General Conditions of Sale - Tak & Nie Shop with Confidence

https://takandnie.com – General Conditions of Sale – in German: Allgemeine Verkaufsbedingungen updated 04 November 2024 The following General Conditions of Sale apply to contracts that you, as a buyer, conclude with us, Tak & Nie UG, as a provider, via the Website (each a “contract”).

OUR GENERAL CONDITIONS OF SALE APPLY TO THE SALE AND/OR DELIVERY OF MOVABLE GOODS (OUR “PRODUCTS”), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers.

WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS

You can find everything you need to know about us, Tak & Nie UG, and our products on our website before you order. We also confirm the essential contractual information with you in writing, via email, if we accept your order and prior to shipping.

BUSINESS CUSTOMERS ARE DISTINCT FROM CONSUMERS

An “entrepreneur” is in accordance with Section 14 of the BGB (Bürgerliches Gesetzbuch – German Civil Code) a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession. We shall hereinafter refer to them as “business customers”. A “consumer” within the meaning of the following terms is in accordance with section 13 BGB every natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

WE DON’T GIVE BUSINESS CUSTOMERS ALL THE SAME RIGHTS AS CONSUMERS

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

WE DO NOT RECOGNISE ANY TERMS AND CONDITIONS OF THE BUYER

Unless we have expressly agreed or expressly agree in writing or in electronic text form that the buyer’s terms and conditions apply, our General Conditions of Sale shall apply. Our General Conditions of Sale shall also apply if we perform delivery of the purchased products without reservation in knowledge of conflicting or deviating terms and conditions of the buyer.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

Your contract with us is in the English language.
We only accept orders after we’ve checked them.
Sometimes we reject orders.
We charge you when you order.
You can pay by several payment methods.
Applicable shipping costs are not included in the purchase price.
We charge interest on late payments.
We pass on increases in VAT.
We deliver in the EU and you are paying for the shipping costs.
We’re not responsible for delays outside our control.
Products can vary slightly from their pictures.
You’re responsible for making sure your measurements are accurate.
We charge you if you don’t give us the information we need.
If you are a consumer and you bought online you have a legal right to change your mind.
You have rights if there is something wrong with your product.
We can change products and these terms.
We can suspend supply (and you have rights if we do).
We can withdraw products.
We can end our contract with you.
We don’t compensate you for all losses caused by us or our products.
We use your personal data as set out in our Privacy Notice.
You have several options for resolving disputes with us.
Other important terms apply to our contract.

YOUR CONTRACT WITH US IS IN THE ENGLISH LANGUAGE.

Also, the complete contract text is not stored by us. Before sending your order via the online shopping cart system on our Website, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the GTCs will be sent to you again via email.

In the case of offer requests outside the online shopping cart system on our Website, you will receive all contract data as part of a binding offer in text form sent, for example, by email, which you can print out and save electronically.

WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM.

We contact you to confirm we’ve received your order (normally within 14 days) and to confirm we’ve accepted it. All orders will take effect exclusively if followed by a written acknowledgment of the order by us. The actual delivery of the products ordered, any other conduct of us or silence on our part does not allow you to assume the formation of the contract.

The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via the website and/or email. You must therefore ensure that the email address that you provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

SOMETIMES WE REJECT ORDERS.

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

WE CHARGE YOU WHEN YOU ORDER.

However, for some products we take payment at regular intervals, as explained to you during the order process. You will own your product once we have received payment in full.

YOU CAN PAY BY SEVERAL PAYMENT METHODS.

The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer. Unless otherwise stated for the individual methods of payment, the payment claims arising from the contract concluded are due for payment immediately.

Payments are not directly handled by us, but rather by the payment processing provider and as such, please make sure you carefully read, understand and agree to their payment terms, prior to making any online payment.

APPLICABLE SHIPPING COSTS ARE NOT INCLUDED IN THE PURCHASE PRICE.

They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been expressly and specifically promised.

WE CHARGE INTEREST ON LATE PAYMENTS.

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the prevailing statutory rate of the Deutsche Bundesbank from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

WE PASS ON INCREASES IN VAT.

Unless otherwise agreed in individual cases, our prices that are valid at the time of conclusion of the contract shall apply, excluding delivery, plus statutory VAT.

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

WE DELIVER IN THE EU AND YOU ARE PAYING FOR THE SHIPPING COSTS.

The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

As far as services to things of you are the subject matter of the contract and as far as in the respective offer or under the correspondingly designated button no other period is specified, the performance of the service, including delivery of your item for shipment within 3-5 days after receipt of your item by us (in case of agreed advance payment, however, only after the time of your payment instruction).

Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold product during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If the buyer is in default in acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we shall be entitled to demand compensation for the resulting loss, including additional expenses (e.g. storage costs). The statutory provisions regarding default in acceptance shall apply without restriction.

WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL.

