customer. Goods, which we have available, usually are being prepared for dispatch within 5 business days. In case the goods are not available, the estimated delivery time is stated in the offer.

 

(2)

The delivery takes place ex warehouse, which is also the place of fulfillment for the delivery and a possible supplementary performance. At the request and expense of the customer, the goods will be sent to another destination (dispatch purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, dispatch route, packaging).

 

(3)

If we can not comply with binding delivery periods for reasons beyond our control (non-availability of the service), we will notify the customer without delay and at the same time notify the expected new delivery period. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the customer. As a case of the non-availability of the service in this sense particularly includes, ourselve’s non-timely delivery by our suppliers, if we have concluded a congruent hedging transaction, is not at fault for either ourselves or our supplier or if we are not obliged to procurement in the individual case.

 

(4)

The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in case of sale by dispatch the risk of accidental loss and the accidental deterioration of the goods, as well as the risk of delays, will be transferred to the forwarding agent, freight carrier or the person or institution who is otherwise responsible for the dispatch.

 

(5)

The goods remain our property until full payment of the purchase price.

 

(6)

As far as the customer is an entrepreneur, we reserve the right to ownership of the delivered goods to secure all our existing claims against the customer from our business relationship.

 

§ 5  Customer's rights in case of defects

 

(1)

With regard to the nature, extent and quality of the goods, only the details given in the order confirmation are decisive. Other public statements made by us, the manufacturer of complementary products or their assistants are irrelevant to the agreed upon nature of the goods.

 

(2)

The rights of the customer in the case of defects for supplementary performance, withdrawal from the contract or reduction of the purchase price are determined by law. The provision in § 6 applies to any claims for damages in addition to performance and instead of performance.

 

(3)

If the customer is a merchant, claims for defects by the customer presuppose that he has complied with his statutory obligations to investigate and report complaints (§§ 377, 381 HGB). If a defect is found during the examination or later, we must be informed immediately in writing. Irrespective of this obligation to inspect and to notify, the buyer, if he is an entrepreneur, must notify obvious defects (including incorrect delivery and short delivery) immediately after delivery, in which case the timely dispatch of the notice of defects suffices. If the customer, the entrepreneur or the merchant, fails to inspect and / or display the defect, our liability for the non-indicated defect is excluded.

 

(4)

If the delivered item is defective, we can first choose whether we can carry out subsequent performance by removing the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the legal requirements shall remain unaffected.

 

(5)

We are entitled to make the owed supplementary performance dependent on the customer paying the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect.

 

(6)

The customer shall give us the necessary time and opportunity for the subsequent performance, in particular hand over the goods to for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to us in accordance with the statutory provisions. The supplementary performance does not include the removal or disassembly of the defective item or the reinstallation, if we were originally not obliged to install.

 

(7)

The costs necessary for the purpose of the inspection and supplementary performance, in particular transportation, travel, work and material costs (not: removal and installation costs) shall be borne by us if a deficiency is actually present. Otherwise, we may require the customer to replace the costs arising from the unauthorized removal of the defect (in particular inspection and transport costs), unless the lack of defectability was not apparent to the customer.

 

(8)

If the supplementary performance has failed or if a reasonable deadline to be set by the customer for the supplementary performance has expired without success or is dispensable according to the legal regulations, the customer can withdraw from the purchase contract or reduce the purchase price. In the event of a negligible defect, however, there is no right of withdrawal.

  

(9)

Claims of the customer for damages or replacement of futile expenses also exist in the case of defects only in accordance with § 6 and are excluded in all other respects.

 

§ 6 Liability

 

(1)

Unless otherwise stated in these General Terms and Conditions including the following provisions, we shall be liable in the case of a breach of contractual and non-contractual obligations in accordance with statutory provisions.

 

(2)

We shall not be liable for minor negligent breaches of duty provided that these are not contractual obligations (obligation whose fulfillment the proper execution of the contract allows and the compliance of the contractual partner on a regular basis), or guarantees, or damages resulting from injury to life, body or health or claims under the Product Liability Act.

