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General Terms and Conditions
(effective as of 01.05.2020)

Preamble
In its firm philosophy, TCI GmbH prioritizes consistent communication with the customer regarding brand image and product quality in offline and online sales. Qualified consultation of customers  is of utmost importance. Product quality is ensured by an intricate network of specialized retailers.

Scope
The following terms and conditions of sale and delivery (General Terms and Conditions GTC-B2B) apply to all offers, orders, contracts, agreements, deliveries, services and other legal relations between TCI GmbH and the business partner, hereinafter “the customer” as if he can be classified an entrepreneur in accordance with § 14 BGB (German Civil Code).

The GTC-B2B applies in the version that is current at the time of contract establishment.

Terms in conflict with or in deviation from these terms and conditions are not recognized by TCI GmbH, even if they are not explicitly refuted.

Conclusion of Contract
All offers and bids of TCI GmbH are non-binding and merely represent a request for offer or bid submission. A customer order that was submitted in written form, online in the B2B Shop, via e-mail, telefax or post is considered binding. TCI GmbH reserves the right to accept a contractual offer within 2 weeks upon its receipt. Acceptance of the contractual offer occurs through a written order confirmation via e-mail.

Minimum order value
The minimum value for first-time orders from new customers is set at 2.500,– EUR net commodity value. This also applies to repeat orders. The smallest purchase quantity per product is one packaging unit. The respective packaging unit is noted in the price list of the TCI GmbH. Deviations from packaging units are generally excluded. Non-compliant orders are adjusted upwards by TCI GmbH.

Delivery and Packaging Fees
Packages with a total weight of approx. 30 kilograms are dispatched by a logistics provider of TCI GmbH. One delivery can consist of multiple packages. All packages are insured and can be traced through the respective tracking numbers.

The delivery and packaging fees per package are specifically calculated for each order, integrated into the offer and are to be covered by the customer.
Fees for deliveries abroad are calculated according to weight or volume for cheapest delivery. Freight collect deliveries are excluded, unless otherwise agreed upon.

Prices, Payment
The prices that are valid at the time of order confirmation apply, plus value added tax (VAT). VAT will be listed separately in invoices. For deliveries abroad, the tax law provisions concerning VAT apply.

Prices of the TCI GmbH are to be considered ex works/warehouse and are at the client’s expense. Costs for transportation, postage, packaging, insurance, custom duties, documents or other additional expenses are billed separately.

Unless otherwise agreed upon, payment of the invoice amount is due within 14 days. Payments must occur via bank transfer with quotation of the invoice number to the following account:

Beneficiary: TCI GmbH
IBAN: DE08 7306 1191 0000 5603 32

First time orders from new customers must be pre-paid before being delivered. They can be rejected in case of negative credit ratings. Should TCI GmbH be entitled to execute partial deliveries, it can generate partial invoices.

Delivery Period, Withdrawal, Risk Transfer
The order confirmation generally includes an estimated delivery date. This date pertains to the time of transfer of the order to the carrier, shipper or other persons or companies responsible for transportation. Delivery periods and deadlines are subject to the order’s readiness for dispatch.

Within reason, TCI GmbH can deliver orders in installments. Each partial delivery is to be considered an independent business transaction.

In cases of force majeure as well as any other disruptive events that are undeterminable at the time of contract conclusion (such as business disruptions of any kind, difficulties in attaining materials or energy, delivery delays, strikes, lockouts, a lack of human resources, energy or raw materials, regulatory measures), for which TCI GmbH is not responsible and that render delivery or services difficult or impossible, TCI GmbH reserves the right to withdraw from its contractual obligations, if the disruption is of undetermined duration.  In the case of disruptions of undetermined duration, time for delivery and rendering of services is postponed by the duration of the disruption plus a reasonable buffer period. The TCI GmbH will inform the customer immediately of this. This also applies if TCI GmbH was not supplied, not supplied correctly or not supplied on time by another provider.  If it is unreasonable for the customer to accept deliveries delayed by disruptions, he can withdraw from the contract by informing TCI GmbH immediately and in written form before the order has been dispatched. In such cases compensation claims, such as for forgone revenues, are excluded.

Risk of accidental destruction or damage of goods passes to the customer as soon as the deliverable item is handed over to the carrier, shipper or any other person or enterprise charged with delivering the item. This also applies to partial deliveries. Should the customer be accountable for dispatch or delivery delays, risk responsibility is transferred to the customer from the day the order is ready for dispatch.

