The contract language is German.The following translation is only for the better understanding of the German version, which is legally effective.
§ 1 Preamble / applicable law / jurisdiction
(1) The General Business Terms and Conditions listed below define the contractual relationship between the firm tickSAFE GmbH, Karl-Grillberger-Str. 1, 90402 Nuremberg, Germany (hereinafter "vendor"), and their contractual partners and customers. The firm tickSAFE GmbH is registered with the Court Registry, District Court Nuremberg (Registry Number: HRB 25837). Managing Director is Dr. Matthias Meinhold.
(2) Deviating contractual terms of the clients shall not be applicable, unless agreed upon with the client on an individual basis.
(3) For commercial resellers the contractual terms and conditions apply.
(4) The General Business Terms and Conditions of our independent marketing contractors (Amazon, ebay, etc.) shall find exclusive application for sales of our products indirectly sold through them.
(5) The laws of the Federal Republic of Germany shall find exclusive application to the exclusion of the UN International Convention for the Sales of Goods, insofar as no mandatory contradictory international consumer protection laws exist.
(6) The sole court of jurisdiction is the Amtsgericht with jurisdiction over the registered offices of tickSAFE GmbH, insofar as the customer is a merchant in accordance with the HGB (commercial laws) or a public body.
§ 2 Terms of the contract / conclusion of the contract / contractual language / storage of the contractual text
(1) The vendor advertises Tickgrippers, accessories and other commodities in his online shop.
(2) Upon a purchase through the online shop, the sales contract shall become binding upon the customer’s acceptance of the ordered product, delivered by the vendor: The advertisement of the concerned products solely represents a non-binding appeal to the customer to make a contractual offer by placing an order. The customer places this contractual offer within the last step of the ordering process in the online shop by clicking “order with an obligation to pay”. As soon as the vendor receives the product order, a return order confirmation shall be issued to the customer’s email address, provided by the customer during the ordering process. Such order confirmation shall not be deemed a binding sales contract. The vendor is entitled to accept the customer’s offer by sending an order confirmation in another email. This must occur within two days, where the timely receipt of the order confirmation by the customer is determining. If the vendor fails to accept the offer within the given time frame, it will be deemed rejected, i.e. the customer is no longer bound by his/her offer. The two-day period for accepting your offer begins on the first working day following the day that you have placed your offer and finishes at the end of the second working day following the day that you have placed your offer. Working days are Monday through Friday, excluding state-approved holidays at the seat of the tickSAFE GmbH.
(3) Orders that exceed the normal household quantities require the approval of the tickSAFE GmbH.
(4) The contract language is German. The translations of these General Business Terms and Conditions are for information only and are not legally binding.
(5) The ordering text is not saved by the tickSAFE GmbH and can no longer be accessed after the completion of the order transaction. However, you can print your ordering information immediately after placing the order.
§ 3 Prices / Shipping costs/ Shipping / Payment
(1) Orders through the online shop are bound to the therein-stated prices. All prices are in Euro and include all price components, and therefore also the statutory German sales tax.
(2) Any additional shipping and packaging costs will be indicated in the relevant offer. For logistical reasons, the collection of products is not possible.
(3) The customer may choose any of the payment methods indicated in the online shop. Discount deduction is not possible.
§ 4 Supplier and vendor identification for orders
through the firm tickSAFE GmbH
through Independent Marketing Contractors of the firm tickSAFE GmbH
You will find the provider and vendor identification for orders through our independent marketing contractors in their respective general terms and conditions.
§ 5 Delivery / product availability / reservation of title
(1) The delivery of the ordered products occurs on the shipping routes from the vendor’s warehouse to the address provided by the customer.
(2) The product availability is indicated in the respective product description. If there is no indication of a product’s availability, then it is in stock. Stock goods will be shipped immediately after receiving payment. Delivery of goods in household quantities, ordered through the firm tickSAFE GmbH and within Germany, usually occurs within 3-8 working days. The shipping outside of the Federal Republic of Germany and within Europe usually takes between 6-14 working days for available products. For shipments outside of Europe, the delivery time depends on the shipping method (airmail / land / sea) and the location of the recipient. Diverging delivery times are indicated in the respective product description.
(3) The delivered goods remain the property of the vendor until all claims arising from the contract are fulfilled.
§ 6 Right to cancel a contract, consequences of cancelling a contract, return costs
The contracts, which can be concluded herein, relate exclusively to the supply of products and are exclusively concluded through distance communication media. Thus, based on consumers have the right to cancel a contract under the conditions and by the process indicated below. A consumer is any natural person that commits to a legal transaction for a purpose that cannot be attributed to his/her commercial or independent professional activity.
Start of cancellation policy advice
You can cancel your order without the need to provide a reason by means of written declaration (i.e. through a letter, fax, email) within a 14-day period. If you received your ordered product before the 14-day period has expired, you may also terminate your order through the return of the product. The cancellation period first begins upon receipt of this cancellation policy advice in written form, however not prior to delivery of the products to the customer, and not prior to fulfillment of our informational duties pursuant to Article 246 § 2 as relate to §1 Para. 1 and 2 EGBGB and our further duties pursuant to §312e Para. 1 BGB as relate to Article 246 § 3 EGBGB, and not before the sales contract becomes binding through customer´s acceptance of delivery of the products ordered. The timely forwarding of customer´s written cancellation notice or the timely return shipment of the concerned products is sufficient to meet the cancellation deadline. The written cancellation notice or the return shipment is to be made to tickSAFE GmbH, Karl-Grillenberger-Str. 1, 90402 Nuremberg, Germany.
In the event that the products to be returned to tickSAFE GmbH are not returnable in whole or in part or are returned in a condition worse than the condition at the time of delivery, the customer shall be responsible to make compensation for any respective loss of value suffered. You are only obligated to compensate for the deprecation or wear of a good, if it is ascribable to its usage beyond an examination of properties and functions. The “examination of properties and functions” is herby understood as the testing and trying out of a particular good, as possible and common in a retail store.
The vendor has to bear the costs of return. Obligations of reimbursement must be fulfilled within 30 days. This period begins for you upon providing the notice of cancellation or making the return shipment, and begins for us upon reception thereof.
End of cancellation policy advice
§ 7 Warranties
Warranties shall be subject to and in accordance with statutory provisions, whereby tickSAFE GmbH shall have the option of repair or replacement in the event of defect. In the event a repair fails or the replacement product is likewise defect, the customer can return the product and will receive full repayment of the purchase price paid. Any further liability of tickSAFE GmbH for any reason whatsoever is precluded unless prescribed by law.
§ 8 Data Protection and Informational Rights
All personal data shall be treated strictly confidential. Personal information of customers shall only be used for optimal completion of the ordering process, to ship products, to provide services and to complete the payment process. For these aforementioned purposes, tickSAFE GmbH may transmit customer´s personal data to independent contractors or affiliated companies. The data required for the completion of the payment process may be retained and stored. The address data of customers, obtained within the scope of the sales transaction, will only be used by tickSAFE GmbH for advertising or market research purposes with explicit consent of the customer. According to the federal data protection statutes, the customer has a right to cost free information concerning retained or stored personal information as well as a right to correct, block or delete such data. Please also note the further data privacy information under the separate data privacy statement section.
§ 9 Image and Depiction Rights
All rights to images and depictions belong to tickSAFE GmbH or its independent marketing contractors. Use thereof without prior approval is prohibited.
§ 10 Severability Clause
Should a provision of these General Business Terms and Conditions be invalid, such shall not affect the validity of the remaining terms and conditions.