Terms of service
General Terms and Conditions with Customer Information Table of Contents
1. scope of application
2. conclusion of contract
3. right of cancellation
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. liability
9. special conditions for the processing of goods according to specific customer specifications
10. special conditions for assembly/installation services
11. special conditions for repair services
12. redemption of promotional vouchers
13. applicable law
14. place of jurisdiction
15. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Tackle24.de Neumann und Feldmann OHG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services 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 independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form or by telephone.
2.3 The seller can 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), whereby the receipt of the order confirmation by the customer is decisive in this respect, or - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or - by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement -full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes.
4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period stated on the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.7 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is authorised by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms .
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in co-operation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been placed in the online shop. The provider remains responsible for general customer enquiries, e.g. regarding returns, complaints, declarations of cancellation and returns or credit notes, even if the payment method of credit card payment via secupay AG is selected.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier or other person or organisation designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent fulfilment;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The above limitations of liability and shortening of the limitation period shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.
8.3 Any further liability of the seller is excluded.
8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trade mark rights and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defence, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Special conditions for assembly/installation services
If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:
10.1 The seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.
10.2 The Customer shall provide the Seller with the information required for the provision of the service owed in full and truthfully, insofar as the procurement of such information does not fall within the scope of the Seller's obligations according to the content of the contract.
10.3 The Seller shall contact the Customer after conclusion of the contract in order to agree an appointment for the service owed. The customer shall ensure that the seller or the personnel authorised by the seller have access to the customer's relevant facilities on the agreed date.
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.
11) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:
11.1 Repair services shall be provided at the seller's registered office.
11.2 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.
11.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is not the responsibility of the Seller according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.
11.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
11.5 The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable carrier at the seller's place of business. At the Customer's request, the Seller shall take out transport insurance for the goods.
11.6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it from the Seller's place of business if this is stated in the Seller's service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risks for the dispatch and return of the item shall apply accordingly.
11.7 The aforementioned provisions do not limit the customer's statutory rights in the event of defects in the case of the purchase of goods from the seller.
11.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
12) Redemption of promotional vouchers
12.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
12.2 Promotional vouchers can only be redeemed by consumers.
12.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
12.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.5 Only one promotional voucher can be redeemed per order. 12.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
12.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
12.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
13) Applicable law
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
13.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
15) Alternative dispute resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
15.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions
Version: 01.05.2018
1. Area of application of the terms and conditions
1.1 For the business relationship between the Tackle24.de Neumann und Feldmann OHG, Walther-Rathenau-Strasse 4, 64521 Gross-Gerau /Germany and the customer, solely the following terms and conditions in the version current at the time of the conclusion of contract apply.
We do not accept conflicting or deviating terms and conditions of purchase from our terms and we contradict these terms and conditions. The current version of the terms and conditions is available at www.tackle24.de or on request.
In addition to these terms and conditions, the license conditions for the product as provided by the manufacturers apply. Product names and logos are property of manufacturers and may not be used without permission. Product images are exemplary illustrations of the delivered products and may differ from the delivered products. Deviating conditions of the purchaser are not accepted.
1.2 Orders and deliveries into countries are possible, if they are currently selectable in the country-box of our online shop and if it is legally possible. If you require a delivery to a different country, we will try to help you.
1.3 These Terms and Conditions supersede and replace all previous versions.
1.4 Our information and offers regarding the equipment and product specifications are subject to change. Printing errors and omissions excepted. In view of the continuous technical development and improvement of products we reserve the right to make changes in design and execution. This also applies for but is not limited to modifications for maintaining the ability to deliver and for price adjustments.
Current prices at: www.tackle24.de
2. Conclusion of Contract
2.1 The presentation of products in our online shop does not represent a legally binding offer, but a non-binding online-catalogue. By clicking the button \"purchase” you place a binding order for the goods in the shopping cart. The acknowledgement of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. Alternatively you can send a written order or make a telephone order. We can accept your order by sending an order confirmation via e-mail or by delivery of the goods within five days.