If our supply of the product is delayed by an event outside our control, such as delays in the delivery of good from our suppliers, the impact of labour disputes or strikes, lockouts, any fortuitous or force majeure event, as defined by applicable law, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, and the delivery period shall be extended by a reasonable length of time. If the delivery or performance of the contract becomes permanently impossible and/or the contract is frustrated as a result, then both we and you, as the customer, may withdraw from the contract without the other party to the contract thereby being able to derive any claims for compensation. Please contact our customer support to end the contract and receive a refund for any products you have paid for in advance, but not received.

PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES. ESSENTIAL CHARACTERISTICS OF THE PRODUCTS AND SERVICES.

A product’s true colour may not exactly match that shown on your device or or its packaging may be slightly different.

The essential characteristics of the products and/or services can be found in the respective sections of the Website. These are subject to the terms herein.

YOU’RE RESPONSIBLE FOR MAKING SURE YOUR MEASUREMENTS ARE ACCURATE.

If we’re supplying the product to measurements you provide, you’re responsible for making sure those measurements are correct. Find information contact connect@takandnie.com.

WE CHARGE YOU IF YOU DON’T GIVE US INFORMATION WE NEED

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery.

IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for:

services, once these have been completed (e.g. transport, delivery);
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
products that are made to your specifications or are clearly personalised; and
products which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the products are for regular delivery, you can only change your mind after the first delivery. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact our customer support: connect@takandnie.com OR fill in the online form https://takandnie.com/contact/

You have to return the product at your own cost. You have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offer free returns when you bought the products. You can:

send the product back to us by contacting connect@takandnie.com. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the products at all or within a reasonable time we won’t refund you the price.

We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you bought a service (such as: customization, personalization) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

When and how we refund you. If your product hasn’t been delivered or we are collecting it from you, we refund you as soon as possible or within 14 days of picking it up from you, respectively. If your product is products that you’re sending back to us, we refund you within 14 days of receiving them back from you. We refund you by the method you used for payment. We don’t charge a fee for the refund.

YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT.

We honour our legal duty to provide you with products that are, in as much as possible, as described to you on our website (subject to Products can vary slightly from their pictures, You’re responsible for making sure your measurements are accurate and We can change products and these terms herein) and that meet all applicable requirements imposed by law.

Your rights and remedies if you are a consumer.

Return the product to us. If you think there is something wrong with your product, you must contact our customer support. The statutory rights of liability for defects apply. As a consumer, you are required to check the product immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible.

Your rights and remedies as a business customer.

Your rights as a buyer in the event of material defects and defects of title (including wrong and short delivery, as well as improper assembly or defective assembly instructions) shall be governed by the statutory provisions, unless otherwise stipulated below.

The basis of our liability for defects is primarily the agreement reached regarding the quality of the products. All product descriptions and manufacturer’s details that are the subject of the individual contract or that we have made public (in particular in catalogues, datasheets or on our Website) at the time of the conclusion of the contract shall be deemed to be the agreement on the quality of the products. This information does not constitute any guarantee.

Whether there is a material defect or a defect of title shall be determined in principle in accordance with the statutory provisions (Sections 434 and 435 BGB). However, we do not assume any liability for public statements made by the manufacturer or other third parties (e.g. advertising statements) to which the buyer has not referred as decisive for its decision to purchase.

The buyer’s claims for defects shall be excluded if it has not complied with its statutory obligations to inspect and give notice of defects (Sections 377 and 381 of the German Commercial Code (HGB)). In the case of products intended for integration or other further processing, an inspection must in all cases be carried out immediately before processing. If a defect is discovered on delivery, inspection or at any later time, we must be notified of the defect promptly in writing. In any case, obvious defects must be reported in writing within 7 calendar days of delivery and defects that are not identified on inspection must be reported in writing within the same period from the date that they are discovered. If the buyer fails to carry out the proper inspection and/or to report defects, our liability for the defect that has not been reported or has not been reported in time or not properly shall be excluded according to the statutory provisions.

If the delivered products are defective, we may initially choose whether to provide subsequent performance by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).

Our right to refuse subsequent performance under the statutory conditions remains unaffected.

As a business buyer you shall give us the time and opportunity necessary for the subsequent performance that we owe, in particular, you shall hand over the products subject to complaint for inspection purposes. In the event of a replacement delivery, you must return the defective products to us in accordance with the statutory provisions. Subsequent performance does not include uninstalling the defective products or reinstallation, unless we were originally obliged to install the products.

We shall bear or reimburse the expenses necessary for the purpose of testing and subsequent performance, in particular the transport, travel, labour and material costs, as well as any removal and installation costs, in accordance with the statutory provisions, if there is in fact a defect. Otherwise, we may demand reimbursement from you of the costs incurred as a result of the unjustified demand for rectification of defects (in particular inspection and transport costs), unless you were unable to identify the lack of defect.

As a buyer you shall only have claims to damages or compensation for futile expense, including in the case of defects, in accordance with the Section We don’t compensate you for all losses; claims in all other respects are excluded.

