Terms and Conditions
Terms of contract within the framework of purchase contracts via the platform http://toprocker.de
– Hereinafter “provider” –
The users of this platform, referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customers”.
§ 1 scope of application
For the business relationship between the offerer and the customer, the following general terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer expressly agrees to their validity in writing.
§ 2 Conclusion
(1) The customer can select products from the assortment of the supplier and collect them via the button “into the shopping basket” in a so-called shopping basket. With the “Buy Now” button, he makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2)The supplier then sends the customer an automatic acknowledgment of receipt with the subject “Confirmation of your order at TOPROCKER” by e-mail, in which the order of the customer is listed again and which the customer can print out using the function “print”. The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the offerer. In this the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data carrier (e-mail or paper). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the following languages: German, English.
§ 3 Delivery, goods availability, payment modalities
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price.
(2) If the product designated by the customer in the purchase order is only temporarily unavailable, the supplier also notifies the customer without delay. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer is also entitled to cancel the contract. In this case, he will refund any payments already made by the customer without delay.
(3) The customer can make the payment by bank transfer, PayPal.
(4) The payment of the purchase price is payable immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by default.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment of the purchase price.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the offerer, are inclusive of the applicable legal value added tax.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer insofar as the customer does not exercise any right of revocation.
§ 6 Warranty for defects
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for suppliers supplied by the supplier is 12 months.
§ 7 Liability
(1) Customer claims for compensation are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and agents of the provider if claims are directly asserted against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, he / she takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer’s consent, the Supplier will only collect, process or use the Customer’s stock and usage data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for purposes of advertising, market or opinion research.
§ 9 Final provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between the offerer and the customer, with the exclusion of the UN purchase law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a public-law special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the place of business of the provider.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.