General terms and conditions of business
The following GTCs are valid for all contracts that the business customer concludes with Taiga GmbH. Separate GTC supplements for consumers within the scope of the online store of Taiga GmbH, are listed separately below, in section II.
Our offers are non-binding. Samples and samples are non-binding. We reserve the right to make excess or short deliveries of up to 10%.
2. warranty; claims for defects
If the subject matter of the contract handed over by the contractor proves to be defective, the contractor is first given the opportunity to remedy the defect - depending on the type of defect and the other circumstances several times - by means of subsequent performance, at his choice by repair or replacement delivery. If the contractor refuses subsequent performance or the subsequent performance fails or is unreasonable for the client, the client can either demand a reduction in the payment owed (reduction) or, in the case of a significant defect, withdraw from the contract. The right of withdrawal expires if the customer does not declare his withdrawal no later than 14 days after receipt of the notification of the rejection or failure of the subsequent performance or at the latest 14 days after the point in time at which the unreasonableness of the subsequent performance becomes apparent to the customer.
Liability and warranty expire if the client makes or has made the goods without written consent changes, work and repairs or any kind, of course, may be a proper and proper further processing. The client must inspect all goods immediately after delivery and report any defects without delay. Late indicated visible defects are no longer recognized for warranty.
No warranty is assumed in particular in the following cases: Unsuitable or improper use, natural wear and tear and transport, faulty assembly or operation by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, use of unsuitable operating materials, defective
Processing, mechanical, chemical, electrochemical or electrical influences – insofar as the contractor is responsible for them. The amount of all warranty claims is limited to the order value. In particular, compensation for lost profits, installation, removal, operating, overhead and conversion costs, any consequential costs and transport costs to the place of warranty and back to the customer due to defects is expressly excluded.
The customer is solely responsible for the correctness of the data transmitted by the customer, including specifications, operating data, drawings and parts lists. A guarantee on the part of the contractor for the generation of income does not exist. The contractor reserves the right to make technical changes to the scope of delivery if necessary and while maintaining the functionality.
The liability of the contractor, his legal representatives and vicarious agents from breaches of duty and tort is limited to intent and gross negligence. Liability for indirect damage and consequential damage is excluded with the exception of intent and gross negligence. Other claims against the contractor are limited to gross negligence or intent. Liability claims expire after one year.
The offer and all related correspondence is valid in German and English, provided that this was used by the contractor. The same applies in the case of order processing after the order has been placed. Translations are the sole responsibility of the client.
5. export control/export bans
The customer is solely responsible for checking and complying with all national, European, US American or international regulations of foreign trade law, including embargoes (and/or other sanctions), delivery bans in business transactions with potential customers or end users. Insofar as the fulfillment of contractual obligations by the contractor requires approval due to national, European, US American or international regulations of foreign trade law including embargoes (and/or other sanctions), the client is responsible for submitting an application to the competent authority. If the approval is not granted, there is no breach of contract or duty on the part of the contractor. The same applies if the fulfillment of a contract should be prohibited due to the regulations mentioned.
6. shipping; transfer of risk
Shipping is always at the risk of the customer. The risk passes to the customer when the goods are delivered to the transport company, at the latest when they leave our works or warehouse (in the case of third-party business from the works or warehouse of our pre-supplier). The statutory provisions on the transfer of risk in the event of default of acceptance remain unaffected. The customer confirms that he has ensured that the goods sent to him are received and used by a specialist who is qualified to do so in accordance with statutory ordinances and regulations relating to the product in question. This applies in particular to medical products. which also require proper storage.
Unless otherwise stated, our online prices are gross prices. Value added tax may be shown separately on invoices. Unless otherwise agreed, the prices are ex works or ex warehouse for deliveries of goods, including our standard packaging. If a freight-free delivery of goods has been agreed, this shall apply freight-free to the receiving station of the purchaser, excluding house freight. Additional costs due to a special type of shipment requested by the purchaser (e.g. express goods, express freight, air freight) shall be borne by the purchaser. Unless otherwise agreed, the customer shall bear the shipping costs.