WE CAN CHANGE PRODUCTS AND THESE TERMS

Our offers are always subject to change and are not binding. If an order qualifies as an offer within the meaning of Section 145 BGB, we may accept this offer from you within 14 days of receipt. Acceptance may be declared in writing (e.g. by order confirmation).

The illustration, details and descriptions contained in catalogues, price lists and other documents that we issue in connection with the conclusion of contract are approximate values, unless we expressly describe or have described them as binding in our order confirmation.

We reserve the right to always change a product or price, including, for example:

to reflect changes in relevant laws and regulatory requirements;
changes in stock, availability of stock for whatever reason;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product.

WE CAN SUSPEND SUPPLY

We reserve the right to suspend any product at any time, including, for example to:

deal with technical problems or make minor technical changes;
reflect stock availability from time to time;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the product.

WE CAN WITHDRAW PRODUCTS

We reserve the right to withdraw any product at any time. We let you know through the Website and we refund any sums you’ve paid in advance for products which won’t be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

you don’t make any payment to us when it’s due and you still don’t make payment within 14 days days of our reminding you that payment is due;
you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.

WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

Unless otherwise provided for in these Terms and Conditions of Sale including the provisions below, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.

We shall only be liable to pay damages for fault – regardless of the legal grounds – in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in own affairs; minor breach of duty), for the following:

a) loss resulting from injury to life, body or health,
b) loss resulting from the breach of an essential contractual obligation (obligation the fulfilment of which is essential for the proper execution of the contract and on compliance with which the other party typically relies and is entitled to rely); in this case, however, our liability shall be limited to compensation for the typically foreseeable loss.

The limitations of liability under the previous section shall also apply to breaches of duty by or in favour of persons for whose fault we are responsible under the statutory provisions. They do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the products and they also do not apply to claims by the buyer under the German Product Liability Act (ProdHaftG).

For a breach of obligation that does not consist in a defect, the buyer may only withdraw or terminate the contract if we are responsible for the breach of obligation. An unrestricted right for the buyer to terminate the contract is excluded. In all other respects, the statutory conditions and consequences shall apply.

There shall be no claims for material defects if the defect or damage is due to wear and tear as a result of normal use, if the defect or damage relates to spare parts and those assemblies and parts that have to be replaced regularly or if the defect or damage has arisen because the buyer has not reported a defect promptly after its discovery (see clause 4.4) or if the products have been handled incorrectly or overused.

If the buyer is a business customer and is acting in the exercise of its commercial or self-employed professional activity when concluding the contract, used equipment is sold excluding any liability for material defects.

This does not affect claims for damages in the event of personal injury or liability for intent and gross negligence.

If the buyer has resold the delivered products to a consumer within the meaning of Section 13 BGB and the consumer asserts claims for defects, the following applies:

Claims of the buyer against us are excluded if the buyer does not pass on the consumer’s complaint to us within seven calendar days. The complaint must be passed on in writing or in electronic text form.
The buyer must send us products that are received back from the consumer, at our discretion, either as in entirety or in the form of samples for the purpose of reviewing the consumer’s complaint.

Notwithstanding Section 438(1) No. 3 BGB, the general period of limitation for claims arising from material defects and defects of title shall be one year from delivery, unless we are liable for intent. Insofar as acceptance has been agreed, the limitation period shall commence on acceptance.

The above limitation periods shall also apply to contractual and non-contractual claims for damages by the buyer that are based on a defect in the products, unless applying the statutory limitation provisions would lead to a shorter limitation period in individual cases. Claims for damages by the buyer under Section 8(2) sentence 1 and sentence 2(a) and under the German Product Liability Act (ProdHaftG), however, shall become statute-barred exclusively according to the statutory periods of limitation.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude any and all terms implied.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: https://takandnie.com/privacy-policy/

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints procedure. Our customer support: https://takandnie.com/contact/ will do their best to resolve any problems you have with us or our products as per our complaints procedure.

Alternative dispute. We do not participate in dispute resolution procedures before consumer arbitration boards.

You can go to court. The contracts concluded between us and you as buyer in accordance with these terms shall be governed exclusively by the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory law provisions of the state of the consumer’s habitual residence may be hereby excluded. The application of the UN Convention on Contracts for the international Sale of Goods (CISG) is excluded.

If you are a consumer residing in the European Union, you can bring claims against us in the Munich courts, in Germany. If you are a consumer we can claim against you in the courts of the country you live in.

The place of jurisdiction for disputes with businesses registered under the German Commercial Code (Handelsgesetzbuch or HGB) and persons who do not have a general place of jurisdiction in Germany is Munich, the Federal Republic of Germany. We may also bring proceedings against you as buyer at our discretion at the court that has jurisdiction over your registered office.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact our customer support to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

The original version of these GCS was created on 8 November 2024 with support from https://spotlegal.io . Historic versions are archived and can be obtained by contacting us at connect@takandnie.com.