General terms and conditions for business customers
THIS FOLLOWS GENERAL PROVIDER INFORMATION AND NOTES ON THE CONCLUSION OF A CONTRACT WITH TOGO FILTER GMBH FOR TRADING BUYERS IN COMMERCIAL OR IN THE FRAMEWORK OF AN INDEPENDENT PROFESSIONAL ACTIVITY
CONCLUSION OF A CONTRACT WITH TOGOFILTER IN REGULAR PURCHASE
toGo Filter GmbH (hereinafter referred to as toGo Filter) offers the items on this internet shop as a non-binding offer to potential buyers to conclude a contract. The prospective buyer has the option of placing the desired article (s) in the virtual shopping cart by clicking on the corresponding button. The items collected in the virtual shopping cart can be accessed at any time by clicking on the shopping cart symbol. The articles can then be viewed in the shopping cart, their quantity changed or deleted from the shopping cart. The system then guides you through the further steps of the ordering process. Before completing the order, there is always the option of changing the order quantity, correcting or deleting data, and returning to the previous browser window. Only by clicking the "Submit order" button in the last step of the ordering process do you make your declaration of intent to purchase the item at the specified price. Your declaration of intent is therefore binding and irrevocable. The confirmation of the receipt of your order takes place together with the acceptance of the order by toGo Filter immediately after sending and you will receive an automated email confirmation. With this confirmation, the purchase contract is concluded.
CONTRACT CONTENT AND STORAGE
The content of the contract is saved and is included in the email for the order confirmation along with all relevant information such as product labeling, order content, terms of delivery and a link to the terms and conditions in text form.
Each page of the toGo Filter online shop can be printed out and saved at any time using the browser's print function.LANGUAGES
The contract language, the contractual relationships and the processing are German.APPLICATION OF THE CONDITIONS
toGo Filter provides all deliveries and services exclusively on the basis of these terms and conditions. Deviating terms and conditions of the contractual partners are not part of the contract, unless they are expressly recognized by toGo Filter in text form and included in the contract and then only apply to the respective process.
The respective object and scope of the delivery of the purchase contract result from the item description, as can be seen from the current offer from toGo Filter at the time of the order. Assurances are only valid if they are in the item description or have been assured by toGo Filter in text form.
PAYMENT TERMS / COUNTERCLAIMS
The available payment methods can be found in the ordering process at https://www.togofilter.de/shop. The payment methods are variable and convenient by credit card or SEPA transfer. For commercial customers, we accept other payment methods, by prepayment or by invoice, only after a written agreement in a separate form. Please contact us at firstname.lastname@example.org. We do not accept any liability for the failure of payment or other damage that arises from a procedure not previously agreed in writing.
The processing takes place via Stripe, a verified payment system that carries out a validity check as part of the payment transactions. toGo Filter does not save the payment data. Please also read the data protection declaration. Payments can only be processed if the invoice details can be confirmed.
1. Credit card: If you have paid by credit card, we will debit this amount from your account immediately and the delivery will begin after we have received your payment. The general terms and conditions of the respective credit card issuing bank / company also apply.
2. SEPA direct debit: If you have paid by SEPA direct debit, delivery will begin after we have received your payment. This can take a few days. If payment has not been received within 12 calendar days of placing your order, your order will be automatically canceled.
3. Prepayment for bulk orders: In the case of a separate agreement on prepayment, toGo Filter will confirm the order in text form and collect the invoice amount by invoice. This is payable immediately. With this payment method, toGo Filter grants a discount of 2% on the value of the goods. After receipt of payment, the ordered goods will be shipped. It is also pointed out that, according to the statutory regulation, the delay occurs 30 days after receipt of the invoice. It should be noted that, regardless of a reminder, the default occurs automatically 30 days after receipt of the invoice (Section 286 (2) BGB).
