General terms and conditions for orders placed on www.tonnentumult.de / oildrum.shop.
§ 1 Scope and Supplier
These General Terms and Conditions apply to all orders placed by consumers (§13 BGB) & entrepreneurs via the online store of
Tonnen Tumult
Xtreme event services e.K.
Owner: Jimmy Jensch
Broicher Str. 9
41179 Mönchengladbach
Germany
Phone: +49 2161 – 902 315 3
Mail: info@tonnentumult.de
Commercial register
Local court Mönchengladbach, HR A 5805
The product offer is aimed at both consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for a purpose which can neither their commercial nor their independent professional activity can be attributed.
§ 2 Contract
2.1 The product representations in the online store serve to submit a purchase offer. By clickingthe button “BUY NOW” you make a binding offer to purchase.
2.2 We may accept your order by sending a separate order confirmation by e-mail or by delivery of the goods. The confirmation of receipt of the order is made by e-mail immediately after the order has been sent and does not constitute an acceptance of the acceptance of the contract.
2.3 If our order confirmation contains typographical or printing errors or if our price determination is based on our price determination is based on technically induced transmission errors, we shall be entitled to contest thein which case we must prove our error to you. Payments already made will be refunded to you immediately. Verbal subsidiary agreements have not been made.
§ 3 Prices, Shipping, Payment and default of payment
3.1 Our prices include the statutory sales tax, but not the shipping costs.
3.2 Payment is made either by PayPal or bank transfer. In special cases, a payment by invoice can be agreed. We reserve the right to demand a reasonable deposit for higher order values from € 500,– to demand an appropriate deposit.
3.3 If you are in default of payment, the purchase price shall bear interest during the default at a rate of 5% above the base rate. We reserve the right to prove and claim a higher damage caused by default and to make valid.
§ 4 Cancellation policy
4.1 Right of withdrawal
You have the right to revoke the contract concluded on the Internet at www.tonnentumult.de within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Tonnen Tumult, Xtreme event services e.K., Broicher Str. 9, 41179 Mönchengladbach, e-mail: info@tonnentumult.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4.2 Consequences of the revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
In the case of goods that can be parcelled, you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. If, due to the nature of the goods, a forwarding agent must be commissioned, the commissioning shall be incumbent upon you. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
1) contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2) contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
§ 5 Terms of delivery and self-delivery reservation
5.1 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will refund any consideration already paid.
5.2 The delivery time is indicated separately with each offer.
5.3 Delivery is normally by parcel and for items not suitable for parcel by forwarding agent.
§ 6 Copyrights / rights of use for custom-made products
6.1 The customer assures that he has the necessary copyrights and rights of use to the transmitted content. He undertakes not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws.
6.2He expressly indemnifies us against all claims asserted by third parties in this context. The customer is obligated to compensate for the necessary applications required for legal prosecution – in particular the necessary lawyer’s fees and court costs incurred by the provider due to claims by third parties based on the content transmitted by the customer. This does not apply if the customer is responsible for the infringement.
§ 7 Shipping costs
7.1 The price of delivery depends on the size of the order, as well as the destination of the delivery.
§ 8 Delivery damages
8.1 If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery person and contact us as soon as possible (e-mail: info@tonnentumult.de).
8.2 Failure to make a claim or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
The warranty is provided in accordance with the statutory provisions.
§ 10 Retention of title
The goods remain our property until full payment. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
§ 11 Legal notices
1) Contract: We save the contract text and send you the order data.
2) Dispute Resolution: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final clause
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
Version 1.1 from 03.02.2022