Returns that are free of damage or defects and that can be resold, for example consignment goods, are only accepted after prior consent by TCI GmbH. Returns can only be accepted, if they contain all packaging units, if they are sent in original packaging and if they are appropriately packaged. Returns in the sales packaging alone cannot be accepted. Sales packaging is the packaging that directly contains the product and generally carries the product information. This sales packaging must be protected by additional outside packaging. A delivery note must be included. Costs of returns are to be covered by the customer. For restorage of returns TCI GmbH charges a fee of 10 % of the net commodity value of the actually returned goods. Returns that do not conform to these specifications are not accepted.

Notice of Defects, Warranty for Defects, Returns
In accordance with § 377 HGB the customer is obligated to inspect the delivered goods immediately upon receipt to ensure the delivery is intact and complete. Obvious defects must be declared to TCI GmbH in written form within 5 days after delivery. Unobvious defects must be declared within 10 days of noticing the defect, at the latest within the limitation period. Noncompliance with the limitation period means that no legal claims can be made against TCI GmbH.

Minor, customary deviations in delivered goods, such as color, size, weight and makeup do not warrant claims. Measurements and weights in offers, catalogues and price lists are approximate estimations.

The customer’s warranty claims lapse 12 months after delivery of the goods unless TCI GmbH maliciously concealed the defect.

Provisions concerning limitation periods as postulated by § 479 BGB remain unaffected. Customers’ compensation claims for reasons other than defects of the delivered goods are directed by statutory limitation periods. In the case of justified and timely notice of defects. TCI GmbH decides on defect rectification free of charge to the customer. This means that it is TCI GmbH’s decision whether repairs are to be conducted or whether goods are replaced. The customer must allow TCI GmbH appropriate time to rectify the defect. Should rectifying the defect fail or TCI GmbH not agree or not be in a position to rectify a defect or should rectifying the defect be delayed unreasonably, the customer may decide to lower the purchase price, withdraw from the contract or claim compensation for the defect in accordance with the limitations laid out in these terms and conditions. The customer’s right to make further compensation claims as detailed in these terms and conditions remains unaffected. Forgone profits cannot be claimed in such cases.

If requested by TCI GmbH, the disputed goods must be returned for evaluation to TCI GmbH in original or equivalent packaging. Returns in sales packaging without additional protective packaging will not be accepted. Returns can be performed by way of pick-up order from TCI GmbH’s logistics partner or at the customer’s expense. In the case of justified and punctual notice of defects TCI GmbH will reimburse return delivery fees. The reason for the return and all information necessary for claim processing must be clearly marked when returning an order. This includes the delivery note and customer numbers.

Claims that occur due to improper handling and/or storage are excluded.

Freight collect returns are not accepted by TCI GmbH!

Returns of goods that are free from defects and can be resold, for example goods that have been ordered as consignment goods, are only accepted, if TCI GmbH receives them with complete packaging units, in their original sale packaging and appropriately packaged. Returns in the sales packaging only cannot be accepted. Costs of returns are to be covered by the customer. For restorage of returns TCI GmbH charges a fee of 10 % of the net commodity value of the actually returned goods.

Retention of Title
Ownership of the delivered goods remains with TCI GmbH until all stipulations from the existing business partnership have been satisfied. The customer may decide on the sale of goods within the context of normal business transactions. The customer may neither pledge any goods that have been delivered under the retention of title provisions nor can these goods be seized as security. In the case of pledging, seizure or other dispositions by third parties, the customer must immediately inform TCI GmbH via telefax or e-mail.

Liability
No compensation claims can be made against TCI GmbH and its agents except in cases of gross negligence. In cases of death, injury to health or body or in the case of guaranteed characteristics and liability in accordance with product liability laws, TCI GmbH is liable according to statutory provisions. TCI GmbH is not liable in any other case. It is to be generally assumed that TCI GmbH does not produce products itself. Therefore the product liability and producer liability risks pass to the actual supplier.

Data Protection
Data processing occurs in accordance with the Federal Data Protection Act and the Telemedia Act.

General Regulations
All products delivered by TCI GmbH may only be dispatched to the territory of the USA with prior approval.

TCI and its products are registered trademarks. The customer acknowledges this right. The customer does not have the right to uninhibited, free use of these trademarks. The customer must halt use of the trademark as soon as contractual obligations with TCI have terminated and all goods that have been delivered by TCI to the client are sold.

The law of the Federal Republic of Germany applies for the entire duration of the contract between TCI and the customer without possibility of recourse to the CISG.

The place of jurisdiction is Frankfurt. TCI GmbH reserves the right to assert claims at other places of jurisdiction.

Should individual or multiple provisions of these terms and conditions be or become invalid, the other provisions will stay in effect.

Should one or more provisions of these terms and conditions be or become invalid, they will be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

No part of this document may be reproduced, processed, duplicated or disseminated through electronic systems without written consent by TCI GmbH.

 

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