 

(3)

Insofar as we are also liable for slight negligence, the amount of the liability is limited to contractual, foreseeable damages.

 

(4)

If our liability is excluded or restricted, this also applies to the liability of our legal representatives, employees and vicarious agents.

 

(5)

We are not liable for the functionality of data networks, servers or data lines to its computer center and the permanent availability of its online shop.

 

§ 7 Statute of limitations

 

(1)

By way of derogation from § 438 para. 1 no. 3 German Civil Code (Bürgerliches Gesetzbuch, BGB), the general period of limitation for claims for material defects and defects of title of customers who are entrepreneurs is one year from the date of delivery.

 

(2)

The aforesaid limitation periods of purchase law also apply to contractual and non-contractual claims for damages of the customer who is entrepreneur which are based on a defect of the goods, unless the application of the regular statutory statute of limitations (§§ 195, 199 BGB) would result in a shorter limitation period in the individual case. Claims for damages by the customer who is entrepreneur for claims arising from injury to the body, life and health as well as according to the Product Liability Act shall become statute-barred only pursuant statutory periods of limitation.

 

§ 8 Set-off

 

A right of set-off of the customer exists only if his counterclaims have been legally established or are undisputed.

 

§ 9 Privacy

 

(1)

The personal data voluntarily communicated by the customer in the context of his order are exclusively used in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemediengesetz (TMG).

 

(2)

Personal data of the customer are only collected if and as far as the customer voluntarily communicates such data to us when using the online order form. Processing and transmission of these data to third parties only takes place if this is necessary for the execution of the contractual relationship between us and the customer. The data are therefore passed on to the shipping company commissioned with the delivery as well as - if necessary - to the credit institution commissioned with the payment processing. No further transfer of the data to third parties takes place.

 

(3)

The customer has at all times a right to free information about his stored personal data as well as a right to correction, blocking and deletion of this data.

 

(4)

We reserve the right to create usage profiles for the purposes of advertising, market research, or the need to design our offers using pseudonyms using the collected customer data. The customer is at any time entitled to object to this use of his usage data.

 

(5)

The content of the data protection law information within the meaning of this § 8 is available to the customer at any time at www.grip-booster.com.

 

(6)

Questions concerning the collection, processing or use of the personal data, information, corrections, blocking or deletion of data as well as the revocation of given consent can be directed to us under the address given in § 1 paragraph 1 of these GTC.

 

§ 10  Statutory Right of revocation

  

(1) If the customer is a consumer he can revoke his contract declaration within 14 days without giving reasons in text form (eg letter, fax, email) according to the details as described in the revocation instruction.

 

(2) The revocation needs to entail the following information:


Revocation To
Thoms Materials Technologies GmbH
Wilhelm-von-Siemens-Str. 23
12277 Berlin

 

Email: info@gripbooster.com

 

 

I / We hereby revoke the contract concluded by me / us regarding the purchase of the following goods:

   Ordered on (*)/received on (*)

   Name of consumer(s)

   Address of consumer(s)

   Signature of the consumer(s) 

   Date

 


(3) The revocation is only valid if the goods remain unused. If the hygienic seal is broken, a refund of the payed purchase price is excluded.


 

§ 11 Final Provisions

 

(1)

The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. The applicability of mandatory norms of the state in which the customer is habitually resident upon conclusion of the contract shall remain unaffected by this choice.

 

(2)

If the customer is merchant in the sense of the Commercial code, a legal person governed by public law or a public special fund, our place of business is exclusively - also internationally - Berlin, for all disputes arising directly or indirectly from the contractual relationship. The same applies if the customer is an entrepreneur in accordance with § 14 BGB (German Civil Code). However, in all cases, we are also entitled to bring an action at the place of fulfillment of the delivery obligation according to these terms and conditions or a priority individual agreement or at the general court of jurisdiction of the customer. Prior statutory provisions, in particular to exclusive competences, shall remain unaffected.

