Privacy Policy
 
 
This web site has been compiled with the greatest possible care. In spite of this TOURATECH AG cannot guarantee that the information contained therein is free from errors and accurate. Touratech AG shall accept no liability for damage arising directly or indirectly from using this web site unless this is caused by malice aforethought or gross negligence on the part of Touratech AG.

Copyright 2001 TOURATECH AG. All rights reserved.
Right to technical amendments, printing errors, omissions and general errors reserved. All dimensions and illustrations are non-binding.

General terms of business for TOURATECH AG
These General Terms of Business apply in their current version to all business relationships between TOURATECH AG, hereinafter called �TOURATECH�, and their customers.
 
Area of validity
  1. The conditions below apply to the supply of goods and other services by TOURATECH.

  2. These terms of business apply exclusively; any customer conditions that conflict with or differ from these terms of business will not be recognised unless TOURATECH has specifically agreed to this in writing.


The start of the contract
  1. The range shown on TOURATECH�s server or in TOURATECH�s printed catalogue does not represent a legally binding offer but a non-binding online catalogue or printed catalogue.

  2. The customer will order the goods or services required by filling in the online order form or the printed order form in the catalogue in full and sending it off. The contract will come into force when TOURATECH and the third-party supplier accept this offer. It is not necessary to send the customer an order confirmation. The customer will waive this in accordance with  151 Clause 1 BGB [German Civil Code].

  3. The Internet customer will confirm that he accepts the general terms of business when he places the order. The general terms of business will be acknowledged by the customer whether he fills in an order form or not.


Due date, payment and delay
  1. The purchase price is due immediately. Payment of the purchase price may be made by a credit card accepted by TOURATECH at the time of the contract being concluded, by direct debit, COD or in cash.

  2. All prices are in EUROS, include VAT at the statutory rate and are subject to alteration.

  3. The following applies to deliveries in Germany:

    • Despatch: Normally despatched by post.
    • Payment for despatches within Germany
      COD: The 5.00 euro fee includes both postage and packing as well as part of the COD fee. The post office will charge you the second part of the fee (2.00 euros).
      Direct debit: If you give us your account number and sort code we shall debit the amount from your account. The fee of 5.00 euros includes postage and packing as well as processing costs.
      Credit card: We need your credit card number and expiry date. The fee of 5.00 euros includes postage, packing and processing. It is also possible to order in writing, by e-mail or by fax.

      Despatch within Germany is free with an order valued at �500 gross.

    3.4 The following applies to deliveries outside Germany:

    • Despatch: Despatch by post or by a cheaper method of transport depending on destination country. The customer will be liable for any customs� duties.
    • Payment for despatch to countries outside Germany:
      COD: We will only send COD within the EU if the postal service offers this and the goods are insured accordingly. Postage and packing costs are calculated at cost and charged to the customer.
      Credit card: Credit card (Euro/ Mastercard or Visa). Postage and packing costs are calculated at cost and charged to the customer.

    3.5 If the customer does not pay on time, TOURATECH is entitled to demand delay interest of 5% above the current base rate. TOURATECH�s right to claim higher damages remains unaffected by this as does the customer�s right to claim lower damages.
Cancellation
  1. The customer is entitled to cancel his declaration of intent to conclude the contract within 14 days of receiving the goods by returning the goods to TOURATECH in full and unused in the original packaging. Despatching the goods in good time will be sufficient proof that the deadline has been observed.

  2. Your postage costs for returns will be refunded in accordance with § 357 BGB under the following conditions: *Returns are made from a German delivery address. *You have cancelled the purchase contract in writing or by e-mail or sent the goods back to us within 14 days of receipt. *The order value is more than 40 euros. In order to make the process as quick and simple as possible, please contact us on +49-7728-9279-0 during our opening hours. You will then be given a returns number and we will send you a stamped, correctly addressed free package card.

  3. In the case of cancellation TOURATECH will refund any money already paid to the customer. For transfers abroad only transfer fees will be deducted. Legal provisions apply to any benefits or profit drawn up to cancellation.

