Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Tipstergram Ltd. (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit their offer using the online order form integrated into the Seller’s online shop. By clicking the button that concludes the order process, the Customer submits a legally binding contractual offer for the goods in the shopping cart after having completed the electronic ordering process.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive;
- delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
- requesting payment from the Customer after placing the order.
If multiple of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The deadline for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.
4.3 If advance payment by bank transfer has been agreed upon, the payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of goods, delivery is made to the delivery address specified by the Customer within the delivery area indicated by the Seller, unless otherwise agreed. The delivery address provided during the order process is decisive.
5.2 If the delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. In the case of an effective exercise of the right of withdrawal, the return shipping costs shall be governed by the Seller’s cancellation policy.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer as soon as the Seller delivers the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the Customer is acting as a consumer, the risk generally passes to the Customer upon delivery of the goods to them or to an authorized recipient.
6) Retention of Title
If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the full payment of the purchase price is made.
7) Liability for Defects (Warranty)
Unless otherwise specified below, the statutory liability for defects shall apply.
7.1 If the Customer acts as an entrepreneur, the following applies:
- The Seller has the right to choose the type of supplementary performance;
- The limitation period for defects in new goods is one year from the delivery of the goods;
- Rights and claims for defects in used goods are excluded;
- The limitation period does not restart if replacement delivery is made under warranty.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:
8.1 The Seller is fully liable:
- In cases of intent or gross negligence,
- In cases of intentional or negligent injury to life, body, or health,
- In cases of guarantee promises, unless otherwise regulated,
- Under mandatory liability, such as under the Product Liability Act.
9) Alternative Dispute Resolution
9.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