 

(3)

If one or more provisions of these General Terms and Conditions are or become invalid or impracticable, this shall not affect the validity of the terms and conditions of business. The ineffective or impracticable provision shall be replaced by one which comes closest to the economic and legal aspects of what the parties intended with the original regulation. This also applies to any contractual gaps.

 

 

  

Terms and Conditions

 

 

 

§ 1 General

 

(1)

These General Terms and Conditions constitute the exclusive basis for all legal relationships established between us, the Thoms Materials Technologies GmbH, Wilhelm-von-Siemens-Str. 23, 12277 Berlin, and their customers through the online order form www.grip-booster.com.

 

(2)

Our general terms and conditions ("GTC") apply as of the date of conclusion of the contract. They are available free of charge under www.grip-booster.com in a storable and printable version.

 

(3)

Our terms and conditions apply exclusively. Deviating, contradictory or supplementary General Terms and Conditions of the Customer shall become a part of the contract only if and to the extent that we have expressly consented to their validity. This consent requirement applies in any case, for example, even if we carry out the delivery to him unconditionally in the knowledge of the customer's terms and conditions.

 

(4)

Individual agreements which have been made with the customer (including collateral agreements, additions and amendments) shall always take precedence over these General Terms and Conditions. The content of such agreements shall be subject to a written contract or our written confirmation, subject to the other proof.

 

(5)

Legal declarations and notices which are to be given to us by the customer after conclusion of the contract (eg deadlines, notification of defects, declaration of withdrawal or reduction) require the written form in order to be valid.

 

§ 2 Conclusion of Contract

 

(1)

The presentation of our goods in the online order form does not yet contain a binding offer from us. It is merely a request to the customer to submit a binding offer to us. The contract between us and the customer comes shall only come into effect with and only with the timely payment of the agreed purchase price.

 

(2)

First, the customer selects the products desired by him from our offer and adds the desired quantity. After completion of the selection and completion of the requested information in the online order form (address and email address of the customer, method of payment, method of delivery, etc.), the customer sends the requested order to us.

 

(3)

Based on the options  chosen by the customer, concerning type and quoantity of the desired product and the desired shipping method we determine the purchase price of the order including the incurring shipping costs and send an email to the customer with the complete offer.

 

(4)

If the customer agrees to our offer, the order is paid in advance, according to the desired method of payment, directly via our link to Paypal or by bank transfer.

 

(5)

The purchase contract only comes into effect with the timely sending of the payment to us. If the customer does not send the payment to us within 10 days from receipt of our offer ("payment period"), no contract has been concluded between us and the customer.

 

(6)

If the payment of the purchase price is received by us after the expiry of the payment period, the customer shall demonstrate on our request that he has sent the payment in due time. We reserve the right to send the goods to the customer even in case of late dispatch. In this case, the purchase contract with the customer is concluded by sending the ordered goods.

 

(7)

By sending his order, the customer recognizes our terms of business as decisive for the legal relationship with us alone.

 

§ 3 Prices and payment conditions

 

(1)

All prices in our online order form are gross price including VAT. The costs for the dispatch and handling incurring in addition to the goods price on the basis of his order are clearly and transparently communicated to the customer in our offer to the customer.

 

(2)

The purchase price is due within 10 days from receipt of our offer without deduction. If the customer does not send the payment to us within the deadline, the purchase contract has not been concluded.

 

(3)

The payment of the purchase price is made in advance at the customer's choice in the form of a customer-initiated bank transfer or via PayPal.

 

§ 4  Delivery, transfer of risk, reservation of title

 

(1)

The goods are delivered to the delivery address indicated by the customer. Goods, which we have available, usually are being prepared for dispatch within 5 business days. In case the goods are not available, the estimated delivery time is stated in the offer.

 

(2)

The delivery takes place ex warehouse, which is also the place of fulfillment for the delivery and a possible supplementary performance. At the request and expense of the customer, the goods will be sent to another destination (dispatch purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, dispatch route, packaging).