Our invoices for deliveries of goods are, unless otherwise agreed, for business customers, payable within 10 days of the invoice date without deduction. Our invoices for services and license fees are payable within 10 days of the invoice date without deduction. The timeliness of payment is determined by the receipt of the amount at our unconditional disposal. We accept checks only on account of performance. Payments by bill of exchange are excluded. If the payment deadline is exceeded or payment is not made in full on time, the customer shall be in default at the latest 10 days after the due date and receipt of the invoice, even without a reminder. Notwithstanding any other claims, we shall be entitled to charge interest at a rate of 9 percentage points above the respective prime rate pursuant to § 247 BGB (German Civil Code) from the date of default. If, after conclusion of the contract, justified doubts arise as to the solvency of the customer, so that the fulfillment of our payment claim is at risk, we shall be entitled to make the outstanding deliveries dependent on an advance payment or a security deposit by the customer. If the customer does not comply with the request for advance payment or provision of security within a reasonable period of time set by us, we shall be entitled to withdraw from the existing contracts.The customer may only set off claims which are undisputed or have been established by a court of law or exercise a right of retention only in respect of such claims which are based on the same contractual relationship. This restriction shall not apply to claims of the Purchaser due to defects or due to partial non-performance which are based on the same contractual relationship as our claim.
The delivery dates stated by us regularly indicate the probable delivery date, which we will endeavor to meet. We are entitled to make partial deliveries if this is reasonable for the customer given the circumstances of the individual case. In this case, we are entitled to invoice the partial deliveries individually.
Agreed delivery dates only apply if all details of the order are clarified in good time and all of the customer's obligations are fulfilled in good time. In the event of culpable non-compliance with a delivery date expressly agreed in writing, the customer will set us a reasonable grace period in writing. There is no need to set a grace period if this is exceptionally dispensable according to § 323 BGB.
If we are in default of delivery due to slight negligence, our liability for damage caused by delay (damages in addition to performance) is limited to 3% of the purchase price of the goods delivered late. Liability for injury to body, life and health remains unaffected. Claims of the customer for damages instead of performance are determined according to number 2.
Circumstances or events beyond our control which delay or make delivery impossible or unreasonably difficult, e.g. war, acts of God, natural disasters, accidents, traffic and operational disruptions, shortages of raw materials or energy, strikes or lawful lockouts, shall release us from our obligation to deliver for the duration of the hindrance and a reasonable start-up period, even if they occur at our suppliers. If, due to the duration of the hindrance, it is no longer reasonable for one of the parties to adhere to the contract, taking into account the interests of both parties, each of the parties shall be entitled to withdraw from the contract in whole or in part, but the customer shall only be entitled to do so after prior warning.If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to claim damages including any additional expenses. We reserve the right to assert further claims.
The content of this offer is intended solely for the recipient and his clients in the respective project.
The offer / invoices / correspondence / samples / delivery of goods and its contents as well as all related documents are to be treated confidentially and may not be made accessible to uninvolved third parties without the express consent of the contractor and may not be examined in detail.
11. property rights
The delivered goods remain our property (reserved goods) until the purchase price and all existing or future claims arising from the business relationship with the customer have been paid in full.
The customer is entitled to sell the reserved goods in the ordinary course of business as long as he meets his contractual obligations to us. He is not permitted to pledge or transfer ownership by way of security. He must notify us immediately of any third-party interference with our property rights. If the third party is not in a position to reimburse us for the court and out-of-court costs of defending against the intervention, the customer shall be liable for the loss incurred by us.
If the customer does not fulfill his contractual obligations towards us, we are otherwise entitled to withdraw from the contract under the statutory conditions and to demand the return of the reserved goods.
With the purchase of the goods subject to retention of title, the customer assigns to us the claims against his customers arising from their resale, including all ancillary rights. He remains entitled to collect his claims assigned to us until revoked. Upon request, the customer is obliged to inform us of the amount of his claims and the names of the third-party debtors.
If the goods subject to retention of title are processed, we are considered the manufacturer and acquire ownership of the new item without the customer having any claims arising from this transfer of rights. If the processing takes place together with other materials, we acquire co-ownership of the manufactured item in the ratio of the gross invoice value of the reserved goods to that of the other materials. If, in the event of a connection, mixing or mixing with another item, this is to be regarded as the main item, co-ownership of the item to the extent of the gross invoice value of the reserved goods shall pass to us.
If the retention of title or the assignment is not effective according to the law in which the goods are located, the security corresponding to the retention of title or the assignment in this area shall be deemed to have been agreed. If the cooperation of the customer is required for the emergence, he is obliged, at our request, to take all reasonable measures at his own expense that are necessary to establish and maintain such rights. If the value of the securities transferred to us exceeds our total claims against the customer by more than 10%, we are always prepared, at the customer's request, to transfer the security rights back to the customer at our discretion.
