TERMS & CONDITIONS.
Terms & Conditions
of the online shop www.stop-the-water-while-using-me.com, operated by T.D.G. Vertriebs GmbH & Co. KG.
Registered office: Hamburg
Trade register: AG Hamburg, HRA 109 850
Alter Wandrahm 10
Tel.: 040 / 325423-345
Fax.: 040 / 325423-197
Tax number: 74/259/02800
T.D.G. Vertriebs Verwaltungs GmbH
Registered office: Hamburg
Trade register: AG Hamburg, HRB 108 805
Managing director: Stefan Kolle, Kaya-Line Knust
The following terms & conditions (Allgemeine Geschäftsbedingungen) are in English and can be stored by customers in their personal computer’s memory. Upon request, customers may obtain a digital copy by writing to the e-mail address hello @stop-the-water-while-using-me.com. These terms & conditions are also available to customers prior to every order, via a link, and on the website. T.D.G.'s delivery address and authorized representative are listed in the final invoice.
For commercial purposes, T.D.G. operates a homepage at the website domain http://www.stop-the-water-while-using-me.com. On these websites T.D.G. offers customers products for purchasing via the Internet.
§ 1 Selection of Products
(1) Customers reserve the right to select and order products from the aforementioned website.
(2) With each product, the customer receives a separate product description on each website.
(3) Customers can click on the products they select. These are then collected in a virtual shopping cart. Upon checkout the customer receives a list of the products and their sum total, including VAT.
(4) Prior to shipping the order, T.D.G. lets customers check whether their order is correct, in particular the price and amount, with the option of making corrections.
§ 2 Right of Withdrawal of Contract
Right of Withdrawal
The customer reserves right to withdraw from the contract agreement without the need to provide a reason within fourteen days after receipt of the shipment of goods. The withdrawal is effective in writing (e.g. letter, fax, e-mail) or by returning the delivered goods. The withdrawal deadline of two weeks begins following receipt of written instruction of withdrawal, but not prior to receipt of the goods by the recipient (in the case of repeated delivery of similar goods not before receipt of the first partial shipment) and not prior to fulfilment of our duty to provide information in compliance with section 312c, clause 2 of the BGB (German Civil Code) in connection with section 1 clauses 1, 2 and 4 of the Ordinance on Information Obligations of the German Civil Code (BGB-InfoV). To fulfil the requirements of the withdrawal period, simply return the goods or notice of withdrawal within this period. Please send notice of withdrawal to:
T.D.G. Vertriebs GmbH & Co. KG
Alter Wandrahm 10
Effects of Withdrawal
In case of an effective withdrawal both parties’ received goods and services have to be returned and any benefits (e.g. interest rates) have to be delivered. If the customer cannot return delivered goods or services fully or only partly or only in a deteriorated quality, the difference has to be reimbursed. This does not apply in the case of delivered goods if the deterioration of the quality of the goods is only due to examination of the goods – as is the case in a retail shop. By using the item according to its specifications, or refraining from activities that can have an effect on the value of the item, the customer shall not be held responsible for any replacement upon deterioration. Items that can be shipped in packets must be returned at our cost and responsibility. If the delivered goods match the ordered goods, and if the value of the order falls below €40, or if the value of the goods is higher than €40 but at the time of withdrawal no quid pro quo or contractually agreed partial payment has been made, then the customer shall be responsible for and bear the cost of the return of the goods. In any other case, returns are free of charge. Non-transportable goods shall be picked up from the customer. Obligations to refund payments must be fulfilled within 30 days. The period of fulfilment begins for the customer upon dispatch of the instruction of withdrawal or of the item, for us upon receipt of either.
§ 3 Prices
(1) Catalogue prices as shown on the Internet pages at the time of the order apply.
(2) Prices are ex works including VAT and excluding postage and packaging.
(3) When selling to end customers, retailers agree not to underbid minimum prices at the time of order.
§ 4 Conclusion of Contract
(1) The offers made by T.D.G. on the website are subject to change without notice. In the case of non-availability, T.D.G. is not obliged to perform. A contract is concluded with a contractual obligation to perform individual services, insofar as T.D.G. confirms the customer’s order in writing.
(2) T.D.G. reserves the right to deliver goods of equal quality and cost, should the ordered goods not be available and the customer has agreed to this procedure.
§ 5 Performance of Contract
Processing of Orders
T.D.G. will process orders made on working days within 72 hours and inform customers if the ordered items are not available.
Insofar as the ordered products are available, T.D.G. will ship these within 4-5 days following entry of order. Products not available at the time of order will be reordered and delivered at a later stage within a reasonable period of time for the customer. In the case of partial shipments, full payment for cash upon delivery orders must be made as soon as the first part of the delivery reaches the customer.
Standard domestic shipping rates (postage and packaging) are €4.90 per order for payments in advance, and €8.90 for cash upon delivery payments (only for Germany). Standard domestic shipping rates in the EU (postage and packaging) are €14,00 per order for payments in advance. In the case of partial deliveries, customers only have to pay once for shipping.