 

(3)

If we can not comply with binding delivery periods for reasons beyond our control (non-availability of the service), we will notify the customer without delay and at the same time notify the expected new delivery period. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the customer. As a case of the non-availability of the service in this sense particularly includes, ourselve’s non-timely delivery by our suppliers, if we have concluded a congruent hedging transaction, is not at fault for either ourselves or our supplier or if we are not obliged to procurement in the individual case.

 

(4)

The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in case of sale by dispatch the risk of accidental loss and the accidental deterioration of the goods, as well as the risk of delays, will be transferred to the forwarding agent, freight carrier or the person or institution who is otherwise responsible for the dispatch.

 

(5)

The goods remain our property until full payment of the purchase price.

 

(6)

As far as the customer is an entrepreneur, we reserve the right to ownership of the delivered goods to secure all our existing claims against the customer from our business relationship.

 

§ 5  Customer's rights in case of defects

 

(1)

With regard to the nature, extent and quality of the goods, only the details given in the order confirmation are decisive. Other public statements made by us, the manufacturer of complementary products or their assistants are irrelevant to the agreed upon nature of the goods.

 

(2)

The rights of the customer in the case of defects for supplementary performance, withdrawal from the contract or reduction of the purchase price are determined by law. The provision in § 6 applies to any claims for damages in addition to performance and instead of performance.

 

(3)

If the customer is a merchant, claims for defects by the customer presuppose that he has complied with his statutory obligations to investigate and report complaints (§§ 377, 381 HGB). If a defect is found during the examination or later, we must be informed immediately in writing. Irrespective of this obligation to inspect and to notify, the buyer, if he is an entrepreneur, must notify obvious defects (including incorrect delivery and short delivery) immediately after delivery, in which case the timely dispatch of the notice of defects suffices. If the customer, the entrepreneur or the merchant, fails to inspect and / or display the defect, our liability for the non-indicated defect is excluded.

 

(4)

If the delivered item is defective, we can first choose whether we can carry out subsequent performance by removing the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the legal requirements shall remain unaffected.

 

(5)

We are entitled to make the owed supplementary performance dependent on the customer paying the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect.

 

(6)

The customer shall give us the necessary time and opportunity for the subsequent performance, in particular hand over the goods to for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to us in accordance with the statutory provisions. The supplementary performance does not include the removal or disassembly of the defective item or the reinstallation, if we were originally not obliged to install.

 

(7)

The costs necessary for the purpose of the inspection and supplementary performance, in particular transportation, travel, work and material costs (not: removal and installation costs) shall be borne by us if a deficiency is actually present. Otherwise, we may require the customer to replace the costs arising from the unauthorized removal of the defect (in particular inspection and transport costs), unless the lack of defectability was not apparent to the customer.

 

(8)

If the supplementary performance has failed or if a reasonable deadline to be set by the customer for the supplementary performance has expired without success or is dispensable according to the legal regulations, the customer can withdraw from the purchase contract or reduce the purchase price. In the event of a negligible defect, however, there is no right of withdrawal.

  

(9)

Claims of the customer for damages or replacement of futile expenses also exist in the case of defects only in accordance with § 6 and are excluded in all other respects.

 

§ 6 Liability

 

(1)

Unless otherwise stated in these General Terms and Conditions including the following provisions, we shall be liable in the case of a breach of contractual and non-contractual obligations in accordance with statutory provisions.

 

(2)

We shall not be liable for minor negligent breaches of duty provided that these are not contractual obligations (obligation whose fulfillment the proper execution of the contract allows and the compliance of the contractual partner on a regular basis), or guarantees, or damages resulting from injury to life, body or health or claims under the Product Liability Act.

 

(3)

Insofar as we are also liable for slight negligence, the amount of the liability is limited to contractual, foreseeable damages.

 

(4)

If our liability is excluded or restricted, this also applies to the liability of our legal representatives, employees and vicarious agents.

