The following General Terms and Conditions of Business shall be valid for the entire business relationship between The Gentle Temper – Kraiczy & Rosina GbR, Alte Schönhauser Straße 35, 10119 Berlin (“TGT”) and the purchasing person (“Customer”) regarding the online-shop under the domain of https://www.takemetothelakes.com/shop (“Shop”).
The business relationship between the TGT and the Customer are exclusively subject to the following Terms and Conditions. Differing conditions of the customer are not recognized by the Seller, unless they have agreed to them. The contract language is German.
2 Conclusion of Contract
All offers on this internet site are not binding and are without commitment. They have to be understood as an invitation to the Customer to make an offer (so called invitatio ad offerendum). In each case a valid contract shall only result and become effective by TGT`s written confirmation of the order through E-Mail, by mail or at the latest when TGT performs the order. With regard to an ordered product which is not set out in the confirmation order no sales contract, shall be deemed to have been closed with regard to.
The presentation of physical products ( ‘the product / s) in the online shop does not constitute an offer within the meaning of §§ 145 ff BGB, but a non-binding invitation to the customers to buy these.
The contract including these Terms and Conditions concluded between the Customer and TGT from the fact that the customer order entered by him in the online entry form on the website by clicking the mouse or by pressing the enter key on “Buy” as binding offer to conclude a contract sent to TGT. The Customer receives a confirmation of receipt of the order by e-mail (order confirmation), in the order data are listed. The order confirmation acknowledging receipt of the order by the seller, but does not constitute acceptance of the offer. The seller accepts this offer the customer by delivery within a reasonable time to the delivery address and the delivery to the customer with a second e-mail (shipping confirmation).
TGT reserves the right to accept the offer, in particular in the event that on the website writing, printing or calculation errors are included, have become the basis of the customer’s offer and in the case of interim price adjustments. For articles of one and the same order which are not listed in the shipping confirmation, no purchase contract is concluded.
These terms and conditions are not kept for later retrieval.
3 Right of Withdrawal
The Customer, as a private consumer, has the right to withdraw from the contract unless items are to be delivered which have been produced according to the Customer’s specifications.
In case of withdrawal the Customer will have to return the goods in due time and to pay for the cost of the return.
In case of withdrawal and return of the goods TGT has to repay advance payments made by the Customer.
For conditions and consequences of withdrawal please see our Right of Withdrawal.
4 Delivery / Consignment
The item will be delivered from TGT to the address which the Customer provided in his/her order if not agreed otherwise. Any information in connection with the period required for delivery is without guarantee unless TGT has expressly assured a certain date of delivery to the Customer.
In case that TGT`s contractor supplier does not supply the Customer with the ordered item, TGT shall be entitled to withdraw from contract with the Customer. In this case, TGT will notify the Costumer immediately that the ordered item is not available. TGT will reimburse any sums paid by the Costumer to the Costumer immediately.
TGT shall be entitled to make reasonable partial deliveries of ordered items in particular but not limited to the case where some item can only be delivered by TGT at a later period of time.
All prices are in EURO (€) including value added tax (VAT).
The amounts payable mentioned in the confirmation notice subject to paragraph § 2 is/ are due with the receipt of said confirmation.
Payment can only be made through credit card, pre-payment by bank wire or paypal, an invoice purchase is not possible.
If the Customer defaults with payment, TGT is entitled to claim interest at a rate of 5 (five) per cent up to the base rate published by the European Central Bank (ECB) per anno. TGT shall however be entitled to claim higher damages caused by delay if same should be applicable.
If the Customer defaults with payment of an order, TGT is entitled to withhold further orders. TGT will not be in default of delivery in such event. It is not necessary that TGT expressly exercises announces its said right to so withhold orders.
6 TGT`s Right of Revocation
TGT is entitled to revoke contract in the event that given purchase price of an item is higher than TGT`s stated price because of wrong information by our contractor and that said contractor is not liable TGT for breach of contract.
TGT shall also be entitled to revoke contract in the event that the correct purchase price of an item is higher than TGT`s stated price as a result of a computer error and that the applicable software manufacturer or the applicable software contractor is not liable for the incurred loss.
TGT`s right to void the contract as a result of an error remains unaffected.
In case of sub paragraph 1-3, TGT will inform the Customer immediately. TGT will also reimburse the Customer the paid purchased prices immediately.
7 Packaging and Shipment
TGT will package the item according to custom and usage.
TGT is entitled to choose route and means of transport if not otherwise expressly agreed with the Customer. As a rule, shipment will be done by Deutsche Post or DHL and their partners.
For shipment of books within Germany, a €3.90 delivery fee is charged.
For shipment of books within the EU and to Switzerland, a €7.90 delivery fee is charged.
For deliveries to Switzerland as well as the EU countries, you may be liable for any taxes and duties.
If you declare your Consumers Right of Withdrawal according to German Civil Code you are obligated to pay the packaging and shipment costs for the return of the ordered items.
8 Reservation of Title
Delivered goods remain in TGT’s ownership until they have been fully paid for.
9 Warranty and Liability
The customer is entitled to statutory warranty claims, subject to the following paragraphs 2 to 4.
Customer claims for compensation are excluded. This excludes claims for damages of Customer arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or gross negligence of the seller, his legal representatives or agents. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary.
The breach of contract, TGT is liable only to the typical, foreseeable damage if this was simply caused through negligence, unless there is damage claims of the customer resulting from injury to life, limb or health.
The restrictions in paragraphs 2 and 3 shall also apply to the legal representatives and agents of the Seller, if claims are made directly against them.
The provisions of the Product Liability Act shall not be affected, as are possible claims by TGT or a third party guarantee provided for the condition of the item, or that the item retain a particular composition for a certain time .
10 Place of Performance, Venue
For all rights and duties resulting of this business relationship our residence shall be place of performance.
All disputes arising from the contract shall be subject exclusively to the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.
The European Commission provides a platform for out-of-court online dispute resolution (the so-called OS platform) at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
13 Severability Clause
Should a provision of this agreement be invalid in whole or in part or lose its legal validity later, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall apply instead of the invalid provision.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.