Conditions of Use
Terms and Conditions
§ 1 General Information
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern tüpo's relationship with you in relation to this website.
The term tüpo or 'us' or 'we' refers to the owner of the website whose registered office is Kaiserstraße 9, 63065 Offenbach, Germany. Our company registration number is DE DE 240 819 897. The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Germany.
§ 2 Formation of a contract
- The presentation of goods in our webshop is does not submit a firm proposal from us to a viewer in the sense of a purchase contract. The viewer is asked to send us a quote together with his order.
- With sending the order from the webshop (by clicking on the button “Purchase”, the viewer turns into a customer and is submitting a firm proposal on the goods contained in the cart. At the same time, the customer accepts all of our terms and conditions.
- We confirm the receipt of the order with sending a confirmation mail. This confirmation mail is not an acceptance of the firm proposal sent by the customer. It only serves to inform the customer that we received the firm proposal. We expressly accept the firm proposal with the delivery of the goods.
§ 3 Conditional sale
The goods remain our propriety until the are completely paid.
§ 4 Payment
We only accept payment in advance.
§ 5 Warranty
- The warranty rights of the customer are subject to the general laws of Germany. For customers right to claim damages § 6 of these terms ans conditions apply.
- The warranty rights of private customers are limited to the period of two years, those of business customers one year. This reduction is not applied to warranty claims caused by a damage of life, body and health of the customer as well as claims caused by violations of basic duties that emerge from the contract. These duties are those which are neccessary for the fulfilment of the contract. For example, we have to deliver the goods without defects and to transfer the rights of propriety to you after the payment.
The reduction is not applied to violations of duty causedby us deliberately or due to gross negligence.
The recduction is not applied to recourse liability according to § 478 BGB (business customers only) - We do not give any guaranty whatsoever.
§ 6 Disclaimer
- Warranty clams of the customer are not accepted unless anything else is defined below. This disclaimer applies also to third parties we are co-operating with.
- Excepted from the disclaimer in 1. are claims caused by a damage of life, body and health of the customer as well as claims caused by violations of basic duties that emerge from the contract. These duties are those which are neccessary for the fulfilment of the contract. For example, we have to deliver the goods without defects and to transfer the rights of propriety to you after the payment.
- The reduction is not applied to violations of duty causedby us deliberately or due to gross negligence.
- Regulations of Produkthaftungsgesetz (ProdHaftG) remain unaffected.
§ 7 Prohibition of transfer and pledging
The customer is not allowed to transfer or pledge of our claims and rights to a third party without the expressly aggreement of us, unless the customer doesn't give proof of legitimate interest.
§ 8 Set-Offs
The customer has no right to offset unless his claim is recognized by declaratory judgment or undisputed.
§ 9 Choice of law & Jurisdiction
- All contract relations between our conpany and a customer are governed by German law. Excluded from this choice of law are the regulations of consumer protections of the country where the customer has his main residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
- All disputes are to be settled before the courts of Offenbach am Main.
§ 10 Salvatory clause
If one of the conditions agreed to this agreement is or becomes, wholly or in part, void or invalid, the validity of this agreement is noch affected.
Right of revocation
According to German law, you can cancel this contract within two weeks in written form (e.g. letter or e-mail) without any reasons or – in case you received the goods before the end of this period – by returning the goods. The period of two weeks begins after the receipt of this instruction, but not before the receipt of the goods. To observe the revocation period it is neccessary to send the revocation in time. Please send it to
tüpo c/o t-time
Tanja Huckenbeck
Kaiserstraße 9
63065 Offenbach
Germanys
info@tuepo.de
Our goods are mainly manufactured by hand, so there can be minor differences from one product to the other. These differences are no defects or technical flaws. Please notice that the colour your screen displays can be different from the real colour of the goods.
Consequences of revocation
In case of a valid revocation, each party shall return the received services; the compensation for capitalised use (if any) shall be reimbursed. If you are unable or partially unable to return the goods to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – like for instance in a retail store – or putting the merchandise to its intended use. Additionally, you can help to aviod such a detiorated condition by not using it like your own property and avoid everything which could reduce its value. Things that can be shipped by parcel are to be returned on our cost and risk. If the goods delivered correspond the goods you ordered and the price of the goods to be returned does not exceed 40 Euro, you have to pay the return costs. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
Exceptions from the right of revocation
Please notice! According to § 312d Abs. 4 Nr. 1 BGB the right of revocation does NOT apply to goods which have been produced or manufactured according to the specifications of the customers or fit undoubtly to personal needs, as all our goods are except TL pot holders and t-lights do!