 

(5)

We are not liable for the functionality of data networks, servers or data lines to its computer center and the permanent availability of its online shop.

 

§ 7 Statute of limitations

 

(1)

By way of derogation from § 438 para. 1 no. 3 German Civil Code (Bürgerliches Gesetzbuch, BGB), the general period of limitation for claims for material defects and defects of title of customers who are entrepreneurs is one year from the date of delivery.

 

(2)

The aforesaid limitation periods of purchase law also apply to contractual and non-contractual claims for damages of the customer who is entrepreneur which are based on a defect of the goods, unless the application of the regular statutory statute of limitations (§§ 195, 199 BGB) would result in a shorter limitation period in the individual case. Claims for damages by the customer who is entrepreneur for claims arising from injury to the body, life and health as well as according to the Product Liability Act shall become statute-barred only pursuant statutory periods of limitation.

 

§ 8 Set-off

 

A right of set-off of the customer exists only if his counterclaims have been legally established or are undisputed.

 

§ 9 Privacy

 

(1)

The personal data voluntarily communicated by the customer in the context of his order are exclusively used in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemediengesetz (TMG).

 

(2)

Personal data of the customer are only collected if and as far as the customer voluntarily communicates such data to us when using the online order form. Processing and transmission of these data to third parties only takes place if this is necessary for the execution of the contractual relationship between us and the customer. The data are therefore passed on to the shipping company commissioned with the delivery as well as - if necessary - to the credit institution commissioned with the payment processing. No further transfer of the data to third parties takes place.

 

(3)

The customer has at all times a right to free information about his stored personal data as well as a right to correction, blocking and deletion of this data.

 

(4)

We reserve the right to create usage profiles for the purposes of advertising, market research, or the need to design our offers using pseudonyms using the collected customer data. The customer is at any time entitled to object to this use of his usage data.

 

(5)

The content of the data protection law information within the meaning of this § 8 is available to the customer at any time at www.grip-booster.com.

 

(6)

Questions concerning the collection, processing or use of the personal data, information, corrections, blocking or deletion of data as well as the revocation of given consent can be directed to us under the address given in § 1 paragraph 1 of these GTC.

 

§ 10  Statutory Right of revocation

  

(1) If the customer is a consumer he can revoke his contract declaration within 14 days without giving reasons in text form (eg letter, fax, email) according to the details as described in the revocation instruction.

 

(2) The revocation needs to entail the following information:


Revocation To
Thoms Materials Technologies GmbH
Wilhelm-von-Siemens-Str. 23
12277 Berlin

 

Email: info@gripbooster.com

 

 

I / We hereby revoke the contract concluded by me / us regarding the purchase of the following goods:

   Ordered on (*)/received on (*)

   Name of consumer(s)

   Address of consumer(s)

   Signature of the consumer(s) 

   Date

 


(3) The revocation is only valid if the goods remain unused. If the hygienic seal is broken, a refund of the payed purchase price is excluded.


 

§ 11 Final Provisions

 

(1)

The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. The applicability of mandatory norms of the state in which the customer is habitually resident upon conclusion of the contract shall remain unaffected by this choice.

 

(2)

If the customer is merchant in the sense of the Commercial code, a legal person governed by public law or a public special fund, our place of business is exclusively - also internationally - Berlin, for all disputes arising directly or indirectly from the contractual relationship. The same applies if the customer is an entrepreneur in accordance with § 14 BGB (German Civil Code). However, in all cases, we are also entitled to bring an action at the place of fulfillment of the delivery obligation according to these terms and conditions or a priority individual agreement or at the general court of jurisdiction of the customer. Prior statutory provisions, in particular to exclusive competences, shall remain unaffected.

 

(3)

If one or more provisions of these General Terms and Conditions are or become invalid or impracticable, this shall not affect the validity of the terms and conditions of business. The ineffective or impracticable provision shall be replaced by one which comes closest to the economic and legal aspects of what the parties intended with the original regulation. This also applies to any contractual gaps.