Terms of service
1. General information
These Terms and Conditions apply to contracts between Taverimoto AG and its customers. Insofar as the term "consumer" is used in the following, the following shall apply: Consumer shall be any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. These Terms and Conditions shall apply exclusively, subject to individual agreements to the contrary. Any formula reference to the customer's general terms and conditions is contradicted. As far as applicable national regulations contradict the regulations in these T&Cs, the respective national regulations apply.
2. Right of revocation and model revocation form
Consumers are granted a right of revocation in accordance with the statutory provisions; please note the revocation instructions provided within the scope of the offer.
3. Retention of title
If the customer is a consumer, the following shall apply: The goods shall remain our property until the purchase price has been paid in full. If a third party enforces prosecution against the goods, the customer is obliged to inform us immediately and to provide us with all information and documents required for an intervention. If the customer is not a consumer, the following also applies: The goods may be resold in the ordinary course of business. The customer hereby assigns the purchase price claim in the amount of the outstanding claim to which we are entitled; we hereby accept the assignment. The customer remains revocably entitled to collect the claim. Upon informal request, the customer shall provide the name and address of the debtor. We shall not collect the claim on our part unless the customer is in default or an insolvency petition has been filed against the customer's assets. Any processing or transformation of the goods shall take place on our behalf. In the event of processing or transformation of the goods with materials not owned by us, we shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount incl. VAT) to the value of the new item. The same shall apply in the event of combination or inseparable mixing, insofar as the goods are not the main item.
4. Delivery
If the delivery of the goods is due, we hand over the goods to a shipping company, which delivers the goods free kerbstone. The delivery time for the desired product can be found in the description of the products offered. Unless otherwise stated there, we shall ship the goods when agreeing to prepayment within two working days of receipt of payment; if prepayment has not been agreed shipment will be sent within two working days of receipt of your order.
5. Warranty for sales contracts
Warranty claims of commercial customers lapse in one year; the lapse of recourse claims in the sense of §§ 478, 479 BGB (German Civil Code) remains unaffected by this. If used goods are sold, the warranty towards commercial customers is excluded; towards consumers, the warranty claims lapse in one year. The foregoing limitations shall not apply to claims for damages or reimbursement of expenses based on gross negligence, intent or breach of contractual obligations, whose proper fulfillment is essential for the execution of the contract and on which the customer may regularly rely (hereinafter referred to as "cardinal obligations"). They shall also not apply insofar as claims for damages or reimbursement of expenses due to injury to life, body or health or claims based on the Product Liability Act are concerned. If a cardinal obligation is negligently violated, our liability shall be limited in amount to such damages and expenses as are typically associated with the contract and foreseeable.
6. Liability
1. Our liability for damages and expenses based on simple negligence is excluded, as far as the claims are not based on the breach of contractual obligations, whose proper completion is essential for the execution of the contract and on which the customer may regularly rely (hereinafter referred to as "cardinal obligations") or claims based on injury to life, limb or health are affected. Claims which find their basis in the Product Liability Act shall also remain unaffected. If a cardinal obligation is negligently violated, our liability shall be limited in amount to such damages and expenses as are typically associated with the contract and foreseeable.
2. The above shall also apply to breaches of duty by our vicarious agents.
3. The same shall apply to the contractual partner's claim to a lump-sum payment in accordance with sec. 288 Para. 5 BGB (German Civil Code) or to compensation for damage caused by legal action.
7. Offsetting
The customer may only offset his own claims if they are undisputed, recognized by us, or legally established. These restrictions shall not apply if the claim originates from the same contractual relationship as our claim against which setting-off is possible.
8. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under the exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9. Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of Switzerland, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of Switzerland, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event, however, regarding the aforementioned cases, the Seller is entitled to call the court responsible for the seat of the Client.
10. Alternative dispute resolution
1. The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
2. The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.