Changes, Additions, Restrictions to Orders
T.D.G. shall undertake to provide quick answers to all queries by customers about placed orders with regard to changes, additions and/or restrictions to product amounts. Insofar as customers wish to change, add and/or deduct products from an order up to 5 working days prior to delivery, T.D.G. shall undertake to consider these changes.
§ 6 Service Address
For customer queries about products, T.D.G. provides a service address (email@example.com). This hotline is staffed five days a week (Monday to Friday) during normal business hours (10 a.m. – 4 p.m.).
§ 7 Terms of Payment
(1) T.D.G. shall bill the customer for the ordered goods with an invoice that shall be handed to customer upon delivery. T.D.G. delivers goods against payment in advance or against payment upon delivery. Advance payments or credit card direct withdrawal authorisation (insofar as this option is available in the order form) shall be taken into account in the invoicing process. In the case of deliveries on account (only available upon prior agreement and for businesses) all amounts shall be paid at the latest within 7 days after receipt of invoice. The invoice is delivered at the same time as the goods.
(2) Prices listed on invoices are retail prices including VAT.
(3) In the case of arrears in payment, the customer, who is also the consumer, is obliged to pay interest on late payments to the amount of 5% over the base rate to T.D.G., unless T.D.G. can prove a higher interest rate. In the case of customers, who are businesses, clause 1 applies with the proviso that the interest on late payments is 8% over the base rate.
(4) In the case of debit notes, T.D.G. shall charge a handling fee of €9 per debit advice plus any bank charges incurred to T.D.G.
(5) In the case of dishonour or return of a debit note, the customer placing the order shall hereby irrevocably authorise their bank to provide T.D.G. with their name and current postal address. Any fees for returned debit notes invoiced to T.D.G. due to reasons generally known by the customer placing the order can be claimed from the customer.
§ 8 Warranty and Liability
(1) The customer shall undertake to inform T.D.G. of any faults or defects to the product and to send the item to T.D.G. The warranty of the provider is in compliance with sections 433 et seqq. of the BGB (German Civil Code). In business dealing, warranty is restricted to one year, and T.D.G. reserves the right to either repair the product or provide a replacement free of charge at their own choice.
(2) T.D.G. is liable
- for the full amount of damages in the case of gross negligence of its organs and executive employees,
- on the merits of every culpable breach of fundamental contractual obligations,
- beyond such obligations also on the merits of gross negligence by persons employed by T.D.G. to perform the contract, unless T.D.G. can exclude its liability by contract by act of commercial practice,
- by size in the last two cases for compensation of typically predictable damages.
A customer’s contributory negligence shall be deducted. Liability due to intent, guarantee, fraudulent intent and for personal injury as well as in compliance with Product Liability Law shall remain unaffected.
§ 9 Force Majeure
(1) In case T.D.G. is unable to perform due to force majeure (in particular due to armed conflict or natural disasters), it shall remain exempt from its obligation to perform for the duration of the hindrance.
(2) Should T.D.G. be unable to fulfil the order or deliver goods for a period of longer than a month due to force majeure, the customer shall reserve the right to withdraw from the contract.
§ 10 Data Privacy
T.D.G. shall undertake to comply with all requirements of data privacy law, in particular with the provisions of the German Teledienstedatenschutzgesetz (Teleservices Data Protection Act).
Users agree that their personal data – entered upon registration – may be stored and used to operate the Internet services of the T.D.G.
The Internet services of T.D.G. respect the privacy of its users. Without prior consent, no personal user data is passed on to third parties or used for any other purposes.
This does not apply where necessary due to reasonable assumption:
- for the legal safety of other users,
- to meet legal requirements,
- to defend and protect the rights of the T.D.G.,
- to comply with these terms and conditions of use or
- to amend technical difficulties that may affect the services.
The Internet services of the T.D.G. will treat user data in compliance with the provisions of the Bundesdatenschutzgesetz (Federal Data Protection Act) and of the Teledienstedatenschutzgesetz (Teleservices Data Protection Act).
Users can request that the Internet services of the T.D.G. do not use their data in any further manner and that they are deleted. The user shall send an e-mail to firstname.lastname@example.org informing the T.D.G. to refrain from use of data for third parties.
The Internet services of the T.D.G. is obliged to inform you that other providers’ websites, which can be reached via the pages of the Internet services of T.D.G. , are not covered by the data protection regulations of these terms & conditions. The Internet services of T.D.G. are in no way liable or responsible for compliance with data protection on third-party websites.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain). An opt-out cookie will be stored on your device, which means that you'll have to click this link again, if you delete your cookies.
§11 Press Releases
(1) Press releases on products made by T.D.G., including images of said products, may only be issued with prior permission from T.D.G. Vertriebs GmbH & Co. KG.
§ 12 Final Provisions
(1) Language of contract is German.
(2) If any provision or provisions of this contract are in any way invalid, the validity of the remaining provisions shall not in any way be affected. T.D.G. and the customer shall undertake to replace invalid provisions with valid provisions, which come as close as possible to the original economic intentions of the contractual partners.
Date: 4 February 2011