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Terms and Conditions

1. Basic Terms and Conditions

1.1 The following terms of sale apply to all contracts concluded via the online shop at the URL www.tuoli.de between Tuoli GmbH, Asterlagerstr. 99-101, 47228 Duisburg / Germany, Tel.: +49 (0)2065 – 893 450, Fax: +49 (0)2065 – 893 451, E-Mail: info@tuoli.de, VAT ID No.: DE280131426, Trade Register: HRB 23872, Registration Court: District Court Duisburg and the customer.

1.2 Customers under these terms and conditions are both consumers and business customers. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. A business customer is any natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

1.3 The relationship between the contracting parties is governed by the laws applicable in the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their usual place of residence.

1.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.

1.5 Information on online dispute resolution: The EU Commission provides an internet platform for the out-of-court resolution of consumer disputes (so-called "ODR platform"). The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr/

2. Contract Conclusion in the Online Shop

2.1 The contract is concluded under the conditions specified in sections 2.2 to 2.5 of these provisions.

2.2 All offers are non-binding – i.e. the products and services listed in the online shop do not constitute binding offers from Tuoli GmbH; rather, they are an invitation to the customer to submit a binding offer. By placing an order, the customer makes a binding contract offer.

2.3 Before finally submitting a contract declaration, the customer is asked to review the information and, if necessary, confirm it. In case of entry errors, it is possible to use the browser function to return to the previous website to make new entries. Tuoli GmbH will immediately confirm receipt of the order to the customer. However, this does not constitute acceptance of the order; this can be combined with the acceptance declaration.

2.4 The customer's contract offer can be accepted by Tuoli GmbH within three business days of its receipt. Acceptance can be expressed either by explicit notification or by delivery of the goods.

2.5 Tuoli GmbH does not assume procurement risk. Contract formation is therefore subject to the condition that in the event of incorrect or improper self-supply by suppliers, performance may not be rendered or only partially rendered. Tuoli GmbH's liability for intent or negligence remains unaffected by this. In the event of unavailability or only partial availability of the service, Tuoli GmbH will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.

3. Contract Text Storage; Contract Language

3.1 The contract text is not saved for order processing after contract conclusion and cannot be retrieved again on the website under the customer's membership data. However, the relevant website can be printed using the browser's print function during the ordering process.

3.2 The contract language is German.

4. Right of Withdrawal and Consequences

Consumers are entitled to a right of withdrawal for distance contracts in accordance with § 355 of the German Civil Code (BGB). For details, please refer to the separate withdrawal information. The contract can be terminated here.

5. Prices, Delivery and Shipping Costs

5.1 The prices listed in the respective offers in the online shop are final prices. They therefore include all price components, including any applicable taxes; however, in the case of cross-border delivery, additional taxes (e.g. in the case of intra-Community acquisition) and/or duties (e.g. customs) may be payable by the customer on a case-by-case basis.

5.2 Incurred packaging, shipping and insurance costs are not included in the purchase price. The respective amount of delivery and shipping costs is either listed separately in the respective offers or further details on the calculation of these costs are provided during the ordering process.

6. Payment Terms

6.1 Tuoli GmbH accepts the payment methods listed on the respective offer website and provided for selection by the customer. The customer selects their preferred payment method from the available payment options.

6.2 In the case of payment by bank transfer or PayPal, the customer undertakes to pay the purchase price plus any applicable delivery and shipping costs no later than 7 (seven) days after receipt of the payment request without deduction. The account details are provided together with the payment request.

6.3 In the case of delivery on account (cash on delivery), payment of the purchase price plus any applicable delivery and shipping costs is made at the time of delivery to the transport company handling the shipment.

6.4 The customer is only entitled to exercise the right of retention if their counter-claim arises from the same contractual relationship.

7. Shipping Terms

7.1 Articles are delivered – unless otherwise agreed with the customer – by mail to the delivery address provided by the customer. Self-pickup is possible; a pickup appointment should be agreed for this purpose.

7.2 The customer confirms that they have provided the correct and complete delivery address with their order. Should the customer have entered incorrect address data and this results in additional costs during shipment – such as additional shipping costs – the customer is responsible for these costs.

7.3 Articles purchased by the customer are shipped within 3 (three) business days after payment is received – unless a longer delivery period is expressly stated – in the case of payment by bank transfer or PayPal.

8. Notice of Transport Damage

For details on transport damage, please refer to the complete conditions.

9. Warranty Provisions

For details on your statutory warranty rights, please refer to the complete conditions.

10. Liability Provisions

For details on Tuoli GmbH's liability, please refer to the complete conditions.

11. Jurisdiction

If the customer is a merchant, a legal entity under public law or a special public fund, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of Tuoli GmbH; the same applies if the customer, as a business customer, has no general place of jurisdiction in Germany or if their place of residence or usual place of abode is not known at the time of bringing the action. The right to also appeal to a court at another statutory place of jurisdiction remains unaffected.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

  • To: Tuoli GmbH, Asterlagerstr. 99, D-47228 Duisburg; Fax: +49 (0)2065 – 893 451; E-Mail: info@tuoli.de
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification in paper form)
  • Date

(*) Delete as applicable.