2.2 Contract language in Germany is German, in all other countries German or English.
3. Exercise the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4
64521 Gross-Gerau
Germany
Phone: +49 (0)6152 8059880
Fax: +49 (0)6152 8059881
Email: info@tackle24.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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Model withdrawal form
Please complete the form and send it to Tackle24.de Neumann und Feldmann OHG, Walther-Rathenau-Strasse 4, 64521 Gross-Gerau, Germany, Fax: +49 (0)6152 8059881, email: info@tackle24.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: - Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate
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Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal instructions
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to distance selling contracts for the delivery of goods which are manufactured according to customer’s specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their condition or which can quickly deteriorate or whose expiration date would expire.
4. Prices
4.1 The listed prices in our Online-Shop at the time of order are valid for deliveries. In the catalogue and in the online shop with chosen status \"private customer\" shown prices include sales tax (VAT). In case of an increase in sales tax (VAT), Tackle24.de Neumann und Feldmann OHG is obliged to charge the new tax rate. This applies also for price increases on the book market due to legal price-fixing as well as for articles which are labeled \"daily prices\".
4.2 All prices are plus shipping costs. The shipping costs are calculated depending on the weight of the packages and the country of destination. When the chosen payment is Cash on Delivery, an increased shipping cost lump sum will be charged (in Germany). The shipping cost lump sum per country and weight are listed at: www.tackle24.de/shippingcosts
4.3 The unit net price/total net price as well as the additional costs (expenses, valid VAT / VAT rate) are listed in the shopping cart and the invoice.
4.4 Minimum amount of order without transportation fee is 15,00 € including sales tax (VAT).
4.5 Special offers in our shop can be limited in time or quantity. Details are provided in the product description.
5. Payment terms
5.1 Payment methods within Germany:
• Cash on delivery (COD), In case of COD we charge a higher transport cost lump sum (see section 5.2)
Tackle24.de Neumann und Feldmann OHG reserves the right, as a safeguard against risks of creditworthiness in individual cases, to rule out specific methods of payment and carry out deliveries only against prepayment.
The payment options outside Germany are listed per country:
www.tackle24.de/payments
5.2 Payment delay
In the event of payment delay we reserve the right to charge to you interest at a rate of 5% above the current rate of the Deutsche Bundesbank base interest rate.
You are free to prove that no or only minor financial loss has arisen due to payment delay.
Furthermore, we have the right to refuse any shipments also from other contracts. We are not liable for any loss resulting from this non-delivery.
6. Delivery/partial delivery/replacement delivery
6.1 Delivery of the ordered goods is subject to correct and timely supply and the provision that we shall not be held responsible for the lack of availability of these goods.
You are not entitled to compensation for late or incomplete delivery unless in the case of gross negligence.
We reserve the right to deliver goods of an equal value in price and quality. You can return it for free, If the alternatively delivered product does not meet your expectations.
If a product becomes unavailable or is for legal reasons no longer available, Tackle24.de Neumann und Feldmann OHG is entitled to withdraw from the contract. In this case we will inform you immediately and refund the received payments.
If an Article is not available for a short time, we reserve the right to decide whether a subsequent supply shall be carried out free of charge or the article in the invoice marked with \"new order please\".
6.2 Partial shipments are separate deliveries. The customer is not entitled to refuse them
6.3 Transport damage
If the delivered goods have suffered visible damage, the customer has the right to refuse acceptance of the shipment. In case of acceptance of these faulty deliveries the damages have to be documented and confirmed in writing by the person who delivers the parcel. Should you discover the damage after receiving the goods, or should there be hidden transport damages (packaging ok but contents damaged), please contact your the carrier within 3 working days upon receipt so that a notification about the damaged shipment can be created.
Please send us the completed form and the damaged goods as soon as possible so that the replacement delivery can be executed.
7. Retention of title
7.1 The delivered goods shall remain the property of Tackle24.de Neumann und Feldmann OHG until full and final payment of the sale price.
8. Software, licenses, literature
8.1 In many cases, additional terms of license (e.g. software) of the manufacturer beyond our terms and conditions may apply. By opening the sealed package or starting to use the goods you accept the terms and conditions and become liable for any infringement and the resulting loss in value that may occur.
