Conditions of Use
Terms and Conditions
The company Schmierling GmbH, Neue Str.18, 99846 Seebach (in the following, "Touvit") only sells its merchandise based on the following Terms and Conditions:
1. General information
The following Terms and Conditions apply to all contracts, deliveries and other services. We hereby object to any other regulations imposed by the contractual partner.
Touvit is authorised to – at any time – amend or supplement these Terms and Conditions, including all potential appendices, upon appropriate advance notice. Any orders received before such an amendment will then be processed according to the still-currently-valid former Terms and Conditions.
Our offerings are non-binding. Slight variances to our illustrations or descriptions –as well as technical modifications – are possible. Upon the publication of a new issue, the previously current catalogue loses its validity.
3. Delivery and payment / non-compliance with order stipulations
The delivery and payment conditions set forth by Touvit are indicated in greater detail on the order form. There is no minimum order amount for end consumers. All of our prices include mandatory VAT (currently in the amount of 19%); for wholesale customers, the prices displayed in the shop are net prices. We still reserve the right to perform a partial delivery, insofar as this action apparently promotes the prompt handling of the order. Any exceptional forms of delivery requested by customers are subject to the local standard surcharge.
Upon sending us your order, you enter into a legally valid contract with us; since we initially experienced recurring attempts by prospective customers to initiate an order which was made in jest, we now see ourselves compelled to impose a processing fee of 10.00 € on unpaid orders; in addition, if applicable, postage costs ( 9.90 € ) are incurred for the shipment of C.O.D. packages which are then refused by the recipient and added to the invoice accordingly.
However, you have the option to cancel your order within 14 days following the order date.
4. Delivery periods
Merchandise at the warehouse (we are not liable for transport problems) is sent within five days of receipt of payment (if paid by pre-payment). If the merchandise is not available upon the issuance of the order, we will attempt to delver as quickly as possible. In the event that the non-compliance with a set time for delivery or provision of service is attributed to force majeure, labour disputes, unforeseeable obstacles or any other circumstances not created by us, this period will be extended as appropriate. In the event of non-compliance with a set time for delivery on other grounds than the aforementioned, the buyer is entitled to designate, in writing, an appropriate extension and, following its fruitless elapse in terms of the delivery/service on which the contract is based, to withdraw from the contract. If the impossibility of delivery/provision is attributed to any inability on the part of the manufacturer or our supplier, we and/or the buyer can withdraw from the contract, insofar as the agreed time of delivery has been exceeded by more than two (2) months. Any damages claims arising from delay or inability and/or non-fulfilment - also those which arose up to the point of withdrawal from the contract – are excluded, unless a legally appointed representative of the company Touvit acted intentionally or in gross negligence.
5. Right to return
We guarantee to end consumers a right to return (applicable to non-used and originally packaged merchandise) within one month. The return period then applies upon the return within one month of the invoice date. For merchandise which exceeds a total value of 40 €, we assume the transport costs for the return.
However, it is absolutely mandatory to notify us in advance of sending such a package – since otherwise, we refuse to accept such packages without any communication of their sending!!!!
6. Transfer of risk
Upon the shipment of the merchandise by Touvit, the risk is transferred to the buyer.
7. Liability for defects
7.1 Any defects in the merchandise will be eliminated (by replacement) by Touvit within the legally codified defect-liability period as of the receipt of the merchandise by the buyer. To initiate this process, the buyer must send the merchandise back to Touvit's headquarters with a written statement on the particular defect.
7.2 In the event of the failure of the remedy process, the customer is entitled to rescission or reduction.
8.1 The seller is liable for damages arising from intent and gross negligence, and for the lack of guaranteed properties in the merchandise – in the amount of the presumable damages.
8.2 The liability for the initial inability and culpability of auxiliary agents is limited to such damages which must be typically anticipated in the course of the sale of detergents.
Touvit warrants that the sold merchandise is free of material and manufacturing defects, and exhibits the properties guaranteed in the scope of the contract.
Upon receipt of the merchandise, the customer must promptly inspect it for any defects and for its proper form. In the event of visible defects, these must be relayed to us in writing within ten (10) days of discovery; the same applies to hidden defects. Otherwise, the warranty for these defects is not applicable. The warranty period amounts to 24 months from delivery. In the event of complaints, the purchase date must be verified by an invoice. The article which prompted the complaint must be sent, along with a copy of the invoice, in a container with sufficient postage.
The warranty does not extend to normal wear. The warranty lapses if and when the customer makes any modifications to the merchandise.
During the term of the warranty obligation, Touvit has the right to perform remedy, free of charge. A partial or complete replacement of the article is permissible.
If defects are not remedied within a reasonable interval, the buyer is entitled to rescission or reduction. In this context, § 476a BGB applies.
10. Bulk orderers
A bulk-orderer programme is planned (presumably to start by the third quarter of 2008)
11. Retention of ownership
The merchandise remains the property of the company Touvit until paid in full by the buyer.
12. Data storage
In accordance with § 28 of the German Federal Data Protection Code, we hereby notify you that the data necessary to process a transaction are processed and saved by an EDP system in accordance with § 33 of the German Federal Data Protection Code (BDSG). As a matter of course, personal data will be treated confidentially.
13. Newsletter distribution
Upon placing your order, you automatically consent to the receipt of our newsletter; however, you have the option to cancel the newsletter at any time, in writing or by e-mail.
German law applies to this contract in its entirety. Seebach has jurisdiction as applicable to salespeople.
15. Concluding provision
If a rule within these Terms and Conditions should be or become ineffective, the effectiveness of the remaining rules and provisions remains unaffected by this circumstance.
German law applies to these terms and conditions, with the exception of those rules which refer to the application of foreign law.
Responsible shop operator:
Tel.:+49 (0)36929 / 649941
Fax: +49 (0)36929 / 649941
General manager: Karina Bieniek
Tax no.: 157/119/03396
VAT ID no.: DE 257611963
HRB (Trade Registry) 502132