4. Insofar as toGo Filter becomes aware of circumstances after the conclusion of the contract that impair compliance with the buyer's contractual obligations, such as payment obligations, toGo Filter is authorized to execute the order until security (such as a guarantee) or fulfillment (such as payment) has been provided refuse; toGo Filter will set a reasonable deadline for this (§ 321 BGB).
5. Offsetting by the buyer against toGo Filter is only permitted with an undisputed or legally established counterclaim. The assertion of a right of retention is only permissible if the counterclaim is based on the same contractual relationship.
DELIVERY & TRANSFER OF RISK
ToGo Filter is entitled to withdraw from the contract in the event of delivery due to the lack of self-delivery. ToGo Filter will immediately inform the purchaser of the unavailability and any consideration already paid will be reimbursed to the purchaser immediately.
CHANGE OF THE ORDER OF GOODS
If the item or scope of the goods is changed at the request of the purchaser after toGo Filter has accepted the offer, this always sets a new, reasonable delivery period, also for the unchanged part of the order. The purchaser of toGo Filter will be notified of the delivery period immediately.
DELIVERY - LIKE
We deliver with Hermes or, in the case of larger quantities, with another equivalent delivery service. We do not deliver on certain public holidays. The exact days and the available delivery times and methods can be found at www.hermes-paketshop.com
DELIVERY - WHEN
Delivery takes place within 3 to 5 working days within Germany. The delivery time within the EU is 7 to 9 working days. These delivery details relate to the period after receipt of the order upon confirmation of payment. The delivery time also depends on the selected payment method (credit card, SEPA transfer, prepayment). The delivery can be tracked via a specified tracking number from the selected provider.
DELIVERY - DELAY
toGo Filter does not guarantee the delivery times specified by the providers. Two weeks after a delivery date or the delivery period has been exceeded, the purchaser can request toGo Filter in writing to fulfill the contract within a reasonable period, but at least 10 days.
This does not apply if the purchaser has failed to cooperate with toGo Filter or has refused to do so. If toGo Filter does not deliver by the deadline set, the purchaser can withdraw from the contract (§ 323 BGB). This does not apply if the deadline is exceeded due to force majeure and other unforeseeable obstacles, such as riot, business interruption, strike, lockout, even if they occur at suppliers of toGo Filter or sub-suppliers. ToGo Filter reserves the right to customary deviations, provided that the object of performance is not changed significantly and this is reasonable for the purchaser.
We strive to ship all of the products you have ordered in one delivery whenever possible and reserve the right to split the delivery of your order, for example (but not exhaustively) if part of your order is delayed or unavailable and such Partial delivery is reasonable for you. If we split your delivery, we will notify you of our plan by sending an email to the email address you provided when you placed your order. You do not incur any additional shipping costs.
TRANSFER OF RISK
The risk of any loss or deterioration of the item is transferred to the delivery or default of acceptance by the buyer. In the case of mail order purchases, it is transferred to the person carrying out the transport as soon as it is handed over. If the dispatch is impossible through no fault of toGo Filter or is prevented due to the lack of cooperation on the part of the buyer, the risk is transferred to the buyer with the notification of readiness for dispatch.
toGo Filter reserves the right to send the goods on a different route than the one specified; even if the buyer instructs to the contrary, if this does not result in a significantly higher risk of deterioration or destruction. Liability according to § 447 II BGB is limited to cases of gross negligence and intent. Damage that was already present in the item description for the items identified as damaged in transit when the contract was concluded cannot be recognized as damage in transit.
ACCEPTANCE & DAMAGE
INSPECTION ON DELIVERY
The delivered goods are to be checked by the buyer for any damage immediately upon receipt. ToGo Filters must be notified of any damage immediately in text form. Insofar as justified damage is reported, toGo Filter will either assign the statutory rights to the buyer or assert them in its own name; for the latter, the commercial buyer undertakes to authorize toGo Filters to collect data to the required extent.
