GENERAL TERMS AND CONDITIONS
Deliveries are made by us exclusively on these terms and conditions of sale. By accepting our offer, the customer accepts these terms and conditions, even if they conflict with his terms and conditions in whole or in part. If the customer does not wish to accept our conditions, he must reject our offer.
§ 1 PLACING OF ORDERS
Our offers are subject to change. Contracts and orders placed by our customers can be accepted by us by express written notification, by fax, verbally or by telephone or by direct immediate dispatch of the goods within a period of 8 days. We are entitled to withdraw from contracts if there has been a significant deterioration in the financial circumstances on the part of the buyer, if an application for insolvency or composition has been filed or if the contractual partner is in default of payment for a shipment.
§ 2 SHIPPING
The recipient shall bear the transport risk, even in the case of carriage paid delivery. We reserve the right to decide on the mode of dispatch (transport route). Unless expressly declared in writing by the customer, the goods shall be compulsorily insured by us for transport. Any damage or loss in transit must be reported immediately. The buyer is also obliged to accept partial deliveries without the need for his prior express consent.
§ 3A WARRANTY PROVISIONS
The warranty period is 24 months from delivery from our warehouse. In order to make a warranty claim, it is generally necessary to enclose a description of the defect with the model and serial number and a copy of the delivery note or invoice with which the unit was delivered. No new warranty periods come into effect as a result of the warranty. Signs of wear and tear and the consequences of improper use of the goods by the customer are excluded from the warranty. Our warranty obligation shall expire if the customer does not notify us in writing of obvious defects within one week of receipt of the goods. An advance exchange is not possible. The return must be delivered free of charge. The warranty obligation of TPS Elektronik GmbH is limited to rectification of the relevant goods. If the rectification of defects fails, a subsequent delivery (replacement delivery) shall be made. Thereafter, the buyer shall be entitled to an unrestricted claim for cancellation of the contract or reduction of the purchase price.
§ 3B OTHER WARRANTY PROVISIONS
TPS Elektronik GmbH shall assign its warranty claims, which it has against its upstream suppliers, to the customer of TPS Elektronik GmbH. Any warranty claims asserted by customers against TPS Elektronik GmbH are subject to prior legal recourse against TPS Elektronik GmbH's suppliers. TPS Elektronik GmbH is only liable for warranty claims in the event of unsuccessful prior judicial recourse against the upstream suppliers.
§ 3C LIABILITY
Excluded from this are claims for damages by the customer arising from culpa in contrahendo, breach of ancillary contractual obligations arising from positive breach of contract, in particular for consequential damage caused by a defect, unless they are based on intent or gross negligence on our part or on the part of our vicarious agents. Insofar as products manufactured by TPS Elektronik GmbH are concerned, a claim based on manufacturer's liability shall be excluded insofar as it concerns a direct purchaser.
§ 3D WARRANTY COMPENSATION
The warranty obligation of TPS Elektronik GmbH shall expire in the event that a warranty discount has been visibly applied or granted on the purchase price.
§ 4 DELIVERY TIME
The delivery period shall commence as soon as agreement has been reached on all terms and conditions of the order and any contractual modalities have been clarified. Claims arising from non-compliance with a delivery period shall only exist if a period of grace of at least two weeks has been set by registered letter and the period of grace has also not been complied with. Operational disruptions - irrespective of the sphere and irrespective of the cause - exempt us from compliance with certain agreed delivery periods. They entitle the customer to withdraw from the contract in whole or in part. Claims for damages are excluded.
§ 5 PRICES
The prices are subject to change.
§ 6 PAYMENT
In principle, delivery is made by cash on delivery or cash in advance without discount. However, it is also possible to agree sales with a maximum payment term of 7 days after the invoice date net without deduction. After expiry of this period, the purchaser undertakes to pay interest on our claim at a rate of 5% above the discount rate of the Deutsche Bundesbank without any special reminder. This does not exclude the assertion of further damages caused by default. Agreements to the contrary must be in writing. Unless otherwise expressly agreed, the Seller shall be entitled to collect the purchase price from the Buyer by direct debit. The buyer hereby grants his direct debit authorisation for the direct debit procedure. Any agreements to the contrary must be in writing.
§ 7 RETENTION OF TITLE
The seller retains title to the goods until all claims of the seller against the buyer arising from the business relationship, including future claims also arising from contracts concluded at the same time or later, have been settled. The retention of title also extends to the recognised balance, insofar as claims against the contractual partner are booked in current account. (Current account reservation)
In the event of material breach of contract, in particular default of payment, TPS Elektronik GmbH shall be entitled to take back the delivered item. The buyer shall be obliged to surrender the goods. The taking back of a delivered item does not constitute a withdrawal from the contract unless TPS Elektronik GmbH has expressly declared this in writing. In the event that the item delivered by TPS Elektronik GmbH is seized, TPS Elektronik GmbH is to be informed immediately and the person carrying out the seizure is to be informed so that legal action can be taken in accordance with § 771 ZPO (German Code of Civil Procedure).
