GENERAL TERMS AND CONDITIONS
1.1 The following terms and conditions apply to sales contracts that you make in the online store porthy.com of
Managing directors: Paul Böllhoff, Jonathan Tenge
The General Terms and Conditions shall also apply to all future business relations vis-à-vis companies, even if they are not expressly agreed again. Unless otherwise agreed, the inclusion of any own conditions used by you is contradicted.
1.2 The product range in our online store is aimed equally at consumers and entrepreneurs.
2. conclusion of contract
2.1 Our presentation of goods does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
2.2 By placing an order in the online store, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.
2.3 We will send the customer a confirmation of receipt of the offer without undue delay after receipt of the offer, which does not constitute acceptance of the offer. The offer shall be deemed accepted by us only as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer comes only with our acceptance.
3. cancellation policy
Each customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return policy, which is communicated to him in the context of the order on our website, and return the goods.
3.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason
The withdrawal period is fourteen days, on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has.
To exercise your right of withdrawal, you must send us TuBe UG - Von-Möller-Str. 63 - 33649 Bielefeld- Germany, Email: firstname.lastname@example.org , by means of a clear statement (eg letter or e-mail) about your decision to revoke this contract. You can use for this purpose the attached sample withdrawal form, which is linked on the withdrawal form, but which is not mandatory.
To comply with the withdrawal period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.2 Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For the repayment, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged because of this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You are obliged to return or hand over the goods to us without undue delay, but no later than within fourteen days from the date on which you informed us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate cost of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
3.3 General notes
Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please ensure shipping with a suitable packaging for adequate protection against transport damage.
Please do not return the goods to us via freight collect
3.4 Cancellation form
If you want to cancel this contract, please fill outthis formand send it back.
4.1 Prices are inclusive of VAT. Shipping and packaging costs as well as customs duties and similar charges are borne from an order value of 45€us. If the order value is less than 45€, the customer bears these costs himself and will be charged separately.
4.2. we accept only the payment methods displayed in the context of the ordering process to the customer in each case.
4.3. the payment of the purchase price is due immediately upon conclusion of the contract.
5. delivery and shipping terms
5.1 The periods and dates specified by us for the shipment of the goods and all delivery periods specified or otherwise agreed by us shall always apply only approximately and are therefore non-binding.
5.2 Unless expressly agreed otherwise, we shall determine the mode of shipment and the transport company at our reasonable discretion.
5.3 We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
5.4. If we incur additional shipping costs due to the specification of an incorrect delivery address, an incorrect addressee or an impossibility of delivery of the goods, these costs are to be reimbursed by the customer, unless he is not responsible for the misdeclaration or he was temporarily prevented from accepting the service, unless the seller had given the customer reasonable prior notice of the service.
6. retention of title
The goods remain our property until full payment.
7.1. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law on sales (§ § 433 et seq. BGB).
7.2 If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation does not apply to claims based on damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his agents.
7.3. In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB)
7.4 If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- For the quality of the goods are only our own information and the product description of the manufacturer binding, but not public promotions and statements and other advertising of the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. The timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In case of violation of the obligation to inspect and notify defects, the assertion of warranty claims is excluded.
- In the event of defects, we provide warranty at our discretion by rectification or replacement (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can, at your option, demand a reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
8.1 For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation:
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in case of warranty promises, if agreed, or
as far as the scope of application of the Product Liability Act is opened.
8.2 In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
8.3 We shall not be liable (irrespective of the legal grounds) for damages that are not typically to be expected under normal use of the goods. Our liability is also excluded for damages resulting from loss of data, if the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability do not apply in case of intent or gross negligence.
9. choice of law, place of performance, place of jurisdiction
9.1 With regard to all claims and rights arising from this contract, the law of the Federal Republic of Germany shall apply. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
9.2 The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The authority to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
10. Alternative Dispute Resolution
10.1 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform).
10.2. we are not required by law, nor are we willing, to participate in a dispute resolution procedure before a consumer arbitration board.
As of October 2020.