12 Applicable Law; Place of Jurisdiction:
The law of the Federal Republic of Germany applies to all legal relationships between the customer and us, excluding the UN Sales Convention. If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at our place of business are responsible for all legal disputes arising from and in connection with the contract. This place of jurisdiction applies exclusively to the customer. However, we can also sue the customer at the courts of his general place of jurisdiction.
13. credit assessment and credit protection
Our company regularly checks your creditworthiness when concluding contracts and in certain cases in which there is a legitimate interest, also with existing customers. To do this, we work together with external partners, such as Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from which we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information in accordance with Article 14 of the EU General Data Protection Regulation on data processing at Creditreform Boniversum GmbH can be found here: https://www.boniversum.de/eu-dsgvo/informationen-nach-eudsgvo-fuer- Verbraucher/
Extension of the GTC's especially for consumers in the scope of the Taiga GmbH Online E-Commerce Shop www.taiga.green
Your purchase contract is concluded with Taiga GmbH, Ritterstraße 12a, 10969 Berlin (hereinafter: "Taiga", "we", "us").
Managing Directors: Mr. Axel Böhm, Mr. Ivo Strassenburg
Commercial Register Local Court Berlin Charlottenburg HRB 254597 B
Value added tax identification number: applied for
(2) Customers within the scope of these General Terms and Conditions can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(4) Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
All mutual claims arising from and in connection with the conclusion of a contract for the delivery of goods between the customer (hereinafter also "you", "you") and Taiga shall always be governed by these General Terms and Conditions in the version valid at the time of the respective conclusion of the contract. Orders on www.taiga.green are possible for all persons from the European Economic Area, regardless of residence, origin or nationality.
16. conclusion of contract
16.1 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "PAY NOW" or "ORDER FOR PAYMENT" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after its receipt by us. The confirmation of receipt does not constitute acceptance of the contract.
16.2 We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods, whereby the receipt by the customer is decisive. If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office in Berlin.
17. contract text storage and contract language: German
17.1 We save the text of the contract and send you the order data by e-mail. You can also view the GTC at any time at www.taiga.green. You can view your previous orders in the "My Orders" area if you have registered as a customer and logged in via the website with your access data.
18. revocation instruction for consumers*innen
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity.
Consumers have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days and begins on the day on which:
- The goods were taken possession of by the consumer or a third party named by him/her, excluding transport personnel, insofar as it is a question of a uniformly delivered order of goods.
- The last good that the consumer or a third party named by him/her, excluding transport personnel, took possession of, insofar as it is a single order for several goods that are delivered separately.
- The last part of a product was taken possession of by the consumer or a third party named by him/her, excluding transport personnel, insofar as it is a single order for a product that is delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (Taiga GmbH, Ritterstraße 12a, 10969 Berlin, Germany, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a written declaration. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send the notification of exercising your right of cancellation before the 14-day period has expired.
18.1 Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you for goods that can be sent by parcel post until we have received those goods back or until you have provided proof that you have returned those goods, whichever comes first.
Goods that cannot be shipped by parcel will be picked up by arrangement.
You must return or hand over the goods that can be sent by parcel post to us without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you demonstrably send the goods that can be shipped by parcel before the expiry of the 14-day period.
You shall bear the direct costs of returning goods that can be sent by parcel post and the direct costs of returning goods that cannot be sent by parcel post.The costs for goods that cannot be sent by parcel post are estimated at a maximum of approximately 150 EUR.
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.
Important: The right of withdrawal does not apply to delivered goods,
- which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as B. in the case of prescription drugs that are produced individually for each patient; such as
- which can spoil quickly or whose use-by date is quickly exceeded.
If the ordered goods are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery or damaged in any other way, an initially existing right of withdrawal expires both in the case of an (individual) purchase contract and in the case of a Subscription Agreement once the seal (of the first item) is removed or otherwise damaged. This can also include medicines, hygiene items, test strips or cosmetics, provided these goods are delivered with a seal and the seal is removed after delivery.
Model withdrawal form
To: Taiga GmbH, Ritterstraße 12a, 10969 Berlin
E-mail address: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Order number/Invoice number
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- (*) Delete where not applicable
19. data backup
Before returning devices with storage media (e.g. hard drives, USB sticks, etc.), the following information must be observed:
In principle, you are responsible for backing up your data. Please make appropriate backup copies or delete the personal data contained therein. This is particularly important when personal data of third parties is stored.
If deletion is not possible due to a defect, we ask that you expressly inform us of the existence of personal data. Please note this clearly on the return slip.
