THÜROS Terms and Conditions
1. Period of validity
All of our deliveries, serives and offers are provided exclusively on the basis of these Terms and Conditions. Diverging conditions of partners have no validity.
2. Offer and conclusion of contract
The presentation of products in our Online Shop does not constitue a legally binding offer. You accept them as binding when clicking on the button “complete order“. At the same time when clicking on the purchase button, you confirm that you may conduct business without restraint. After clicking the button “complete order“ you will receive an order confirmation in written form via e-mail. Upon receiving this confirmation the purchase contract becomes legally effective.
3. Terms of pricing
Our offers online are without obligation and not binding. All prices are including German valued-added tax of 19% plus possible charges for consignment. The shipping costs are detailed in “Shipping costs“.
The indicated delivery time shall only be deemed to be agreed approximately. Binding delivery times or periods shall require written form.
We shall not be held responsible for delays in delivery and dispatch due to force majeure and due to unforseeable events which make it substantially difficult or impossible for us to make the delivery and for which we are not responsible (e.g. industrial dispute, unrest, official measures or similar) even in cases of binding deadlines and dates agreed to by us.
You entitle us to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to partially or completely to withdraw from the contract, because oft he unfulfilled part of the contract, without the buyer making any claims of any sort herefrom.
If the above-mentioned hindrances occur at the purchaser’s premises, the same legal consequences will aply to its purchasing obligation. We are entitled to render partial deliveries and services, and may also bill proportionally for the same.
A notification to DHL packing stations is not possible.
5. Retention of title
All goods delivered shall remain our property until all claims arising from the business relation have been paid in full.
With delay of payment of the buyer we are entitled to also require without practice of the resignation and without respite setting expense the expense of the buyer the provisional publication of the goods in our property.
6. Terms of payment
The online purchase can be paid via the following payment methods: credit card (Visa, Mastercard and American Express), Paypal, Giropay, payment in advance as well as direct banking. We reserve the right to exclude certain forms of payment on a case-by-case basis. Invoices have to be paid immediately after receiving the goods. The entitlement of cash discount is non-existent.
7. Right of revocation
You shall have the right to revoke the sale contract without giving reasons within the period of one month in written form (e.g. letter, fax message, e-mail or if the thing is handed over prior to the expiry of the delivery period, by returning the thing. The withdrawal period starts when this information is received in writing, but not however, prior to the receipt of the goods by the consignee. (in case of recurring deliveries of similar goods not before receipt of the first installment) and also not prior fulfilment of our information duties according to article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as our duties according to § 312e section 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. For the protection of the withdrawal the timely sending of the revoke or the thing is enough.
The withdrawal shall be addressed to:
Mrs. Jacqueline Schneider
Fax: +49 3 62 53 - 3 66 19
8. Revocation consequences
In the event of an effective revocation already received services on either part shall be returned; any benefits already realised (e.g. interest) shall be returned as well. If you are unable to return the received service neither in full nor partly or only in a deteriorated condition, you have to render, if applicable, compensation for the value.
In case of returning the goods this is not applicable when the deterioration of the goods is due to exclusively to its examination – in a way which would have been possible for the consumer in a shop. Incidentally, you can avoid the obligation to pay compensation for a deterioration of matter, as a consequence of the intended use by not treating the subject matter as if it were your own property and by ommiting anything detrimental to the value. Goods consignable by parcel shipment may be returned at our risk. The person who ordered the goods is responsible for meeting the costs of the return shipment where the goods delivered are the same as those ordered and the price of the article to be returned does not exceed 40 euros, or when in the case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractual partial payment. Otherwise, the return of the goods is free for you. Goods non-consignable by parcel shipment may be picked up at the customer. The customer must perform obligations with regard to the reimbursement of payments within 30 days of sending the revocation. For you, the period begins on submission of the declaration of withdrawal or return of the goods and for us upon receipt of the same.
We shall give warranty that the goods supplied by us have been properly manufactured. We do not grant any warranty for defects occured because of improper use, incorrect assembly or commissioning by the customer or third party or inappropriate treatment or fort he consequences of improper modifications or repair work carried out by the customer or third parties without our consent. The warranty period shall be based on legal regulations in case nothing different has been agreed. The period begins after you received the goos.
Obvious defects of supplied goods must be reported to us in written form immediately, at the latest within 6 months calculated from the point of delivery.
In case of in due time justified complaints we are entitled to effect compensation of our own choice in form of either removal of the defects or of a replacement delivery (improval of an impeccable good). In the event of our failing to meet these obligations or failing to do so within a reasonable time in accordance with the terms oft he contract, the buyer may set in writing a final deadline within which we must fulfil our obligations.
In the event of this expiring without result, the buyer may demand reduction of the price, withdraw from the contract, or himself carry out, or have the necessary subsequent improvement carried out by a third party at our cost and risk.
10. Applicable law
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Purchase Law.
Is the costumer not a consumer, such as a business, a juristic person or a person of common law, our registered office shall be the sole place for jurisdication for all disputes arising in connection with this agreement.
The case that any stipulation stated in the Terms and Conditions or in the frame of any other agreement between us and our contractual partner is or is declared ineffective does not affect other stipulations in this or any other agreement. In this case the parties tot he contract shall substitute the invalid provision with one that comes as close as possible to the intended business purpose oft he original provision.