General terms and conditions

Company address:

Tailwind Brands GmbH

Friedenstr. 16a

59199 Boenen

Germany

VAT-ID: DE815660577

Commercial register number: HRB 8974 (Hamm Local Court)

GENERAL TERMS AND CONDITIONS

1. general, customers, language

(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as Customers) via any distribution channel shall be subject to these General Terms and Conditions. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.

(2) For purposes of these General Terms and Conditions,

(i) a consumer is any natural person who enters into the contract for a purpose which can be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code – BGB) and

(ii) an “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (Section 14 (1) of the German Civil Code).

(3) The customer’s terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.

2. conclusion of contract

(1) Our offers, in particular in catalogs, etc., are non-binding insofar as they do not constitute an application pursuant to § 145 BGB in the individual case.

(2) By placing an order, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.

(3) We shall send the customer a confirmation of receipt of the offer without undue delay after receipt of the offer, which shall not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (e.g. by e-mail) or dispatch the goods. The purchase contract with the customer is concluded only with our acceptance.

(4) The text of the contract shall be stored by us and shall be sent to the customer together with the legally effective General Terms and Conditions by e-mail after conclusion of the contract.

3. prices and payment

(1) Our prices are ex works, plus the respective statutory value added tax and excluding the costs for packaging, unless expressly agreed otherwise.

4. shipment of the goods

(1) Deadlines and dates specified by us for the shipment of the goods are always only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.

(2) All delivery periods stated by us in the order or otherwise agreed upon shall commence,

(a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or

(b) if payment by cash on delivery or on account is agreed, on the day of the conclusion of the purchase contract.

(3) The date of handover of the goods by us to the shipping company shall be decisive for compliance with the shipping date.

(4) Even if goods are marked as “in stock” on the order form, we are entitled to sell these goods at any time, if

(a) there is a notice on the order form that the goods are only available in limited quantities; or

(b) the delivery is made against advance payment and the payment is not received by us within a period of five working days after our acceptance of the offer.

In such cases, shipment within the agreed period or the period specified by us shall only take place while stocks last.

(5) If no delivery period is specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted under paragraph 4, shipment within three weeks from the relevant start of the delivery period pursuant to paragraph 2 shall be deemed agreed.

(6) We shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs caused thereby.

5. shipping and insurance

(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.

(2) We shall insure the goods against the usual transport risks at our expense.

6. retention of title

(1) The goods shall remain our property until all payments have been received in full. In case of breach of contract by the customer, including default of payment, we are entitled to take back the goods.

(2) The customer shall handle the goods with care, insure them appropriately and, if necessary, maintain them.

(3) Insofar as the purchase price has not been paid in full, the customer must inform us immediately in writing if the goods are encumbered with third-party rights or exposed to other third-party interventions.

(4) The customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he already now assigns to us all claims from such a resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, the customer shall remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long and insofar as the customer meets his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no cessation of payments.

(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10 %, we shall be obliged to release the securities at our discretion at the customer’s request.

7 Warranty / Statute of Limitations

(1) We shall be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular §§ 434 et seq. German Civil Code The warranty period for goods delivered by us to entrepreneurs is 12 months.

(2) An additional warranty exists for the goods delivered by us only if this was expressly given in the order confirmation for the respective item.

8. liability

(1) In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions; the same shall apply in the event of culpable breach of material contractual obligations. Insofar as there is no intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(2) Liability for culpable injury to life, limb or health and liability under the Product Liability Act shall remain unaffected.

(3) Unless otherwise expressly provided above, our liability is excluded.

9. data protection

(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and for as long as we are obliged to store this data on the basis of statutory provisions.

(2) We reserve the right to transmit personal data of the customer to credit agencies if this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in the individual case. We will not otherwise disclose personal customer data to third parties without the customer’s express consent, except to the extent that we are required by law to do so.

(3) We are not permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those specified in this clause 9.

(4) For the out-of-court settlement of consumer disputes, the European Union has established an online platform (“Online Dispute Resolution Platform”): http://ec.europa.eu/consumers/odr/

10 Applicable law and place of jurisdiction

(1) The contracts existing between us and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.

(2) If the customer is a merchant within the meaning of. § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in Germany, the courts in Hamm shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.

Supplementary General Terms and Conditions for the installment purchase by easyCredit

1. scope of application and general terms of use


The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant using ratenkauf by easyCredit (hereinafter referred to as installment purchase).
In the event of a conflict, the supplementary GTCs shall take precedence over the Merchant’s General Terms and Conditions to the contrary.
Installment purchase is only possible for customers who are consumers acc. § 13 of the German Civil Code (BGB) and have reached the age of 18.

2. installment purchase


For your purchase, the dealer, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG), provides you with the installment purchase as an additional payment option.


The merchant reserves the right to check your creditworthiness. For more details, please refer to the installment purchase data protection notice in the order section. If the use of installment purchase is not possible due to insufficient creditworthiness or reaching the merchant turnover limit, the merchant reserves the right to offer you an alternative billing option.

The contract for an installment purchase is between you and the merchant. With the installment purchase you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. The ownership of the goods remains reserved until full payment. The receivables arising from the use of the installment purchase are assigned by the merchant to TeamBank AG as part of an ongoing factoring agreement. Payments can be made with debt-discharging effect exclusively to TeamBank AG.

3. installment payment by SEPA direct debit


By the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made by the installment purchase from your checking account specified in the order process at the credit institution indicated there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by e-mail no later than one calendar day before the SEPA Direct Debit is due (pre-notification/advance notice). The earliest date of move-in is the date specified in the advance notice. A later, more timely move-in can take place.

If a reduction in the purchase price amount occurs between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification. You must ensure that your current account has sufficient funds on the due date. Your reditinstitut is not obliged to honor the direct debit if there are insufficient funds in your checking account.

If a return debit note is issued due to a lack of sufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiration of the current account, you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.

The fees charged by your TeamBank AG credit institution in the event of a return debit note will be passed on to you and must be paid by you. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a return debit note, we ask you not to object to the SEPA debit note in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the reversal of the payment is carried out in coordination with the merchant by transferring back the corresponding amount or by issuing a credit note.

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