The customer shall store the goods subject to retention of title with commercial care for TPS Elektronik GmbH and sufficiently insure them against fire, water, theft and other liability risks at the expense of the buyer. The customer hereby assigns his claims from the insurance contracts to TPS Elektronik GmbH. TPS Elektronik GmbH accepts the assignment.
If the purchase price is paid by the buyer by bill of exchange or cheque, this shall only constitute a bill of exchange or cheque claim of the seller. The retention of title as well as the claims from the delivery of goods or the claims from extended retention of title shall only expire when the bill of exchange or cheque has been paid by the buyer as drawee.
The buyer is entitled to resell the reserved goods in the ordinary course of business. The purchaser hereby assigns to TPS Elektronik GmbH all claims arising from the resale against purchasers or third parties, irrespective of whether the delivery item has been resold with or without agreement. TPS Elektronik GmbH hereby accepts the assignment.
If goods subject to retention of title are sold unprocessed or after processing in combination with items that are the exclusive property of the buyer, the buyer hereby assigns to the seller the full amount of the claim arising from the resale. If goods subject to retention of title are sold by the buyer after processing/combination together with goods not belonging to the seller, the buyer already now assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights and priority over the rest. The seller accepts the assignment.
The buyer shall be authorised to collect this claim even after assignment. The authority of the seller to collect the claim himself remains unaffected. However, the seller undertakes not to collect the claim as long as the buyer meets his payment and other obligations. The seller can demand that the buyer informs him of the assigned claims and their debtors, provides all information necessary for collection and hands over the relevant documents, in particular the customer orders, the order confirmation copies, the invoice copies, and that the buyer informs his debtors of the assignment to TPS Elektronik GmbH.
The processing or transformation of goods subject to retention of title shall always be carried out by the buyer on behalf of the seller. If the goods subject to retention of title are processed with items that are the sole property of the buyer or with items to which there is no extended retention of title, the seller shall be entitled to sole ownership of the new item. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller shall be entitled to co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing.
If the value of the existing securities exceeds the claims to be secured by more than 15%, the seller shall be obliged to release them at the buyer's request.
§ 8 PLACE OF PERFORMANCE AND JURISDICTION
Place of performance for payment and delivery for both contracting parties is Mönchengladbach. The place of jurisdiction is Mönchengladbach. Should different terms and conditions of business indicate different places of jurisdiction, Mönchengladbach is hereby agreed as the place of jurisdiction.
§ 9 FINAL CLAUSE
The legal invalidity of individual provisions shall not affect the binding force of the remainder of the contract. An invalid provision shall be replaced by a valid provision which comes as close as possible to the invalid provision. With the announcement of these terms and conditions, all previous terms and conditions lose their validity.
§ 10 WEBSHOP
• Scope of application
These General Terms and Conditions (GTC) apply to all deliveries from TPS Elektronik GmbH (hereinafter referred to as TPS) to consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
• Contractual partner
The contract of sale is concluded with TPS Elektronik GmbH, Managing Director: Dipl. Ing. Zhiyi Li, Senefelderstr. 8, 41066 Mönchengladbach, Commercial Register: Mönchengladbach District Court, HRB 6392.
• Conclusion of contract
o The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.
o By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
• Right of withdrawal
o If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions.
o If you, as a consumer, make use of your right of revocation pursuant to section 4.1, you shall bear the regular costs of the return shipment.
o In all other respects, the regulations apply to the right of revocation, which are reproduced in detail in the following
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us [enter the name of the trader, address, telephone number and e-mail address] of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert here the name and address of the person authorised by you to receive the goods, if applicable) without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- End of the cancellation policy -
(¹ This cancellation policy is valid from 28.05.2022. It does not apply to the separate delivery of goods).
• Prices and shipping costsThe prices stated on the product pages include the statutory value added tax and other price components.In addition to the prices stated, we charge a flat rate of 8.00 euros per order for delivery within Germany. The shipping costs are clearly indicated on the product pages, in the shopping basket system and on the order page.In the case of payment by cash on delivery, an additional fee of the amount determined by the delivery company will be due, which the delivery company will charge locally. Further taxes or costs do not apply.DeliveryDelivery is made worldwide for an appropriate fee.The delivery time is up to 7 days. We will indicate any deviating delivery times on the respective product page.PaymentPayment can be made either in advance or via Paypal.If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.Retention of titleThe goods remain our property until full payment has been received.Dispute resolutionThe EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board for the resolution of disputes with consumers or are obligated to do so in accordance with ____ (specify the legal norm or the contractual agreement). The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. In order to settle the aforementioned disputes, we will participate in a dispute resolution procedure before this body.Alternative:The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.