DEFAULT IN ACCEPTANCE
The buyer bears any risk of loss or deterioration in the event of default in acceptance. This does not apply to gross negligence or intent by toGo Filter. In this case, toGo Filter is authorized to refuse to send the goods again and can demand that the purchaser pay the new shipping costs in advance within a reasonable period of time. If the buyer does not meet the agreed conditions for re-shipment within this period, toGo Filter is entitled to withdraw from the contract and to demand compensation. The compensation amounts to 50% of the net value of the goods plus any transport and storage fees incurred. The right to assert a higher damage remains reserved. It is left up to the buyer to prove a lesser damage.
The goods sold by toGo Filter are new. The warranty period is one year and begins with the delivery / collection of the goods.
The goods must be examined for any defects immediately upon delivery / collection. If there is a defect or if one occurs during the warranty period, toGo Filter is entitled to choose to remedy this defect through subsequent delivery, replacement delivery or subsequent improvement. If this does not result in freedom from defects even after two repairs have been made, the purchaser retains the statutory warranty rights.
Obvious defects must be reported to toGo Filter in text form within two working days of delivery / collection or knowledge of the goods. Defects that are not obvious must be reported to toGo Filter in text form within three working days from the occurrence of the defect. If the purchase is a mutual commercial purchase, it is agreed that the obligation to notify pursuant to Section 377 of the German Commercial Code (HGB) is sufficient if toGo Filter receives notification of the defect in text form within two working days of receipt of the goods or discovery of the defect.
If toGo Filter's operating instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not correspond to the original properties, the warranty is void. Equipment and accessories that are subject to natural wear and tear are also excluded from the guarantee.
Independent guarantees from toGo Filter remain unaffected by the regulations listed.
Compensation claims for any legal reason, be it for non-performance, for breach of contractual or statutory secondary obligations, for negligence when concluding the contract, for contracts with protective effect for third parties and unlawful acts are against toGo Filter, as well as legal representatives, as well as against their vicarious agents or vicarious agents excluded unless the damage is due to intent or gross negligence. This does not apply to claims for damages based on property assurance, which are intended to protect the buyer against the risk of consequential damage.
Incidentally, toGo Filter is liable:
- in the full amount of damage in the case of gross negligence, that of his legal representatives and that of his executive vicarious agents, but not in the case of gross negligence by simple vicarious agents;
- in addition, basically in the case of any culpable violation of cardinal obligations, here also of simple vicarious agents.
- The amount of liability is limited to the replacement of typically foreseeable damage.
The above exclusion of warranty and liability do not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by toGo Filter or an intentional or negligent breach of duty by a legal representative or vicarious agent of toGo Filter.
You can find the data protection declaration at https://www.togofilter.de/datenschutz/
Insofar as free additions are included with individual articles, these are linked to the main business and cannot be challenged in isolation. Ownership of the add-ons does not pass to the purchaser until the withdrawal period for the main item has expired. If the main transaction is revoked, the addition must also be sent back as part of the basic transaction and still owned by toGo Filter.
PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW
Insofar as the export and sale of an article to third countries is prohibited by law, toGo Filter reserves the right to withdraw from the contract for an important reason and will notify the contractual partner immediately and reimburse any amounts paid without delay.
The place of performance and exclusive place of jurisdiction is Berlin; This also applies to bills of exchange and check claims. For all legal relationships between the parties, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law, even if the purchaser has his domicile or habitual residence abroad or is delivered abroad. The same applies if the purchaser later relocates his habitual residence abroad or is unreachable.
PROVIDER IDENTIFICATION:toGo Filter GmbH
Theresienstraße 1, 80333 Munich
Tel .: (+49) 89 20 500 8538 8
Fax: (+49) 89 20 500 8505 0
toGo Filter GmbH, HRB 223144 B Register court: Local court Berlin Charlottenburg, represented by the managing directors: Patricia Greißl, Nicolaus v. Arnim
INFORMATION ON ONLINE DISPUTE RESOLUTION:
The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr
ToGo Filter GmbH does not take part in the arbitration process.