general terms and conditions and cancellation policy
scope of application
these terms and conditions apply to all purchases made from tausendform by private customers.
private customers in this sense are persons with residence and delivery address in the federal republic of germany, as far as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
business customers are requested to place orders on the order pages accessible via the business customer login.
conclusion of contract
the presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a sales contract.
by placing an order, you accept the offer and the purchase contract is concluded.
you will receive an order confirmation by e-mail to the e-mail address you have provided.
prices and shipping costs
the prices shown are final prices including sales tax. the amount shown at the time of the binding order applies. you will bear the regular costs of return shipment that arise in the event that you return the goods in exercise of your right of revocation. we will also refund the shipping costs in the event that you exercise your right of revocation.
payment
payment is made in advance by bank transfer or by paypal.
right of retention
the customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
delivery
(1) delivery will be made to the delivery address specified by the customer, within germany.
(2) if force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, any obligation to perform on the part of tausendform shall be excluded. amounts already paid shall be refunded by tausendform without delay.
(3) in addition, tausendform may refuse performance insofar as such performance would require expenditure which, taking into account the content of the purchase agreement and the principles of good faith, would be grossly disproportionate to the customer’s interest in fulfilling the purchase agreement. amounts already paid shall be refunded by tausendform without delay.
(4) bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agent. tausendform expressly points out that these goods will not be carried into the house.
favorable shipping method for returns
when returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
warranty rights
(1) if a product is already defective upon delivery (warranty case), tausendform will, at the customer’s option and at tausendform’s expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). the customer is advised that no warranty case exists if the product had the agreed quality at the time of transfer of risk. a warranty case does not exist in the following cases in particular:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the customer’s exposure of the products to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) furthermore, tausendform does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) if the type of subsequent performance requested by the customer (replacement delivery or repair) requires an expense which is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the principles of good faith – in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim shall be limited to the respective other type of subsequent performance. the right of tausendform to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) both in the case of repair and in the case of replacement, the customer shall be obliged to return the product at the expense of tausendform to the return address specified by tausendform, stating the order number. prior to sending the product, the customer shall remove any items inserted by him from the product. tausendform shall not be obliged to inspect the product for the installation of such items. tausendform shall not be liable for the loss of such items unless it was readily apparent to tausendform at the time of return of the product that such an item had been inserted into the product (in this case, tausendform shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs thereby incurred). in addition, before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. liability for loss of data is not assumed. likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and reactivate the passwords.
(5) if the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: if the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the use made by the customer. the customer shall pay compensation for loss or further deterioration of the goods not caused by the defect as well as for the impossibility to return the goods not caused by the defect in the period between delivery of the goods and return of the goods. the customer shall not pay compensation for deterioration of the goods caused by the intended use of the goods. furthermore, the obligation to pay compensation shall not apply to the return of a defective product under warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if tausendform is responsible for the deterioration or loss or if the damage would also have occurred at tausendform,
c) if the deterioration or loss has occurred at the customer’s premises although the customer has exercised the care which he is accustomed to exercising in his own affairs.
(6) the customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) the customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractual condition of the product within a reasonable period of time.
(8) in addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) the legal warranty of tausendform ends two years after delivery of the goods. the period begins with the receipt of the goods.
liability
(1) in the event of slight negligence, tausendform shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. this limitation shall not apply in the event of injury to life, limb or health. tausendform shall not be liable for any other damage caused by slight negligence due to a defect in the purchased item.
(2) irrespective of any fault on the part of tausendform, any liability on the part of tausendform in the event of fraudulent concealment of the defect or from the assumption of a warranty shall remain unaffected. the manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by tausendform.
(3) tausendform shall also be liable for the impossibility of delivery occurring by accident during its delay, unless the damage would have occurred even if the delivery had been made on time.
(4) the personal liability of tausendform’s legal representatives, vicarious agents and employees for damages caused by their slight negligence is excluded.
applicable law
the contract concluded between you and tausendform is exclusively governed by the laws of the federal republic of germany with the express exclusion of the un-kaufrecht (law on the international sale of goods). this does not affect the mandatory provisions of the state in which you have your habitual residence.
place of jurisdiction
if, contrary to the information you provided when placing the order, you do not have your place of residence in the federal republic of germany, or if you transfer your place of residence abroad after the conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be chemnitz.
dispute resolution
general information requirements for alternative dispute resolution pursuant to article 14 (1) odr-vo and section 36 vsbg (consumer dispute resolution act):
the european commission provides a platform for online dispute resolution (os), which you can find at this address: http://ec.europa.eu/consumers/odr/. we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
final provisions
(1) should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the contract insofar as one of the contracting parties is not unreasonably disadvantaged thereby.
(2) amendments or additions to this contract must be made in writing.
right of revocation
you have the right to cancel this contract within fourteen days without giving any reason.
the revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
in order to exercise your right of revocation, you must inform us ( tausendform | christian papsdorf agricolastraße 36 in 09112 chemnitz | tel.: 037136778867 | e-mail: info@tausendform.com ) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail).
in order to observe the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiration of the revocation period.
consequences of the revocation
if you cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. for this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
you shall return or hand over the goods to us without undue delay and in any case not later than within fourteen days from the day on which you notify us of the revocation of this contract. the time limit shall be deemed to have been observed if you send the goods before the expiry of the time limit of fourteen days. you will bear the direct costs of returning the goods. the costs are estimated at a maximum of approximately € 100.00. you will only have to pay for any loss in value of the goods if this loss in value is due to the fact that you have handled the goods in a manner that was not necessary for the purpose of inspecting the quality, characteristics and functionality of the goods.