20. self-delivery reservation
If Taiga itself is not supplied through no fault of its own, although it has placed orders with reliable suppliers that are congruent, Taiga shall be released from its obligation to perform and may withdraw from the contract. In this case, Taiga will immediately inform the customer of the non-availability and, in the event of withdrawal, immediately reimburse the customer for payments already made.
21. delivery/shipping costs
21.1 In addition to the stated product prices, any shipping costs incurred are to be borne by the customer. You can find out more about the amount of the shipping costs in the offers.
21.2 Subject to self-supply, Taiga will ensure prompt delivery. If part of the order is not immediately deliverable because Taiga, through no fault of its own, has not itself been supplied in time, although it has placed congruent orders with reliable suppliers, the remaining goods will be delivered subsequently without a renewed charge of the flat shipping fee, insofar as this is reasonable for the customer.
22. price, terms of payment
22.1 The prices quoted in the online store for consumers are total prices (gross prices) and include the statutory value added tax. Any additional shipping costs shall be indicated separately for the respective products.
22.2 In the case of payment in advance, we will send you our bank details by e-mail, fax or post. From receipt of this information, the purchase price must be received within 7 days on our account. Subsequently, we will send you the ordered goods.
22.3 When agreeing on the payment method PayPal, Amazon Pay or other external payment service providers, you will be automatically redirected to the payment form of the payment provider after submitting your order. If you already have an account with a payment service provider, simply log in. Otherwise, click Set up account and follow the instructions.
22.4 If you have chosen to pay by credit card, the required information must be submitted to us when placing the order. Your credit card will be charged at the time we accept your order.
22.5 If you choose the payment method purchase on account, the purchase price is due in advance, especially for new customers, as soon as the invoice has been issued. Please transfer the registered invoice amount without deduction within 10 days after invoicing. Only after receipt of payment the goods will be shipped. In the case of existing customers or positive credit assessment, purchase on account can also be granted. In this case, the goods will be shipped immediately and must be paid within 10 days after receipt of invoice.
22.6 In order to hedge the credit risk, Taiga reserves the right to carry out an automated credit check, if necessary via external companies, and to withhold the goods until Taiga has received confirmation of the initiation of the payment process.
23. retention of title
Taiga retains title to all goods delivered by it to a customer until payment in full for the goods delivered.
24.1 The statutory liability for defects shall apply to all goods.
24.2 If delivered goods show obvious transport damage, the customer is requested to complain about such defects to Taiga as soon as possible. However, failure to make this complaint has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. If the customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), the commercial duty of inspection and notification of defects according to § 377 HGB (German Commercial Code) applies to him.
24.3 The warranty for used goods marked as refurbished and/or demonstration goods in the respective offers shall be 12 months. The respective warranty period shall commence upon delivery of the goods to the customer. The above limitations shall not apply in the event of intentional or grossly negligent breaches of contract as well as fraudulent intent, in the event that culpable damage to life, health or body has occurred, within the scope of a quality and/or durability guarantee, insofar as we have given such a guarantee with regard to the delivered goods, or insofar as the scope of application of the Product Liability Act is opened.
25.1 If manufacturers of the products selected by you offer a manufacturer's warranty, only the manufacturers and not Taiga are obligated by this, unless Taiga has expressly assumed a warranty to the customer. Detailed information on any additional manufacturer's warranties that may apply and their exact conditions can be found in each case with the product and on special information pages in the online store.
25.2 Insofar as Taiga exchanges goods within the framework of the warranty or guarantee, it is already agreed today that ownership of the goods to be exchanged shall pass mutually from the customer to Taiga or vice versa at the time when Taiga receives the goods back from the customer or the customer receives the exchange delivery from Taiga.
26. alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
27 Applicable law, place of jurisdiction
27.1 All legal transactions and legal relationships between Taiga and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, but vis-à-vis consumers only to the extent that the consumer is not deprived of the protection granted to him by mandatory provisions of the state in which he has his habitual residence.
27.2 The exclusive place of jurisdiction is Berlin or another statutory place of jurisdiction at Taiga's discretion, insofar as the customer is a merchant within the meaning of the German Commercial Code or a corporation under public law.
28. partial invalidity
Should one or more of the above provisions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In this case, the ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.
29. final provisions
Should individual provisions or passages of this offer be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the offer or any resulting contract in other respects. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the offer or the resulting contract proves to be incomplete.
Version 1.0. Updated on 17.07.2023. Property of Taiga GmbH.