General Terms and Conditions of TeaTales GmbH
Thank you very much for your interest in TeaTales. We want you to be a satisfied customer who likes to come back to our offers. That is why we have put down our standard terms and conditions in a customer-friendly way.
In spite of our accuracy, should there be any kind of claim please feel free to contact us. Our aim is to offer you the best products and keep our customers happy.
1. Scope of Application
1.1 These Terms and Conditions of the company TeaTales GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client” and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2. Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days
2.3.1 by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
2.3.2 by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
2.3.3 by requesting the Client to pay after he/she placed his/her order.
2.4 Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.5 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.6 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e- mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Price and payment
3.1 Unless our offer does not state differently, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
3.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client. In the processing of the transaction, the delivery address indicated in the Seller’s order processing documents shall be applicable.
44.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
4.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
4.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging
transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.
4.5 Personal collection is not possible for logistical reasons.
5. Right of withdrawal of Seller
5.1. If – after the contract has come into effect – one of the following reasons apply the Seller has the right to immidiately withdraw from the contract:
5.1.1. lack of raw material
5.1.2. Incorrect or belated own delivery
5.2. This does not apply in case of non delivery caused through wrong conduct of the Seller. The Seller commits to inform the ordering party immidiately about the unavailabiliy of the product/s. Payments that have already been executed will promptly be paid back to the ordering party.
6. Liability for defects
Should the object of purchase be deficient, statutory provisions shall apply. Deviating thereof, the following shall apply for a product which was not used, in accordance with its usual application, for a building construction and which was the cause of the building’s defectiveness:
6.1 Vis-a-vis traders
– a marginal defect shall generally not constitute claims for defects,
– the Seller may choose the type of subsequent performance,
– for new goods, the limitation period for defects shall be one year from transfer of risk,
– for used goods, rights and claims for defects are generally excluded,
– the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
6.2 For consumers the limitation period for claims for defects shall be
– for new goods, two years from delivery of goods to the Client
– for used goods, one year from delivery of goods to the Client with the limitation spelt out in Section 6.3
6.3 For traders and consumers, the aforementioned
limitations of liability and the restrictions of limitation periods in Section 6.1 and Section 6.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 7.
6.4 Furthermore, for traders the statuary limitation periods for recourse claims remain unaffected.
The same shall apply for traders and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
6.5 If the Client is a businessperson he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved.
6.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
6.7 Should supplementary performance be rendered by means of replacement delivery, the Client is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller’s expense. For return shipment of deficient goods statuary provisions shall apply.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
7.1 The Seller shall face unlimited liability – in case of intent or gross negligence - in case of injuries of life, body or health resulting from intent or negligence - in case of a promise of guarantee, unless otherwise provided. - in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
7.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
7.3 For the rest the Seller’s liability is excluded.
7.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
8. Law and jurisdiction
8.1 If a Client acts as a consumer and/or as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
9. Right of withdrawal for consumer; Model withdrawal form
As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (TeaTales GmbH, Mülhauser Str. 6, D-10405 Berlin, Tel.: +49 163 7832618, E-Mail: support[at]@teatales.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We will bear the cost of returning the goods.
End of instructions on withdrawal
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):_____________________________________________________
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
General Terms & Conditions
TeaTales GmbH, Mülhauser Str. 6, D-10405 Berlin,Tel.: 0163 78 32 618
Registered authority: Amtsgericht Charlottenburg – HRB 156841 B
Chief Executive TeaTales GmbH: Philipp zu Löwenstein