9. Warranty
9.1 We ensure that the delivered goods are free of material defects in accordance with the respective technical standard, i.e. that they are suitable for the intended or normal use and have a quality that is usual for products of the same type.
9.2 For entrepreneurs, in their commercial or independent professional activity, the warranty period is twelve months from delivery of the goods.
9.3 If your order can be assigned neither commercial nor your independent professional activity, the warranty period is 24 months from delivery of the goods.
10. Liability
10.1 Damage or compensation claims against Tackle24.de Neumann und Feldmann OHG are excluded except liability for damages to a person as well as liability for other damages resulting from intentional or grossly negligent breach of duty by Tackle24.de Neumann und Feldmann OHG, its legal representatives or agents. Tackle24.de Neumann und Feldmann OHG is also liable for such damages which have their basis in a fraudulent concealment of a defect or if the Tackle24.de Neumann und Feldmann OHG has issued a guarantee for the quality of the goods.
10.2 In the event that Tackle24.de Neumann und Feldmann OHG shall be liable for slight negligence, the liability is limited to typical contractual, foreseeable damage.
10.3 If Tackle24.de Neumann und Feldmann OHG has excluded or limited liability, this also applies to the liability of legal representatives, employees and agents of Tackle24.de Neumann und Feldmann OHG.
10.4 The aforementioned regulations state the full scope of liability of Tackle24.de Neumann und Feldmann OHG, its management, as well as its employees. Further liability is excluded.
11. Privacy Policy
11.1 A transfer of personal data to third parties for commercial purposes will not occur. Excluded are service partners who need the order data for order processing.
This includes transportation companies, our financial service partners, suppliers in case of warranty handling and possibly mailers for our own print advertising (e.g. catalogue).
11.2 The transmission of data to service partners is carried out according to provisions of the German Federal Data Protection Act and Telemedia Act. The extent of transmission is limited to the minimum.
11.3 The customer is at any time entitled to decline a use of his address data for advertising purposes for the future. The contradiction is to be sent to:
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4, 64521 Gross-Gerau
Fax: +49 (0)6152 8059881
E-Mail: info@tackle24.de.
More information about data protection at Tackle24.de Neumann und Feldmann OHG can be found on our website: www.tackle24.de/Privacy .
12. Miscellaneous
12.1 If the customer is a businessperson according to § 14 BGB - in the German Civil Code, the place of performance for all mutual benefits of the contract is Gross-Gerau /Germany.
12.2 Orders transmitted several times - for whatever reason - must be clearly marked; otherwise the services will be performed repeatedly. Resulting costs will not be covered by Tackle24.de Neumann und Feldmann OHG in such cases.
12.3 Goods of public sale: Only the contractor of the Tackle24.de Neumann und Feldmann OHG can assert a warranty claim. This also applies for collective orders.
12.4 If any of these conditions in whole or in part are not legally valid, the validity of all other provisions shall remain unaffected.
13. Governing Law and Jurisdiction
13.1 This Agreement is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods shall not apply.
13.2 Jurisdiction is the current location of Tackle24.de Neumann und Feldmann OHG or another legal jurisdiction as chosen by Tackle24.de Neumann und Feldmann OHG, provided the customer is a merchant or a public corporation according to the German Commercial Code.
13.3 If the customer operates and orders as a private person, the provisions of section 14.1 and 14.2 leave untouched any mandatory legal regulations of the country in which the customer has his or her usual residence and from where he has acted in conclusion with the contract.
Identifiable address:
Tackle24.de Neumann und Feldmann OHG
Managing directors: Anette Neumann, Herta Feldmann
Walther-Rathenau-Strasse 4, 64521 Gross-Gerau
USt-IdNr.: DE 255803425
Tel.: +49 (0)6152 8059880
Fax : +49 (0)6152 8059881
E-Mail: info@tackle24.de
Personally liable partner:
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4
64521 Gross-Gerau /Germany
Managing directors: Anette Neumann, Herta Feldmann
Copyright by:
Tackle24.de Neumann und Feldmann OHG