Reservation of proprietary rights
  1. Goods supplied by TOURATECH remain TOURATECH�s property until all contractual requirements have been fulfilled as well as any other claims that TOURATECH subsequently makes against the customer in direct connection with the goods supplied for whatever legal reason. This also applies when payments are made for specific requirements.

  2. Before transfer of ownership the customer will only be entitled to these goods with the prior written approval of TOURATECH. If a third party seizes the goods, particularly if the goods are impounded, the customer must inform TOURATECH immediately in writing and also point out to the third party immediately that TOURATECH has proprietary rights.


Guarantee, examination
  1. TOURATECH guarantees that the goods do not have any defects that would reduce or nullify their value or their suitability for normal usage or the use to which they are to be put in accordance with the contract. If the reduction in value or suitability is only minor this can be discounted.

  2. The guarantee period is 24 months and begins when the goods are handed over to the customer. Defects in the goods will be corrected by TOURATECH after being informed of this by the customer within this guarantee period. TOURATECH will decide whether to replace or repair the goods.

  3. The customer must examine the goods immediately on receipt and, if a fault is detected, must inform TOURATECH of this, describing the fault in writing within 7 days. The same applies to faults that are discovered later. If the customer is not a businessman, he is only required to complain about obvious defects. If TOURATECH hears nothing to the contrary within the specified time the goods are considered approved.

    The following procedure must be carried out for goods damaged in transit:

    If a package arrives clearly damaged, it must be opened in the presence of the postman. The postman will issue a damage confirmation certificate. With damage in transit that is not obvious, i.e. damage that the customer is not aware of until after he has opened it, the customer must take the package to the post office and obtain a damage certificate. It is not possible to accept a claim for damage without this document.
Liability
  1. TOURATECH has unlimited liability for damage caused by the failure of characteristics that TOURATECH has assured and for damage caused by malice aforethought or gross negligence on the part of its legal representatives or employees.

  2. Liability for damage caused through minor negligence of a single TOURATECH employee is not included here if no cardinal obligation has been infringed in accordance with paragraph

  3. Liability for other damage that arises for the customer through TOURATECH�s delay, through an impossibility caused by TOURATECH or through the infringement of an obligation that must be observed in order to fulfil the contract (cardinal obligation), such damage will be limited to damage that is typical and could be foreseen because of the way the goods are used under the terms of the contract.

  4. In the case of paragraph 7.3 liability is also limited to an amount equal to double the purchase price paid for the order in question.

  5. There is no further liability, particularly for damage that has not occurred to the goods themselves, for lost profits or damage to other customer assets.

  6. The above rulings also apply to TOURATECH�s staff and agents.


Data protection
  1. If it has not been agreed to the contrary, TOURATECH will only use the personal data in this contract in order to perform the contract. The customer�s permission is required to use this information for market and opinion research and for advertising.

  2. TOURATECH may use this personal data to run a credit check with Creditreform Villingen-Schwenningen. This is allowed under the regulations in  33.1 BDSG [German Federal Data Proctection Act].


Reselling
  1. For liability reasons re-selling in second or third countries (particularly North America) is expressly prohibited.


Final conditions
  1. Changes and amendments to this contract must be in writing to be effective. There are no oral secondary agreements.

  2. If it has not been agreed to the contrary, the customer may not transfer rights and obligations from this contract to a third party without TOURATECH�s prior written agreement. TOURATECH will only deny this agreement with good grounds.

  3. If a provision of this contract is or becomes invalid, the other provisions remain valid. The contractual partners will agree to replace the invalid provision with a valid one that best corresponds to the economic aims of the contractual parties. The same applies if there is a loophole in the contract.

  4. This contract is subject exclusively to the material law of the Federal Republic of Germany with the exception of the UN convention on the purchase of movable items.

  5. Place of fulfilment is the TOURATECH head office in Niedereschach. If the customer is a businessman or if his business headquarters is not in Germany, the parties agree that any disputes arising from the implementation of this contract will be dealt with by the Villingen-Schwenningen district court.
 
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